the Kings prerogative Royall be duely advanced Which things if it might please them rightly to consider then let them humblie and seriouslie beseech our Sovereine Lord the King and States in Parleament to giue their consentes to such a law as the proiect ensuing may warrant thē the same not to be dangerous to the overthrowe of their civill studies The Proiect of an Act for the explanation and amplifying of one branch of a statute made in the first yeere of the raigne of Queene Elizabeth entituled An Act restoringe to the Crowne the ancient iurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a statute made in the first yere of King Edward the sixt entituled An Act what seales and stiles Bishops and other spiritual persons exercising iurisdiction ecclesiasticall shall vse FOr asmuch as by one braunch of an Act made in the first yeere of our late Soveraigne Ladie of blessed memorie Queene Elizabeth entituled an Act restoring to the Crowne the auncient iurisdiction over the state Ecclesiastical Spirituall and abolishing all forraigne power repugnant to the same it was established and enacted That such iurisdictions priviledges superiorities and preheminences spiritual and ecclesiasticall as by anie spirituall or ecclesiasticall power or authoritie hath heeretofore bin or may lawfully be exercised or vsed for the visitation of the Ecclesiasticall state and persons and for reformation order correction of the same and of all maner errors heresies schismes abuses offences contempts and enormities should for euer by authoritie of that present Parleament be vnited and annexed to the Imperiall Crowne of this Realme by meanes whereof it may now be made a questiō whether any Archbishops or other Ecclesiasticall persons having since that time vsed or exercised any such spirituall or ecclesiasticall iurisdiction in their owne right or names might lawfully haue done or hereafter may lawfully doe the same without speciall warrant and authoritie derived immediatly frō your Highnes by and vnder your H. letters patents And whereas also by a statute made in the first yeare of Kinge Edward the sixt entituled an act what seales and stile Bishops or other spirituall persons shall vse it was ordained that all and singular Archbishops and Bishops others exercising ecclesiastical iurisdictiō should in their processe vse the Kings name and stile and not their owne and also that their Seales should bee graved with the Kings armes And forasmuch also as it must bee highly derogatorie to the Imperiall Crowne of this your Highnesse Realme that any cause whatsoever ecclesiasticall or temporall within these your H. Dominions should be heard or adiudged without warrant or commission from your Highnes your heyres successors or not in the name stile and dignitie of your Highnes your heyres and successors or that anie seales should be annexed to anie promesse but onelie your Kinglie seale and armes May it therefore please the King at the humble supplication of his Commons to haue it enacted That the aforesaid branch of the aforesaid Act made in the first yeere of Queene Elizabeth her raigne everie part thereof may still remayne for ever be in force And to the end the true intent and meaning of the said statute made in the first yeere of King Edward the sixt may be declared and revived that likewise by the authoritie aforesaid it may be ordayned and enacted that all and singular Ecclesiastical Courts and Consistories belonging to any Archb. Bb. Suffraganes Colege Deane and Chapiter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which haue heretofore bin commonly called reputed taken or knowne to bee Courts or Consistories for causes of instance or wherein any suite complaint or action betwene partie and partie for any matter or cause wherin iudgment of law civil or canon hath bin or is required shall and may for ever hereafter be reputed taken and adiudged to be Courts and iudgmentseats meerely civill secular and temporall and not hence foorth Ecclesiasticall or spirituall and as of right belonging and apperteyning to the Royall Crowne and dignitie of our Soveraigne Lorde Kinge Iames that nowe is his heyres and successors for ever And that all causes of instance and controversies betwene partie partie at this day determinable in any of the said Courts heretofore taken and reputed ecclesiasticall shall for ever hereafter bee taken reputed and adiudged to be causes meerely civill secular and temporall as in trueth they ought to be and of right are belonging and appertayning to the iurisdiction of the Imperiall Crowne of this Realme And further that your H. liege people may be the better kept in awe by some authorised to be your H. Officers Ministers to execute iustice in your Highnes name and vnder your H. stile and title of King of England Scotlād Frāce and Ireland defendor of the faith c. in the said Courtes and Constories and in the said causes and controversies Bee it therefore enacted by the authoritie aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes controversies aforesaide by any power iurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adiudged civill secular and temporall shall for ever hereafter actually and reallie be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heyres successors Kinges and Queenes of this Realme And that it shall and may bee lawfull to and for our saide Soveraigne Lord and King his heyres and successors in all and everie Shire and Shires Diocesse and Diocesses within his H. Dominions and Countries by his and their letters patents vnder the great Seale of England from tyme to tyme and at all tymes to nominat and appoint one or moe able and sufficient Doctor or Doctors learned in the civill law to be his and their civil secular and temporal Officer and Officers Minister and Ministers of Iustice in the same civill secular and temporall Courts Consistories which in and ouer his and their royall name stile and dignitie shall as Iudge and Iudges doe perform execute all and every such act and acts thing and things whatsoeuer in and about the execution of iustice and equitie in those Courts according to the course and order of the civill lawe or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath bin vsed and accustomed to bee done by for or in the name of any Archbb. Bb College Cathedral Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoeuer And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Iudge Iudges in his and their processe shall vse one manner of Seale only and none other hauing graued decently therein your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further bee it enacted c That it shall and may be lawfull by
Realm though that thorough sufferance and negligēce any thing should at any time be attempted to the cōtrarie For whereas before the statute of Caerlile the Bishoppe of Rome had vsurped the Seignories of such possessions and benefices as whereof the Kinges of the Realme Earles Barons and other Nobles as Lords and Avowes ought to haue the custodie presentements and collations King Edward the first by the assent of the Earles Barons and other Nobles of all the communaltie at their instancies and requestes and without mention of anie assent of the state of prelacie in the said Parleament holden at Caerlile ordeyned that the oppressions greevances and damage susteyned by the Bb. of Romes vsurpation should not from thenceforth be suffered in any manner And for as much as the greevances and mischieves mentioned in the said Act of Caerlill did afterward in the time of K. Edward the thirde daylie abound to greater damage and destruction of the 31. Ed. 5 sta of heering 36. Ed. 3. c. 8. Realme more then euer before and that by procurement of Clerkes purchasers of graces from Rome the sayde King Edward the third by assent accord of all the great men and cōmons of his Realme and without mention of any assent of Prelates or Lords spirituall having regarde to the saide Act of Caerlile and to the causes conteyned in the same to the honor of God and profit of the Church of England and of all this Realme ordeyned and established that the free elections of Archbishopps Bishoppes and all other dignities and benefices electiue in Englande should holde from thenceforth in the manner as they were graunted by the Kings progenitors and founded by the Ancestors of other Lords And in diuers other statutes made by King Ed. the third it is said that our Soveraigne Lord the King by the assent of the great men and all the cōmons hath ordeyned remedy c. That it was accorded by our Sovereigne Lord the King the great men and all the commons that the Kinge chieflie 8. Edw. 3. 〈◊〉 statute of Provisours desiring to susteyne his people in tranquillitie and peace and to governe according to the lawes vsages and franchises of his lande by the assent and expresse will and accord of the Dukes Earles Barons and the commons of his Realme and of all other whom these things touched ordeyned that all they c. By which desire of the Kinge and wordes of the Act wee learne that our Sovereigne Lord Kinge IAMES may susteyne his people in tranquillitie and peace and governe accordinge to the lawes vsages and frāchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of anie statute in Parleament Nay such hath bene and yet is the power of The king with the assent of the Nobles and commons may repeale Statutes without cōsent of Prelates 15. Ed. 3. the King that with the assent and accord of the Nobles and commons hee hath authoritie to adnull and make voyde even those Actes which in favor of Prelacie and assent of Prelates haue bene enacted in Parleament As by an Acte made in the time of King Edwarde the third is plainlie to be seene For whereas the Kinge by assent of the Prelates Earles c. had willed and graunted for him and for his heyres certeyne articles firmelie to be kept and holden for ever namelie that the Ministers of holie Church for money taken for redemption of corporall penance nor for proofe accompt of Testaments nor for solemnitie of Mariage c. should not be impeched c. before the Kinges Iustices nevertheles the same Kinge in the same yeere with assent of the Earles Barons other wise men of the Realm and without assent of Prelates revoked and adnulled the same articles againe Againe King Richard the second hearing the complaints of his faithful liege 3 Ric. 2. cap. 3. people and by their clamour in diuers Parleamentes of divers abuses crept in against the solemne and devour ordinations of Churches c. at the request 7 Ric. 2. cap. 12. complaint of the Commons by the advise and common assent of the Lordes temporal without mētion of any Lords spirituall is said to haue ordeined That none of the Kinges liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of of the same same Kings reigne it is specially provided that the appeales pursuits c. made given in the same Parleament be approved affirmed stablished as a thing duly made for the weale and profit of the King and of all the Realme notwithstanding that Act Mo. Rich. 2. the Lords spirituall and their Procurators did by protestatiō absent them out of the Parleament at the time of the said iudgment given And the like protestation being made by the Prelats Clergie at a Parleament holden the thirde yeere of the same King it was replied for the King that neither for their said protestation or other words in that behalf The King bound by his oth to do his laws to be made though prelates protest against him the King would not stay to graunt to his Iustices in that case and all other cases as was vsed to be done in times past and as he was bound by vertue of his oath at his Coronation By all which premises it is as cleare as the sunne shining at noone day that the Lordes spiritual bee so far from making any one of the three Estates as that if it please the King they may not be so much as any member or part of any of the three Estates at all If in the time of King Henry the eight the Lords spirituall being then more in The Lords spiritual no principall members of the Parleament otherwise then as the King pleaseth number then the Lordes temporall had bene but such principal members of the high Estate of Parleament as without whō neither law could haue bin made Monasterie nor Priorie might haue ben dissolved what could the Kinge haue done as Head and the Commons haue done as feete and the Nobles haue done as the Heart the Liver and the Longes to the dislording and discloystering of the Abbots and Priours the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their handes and with their hornes had heaved and shouved had pushed and thrusted to the contrarie But to come nearer vnto our owne times and remembrances if it can not be proved that anie one Lord spirituall No Lordes spiritual present in parleament 1 Eliza. was present in Parleament or gaue anie assent to the enacting of statutes made in the first yere of the Queenes Maiesties raigne deceased but that it be a cleare case that the auncient iurisdiction preheminences rightes and priviledges of the Kinges Crowne were restored that poperie and superstition was banished the doctrine of the
it must with all fester infect and poyson it self All which how vnsavory and void of all sense it is I leaue to the iudgement both of the state and of the Church For who seeth not but that the state of politicke gouerment may wholy alter the state of church gouernement and not so much as alter one least iote of the politicke state of gouerment it selfe Besides since our state of politicke gouerment hath in our dayes and before our eyes repealed verie many old lawes disavowed sundry ancient customes to enterteyne and harbour the Gospell must our state of politicke gouerment no sooner now attempt to repayre certaine breaches made into the vineyarde but it must streight wayes roote vp that whiche it hath planted pull downe that which it hath builded He that diggeth about and dungeth he that spreadeth and pruâ—eth the rootâ— and branches of a tree doeth he not rather quicken then kill the roote and doth he not rather cause the boughes to sprought then the body to wither Can seuen times trying and fining of golde breed a canker in gold or may a riuer be dreyned dry by one who shutteth not but openeth the springs The body of a corpulent and diseased man the more it is purged the more ful of health it is of better constitution And howe then can it be concluded that the Gospell the life soule of the Church can laÌ„guish and giue vp the goast when the Church for the better preservatioÌ„ of her health shal receyue by some new and wholesome lawe some new and wholesome purgatiue receite Moreouer for so much as heere is mention made how the publishers of this booke did consider on the one part of things that were required to be redressed and on the other side of things required to be planted together with the state of our country people and commoÌ„ weale it is playne that their resolutioÌ„ was rather still to coÌ„tinue things amisse in the Church vnredressed then to plant the things required to be planted And alas what a resolution was that among pillers and Fathers for so they wil be counted of the church Especiallie when as the things required to be redressed were required to be redressed at the hands of the whole state of gouernment that is at the haÌ„ds of the Queene the Lords spirituall and temporall and commons in open ParliameÌ„t assembled And could any damage I pray you haue ensued to the state of gouerment to the state of the Queene to the state of our countrey people common weale lawes or to the state of the Gospell if things amisse in the Church had bene redressed and thinges wanting in the Church had bene planted by so high and supreame a power I trow not Nay seeing our country people and commoÌ„ weale not only once and twise thrise but many times haue humbly and earnestlie prayed sollicited in open ParleameÌ„t a redresse of things amisse in the church is it not most evideÌ„t that things were not considered a right but amisse by these fathers of the church and that the coÌ„siderers by keeping things vnplaÌ„ted rather aymed at their owne profit honor and dignitie theÌ„ that our countrey people and common weale should fare the better by hauing things amisse to be redressed The coÌ„siderers then being them selues parties yea such parties as by whom things were caried amisse in the Church and whose defects only were required to be redressed no marveyle I say if they vsed all kinde of artificiall advisement and coÌ„sideration to keepe things still vnplanted by the planting whereof their owne vnfatherlie miscariadges must haue bene reformed On the other side if things required to be planted might in deed be once plaÌ„ted how soeuer happelie our former Church-officers might bee some-what mal-coÌ„tented and discouraged to haue their superfluities pared and the edge of their swords abated yet is there no least cause at all for our countrey people common weale to feare any trouble or hurly burly among vs. For if the hande of God be in Iudah so that he giue the 2 Chron. 30. 12. people one heart to doe the commandment of the King and of the Rulers according to the word of the Lord and if the King the Nobles commons shall condescend agree in one and if their voyces shall be all but as the voyce of one man to allow and approoue that which doeth touch and concerne them all then shall neither the Nobles haue anie occasion to disdaine the commons nor the commons any reason to envie the Nobles Much lesse can the Nobles be at variance with the Nobles nor the commons be at defiance with the Commons For they be all of them so prudent and so prouident as that they will not bite one another least they should be deuoured one of the other And in deed why should any of our Cleargy-Maisters be so voyd of iudgement as to denie the Nobles and Commons after foure and fortie yeeres experience of a most prosperous peace weighting vpon the Gospell to be now growne so vncircumspect and simple vvitted as that a reformation of disorders to be made by their consents in others should bring forth a confusion in them selues What will they bicker one with the other will they beat and buffet one another when there is no cause of disagreement or variance betweene them For they shal be sure to loose neither libertie nor dignitie they shall endanger neither honor nor profite Our Nobles shal be tres-noble still they shal be Princes and Captaines ouer our people They shal be Deputies and Presidentes in our publicke Weale They shal be Peeres and Ancients of the Kingdome their Privileges Prerogatiues PrehemineÌ„ces stiles ensignes and titles of prowesse and honor shall not be raced defaced or diminished But they shall as they may and ought remayne and continue whole and vnviolable both to them and their posterities throughout their generations Our Iudges Iustices and Lawiers shall haue and enioy their authorities credites and reputations as in auncient times They shal be Recorders of our Cities Townes and Boroughes They shal be Stewardes of the Kings Leates and law-dayes Our Knights Esquiers and Gentlemen shall still be Burgeses in Parleaments Conservators of the Kings peace they shal be assistants to examine represse theftes rapines murders roberies riots routs such like insolencies Yea they shall be our Spokes-men and our dayes men to arbitrate and compose strifes and debates betweene neighbour and neighbour Our common people they without disturbance shall quietlie and peaceablie retayne and enioy as in former ages their immunities franchises and liberties as well abroad as at home as well in their houses as in their fieldes They shall possesse their tenancies without ciectioÌ„ they shal be inheritors without expulsion as well to the lawes liberties and customes as to the lands possessions of their Auncestors They shall not be compelled to goe to warefare vppon their owne costes they shall not be tried arraigned
externall gouermeÌ„t other outward orders to choose such as they thinke in wisedom godlinesse to bee most convenient for the state of their countrie and disposition Admonitorie Protestants by their owne doctrine ought not to bind the Church to a perpetuall goverment of prelacie of the people and hauing the consent of their godly Magistrates to that out ward forme of iurisdiction and deciding of Ecclesiasticall causes these kind of protestants I say alwayes blowing out the trumpet of obedience and crying an alarum of loyaltie to euery ordinance of man and grauelie wiselie and stoutlie demeaning them selues against all the giddy heads and fanaticall scismatikes and wrangling spirits of our age dare not I trow slip the collar nor cast of the yoke dare not push with the horne nor wince with the heele against the Gospel If so bee by the authoritie of our Christian King with the consent of his ParleameÌ„t the platforme of gouerment as hee saith deuised by some of our neighbour Churches but as we they theÌ„ selues confesse practised by the Apostles and primitiue Church might bee receiued and established to bee the best and fittest order of gouerment for the Church of Englande as well as it hath bene a long time and yet is of Scotland of most of all other Christian Churches For if it be to great a bridle of christian libertie as they say in thinges externall to cast vpon the Church of Christ a perpetuall commandement if the church haue free libertie to make choise of what gouerment soeuer shee thinketh convenient then is she neither restrained at her pleasure to forsake that which by long experience she hath found to be inconvenient neither is she tied still to retaine Archiepiscopall Episcopall and Archidiaconall gouerment though for a long season the same haue bene vsed For that in deed might well and iustlie be said to be too great a bridle of christian libertie when by necessitie there is cast vpon the Church such a perpetuall regiment of prelacie as may not be remooued Wherefore if our continued prelaticall discipline whereby the libertie of the church is taken away by publike authoritie of the King and States might be discontinued and libertie graunted to the Church to vse the Apostolical discipline either our Admonitorie Protestantes must yeelde stoup and obey or else be found to be a wayward a contentious and a fromâ—ple generation And if these two former kinds of our people which the land beeing deuided into fiue partes make three at the least shall euery way be supporters of vnitie and conformitie to the Gospell and no way disturbers of the peace libertie and tranquilitie of the Church what ouerthrow or what damage may the Gospell sustaine by the other parts Yea though they should vnite linke and confederate themselues in one For are they not weaker in power poorer in purse of farre lesse reputation then the former And yet neuertheles these partes are at such deadlie feude one against the other and at such an irreconciliable enimitie betweene them selues that the case standeth now betweene them as sometimes it stood betwene Caesar and Pompey not whether of them should reigne but whether of them should liue And how then can these parts thus diuided possiblie agree together against the other partes so surelie combined Besides the first sort of these two sorts Puritane Protestants can neuer othrowe the Gospell whom it pleaseth our Protestantes the Admonishers for difference sake to dubb with the Knights Hood of Precisians or precise and puritane Protestants Why They are the onelie and principall spokes-men and petitioners for the Apostolicall Discipline required to bee planted Nay these men out of the holy Scriptures so resolutelie are perswaded of the trueth of God conteyned therein as without which they know perfectlie that the doctrine of the Gospel can neuer powerfullie florish or be enterteyned with so high a maiestie in the hearts of men as it ought to be And as The Gospel hath ouerthrown the papist therfore he can neuer ouerthrowe the Gospell for the other sort the Papistes I meane alas that poore ratt what ouerthrow can he worke to the Gospel whose bane the Gospell hath wrought so long since Alas this faynt goast is so farre spent his disease growne so desperate his sickenesse now at such an hay-now-hay as al the phisicke of all the Phisitions in the world caÌ„ not recouer his health or once take away his hed-ach This silly snake then hauing hissed out all his sting spit out all his venime vngorged him self of all his poyson how can his skin or how should his tayle anoy the Gospel If therefore it might please the Admonishers vpon a reuew of our State our countrey and our people to cast such men as be open enemies to the Gospell into squadrons causing them to march rancke by rancke troupe by troupe and deliuering vnto the King a muster roule of all the names qualities conditions of the principal popish recusants within the Realme for none but such onely can be suspected openly to bande them selues against the Gospell it is not to be doubted but the least part of all the other foure partes would bee as great in number as these And what theÌ„ should the King and state feare the multitudes of recusantes when one standing on the Kings side should be able to withstand tenne and tenne an hundreth and an huÌ„dreth a thousand and a thousand tenne thousand papistes King Asa crying vnto the Lord his God that it was nothing with him to helpe with many or with no power and resting vpon the 2 Cron. 14. Lord ouercame tenne hundreth thousand and three huÌ„dreth chariots of the Ethiopians and Labimes For the eyes of the Lord behold all the earth to shew him selfe strong with them that are of a perfect heart toward him And when King Ioash remembred not the kindnes which Iehoiada the Priest had done vnto 2 Chro 24. him but slew Zechariah his sonne the Lord deliuered the King a verie great armie into the hands of a small companie of the host of the King of Aram who gaue senteÌ„ce against the King slew all the Princes of Iudah froÌ„ among the people and caried the spoyle of them vnto Damascus And thus much concerning the Admonitors proposition viz Whatsoeuer will draw with it many and great alterations of the state of gouernment and of the lawes the same may bring rather the ouerthrow of the Gospell then the end that is desired All which speach of his I affirme to be but a vaine and trifling ridle as the vvhole strenght whereof resteth onely vppon a may bee Wherevnto if I should onelie haue spokeÌ„ thus and no more viz that manie and great alterations c. might rather not bring an ouerthrow of the Gospell c. I suppose and that vpon good ground that such may might not be might euerie way be as forcible to disproue the one as his may be
they being all fast knit and bound togither vnto the Kings authoritie by a coard of 24 threads might easilie be broken but being severed and pluct a sunder into 24. Bishops can make no lawe without leaue And yet everie Bb doeth make many lawes 24 partes one from the other the King with all his regall power might not beâ— able so much as to breake one of the least threedes wherewithall one of their cordes was twisted If the Lorde Maior the Sheriffes Aldermen and whole communaltie of the Citie of London should promise vnto the King vpoÌ„ their fidelities not to set anie price vpoÌ„ Wines or other victualles by their common Councell within the said Citie vnlesse the King vnder his privie signett should first authorize theÌ„ so to doe were it not a meere collusion of the Kings meaning if everie particular AldermaÌ„ should sett prices of such things in every particular Ward But against the collection made from the Statutes 1. 8. Eliza the iudgement of the diuinies aforesaid the A collection made against the former reason by an Apologie for sundry proced by iurisdi Eccl. pag. 5. author of an Apologie to his vnderstanding reckoneth the same collection to be a very simple collection against the same hee answereth and reasoneth in effect thus If as is collected all power spirituall by a commission vnder the great Seale must be derived from the Queene to warrant the execution of it vnto him that is to exercise it then must the like warrant bee procured for euery temporall office to execute his temporall office But euery temporall officer must not procure like warrant to execute his temporall office Therefore a commission vnder the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his maior proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as absolutly and as really is revested in the person of the Queene as is the said spirituall authoritie Therfore as all spirituall officers for the execution of the said spirituall power must haue their authoritie derived vnto theÌ„ from the person of the Queen vnder the great Seale so likewise must all temporall officers for the execution of their temporal offices haue the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all teÌ„porall as all the said spiritual authoritie improperlie so called was reallie absolutelie in the person of the Queene yet herevpon it followeth not that by one and the selfe same meanes alone and namelie by a coÌ„mission vnder the great Seale all temporall and the said spirituall power in euerie part and braunch thereof should be drawen alike froÌ„ the Queenes person For there be divers and sundrie meanes to derive temporall authoritie whereas there seemeth to be but one onely meanes to derive the said spirituall authoritie and then marke the substance of the Authors argument Some temporall Officers as Stewards of Leetes Constables sundry other Officers must not drawe their temporall authoritie from the Queene by a commission vnder the great Seale Therefore no spirituall officers as Archbishops Bb Archdeacons and sâ—de vacante Deanes and Chapiters must drawe any of their spirituall authoritie from the Queene by a commission c. Which argument drawen from a particular affirmatiue vnto a general negatiue what weaknes it hath euery yong Logician can discerne And as for Stewardes af Leetes though they haue no Though all temporal officers drawe not their power from the Kinge by the great Seale yet by one meanes or other wtdrawe it froÌ„ the King commission vnder the great Seale yet for the executioÌ„ fo their Stewarships they haue a coÌ„mission vnder the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughes haue their authorities derived vnto the from the Kings person by the verie originall institution of their offices Sherifs of Countries Coroners Escheators and Verderors haue their offices and their â—uthorities warranted vnto them by the Kings writts out of the Chancerie But 〈◊〉 was not the mind of the Law-makers saith the Author that the Ordinaries by a commission vnder the great Seale should draw their saide spirituall power from the Queene What the mindes of the Law-makers were touching this poinct it mattereth litle or nothing at all Neither is it to purpose whether a commission vnder the great Seale bee necessarily required or not required by vertue of that statut 1. Eliz. c. 1. to warrant the said spirituall power vnto Ordinaries Only it sufficeth that the Queen having all power improperly called spirituall invested in her Royall person being really actually seysed of all the said supreme spirituall authoritie could not haue any parte of the same spirituall power drawn from her but by some one lawfull and ordinarie meanes or other For if this rule be true in euerie coÌ„mon person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule holde in the Royall prerogatiues rightes privileges dignities and supremities of a King Wherefore to saie that all supreme and ordinarie power improperly called spirituall was really and actually inherers in the Royall person of the Queene and to say also that some of the same inferior and ordinarie power not derived froÌ„ the Queen was neuerthelesse in the persons of inferior ordinaries is as much to say that some braunches of a tree may receyue nourishment from ells-where then from the roote that some meÌ„bers of the bodie are not guided by the head and that some streames flow nor from their fountaines And now to coÌ„clude this part against the canon law their Offices and functions thereof I dispute thus The forreigne and papall canon lawe with all the accessories dependances Offices and functions thereof is vtterlie abolited out of the Realme Therefore the same lawe is no part of the lawes of the Realme and therefore also it is evident that there will not followe any alteration of the lawes of the Realme by the taking of it away Which canon law also with other lawes functions how easely the same without any inconveniences may bee supplied shall God willing be presentlie made apparant if first we shall aunswere to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie Chalenge for Lordly primacy out of the great Charter anâ—vered out of the wordes of the great Charter Concerning which challenge namelie that by the great Charter Lordly Archiepiscopal and Episcopall primacie or iurisdiction belonging to the state of Prelacie is belonging vnto them I demand vnto what Church this great Charter was graunted And whether it were not graunted vnto the Church of God in England The words of the Charter are these Concessimus Deo hac presenti Charta nostra confirmavimus pro nobis Mag. Charta c. 1.
haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia iura sua integra libertates suas illaesas We haue graunted vnto God and by this our present writing haue confirmed for vs and for our heyres for ever that the church of England be free and that shee haue all her rights and liberties whole and vnhurt Nowe by this Charter if the same be cōstrued aright there is provision made first that such honour and worship bee yeelded by the King and his subictes his and their successors and posteritie vnto God as truely and in deed belongeth vnto him Secondlie that not onely such rightes and liberties as the King his progenitors but also that such as God had endowed the Church of England with should inviolably be preserued And in verie deed to speake truely properly such rights and liberties onely are to be called the rightes liberties of the church of England which God him selfe hath giuen by his lawe vnto his vniuersall Church not which the Kings of England by their Charter haue bequeathed to the particular church of England When therefore questiō is made that by the great Charter the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande we are to enquire and search what rights and liberties God in his holie word hath granted vnto his vniversall Church and so by consequence vnto the Church of England one part of the Catholike church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectuallie and powerfully to bend him selfe against the Popes supremacie vsurped at that time over the Church of England For saith the King wee will with hazard of our life and losse of our Crowne vpholde and defend in our Realmes whatsoever wee shall know to be the will of God The church of God then in England not being free nay having her rights and liberties according to the great Charter whole and vnhurt but being in bondage and servitude to the Sea of Rome contrarie to the lawe of God the King iudged it to stande highlie with his honor with his oath according to the measure of knoweledge which then was giuen vnto him to reform redresse amend the abuses of the same Sea If then it might please our gratious Soveraigne Lord King IAMES that now is treading in the godly steppes of his renoumed great Vncle to vouchsafe an abolishment of all lordlie primacie executed by Archiepiscopal Episcopall authoritie over the Ministers of Christ His Highnes in so doing could no more rightlie bee charged with the violation of the great Charter then might King HENRY the eight with the banishment of the Popes supremacie or then our late Soveraigne Ladie the Queene could be iustlie burthened with the breach of her oath by the establishment of the Gospell Nay if the Kings of England by reason of their oath had bin so straightlie tied to the wordes of the great Charter that they might not in anie sort haue disannulled any supposed rightes liberties of the church then vsed and confirmed by the great Charter vnto the church that thē was supposed to be the Church of God in England then belike King Henrie the eight might bee atteinted to haue gone against the great Charter and against his oath whē by the overthrow of Abbayes Monasteries he tooke away the rightes and liberties of the Abbotts and Priors For by expresse wordes of the great Charter Abbotts and Priors had as ample and as large a Patent for their rightes and liberties as our Archb. Bb. can at this day chalenge for their primacies If then the rightes and liberties of the one as being against the lawe of God be duly lawfully taken away notwithstanding any matter clause or sentence conteyned in the great Charter the other haue but litle reason by colour of the great Charter to stand vpon their pantofles and to contend for their painted sheathes For this is a rule maxime in all good lawes that in omni iuramento semper excipitur authoritas maioris vnlesse then they be able to iustifie by the holy scriptures that such rightes and liberties as they pretend for their spirituall primacie over the Ministers of Christ to be granted vnto them by the great Charter be in deed truth likewise confirmed vnto them by the holy law of God I suppose the Kinges Highnes as a successor to King Henrie the third and as a most iust inheritour to the Crown of England by the words of the great Charter and by his oath if once the same were taken to be bound vtterlie to abolish all Lordly primacie as hetherto vpheld and defended partly by ignorance and partlie by an vnreasonable and evill custome Admonition The vse and studie of the civill lawe wil be vtterly overthrown for the Civilians in this Realme live not by the vse of the civill lawe but by the offices of the canon lawe and such things as are within the compasse thereof And if you take those offices and functions away and those matters wherein they deale in the canon lawe you must needes take away the hope of rewarde and by that meanes their whole studie Assertion This collection dependeth vppon his former Reason is borrowed to proue a necessary continuance of canon law and concludeth in effect thus The taking away of the reward and maintenance of Civilians wil bee the overthrowe of the vse and studie of the civill lawe But the taking away of the canon lawe the offices and functions thereof and such things as are within the compasse of the same wil bee the taking away of the reward and maintenance of Civilians Therefore the taking away of the canon lawe wil be the overthrowe of the vse and studie of the civill lawe But we denie the assumption and affirme The maintenance of Civiliās dependeth not vpō the functions of the canon lavve that Civilians might haue farre better reward maintenance then now they haue if the offices and functions of the canon lawe and such things as are conteyned within the same were simply and absolutely taken away And further we say if there were none other vse nor end of the studie of the civill lawe then hope of reward and maintenance by some office function of the canon lawe that then Civilians should in vaine seeke for knowledge in the civill lawe because without the knowledge thereof and by the only knowledge of such things as are within the compasse of the canon law they might reape that rewarde and maintenance Nay sithens by experience wee haue known that some who neuer vnclapsed the institutions of Iustinian out of the same to learne the definition of civill iustice haue bin yet are authorized to exercise the offices and functions of the canon law how should the studie of the civill lawe bee furthered by these offices and functions when as without any knowledge of the civill
Rectors of the churches appropried and haue cura◠animaru◠in the same parishes then wee must instantlie againe pray the King that those Prebendaries by some wholesome lawe may be constreyned to reside and to incumbe vpon their saide prebendes and parochiall churches and that by continuall preaching of wholsome doctrine they may endevoure to cure the soules of the people over whō by the order of those great churches they be set over whom they haue taken charge And withall that they may no more be suffered to lye and to liue idlelie in their Cloysters in their caves and in their dennes sometimes at Worcester sometimes at Hereforde sometimes at Gloucester sometimes at Salisburie sometimes at Westminster sometimes at Soutwell sometimes at Windsore sometimes at Paules sometimes at Oxforde and sometimes at Cambridge When in the meane while both seldome and very slenderlie they feede other sheepe whose fleeces they take in and about London Winchester Tewkesburie Reading and other places of the Countrey Besides we pray that these prebendes after the determinatiō of leases now in being may never any more be let to farm so that the frutes thereof may serve for those Prebendaries or other succeeding Ministers to make Hospitalities Almes and other workes of charitie If it be alleadged that the King now hauing first frutes Tenthes and Subsidies out of the impropriatiōs of those great churches as being all comprised vnder a grosse summe of the Tenthes payable for the whole revenues of the same churches should loose the first frutes Tentes and subsidies of the same impropriations if hereafter they become either donative or presentative to this the aunswere is readilie made viz. that Tenthes first frutes and Subsidies might as well bee paide then as now And that the Kinge might then aswell haue right to the donation of the benefice disappropried as the Bishop now hath the gift of the prebend appropried In the next ranck cometh commutation to be spoken of Wherein because the impropriations of Parochiall churches apperteyning now to the King Nobles Commons Colledges Scholes Bodies politicke c. were at the firste appropried one lie by the discretion of the Diocesans Predecessors to the reverend Bishoppes that now are vnto Abbottes Prioures Nunnes Friars c. and because the Successours of those Diocesans be bound in the same band of iniquitie with their predecessors vnles by all good meanes they labor that things may be brought to their first and pristinate state it seemeth equall iust that this commutation should likewise proceede and be drawen frō the Diocesans and great Churches before specified The reasons whereof may bee such as follow The Landes and possessions given by the Kings progenitors the Earles Barons other great men of the Realme to Bishoprickes were not giuen as Maister Bilson affirmeth to vnburden the people of the support and chardges of Perpetu. power Pag. 367. their Bb. but they were given as the law of our lande teacheth vs first to enforme the people in the lawe of God in those churches Secondlie to keepe Hospitalities almes other workes of charitie And thirdlie for the soules of the founders their heyres and of all christian Now then if some of these condicions be such as for the impietie thereof ought not to be performed and if other some also being good and godly be not performed and so the thinges are to returne to their first nature as in the same statute is alleaged then is it reason that the Kinge and Nobles who are the iust inheritors and successours to those who were firsT Donoures and Founders of those Churches should haue as free a disposition and donation of those lands and possessions now as his and their progenitors and auncestours ever had And seeing it is manifest that the lands possessions of Archbishops Bishops Deanes and Chapters doe not for the most part nowe a dayes serue for those good vses for the which they were first granted namelie to enforme the people in the law of God to keepe Hospitalities Almes and other workes of charitie but partlie for the vse of chaunting and singing in the Quyers partlie to vayne idle superfluous and pompous vses the King can not do a better and more charitable deede then to convert parcell of the same landes and possessions thus by defect of the condicions not performed returning to their first nature to and for the necessarie perpetuall provision of learned able preaching Ministers to bee planted in Parochiall churches nowe destitute of sufficient Pastoures for want of sufficient maintenance naye sit hence Archbishoprickes Bishoprickes other Prelacies by the verie expresse letter of the statute are said to be founded to supersticious vses viz. for the soules of the founders their heyres and of all christian the same reason whiche led Kinge Henrie the eight his Nobles and Parleamentes to dissolve Abbayes and Monasteries the same reason also which moved King Edward the sixt with his Nobles Parleament to dissolve Colledges free Chappels and Chauntries the same reason may be a sufficient reason to perswade our Soveraigne Lord King IAMES that now is with his Nobles and Parleament to dissolve Archbishoprickes Bishoprikes Deanries c First to the end these Prelacies and Dignities may never in anie succeding ages serve to anie such superstitious vses as wherevnto they were at the first erected Secondlie that the King having them al in his owne hands and free disposition may be the onlie Foundor and Donour of so many new Bishoprickes as might please him to erect endowe with such liberall and covenable endowmentes as might serve for learned Evangelicall Bishoppes to enforme the people in the holy Evangill of Christ to keepe hospitalities almes and to doe other workes of charitie rather then to be expended as now for a great parte they are vpon the keeping of great horses coroches and troupes of serving idlers The commutation then whereof we speake and which wee most humblie commend to the consideration of the King is viz That parcell of the temporall Landes possessions of Archbb and Bishoppes togither with all the landes and possessions serving to the mainrenance of idle Ministers and idle Songsters in Cathedrall and Collegiat churches the Collegiat churches of Eaton and Winchester and the Cathedrall and Collegiat churches in Oxford Cambridge excepted by an equal and reasonable proportion may bee made with such impropriations as belong to the King the Nobles Commons Colledges Hospitals Scholes c. Provided as before hath bin said that there may be a liberall and couvenable endowment for the learned Bishops or Pastors to be continued and placed in all the chief and principall townes cities of the Realm And that the impropriations of Parochiall churches may for ever be livings for the Ministers of the same churches And therefore in the iust defence of the innocencie of all such as require a godlie and religious reformation wee say that they ought not to haue ben traduced before the Kinge
as robbers and ransackers of the church And that some of the plotters for the Prelacie more honestlie might haue imployed both their Latine and their labour then latelie they did When by drawing letters as they pretended congratulatorie to the King onlie in the name of preaching Ministers they procured notwithstanding ignorant vnpreaching Ministers to ioyne in the action and to affix their handes and names That such letters haue bene made and signed is sufficientlie to bee proved but whether they haue ben presented to the Kinges handes is not yet knowne Onely if they shall hereafter come then may they be known by these wordes Nos Concionatores c. ab omni domestica capacitate eorum qui pretextu religionis ecclesiae insidiantur My Lord the King is wise according to the wisedome 2 Sā 14. 24 of an Angell of God to vnderstand all things whereof he is informed The third meanes to reduce impropriations vnto the possession of the Ministerie Publick redemption of impropriations is by way of publicke redemption or purchase For the accomplishment whereof it is necessarie that not onelie a common treasure be provided but also that the price of impropriations by a publicke consent be valued at a reasonable rate to make which rate will bee a matter of small weight whether they be valued to be bought and sould at their old and auncient or at their new improved rentes To provide a common treasure though to some it may seeme a matter intricate and troublesome yet seeing the same possiblie and convenienlie may be done there is no cause that men should feint before they fight or be at an end before they beginne It is written that the cause when Kinge Solomon 1 K. 9. 15. raised the tribute to wit was to build the house of the Lorde his owne house and Millo and the wall of Ierusalem After that wicked Athaliah and 2. Cron. 24 her children had broken vp the hous◠of God had bestowed all the things that were dedicate for the house of the Lorde vpon Baalim King Ioash commanded the Priestes and Levites to goe vnto the Cities of Iudah and to gather of al Israell money to repayre the house of God from yeare to yeare and they made a chest and made Proclamation to bring the tax of Moses the Princes reioyced and brought in and cast into the chest And when there was much silver they emptied the chest and caryed it to his place againe and thus day by day they gathered silver in abundance If thē towards the building of an earthlie house the Princes people of Iudah and Israell willinglie with ioy of their heartes from yeare to yeare and from day to day threwe silver in abundance into the chest how much more were it praise worthy if Christian people did encourage them selves to pay a small tribute towards the provision of a competent maintenance for their spirituall Pastours by whose labours as livelie stones they might be buylded vp into a spirituall temple in the Lord That manie and great taxes and tributes of late yeares haue bene made for many vses and to many purposes there is no man ignorant thereof And therfore though there bee litle reason that the people standing alreadie burdened with great charge should be again recharged especiallie when without any extraordinarie burden there is an ordinarie meanes if the same were accordingly bestowed by the people yeelded to relieve the Ministers in all places with a decent and comelie portion yet notwithstanding to be eased from those publicke payments and annuall greevances imposed by the ecclesiasticall Courtes vpon the people it is not to be doubted but the Parishioners in al places would willinglie pay any reasonable taxe or tribute to be demanded of them for this purpose An other meanes to rayse this publike treasure may be a dissolution of all free The dissolution of Chappels may bee a good meane to rayse a tribute Chapples and Chapples of ease in the Countrey together with an vnion of two or moe churches into one especiallie in Cities and great Townes For as in these Cities and Townes the poorest meanest livings be provided so generallie for the most part are they fitted with the poorest and meanest Curates as by most lamētable experience is to be seene in all the Episcopall cities of the Realm excepting London Nay the chiefe and Metropolitane citie of Canterburie is not to bee excepted For in that Citie there being about 12. or 13. Parish churches there hath not bene ordinarilie of late yeares aboue 3. or 4. able Preachers placed in the same Churches The Chapples to be dissolved and the Churches to be consolidated by two and two into one one can be no fewer in number then one thousand at the least All which if they might be solde the money to bee raysed vpon their sale could be no lesse then twentie thousand poundes if they were soulde onlie for twentie pounds a peece But if they be well worth double or treble so much then would the treasure also bee doubled or trebled This dissolution of Chapples and vnion of Churches is no new devise nor strange innovation But hath ben heretofore thought vpon and in some parte confirmed alreadie by our Kinges in their Parleaments Touching the dissolution of Chapples the most Dissolution of Chappels noe newe devise reverēd Father Thomas Crammer Archbishop of Camterburie with the residue of the Kings Commissioners appointed for the reformation of Ecclesiasticall lawes alloweth of the same And for the vnion of Churches there was an acte made 27. H. 8. so they exceeded not the value of six pounds And by a statute Titu de eccles gard fol. 54. r. Ed. 6. it was lawfull for the Mayor Recorder of the Citie of Yorke and the Ordinarie or his Deputie six Iustices Lawfull for the Maior of Yorke c. to vnite Churches in the Citie of Yorke of the peace in the same Citie to vnite and knit together so many of the poore Parishes of the same Citie and suburbes of the same as to thē should be thought convenient to be a living for one honest incumbent And it was lawfull for the said Mayor Recorder and Aldermen to pull downe the Churches which they should think superflous in the said citie and suburbes of the same and to bestow the same towardes the reparation and enlargement of other Churches of the Bridges in the Citie and to the reliefe of the poore people The considerations which moved the King and Parleament What reasons moved K. Ed 6. to vnite churches in York may moue King Iames to vnite Churches in Canterburie c. to ordeyne this act were these viz. The former incompetēcie of honest livings the former necessitie of taking verie vnlearned and ignorant Curates not able to do any part of their duties the former replenishing of the Citie with blinde guides and Pastors the former keeping of the people aswell in ignorance of their
duties to God as also towardes the King and common weale and lastlie the former danger of the soules of the Citizens If then in these dayes it might please the King to applie like playsters to the like sorcs to provide remedies for the like mischieves and for the like diseases to minister like medicins it would come to passe no doubt in few yeares that the lame the blind the broken with a number of vnhallowed and vncleane beastes should be swept and cast foorth of all the Parochiall churches within Canterburie Winchest Chichester Lichfield Oxford and other great Cities of the Realme For these Chapples and smaler churches being the verie Chapples the seminaries of hyrelings Seminaries of all hyrelinges and idoll Sheapheards a benefice can no sooner become voyd but the poore and hungrie Chapleynes wearie of their thynne dyet and long leaping after a beane presentlie trudge to the patrone offering or accepting any condicions to be presented by him And not onelie should the Church by this meanes bee rid of these vermine but also the learned preaching Minister without further aide or coÌ„tribution in those places might haue more liberall maintenance then erst they haue had For then should they be no more constreyned to deduct out of their livings by reason of Chapples yet standing and as it were annexed to their Parish churches some 10. lb. some 20. lb. some 30. lb. by the yeare for the wages of these hyrelings Besides this a singuler and apparant benefite By yâ— dissolution of Chappels many suites in law shold be avoyded could not but redound to the common weale by the dissolution of these Chapples when as many long tedious and changeable vncharitable sutes heretofore had commenced should hereafter bee extinguished between the Parochians of the mother Churches and the inhabitants of Hamblets for concerning the repayre and reedifying of the said Churches and Chapples for other rights and duties chalenged to belong from one vnto the other A third meanes to leavie a treasure Sequestration of the fruits of the Churches of pluralists may further the treasure for the redemption of impropriations for the redemption of impropriations may be a sequestration of the fruites of the Churches of non Residentes and commendames with the fruites of the Churches of the pluralistes and perinde valeres from the which the same plurisied persons are to depart the said sequestration no longer to endure then some able Ministers may be provided placed in the same Churches A fourth meane to rayse this treasure if it please the King and that the church have found favour in his sight may bee the money due vnto the King vpoÌ„ such penall lawes as for the benefite of the commoÌ„ weale are necessarilie to be put in execution especially vpon the law of provision and premunire not pardoued by the Queene And albeit happelie the King vpon a most worthie and christian zeale be well pleased hereafter not to vrge vpon the popish recusantes the paymeÌ„t of their forfeytures for absence from divine service yet because they be able and do daylie contribute to seminaries abroad and be favourers and abettours of popish Priestes and Iesuites lurking at home the most treasonable daungerous enemies that can be to the Kings Person and State in coÌ„sideration heereof I say if it may please the King it seemeth not vnreasonable the lawe standing still in force and vnrepealed that the popish recusants be vrged to the payment of such summes of money as are alreadie forfeyted the same by the commaundement and free gift of the King to be imployed vpon the redemption of such impropriatioÌ„s as are within the parishes of their abodes To the end that learned and preaching Ministers being placed in the same they their wyves children servaunts tenants and dependantes by the powerful preaching of the worde might be converted vnto the Gospell It followeth now in order that wee speak of contributioÌ„ the fourth meanes By what coÌ„tributioÌ„ impropriations may be brought to the vse of the ministerie whereby some impropriations may bee reduced whollie to the vse of the Ministerie Wherein there can not any certeyne rule or direction bee prescribed because it must proceed onlie froÌ„ those whose heartes God shall touch stirre vp encourage willinglie to bring a free offering vnto the Lord for the building vp of his spirituall house For of everie one saith the Lorde whose heart offereth Exod. 25. 2 it freelie yee shall take an offeringe for me And everie one whose heart encouraged him and whose Spirite made him willing and men and women as manie as were free-hearted came and Exod. 35. brought taches and earings and ringes and bracelettes all were iewells of gold and blewe silke and purple skarlett and fine linnen and goates hayre and Rammes skinnes and Badgees skinnes and silver and brasse Shittim wood and Onix stones and Spice and Oyle Everie man and woman I saye whose heartes moved them willinglie to bring for all the worke which the Lorde had Exod. 36. 5. commaunded brought a free offering yea and the people brought too much and more theÌ„ ynough for the vse of the worke of the Lord. King Salomon having 2. King 8. all the Elders the heads the chiefe Fathers and all the men of Israell the Priestes and Levites to bring vppe the Arck and Tabernacle of the Lord offered Beeves and sheepe which could not be numbred for multitude Yea and after these offeringes were made and after the Kinge had prayed that their heart might bee perfect with the Lord their God to walke in his statutes to keepe his commaundementes as at that day the King agayne offered a sacrifice of two and twentie thousande beeves one hundred and twentie thousande sheepe and so was the house dedicated After the returne of the people out of captiuitie certeyne of the chiefe Fathers when they came to the house of the Lorde which was in Ierusalem they gave after their abilitie vnto the treasure of the worke even one and three score thousand drammes of golde and five thousande pieces of silver and an hundred priestes garmentes they gave money also Eâ—â— 2. 2 68 c. to the Masons and to the workmen and meate and drinke and oyle Yea at the exhortatioÌ„ of Nehemiah the Priests the great men the people and the women Nehe. 2. 〈◊〉 that they might bee no more a reproch sett their mindes to the building of the Walls and at their owne charges builded some one gate some another some one doore some another som one tower some another some one portion of the Wall some an other Wherefore seeing we haue not an Ester to succeed our Deborah but a Salomon rather to succeede a David yea such a Salomon as whose heart the Lord hath filled with an excellent spirite of wisedome of vnderstanding and of knowledge to finde out and to dissolve hard curious parables hath put in his heart
did neuer yet stande by the authoritie of the three Estates I will take his meaning to be that the statute lawes of England to this day haue stood by authority of the three Estates which to alter nowe by leaving out the one c. and then therevnto I aunswere that not any one of the three The bringing in of the discipline by pastours and elders is not the leauing out of Parleament any one of of the three Estates Estates should be left out or barred frō having authoritie in making and promulging statute lawes though the goverment of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this maner of gouerment to be planted are so farr from exempting or excluding any one of the three Estates from their auncient power priviledge and preheminence in the making of statute lawes as that we pronounce him to bee guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth onely wholy and altogether to the three Estates as well to roote out and to pull vp whatsoever goverment is not iustifiable by the holy law of God as also to plant to setle whatsoever discipline is warrantable by the same law And to speake as the thing is how were it possible to haue the discipline by Pastors Elders planted by authoritie of the three Estates if one of the three Estates should be left out Or can it be imagined that any one of the three Estates would euer consent to the bringing in of such a governement of the Church as whereby the same goverment being once brought in the same estate should ever afterwards cease to be any more an estate Besides we acknowledge that all powers are of God therfore euery one of the three Estates being a power wee graunt that the same hath his stateship by the authoritie of God And if all the three Estates be lawfull by the holie law of God how can it be verified against vs that we which vrge the same holy law for the bringing in of the discipline by Pastors and Elders should notwithstanding contrary to the same law intend the leaving out or altering of any one of the three Estates But which of the three Estates was it that he ment should be left out I trow there The state of the Prelacie is not one of the three estates in Parleament is none of the state of Prelacie so ill advised as to take vpon him the proofe of this position viz. That the Lords spirituall by them selves alone doe make one of the three Estates or that the statutes of England to this day haue stood by their authorities as by the authoritie of those who alone by themselves are to be accompted one of the three Estates For if that were so how much more thē might the great Peres Nobles and temporall Lords chalenge to make by them selves an other estate And without contradiction to this day the Commons summoned by the Kings writ haue ever bene reckoned a third Estate Now then if statutes haue hitherto stood by authoritie of the Lords spiritual as of the first Estate by authoritie of the Lordes temporall as of the second Estate by authoritie of the Commons as of the third Estate I would gladly be resolved what accoumpt the Admonitor made of the Kings Estate It had not bene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes to haue set her Royall person authoritie and State behind the lobby at the Parliament doore Either the Kinges Royall person then as not comprised within the compasse and circumscription of the three Estates by his meaninge which had bene but a very bad meaning must be thought to haue bene hitherto secluded from authorizing the statute lawes made in Parliament Or it is a most cleare case that the Lords spiritual them selves alone do not make any one of the three Estates And what matter then of more weight may it happelie seeme to be to alter the authoritie of the Lords spirituall and to leaue them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine continue by authoritie of the three Estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and euer hath bene a perfect entire and complete body and State without the body and state of Prelacie And that the King the Nobles Commons of the Realme without Prelates Bishops or Clerckes do make vp all the members and parts of this body and of this state and may therefore ordaine promulge and execute all maner of lawes without any consent approbation or authoritie yeelded vnto the same Anno 36 H 8. fo 58. b. Anno 〈◊〉 j. fo 93. 2 by the Bishops spirituall or any of the Clergie And thus much our Divines Histories Lawes do iustifie Sir Iames Dier Lord chiefe Iustice of the cōmon pleas in his reportes telleth vs that the state and body of a Parliament in England consisteth first of the Kinge as of the head and chief part of the body secondlie of the Lordes as principall members and lastlie of the Commons as inferiour members of that bodie By a Statute of provisoes it appeareth 25. Ed. 3. holy church founded in the state of Prelacie by the King That the holy Church of England was founded into the state of Prelacie within the realme of England by the grandfather of King Edward the third and his progenitours and the Earles Barons and other Nobles of the Realme and their Auncestors for them to enforme the people of the law of God These vses are changed to the keeping of great horses great troupes of idlers with long hayre and great chaines of golde to make Hospitalities and almes and other workes of Charitie in the places where the churches were foūded From whence it followeth First that the Archbishoppes Bishoppes onelie alone doe not make of themselues any state of Prelacie but that the whole holy church of England was founded into a state of Prelacie Secondlie it is playne that the 6. Eliz. c. ◠Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy church of Englande into a State of Prelacie ought and were bounden by the accord The Kinge boūd to doe lawes made without assent of Prelates to bee kept as laws of the realm of their people in their Parleaments to reforme and correct whatsoeuer was offensive to the lawes and rightes of the Crowne and to make remedy and lawe in avoyding the mischieves damages oppression and greevances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to be kept as lawes of the
holy Gospell harboured onely by the Queene the Lords temporall and commons what more playne euidence or better proofe can there be that the Lords spiritual by any necessitie be neither principalls nor accessaries neither branches nor buddes neither hanginges nor sealings nor anie furniture for the house of Parleament And of this opinioÌ„ are the soundest Historians and sincerest Divines of our age In the fifteenth yeere of King Edward Act. Mo. fol. 320. the third saieth Maister Fox divers petitions being put vppe in Parleament against provisions comming from Rome the Kinges answere and agreement was made in forme following viz It is agreed by the Kinge Earles Barons Iustices other wise men of the Realme That the petitions aforesaid be made in sufficient forme of law Where it is to be noted saith he that at the graunt hereof the consent of the Bishoppes is neither named nor expressed with the Lords of Parleament and yet the Parleament standeth in his full force notwithstanding At an other Parleament saith he William Wicham Bishoppe of Winchester Act. Mo. 525. for a slaunderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falsehoode was so by the Duke of Lancaster pursued that by act of Parleament hee was condemned and depriued of all his temporall goods And this seemeth to haue bin done saith Maister Fox without assent and against the willes of the Lords spirituall for afterwarde at an other Parleament great sute was made by the Cleargie for deliverance of the said Bishoppe and being asked a subsidie in the Kings behalfe with great lamentation they complayned for lacke of their fellow and brother of Winchester and denied to ioyne them selves in anie tractation of anie such matter And in another ParleameÌ„t holden at Yorke in the sixt yeere of King Edward the third all Act. Mo. 519. such lawes as then passed and were coÌ„cluded by the King Barons and Commons were good notwithstandinge the absence or malice of the Lordes spirituall For it is recorded saith he that onlie the Archb. of Yorke the Bishoppe of Lincolne and the Abbottes of Yorke Silby were there present In a booke intituled the burninge of Paules church in London 1561. and in the fift question moved by a papist it is said that this maner of ministration of Sacramentes set foorth in the booke of coÌ„moÌ„ prayers was neuer allowed nor agreed vpon c. no not by the Clergie of Englande at the last Parleament but onlie it was agreed vpon by the Laitie which had nothing a doe with spirituall matters or causes of religion Wherevnto the Reverend Father Maister Pilkington M. PilkingtoÌ„ Bishop of Duresme Bishop of Duresme aunswering was there not saith he a disputation for Religion appointed by the Queenes Maiestie wherein your Clergie was affraid to vtter their foolishnes in defending their superstition least they had taken more shame in answering theÌ„ they did in holding their peace I thinke the Vniversities with so manie places of the Realm receiving religion these other disputing for it may be counted to bee some part of the Clergie of the Realme And so it was not receyued without consent of the Clergie But these were not of the Parleament What then But as Ioash Iosaphat Ezekias and Iosias did not make a new religion but restored that which was defaced had long lien buried so our Parleament did not set forth a new religion but restore that which was godlie begane vnder the good King Edward confirmed by the Parleament and Clergie then c. But nothing can be concluded as a lawe by Parleament say they without consent of the Clergie there present But this havinge not their consent can not be counted a law as they thinke I had rather saith Maister Pilkington leaue this to bee aunswered by the Lawiers then otherwise Yet that the world may see that some thing may be saide in it we graunt him not this to be true that no law at all can be made without consent of Bishoppes Looke your old statutes of Parleament when Bb. were highest afore Edward the third and yee shall reade that they passed by the consent of the Lords temporall and commons without any mencion of the Lords spirituall which statutes many of them stand in strenght at this day Then it may well be gathered that the consent of the Clergy was not alwayes so necessarie as they thinke it The Lawyers Iudges and Iusticeâ—s put in practise execute these lawes therfore their doinges may bee a sufficient reason to lead the vnlearned what opinion they haue of these statutes For Religion except Iustice Raftall first executing that and afterward runing away may condemne the rest which I trust he may not I thinke they would not execute them except they had the strength and nature of lawes If they doe contrarie to their knowledge and opinion they can not bee able to answere their doings but I thinke no wise men are of this opinion Only these corner creepers that dare not shew their face and would deceyue the people goe about to deface all good godly order that displeases them In the dayes of King Edward they had the like fonde opinion that the Kinge could not make lawes in his minoritie vntill he came vnto full age and to make the people to disobey their Prince Hetherto Maister Pilkington Lorde Bishop of Duresme with whom the most worthy learned Maister Iewell late Bishop of Salisburie M. Iewel B. of Salisbury agreeth in every point The wise and learned saith he could haue told you that in the Parleaments of England matters haue evermore vsed to passe not of necessitie by the speciall consent of the Archbishops Bishops as if without them no statute might lawfully be enacted but onely by the more part of voyces yea although the Archb. Bishops were neuer so earnestly bent against it And statutes so passing in Parleaments onely by the voyces of the Lords temporall without the consent and agreement of the Lordes spirituall haue nevertheles bin alwayes coÌ„firmed and ratified by the Royall assent of the Prince and haue bene enacted and published vnder the names of the Lordes spirituall and temporall Read saith he the statutes of K Edward the first there shall ye find that in a ParliameÌ„t holden at St Edmondsbury the Archbishops Bishops were quite shut foorth and yet the Parleament held on and good and profitable lawes were there enacted the departing or absence or malice of the Bishops spirituall notwithstanding In the recordes thereof it is written thus Habito Rex cum suis Baronibus Parliamento Clero excluso statutum est The King keeping a Parleament with his Barons the Clergie that is to say the Archbishops and Bishops beeing shut foorth it was enacted c. In provisione de matrona in the time of King Edward the third whereas matter was moved of bastardy touching the legitimation of bastards borne before mariage the statute passed wholy with
the Lordes temporall whether the Lordes spirituall would or no. And that contrary to the expresse decrees canons of the church of Rome And thus much the most reverend and godly Father Maister Iewell Bishop of Salisbury wherefore to conclude this point against the Admonitors position I dispute thus All those persons who by any necessity are none of the three estates and by whose authorities the statutes of England to this day haue not stood to leaue out the same persons may happely seeme a matter of lesse weyght then all men doe iudge it But the Archb and Bb. are such persons as by necessitie are none of the three estates and by whose consents the statutes of Englande to this day haue not stood Therefore to leaue out the Archb and Bb. may happely seeme a matter of lesse weight then all men doe iudge it If our Evangelicall Bishops be of that opinion of which the Popish Bishops were viz that the house of Parleament is an vnfit an vnmeete place to haue the holie cause of the religion of God debated and concluded vpon and that the Layitie without the Clergie ought not to conclude any thinge in religion that in respect hereof their presences their voyces and their assents are necessarie in the Parleament If our Evangelicall Prelates I say make this obiection then besides that hereby they vnseemely vnmannerly vnchristianly accuse the whole land of ignorance and blindnes in religion supposing neither King nor Nobles nor Commons to be able to discerne betwene night and day besides this I say so shamefull an abuse of a whole Christian nation I would pray them to remember what the most reuerend Fathers Maister Pilkington Maister Iewell haue aunswered to such cavillous slaunders For what els intended they by many examples proofes brought for the Parleamentes of England consisting of the King the Nobles and the Commons to be lawfull Parleaments and to haue right to establish religion but to iustifie against Popish scoffers that religion might be receyued established in Parleament notwithstandinge the absence or exclusion of the Clergie Besides since our lawes do vphold the state authoritie of the Convocation Matters of religion not concluded in Parleament before the same bee consulted of in conuocation house for the examination of all causes of Religion surely it can not be truely averred that it is necessarie for Evangelicall Bishops to be members of the Parleament house least controversie of religion should be handled and discussed without them For how should any matter of religion bee concluded without them in Parleament when first of all the same is to be argued among them selves in convocation or let them hardely if they can shew any one instance of any change or alteratiō either from religion to superstition or from superstitiō to religion to haue bin made in Parleament vnlesse the same freely at large haue bene first agreed vppon in their Synodes and Convocations And what booteth it then to haue a double or treble consultation and consent of Archbishops Bishops in Parleament Is the holy cause of God any whit bettered by their Bishops riding from Paules to Westminster Or can it receiue any more strength by their walking from Westminster Church to Westminster Pallace Nay it hath bene oftentimes so farr from being promoted by their Bishops as not onelie in their convocations but also in the Queenes Parleaments the same hath ben shamefully intreated and taken the foile as may witnesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament was notwithstanding gainesaid withstood by none so much as by certayne Evangelicall Bishops which as there all men generallie conceaved was onlie stayed from being made a law by the Queene vpon their counsell and perswasion Admonition It hath bene alwayes dangerous to pick quarels against lawes setled Pag. 78. Assertion And is it not morbus hereditarius in Steuen Gardeners argument and the Admonitors argumēt in effect one Prelates to picke quarrels against reformation of errours For even this did Steven Gardener reason against the Lord Protector That in no case sayth Steuen Gardener is to bee attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein King Henry left it may bee and is like to bee dangerous to the Lord protector to breed troubles to the whole Realme Therefore innouation of Religion from the state that King Henry left it is in no wise to be attempted And even of this stāpe of this streyne is the argument of picking quarrelles against lawes settled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the Kinge Parleament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may bee dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to bee brought into the Church by the King Parleament But forasmuch as that noble and religious Lord Protector notwithstanding Steven Gardiners sophistrie continued constant and couragious in the abolishment of Poperie and superstition which King Henrie left did without dangerous alterations of lawes then settled innovate religion How much more now may the Kings Maiestie the Lesse dāger to reforme the Church by newe lawes then to continue corruptiō by old lawes Lords and Commons in Parleament attempt with effect an innovation of that state of Ecclesiasticall goverment wherin the Queene left the Church And if it can not be denied but it had bene farre more daungerous for the Realme and for the Lord protector not to haue setled the holy doctrine of the everlasting Gospel by new lawes then to haue mainteyned and continued antichristianitie by old lawes how should it bee lesse danger for the King in these dayes to continue corruptions in the Church by tolleration of old lawes then to haue the same corruptions reformed by establishment of new lawes But vnto whō or vnto what hath it bene daungerous to picke quarrelles against lawes setled What Hath it bene dangerous to lawes setled No. For how should lawes setled be indangered by quarelers sithence quarellers are euermore in daunger of lawes settled Or hath it bene alwayes dangerous for a King for a State for a people or for a Countrey to picke quarelles against lawes setled No. For what man is he or what face carieth he that dare vpbrayde a Countrey a people a State or a King minding to vnsetle evil lawes euill customes to be quarelers against lawes setled Let it then onlie be daungerous for private persons vpon private malecontentment to picke quarelles against good lawes wel rightly setled and let it not be hurtfull or dangerous for supreame Kings powers and Principalities by publicke edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled
subversion vpō any nation that purely and soundly in place therof hath embraced the holy Sacrament of the Lords Supper It seemeth also to be equal for many ages past that the Bishop of Rome might haue supreame and absolute power over all persons states and causes not only in Rome Italy Spaigne Germany other forraigne Kingdoms but also in England and Scotland But as yet to the view of al the world it hath not proved perilous for the King Queen of England and Scotland to establish new lawes for the alteration of that ancient abuse And why hath it not bene dangerous so to do Why forsooth because there was evident vtilitie in doing of it But how could an evident vtilitie appeare before it was done How Forsooth because the holy law of God had warranted an alteration For faith having eyes to see the wisedom the power and the trueth of God in his word discerned a far of that the institution of the Lords Supper was long before the sacrifice of the masse And therefore our Kings by abandoning popery out of the Realme did not institute any new religion but onely they restored the old Now then if the same holy lawe of God doe condemne the choyce and thrusting of a Pastour vpon the people by one man alone and againe if the same lawe doe impugne the primacie of one Pastour over all Pastours as wel in a Diocesse or Province as in the whole West part of Christendome what daunger can it be not to disfrāchise the one sithence without any maner of danger we haue abolished the other or what perill can it be not to countenance the sonnes sithence without peril we haue discountenanced the father Especially seeing in this place of the admonition we haue a playne cōfession that the common maner of election of Pastors Elders and Deacons in the old Churches was made by the people For if the examples of schisme discord Common manner of elections in the olde churches was by the people contention did commonly appeare in the olde churches while that maner of election did continue then by his owne mouth that maner of election was common and did continue in the olde churches Besides this inconvenience saith he caused Princes Bishops so much to entermedle in this matter From whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermedle with that matter at all For had it bin simply lawful for thē to haue Bb. medle not with election of Pastours by the holie Scriptures dealt in those causes by the worde of God thē as well before schisme discord and dissention as afterward yea rather much more before then afterward For then by their own right might Princes and Bishops haue prevented all occasion of schisme and contention and haue so preserved the Church that no tumult or disorder should once haue bin raysed or begun therein Againe if by the lawe of God Princes Bishops had medled in these matters and had not entermedled by humane devise then lawfully by their authoritie alone might they haue chosen Pastours Elders and Deacons in the olde Churches which thing in this place by necessarie inference he denieth For schisme saith he caused thē to entermedle So as by his confession they were but entermedlers and entercommoners by reason of schisme not cōmoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more entercommoners with Princes and with the people they are no more entermedlers as in olde times they were but they haue now so farre encroched vpon the prerogatiues of the Prince and privileges of the people that neither Prince Bishops encroch vpon the right of prince and people nor people haue any commons in the election of Pastours Elders Deacons with them at all Besides if schisme and contention among the people were the reason why Bishops first entermedled in the choise of Pastours we now having no schisme nor contention about the choise of Pastours by the people and so the cause ceasing why should not the effect likewise cease But this effect is therefore still to be continued because otherwise the cause would a new sprout out and spring vp againe Nay rather inasmuch as for these many yeares we haue had schisme discord dissention because the Bishops wholy and altogether haue medled in the choise of Pastours and haue thrust vpon the people whatsoever Pastours please not the people but pleased themselves haue not suffered the people to medle no not so much as once to entermedle in these matters in as much I say as these things be so it seemeth most expediēt requisite necessarie for the appeasing pacifying of this discord the taking away of this schisme to haue that maner of election which was in the old Churches restored to the people and this wherein the Bishops haue entermedled without authoritie from the worde to be abolished that so againe the cause of schisme and strife which is now among vs ceasing the effect might likewise cease After I had ended this tract in this maner touching this poynt there came into mine handes a booke intituled The perpetuall gouernment of Christes church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz to whom the election of Bishoppes and Presbiters doth rightlie belong and whether by Gods lawe the people must elect their Pastours or no. In whiche Chapter also the matter of schisme strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth two fold First cōcerning Bishops then concerning Pastours The quarell taken against Bishoppes doth not so much touch sayth he the office and functions of Bishoppes as it doth the Princes prerogatiue When you rather thinke the Prince may not name her Bishoppes without the consent and election of the people you impugne nor vs but directlie call the Princes fact and her lawes in question As touching this poynt of the proposition because the people by any lawe or custome never chalenged anie right or interest in the choyse of the Kings Bishoppes we haue nothing to medle or to make about the choyse of any of his Kinglie Bishoppes The Kinge only hath power without the people to nominate his Kingly Bb. Nay we confesse as his Highnes progenitours Kings of England haue bin the Soveraigne Donours Founders Lords and Avowes of all the Bishoprickes in England without ayd of the people that so likewise it is a right and interest invested into his Imperiall Crowne that he onely his heyres successours without cōsent of the people ought to haue the free nomination appointment collation investiture and confirmation of all Bishoppes frō time to time to be placed in anie of those Bishoprickes yea we say further that the King alone hath not power onely to nominate collate confirme but also to
became followers of the evill maners of their teachers and no merveile if they verified the proverbe Like Maister like Man like Priest like People Eustatius Bishop of Antioch being a Sabellian hereticke Socr. lib. cap â—8 was deposed by the Counsell of Antioch after whose deposition a fiery flame of seditioÌ„ was kindled in Antioch because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius Bishop of Nicomedia and Theognis Bishop of Nice beeing both Arians with their coÌ„federates raised skirmishes Socr. lib. 2. cap. 2. and tumults against Athanasius After the death of Alexander Bishop op Constantinople about the electioÌ„ of a Bishop there was greater sturre then ever before time and the Church was more greevously turmoyled The people were devided into two parts the one egerlie set with the heresie of Arius claue to Macedonius the other cleaved very coÌ„stantlie Socr. lib. 2 cap. 4. to the decrees of the Nicene Counsell and choose Paulus to bee their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was Socr. lib. 2. cap. 6 charged with the studie of the Mathematickes and accused of the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their Bishop the Arians chose Macedonius The authours and chiefe doers in that sturre were certaine Arian Bishops who before ayded Eusebius that turned vp Socr. lib. cap. 9. side down the whole state of the church These and sundry such like sturres discords factions dissentions are found to haue bin raised pursued by schismaticall and heretical Bishops their favourites followers in the olde Churches but that these or the like mischieves and inconveniences can be proved to haue fallen out by the election of parochiall Pastours in the olde churches we deny And why then should not the interest and freedome of faithfull Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreate the Lords Bishops that against the grounds of reason and nature against Christian equitie A request to the reuerend Bishoppes and society against the right freedome of the lawe of God against the principles of humaine fellowshippes against that which was in the beginning and against that which the Apostles left in the Churches by colour of lawes brought into the Church by the cursings and fightings of the late Romane Bishops they would not hencefoorth barre seclude the Kings Christian and faithfull people from giving their consents vnto their Pastours Yea and we further beseech their Lordships that as schollers vnto the Apostles and as servants vnto the olde way of reason of nature of the law of God of the equitie of Christ and of humane societie they would hereafter imbrace that way which was from the beginning which is the old way and the best way and not any loÌ„ger persist in a cursed and quareling way which is the new way and the worst way But if the Lordes spirituall A supplication to bee King by the Lords and commoÌ„s for the restitution of their right in the choyse of their Pastors of their owne accord shall not readily voutchsafe to yeelde vnto vs this our right at our intreaty then for my part I will briefly shew mine opinion what were expedient for the Lords and commons in open Parleament dutifully to pray and to supplicate at the Kings Maiestes hande Namely At the humble petitions and supplications of all his Lords temporall and Commons in Parleament assembled his Maiestie would be well pleased to giue his Royall assent to an Act to be intituled An Act for the restitution of the auncient right and freedome which the people of God in the old Churches had and which the people in England ought to haue in to or about the election of their Pastours and abolishing all papall power repugnant to the same For if as it is plainlie confessed the people of all Churches haue right and freedome by the law of God by the equitie of Christ by the grounds of reason and nature by the principles of humane fellowshipps and by that which was from the beginning to elect their Pastours and if also the same right and freedome being left to the old churches and especially to the Church at Ierusalem by the Apostles haue bene taken away by the cursings and fightings of the late Bishoppes of Rome then can not the people without violatioÌ„ of those lawes rules grouÌ„ds by any Episcopall power bee anie more excluded from their said right and freedome then could or might the ancient iurisdiction of the Crowne of England haue bene still vsurped by the Pope froÌ„ the Kings of Englande Admonition But alas the common people of Englande thorough affection and want of right iudgement are more easily wrought by ambitious persons to giue their consent to vnworthie men as may appeare in all those offices of gayne or dignity that at this daye remayne in the choyse of the multitude Assertion The Admonitor in one place of his admonition telleth vs that he must not put all that he thinketh in writing and yet he writeth in this place that thinge which might farre better haue bene vtterly vnthought then once written For could he thinke to winne the common people of England to a continuall good liking of high and stately Prelacie by vpbrayding and charging them to their faces in a booke dedicated vnto them with affection and wantinge of right iugement Was this the way to procure grace favour and benevolence at their handes And albeit this slaunder deserued rather to haue bene censured by the Commons in Parleament then by confutation to haue bene answered yet for the better clearing of the right iudgement of the common people givinge their consents to most worthie men in all offices of gayne or dignitie remayning in their handes I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincolne Bristow Exceter Norwich Coventry and other principall Cities and Townes corporate Mayors Sheriffes Stewardes Recorders Baylifes ChaÌ„berlaynes Bridge-maisters Clerks Swordbearers Knightes Burgeses and such like offices some of dignitie and some of gayne but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is vtterlie vntrue for onely accordinge to their auncient customes priviledges and Charters by the chiefe Citizens Townsmen and Borough-maisters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Mayor In other Cities and Townes sometimes eight and fortie sometimes fourteene sometimes twelfe sometimes only such as haue born office as Mayors Sherifes or Baylifes in the same places
nominate and elect their new Mayor Sherifes and Baylifes But that the Aldermen principall Townsmen Boroughmaisters and men having borne chief offices in those Cities Townes Boroughes haue easilie bene wrought by ambitious persons to giue their consents vnto vnworthie men though it haue pleased the Ll. Bb. with seene and allowed to haue spred and published this saying yet that the same saying is wholy vnworthie of anie credite to be giuen vnto it or to bee regarded of any wise and indifferent man let the sober peaceable elections made of the worthies of the lande hereafter mencioned be witnesses And to leaue to speake of the election of the Lord The officers in Cities Townes corporate chosen without contentioÌ„ ambitious working of vnworthy men Mayor of the Citie of London Sherifes Aldermen Wardens of companies ChaÌ„berlaynes Bridge-maisters and other annuall officers of honor and dignitie let vs consider whether the Citizens of London haue bene wrought by ambitious persons to choose Maister Wilbraham Maister Onslie Mr Bromly to bee their Recorders all three afterwarde the Queenes sollicitors and Maister Bromly Lord Chancelour of Englande and let vs consider whether the same Citizens as men of affection and want of â—ight iudgement did elect to be Recorders of the same Citie Mai. Serieant Fleetwood Maister Serieant Fleming Maister Serieant Drue and now Maister Crooke a maÌ„ wise learned and religious a CouÌ„seler and Iusticer within the Principalitie of Wales The Recorder of the Towne of Bedford is the right honorable the lord St Iohns of Bletsoe The Recorder of Bristoll was a long time Maister Poppam now Lord chief Iustice of England The Recorder of Northampton before he came to be Iudge in the Kings bench was Maister Serieant Yelverton a favourer of the trueth an vpright Iusticer The Recorder of Warwicke was Maister Serieant Puckering afterward Lord Keeper of the great seale And of the same Towne the Recorder now is a worthie Knight descended from a noble house Sir Foulke Grevile The Recorder of CoveÌ„trie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was Mai. Serieant Lewkner now chief Iustice in the principalitie of Wales The Recorder of Norwich was Maister Cooke the Kings Atturney generall And who soeuer shall enquire after the names after the maner of election of all the Recorders in all other Cities Boroughes of the land I doubt not but he shall find them all to haue bene farre froÌ„ any least shew of ambitious working the Citiezens and Townsmen to nominate and elect theÌ„ Moreover as these Noble persons these sage graue learned and christian Gentlemen quietlie and in all peaceable manner with vpright and good affectioÌ„ and iudgement without ambitioÌ„ haue bene chosen by the Citizens Townsmen Borough-masters to the offices of Recordershippes So likewise manie sundrie honorable CouÌ„selors Honorable Counselors chosen high stewardes without ambitious working haue bene and as occasion is ministred are daily elected by Citizens Townsmen to be their high Stewards Sir FraÌ„cis Knolles an honorable Counsailour one whose faith was famous among the churches as well abroad as at home by the electioÌ„ of the Citizens of Oxford remayned vntill he died high Stewarde of the Citie of Oxford The right honorable Sir Francis Walsingam by the coÌ„mon Counsayle of Ipswich was made high Steward of the same Towne after whose decease the same coÌ„mon couÌ„sell by their electioÌ„ surrogated into the same place the right honorable the L. Hunsdon late L. Chamberlaine the right honorable Sir Christopher HattoÌ„ L. Chancelour of Englande by the Townsmen of CaÌ„bridg was chosen to be high steward for the town of CaÌ„bridge The right honorable the old Earle of Arundell after him the right honorable Earle of Lincolne and after his death the right honorable the Lord High Admirall of England now Earle of Notingham by the Borough-maisters of the Towne of Gildforde was elected to be high steward of the Towne of Gildeford Of all which honorable persons and of all other their Peeres chosen in other places of the Kingdome by the same meanes to the like offices there is great reason iust cause for the reverend Bb. to cary a more reverend estimation towards theÌ„ then to burthen them as ambitious persons to haue sought their places at the hands of men affected wanting right iudgment As for any other offices of credite dignitie charge and gouerment in the common weale now remayning in the choyse of the commons it may easilie be proved that the common people in sundrie places haue bent and opposed theÌ„ selues against ambitious persons who by sinister indirect meanes haue hunted for preferrement at their handes And what if it can not be gayne-said but that some publicke officers chosen by publicke applause of the people haue corruptly behaued themselues in their charges and haue not so equally and indifferently distributed iustice to all degrees as it became them yet this their misdemeanor can no more iustly be laid as a fault nor any more disgrace or discountenance the ancient and commendable forme and manner of election then the hipocrisie or counterfeyt zeale of an euill man ordeyned by the Bishop to be a Minister can be imputed vnto his letters of orders or manner of ordination Besides if none bee able to proue that the choyse of the Knights Knights of the Shires other officers chosen by the people without trouble to the state of our Shires Coroners of the Counties Verderers of the Kings forrests resting in the free voices and consents of the freeholders that the nomination of the high Constables being in the disposition of the Iustices of peace at their quarter sessions that the choyse of our peti-Conestables third Boroughes Tything men Church wardens Wardens for the high wayes overseers for the poore side men such like remayning altogether in the free election of the sutors to courts leets and law dayes and of the inhabitants Parishioners of every Village Hamlet or Tything haue bene troublesome to the Lievetenants of the Shires to the Stewards of our Courts to the Lords of our liberties nor to the Ordinaries of the Diocesses If I say there be not any one man able to bring foorth some few persons for many yeres passed by whom the Officers and Magistrates of the Queenes peace haue bene sued vnto and importuned for the pacification of any strife contention or debate of any busy head or ambitious person raysed among the people about the choise of any one of these Officers then I say it is meete and it importeth the Lords Bishops very deepely that for ever hereafter they bee silent and never any more vtter so vile a slander against so Noble a people as are the people of England viz. that vpon affection and want of right iudgment they will easily be led by ambitious persons to preferre vnworthy persons vnto all Offices of gayne or dignitie Or that
The practise and pollicie then nowe in vse is after this and this manner The Bishoppe oftentimes at his pleasure beside the lawe nay rather against the expresse letter of the law and publike Canons of the Church not onely ordeyneth Ministers alone without assistantes of such number of Ministers as is required but he also ordeyneth them for the most part when there is no place of ministration Inconveniences of Bishoplie ordination are these pestering of the churches with vnlearned Ministers Vnlawfull gaine for letters of orders the breach of many good lawes voyde Now the budds which to the grief of many godly men and to the obloquie of the Professors of the gospell haue sprong from this manner of ordination haue bene these viz The publique breach of many good lawes the pestering of the Church with multitudes of vnable Ministers togither with much vnlawfull gaine by immeasurable exaction of money for letters of orders For it can not bee denied but the Bishopes Secretarie Gentl. -vsher grome of his chamber Butler Pantler Porter and other the Bb. menialls besides his owne his Registers fees his Clerke for expedition doe vsuallie all or most of them chalenge receyue fees some more some lesse before the poore Minister with his box of orders can be suffered to passe by the Porters lodge these are the fruites of the Bb. sole ordination The suites which haue growen daylie doe growe by the Patrones presentation Suites betwene the Patrone the Bishop to the Bb. haue bin and are these Sometime contention suite in law betwene the Patron and Bishopp for disallowing the Patrones Clerke for non abilitie or as being criminous Sometime if two Patrones pretend right of patronage if one of their Clerkes be instituted the other reiected as necessarilie it must Suites betwene Clerk and Clerke come to passe for one wyfe can haue but one husbande then followeth suite at lawe betweene the Clerke refused and the Clerke admitted wherein also the B. is made a partie by a writ of quare impedit Suites betwene the Bishop and the Clerke sometime suite falleth out betweene the Clerke presented and the Bb. when the Clerke calleth the Bb. by a double quarrel before the Archb. for not grauÌ„ting institution and sometime also likewise debate is moved law attempted betweene the Clerke instituted and the Suites betwene the Clerke and Archdeacon Archdeacon who knowing the church not to be vacant refuseth to execute the Bb. inductorie mandat For many times vpon pretence that the Church standeth voyd being in deed ful the Patron vpoÌ„ suggestion graunteth a presentation and the Bb. also institution whiche if the Archdeacon refuse to execute then besides the discord betweene the Bb. the Archdeacon for coÌ„tempt of the Bishops mandat he who pretendeth title by vacancie Suites betwene the Bishop and the Archdeacon thinking to haue right though a reall incombent be in possession bringeth their two titles to be tried in the ecclesiasticall Court but before the matter caÌ„ be finallie senteÌ„ced by that Court many foule riotts breaches of the Kings peace vnlawfull assemblies vpon entries Riots and breaches of the Kinges Peace and keeping possessions doe ensue as was wel inough latelie knowen in the case betweene Rogers and Baker for the title to the Parsonage of Barby in the Countie of Northampton Howbeit let it bee supposed that none of these variances in law fal out betwene the Bb. and the Patron betwene the Bb. and the Clerke betweene the B. and the Archd. betwene the Clerk the Archd. and betweene Clerke Clerke the exaction notwithstandinge of vnlawfull gaine for fees of letters of institution fees vsuallie payable to the Bb. his Officers as aforesaid for fees of the Archd. induction his Register his Clerk his Apparators fees the vnconscionable exactioÌ„ Vnlawfull fees for letters of institution c. I saye of these vnreasonable fees may seeme to be a conscionable motiue to cause better things theÌ„ these without daunger to be attempted innovated And yet these are uot all the bad eventes that happen and fall out vpon the presentation institution and inductioÌ„ now vsed But by the interest wherby the Bb. challengeth to be custos Ecclesiarum there happen as badd if not worse then these For there is no sooner a Church voyd but a post is sent in all haste with Vnlawfull fees for letters of sequestration letters of sequestration to sequester the fruites to the vse of the next incumbent Which next incuÌ„bent for the great care taken to preserve the fruites to his vse before he can obteyne to be put in reall possession must pay x. shill or a marke or more for those letters of sequestration with as much more also for letters so called of relaxation besides ij peÌ„ce iij. pen. or iiij peÌ„ce a mile for portage to the Somner And from hence is the Patrone as I take it verie much iniuried For he being as it appeareth by the statut of 25. of King E. 3. Lord Avower of the benefice ought to haue the custodie and possession thereof during the vacancie Besides many times wilfull periuries are committed by the Clerke and Periurie by the Clerke and robberie by the Patrone manie times sacrilegious robberies are perpetrated by the Patrone The Clerke when he sweareth that neither directly nor indirectly any compact promise bande or agreement hath bin made or passed by him for him or in his name to the Patron many times for sweareth him selfe And if the Clerke be presented to a Vicarage then the Bishop if hee Every Vicar sweareth or ought to sweare to be resident be faithfull to the law sweareth him to bee resident vppon the same Church Which oath notwithstanding is afterwards broken when as the same Vicar accepting an other benefice and retaining withall the former by purchase of a dispensation betaketh him selfe to be resident vpon his second benefice and so by nonresidence from his first Vicarage committeth periurie Touching the Patrons robbery thus it is and thus Patrones robberie many times hath it fallen out The Patron when at the handes of two three or moe such periured Clerkes he hath time out of minde possessed the mansion house or gleebe-lande of the Parsonage finally in time spoiled the Church both of the house and glebe-lande the glebe-land being often intermingled with his own inclosed grouÌ„ds he possesseth theÌ„ as his own inheritance and in steed of the Parsonage house eyther he buildeth an other new or ells hireth some cottage or farm-house for the Parson and his successors to inhabite in These abuses we see are many and yet besides these coÌ„tinuing at this day in the goverment established there remayneth Chopping of benefices despensations c. others as foule as grosse as any of the rest which is the too too inordinate and licentious chopping and chaunging of churches from Minister to Minister for dispensations coÌ„mendâ—mes
the time prefixed hee should nominate at one time two Clerks to bee taken out of the Vniversities or other Schooles and Nurseries or of the Prophets that the same nomination be made vnto the Bishop and the said six Ministers to the ende that both the Clerkes being tried and examined by them the abler of the twoo might bee preferred to that charge And of this maner of presenting two Clerkes by the Patrone we haue a president not much vnlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to haue a Suffragane hath libertie to name and present vnto the Kinge two honest and discrete spirituall persons c. that the King may giue to one such of the saide two spirituall persons as shall please his Maiestie the tytle name stile and dignitie of a Suffragane Fourthly the Bb. and Presbiters hauing thus vpon triall and examination A minister found able for gifts is to be sent to the parish that his life may be examined and to haue the cōsent of the people founde one of the Patrones Clercks to be a fitt and able man to take vpon him the execution of the ministery in that Church whether it were not then meet convenient that by them hee should forthwith bee sent to the same Church aswell to acquaint the people with their iudgement and approbation of his gifts and abilitie to teach as also that for a time he should cōuerse abide amōgst them to the end his life manners and behauiour might bee seene into enquired after by their careful indeuours Fiftlie the people within a time to be perfixed not making and prouing before the Magistrate any iust exception against his life manners and conversations whether it were not then meete and conuenient that the Bishop with six other Ministers or moe of the same Deanrie authorized by the Kinge as aforesaid A man allowed for giftes and cōuersation is to bee ordeined with prayer fasting laying on of hands vnder some payne and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of handes to ordeyne and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these thinges being thus finished whether it were not then meete A Minister to be inducted into the Church by the Kinges writt convenient that the Bishoppes with the other Ministers and some of the chief of the people should giue the partie ordeyned a testimoniall vnder their handes or vnder some authenticall seale to certifie the Kings officer of the execution of his writt and that the Patron also should present the same person to the Kings officer humbly praying the same officer by authoritie to be derived from the King to cause him by some other writt to bee confirmed and really inducted into the possession of the same Church and into the mansion-house glebe-land and other profites Ecclesiasticall to the same apperteyning Oh! but this were a strange kinde of innovation and a dangerous attempt to To execute the premises no daungerous attēpt alter lawes setled especiallie in a setled estate of the Church Well well let my Lordes of the Clergie sing this song and pipe this melodie at their pleasure How be it for asmuch as this platforme in some parte thereof hath alreadie bene agreed vpon by divers Committees in Parleament in other some part thereof by lawes alreadie setled ought to haue bin practised and that in other some part thereof is an advancement of the Kings authoritie which last part also is lively pourtraicted out vnto vs by presidents from the Archbishop and Bishop them selues we shall through the grace of God and favour of the King be able well inough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made vnto the King Petition and intimatiō to the King agreable to laws setled that his H. would be pleased to cōmand every Minister to be presented by the patrone ordeyned by the Bb. Ministers and elected by the people and that the King being certified by them of the execution of his writt should vpon their testimoniall by another publike writt cause the Clerke ordeyned to be confirmed admitted and inducted to the real possession of the temporalities of the benefice This manner I say of intimation petition testimoniall admittance in substance and effect differeth but little from the forme of the petition nomination 25. H. 8. c. election investiture confirmation and consecration of the Arch-Bb and Bb. of this Realme For when soever the Church of Canterburie Winton or other Bishoppes sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same sea intimate vnto the King their want of a B. doth not the same Dean and Chapiter humbly supplicate his Maiesties favour and licence to elect an other And doth not the King vpon their supplicatiō by letters patents vnder his great Seale favourably grant their petition willing them vt talem eligant in Episcopum Pastorem qui Deo devotus Ecclesiae suae necessarius nobisque regno nostro vtilis fidelis existat And with the same letters patentes doth not the King sende a letter missiue conteyning the name and commendation of the person to bee elected After the election finished doth not the Deane and Chapiter intimat the same also vnto the King and humbly agayne pray the King to yeeld his Royall assent to the lord elected Wherevppon doth not the King againe direct his letters patentes of warrant to the Archb. or some other whō the King shall appoint to performe all things whiche accustomably are to bee done apperteyning to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and cōfirmation being finished and the Bb. hauing done his homage sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore vnto him the temporalities of the same Bishopricke Yea and may not the Bishoppe also if it please him procure another writt out of the Chancery directed to his tenantes commaunding them to atturne and to take him for their Lord Now thē in this platform wherof mentiō hath bin made touching the placing of a parochiall Pastour any parochiall church with cure of soules being voyd when it is craved that the people of the same parish might intimate their want vnto the Kings officer and that the same officer might command the Patron to present the Ministers to ordeyn and the people according to the Kings lawes to assent vnto and approve the Clerk what other intent or meaning haue wee then that the King hath as ample and as lawfull The Kinge hath as large a power to command a Minister to be elected ordeined as a Bishop to be chosen consecrated a power to
the presentation to haue bin first made vpon corrupt respect and consideration And that therefore the Clerke ipso facto to loose the benefice and the Patrone ipso facto to forfeyte his right of patronage to the King for the two next turnes following And these being the principall reasons and groundes of our desires we are humbly to pray the Lordes spirituall either to convince them of indignitie insufficiencie and incongruitie or else to ioyne with vs vnto the Kinges Maiestie for the restitution of that maner of governement which they themselues confesse to haue bene practised at the beginning by the Apostles primitiue Church but the Admonitor hath yet moe reasons vnanswered against this platforme Admonition That euerie Parish in Englande may haue a learned discrete Minister howsoeuer they dreame of perfection no man is able in these days to deuise how to bring it to passe and especially when by this change of the Clergy the great rewards of learning shall bee taken away and men therby discouraged to bring vpp their children in the study of good letters Assertion In some part to iustifie this opinion I graunt that no man is able in these dayes to devise to bring it to passe that every Parish should haue a learned and discrete Minister And why because in these dayes not any one Bishop hath afforded to ordeyne one learned and discrete Minister for fiue Parishes secondlie because where some of the reverend Fathers haue ordayned and placed in many Parishes many learned and discrete Ministers some others of the same Fathers haue againe disgraded and displaced those learned and discrete Ministers in their romes haue placed manie vnlearned and vndiscreet Ministers Now then if these dayes wherein so few learned discrete Ministers so many vnlearned vndiscreet Ministers be ordeyned wherin also so many learned discreet Ministers are disgraced so many vndiscreet vnlearned Ministers graced If these daies I say were ended then albeit no perfection whereof never any one of vs dreamed could bee atteyned vnto and albeit no one man were able to devise how to bring it to passe that every Parish should haue a learned Minister Yet nevertheles all good and holy meanes being vsed to ayme and to shoote after perfection all good and holy men laying to their heads and applying their hearts to further this enterprise and service vnto God wee knowe that the Lord might call and make and fill with the Spirit of God in wisedome and in vnderstanding and in knowlege and in spirituall work-manship many Bezaliels and many Aholiabs spirituallie to karue graue and imbroyder the Lords spirituall Temple The perfection therefore after which we long and the change of the Clergie whereof we intreate is but such a perfection and such a change as good meanes for the restitution of impropriations beeing vsed may easily bee atteyned and well made What perfection of a Minister is required by this platforme For the perfection required by vs to be in a Minister is none other then such as the holy law of God and the lawes canons and iniunctions already setled doe require viz. that every Minister to whō cure of soules is committed with some competent knowlege according to the measure of the grace of the gift of Christ be able to teach to exhort and to reproue the people yea and to convince the gainesayers if any should arise among them From whence also springeth the change intended by vs. viz. that in the Churches of all Ministers vnable to teach c. There might bee a change of Ministers able to teach c. Wherefore if the Admonitour ment otherwise then wee intend and if vppon placing a learned and discrete Minister in every Parish hee should not intende the change of an vnlearned and vndiscreet Clergie but a change of the high and Papall state of Prelacie then either is not his aunswere pertinent to the question or else it must necessarily follow from his intendemēt that the high and Papall state of Prelacie and the placing of a learned and Prelacy a learned Ministery can not stād together discrete Minister in every Parish are like vnto Coleworts planted among Vines or vnto Parsly sowed among Bishoppes Weede which will never spring grow and prosper together Because the rising of such a learned Ministerie must be the fall ruine and break necke of Prelacy And this followeth inevitable vpon his owne reason drawen from the taking away of the great rewardes of learning by the change of the Clergie For the great rewardes of learninge whereof he speaketh must of necessitie be the Prelacies viz. Archbishoprickes Bishopricks Deanries Archdeaconries Prebendaries Canonries Chanterships Commendames non Residencies and Pluralities And then lett vs obserue whether in effect hee hath not reasoned thus If Prelacies beeing the great rewardes of learning should not stand not be changed there is no man able to devise how a learned and discreet Minister may be placed in euery parish but if Prelacies the great rewardes of learning may once be chāged not stand then were it possible to haue it deuised that a learned and discreete Minister might bee placed in euery parishe And then hath he not profoundlie and learnedlie disputed when he hath preferred the Damsell before her Dame and the mayd before her Mistris When he hath aduaunced a great deale of learninge in one before a great deale of learninge in many and learning in some places before learning in all places lastlie when by continuance and furtherance of the great rewards of learning he hath greatlie hindered discōtinued learnednes and greatly furthered and cōtinued vnlearnednes For if Prelacies were no hinderances but only furtherances of discreet and learned Ministers and agayne if Prelacies were no furtherances but onlie hinderances of vnlearned vndiscreet ministers to be had in every parish then might the great rewardes of learning still remayne and men should not be discouraged to send their sonnes to the studie of good learning For generallie mē be not so much incouraged to set their sonnes to learninge where a few great rewardes of learning are provided for a few men greatly learned as where many good rewardes of learning are provided for many good learned mē are more encouraged to learning where many good rewardes then where fewe great rewards are provided men And to speake as experience teacheth vs and as the trueth is what one father among twentie will dedicate his sonne to learning if men as the case now stādeth vnder Prelacie not broght vp at the feete of Gamaliel but at the feete of some swashbuckler not taught from any Doctors chayre but schooled vpon some craftes man stoole when mē who can but read and can not preache may be Ministers capable of the fattest benefice within a whole Countie In the common weale if there be manie places of honor profite dignitie for such onlie as haue valiantly served the King in his warres or
paynefullie attended vpon him in the Court then will many fathers incite and encourage their sonnes to prepare and furnish them selues to the warres and to the Court But if all mens sonnes in the campe and in the court be capable of enterteynments alike if as well a labourers sonne following the cart as a noble mans sonne a wayter in court may be the Kings lord Chamberlayne in time of peace and if as well a carpet knight as a valiant warriour may be lord generall in time of warre would any father for many yeeres together costly and gorgeouslie braue his sonne at Court or would any father adveÌ„terouslie and dangerouslie hazard his sonne in the field Againe fathers do not therfore send their sonnes to be students at the Innes of Court or to be apprentices in the Citie of London only in regard that they may bee all great Citizens and all great rich men all great lawyers and al great Iudges of the land It sufficeth all parentes and the purpose and intent of all parentes is that their sonnes become such lawyers and such Citizens as by their lawe and by their trades they may thriue and liue baâ—resterlike lawyerlike marchantlike citizen-like though they be not able to liue Serieantlike or Iudge-like Alldermanlike or Lord-like In like sort questionles would it be an excellent encouragement to many fathers to sende manie sonnes vnto many Scholes and Vniuersities of learning if so bee there were manie and good rewardes rathet then few great rewardes provided for manie rather then for fewe learned men in the Church For if there be but fewe rewards albeit the same be great then but a few fathers among many will adventure the spending of their substance vppon a vayne hope that their sonnes shall obtayne great rewardes of learning For what father knoweth the capacitie and diligence of his sonne Or who can divine that his sonne shal be one among the number of a few men greatly learned worthie of a great reward to liue Deanlike Archdeaconlike Bishoplike or Archbishoplike Wherefore if such a change of the Clergie as whereof wee speake were made that is to saye if an vnlearned and vndiscreete ministerie were changed into a discreet and learned ministerie it is not to bee doubted but a farre greater number of sonnes would be sent by their fathers to the studie of good learning then now there be From whence also it followeth that either Papall Prelacie is the onely bane Prelacy the bane of a learned ministerie of a learned Ministerie or ells that an vnlearned Ministerie is the vntimely fruite of the wombe of Papall Prelacie Both which twaine rather then one of which twaine being true we leaue it to be considered whether the mother conceyving to soone or the daughter borne out of time or both as an after birth superfluous members should not bee cast away and cut of from the body of the Church The Admonitors next argument is drawen from the small continuance in the Vniversities Admonition Furthermore who seeth not how small continuance there shal bee in the Vniversities to make men of any profouÌ„d knowledge when the very necessitie of places shall draw men away before they come to any ripenes or profound knowledg c. Assertion This argument is as an headlesse arrowe shott against a corslet of steele out of a bow vnbent for what can this argument pearce when in effect the conclusion is thus If euery parish should haue a learned and discrete Minister theÌ„ men should haue but small coÌ„tinuance in the Vniversitie to make them men of ripenes or of any profound knowledge But that men should be of small continuance in the Vniversity and should be drawen away before they come to ripenes or perfound knowledge is not meete Therefore it is not meete that euery Parish should haue a learned discret Minister The reason of which consequence is this viz. The very necessitie of places Pag. 80. saith he shall draw men away before they come to any ripenes The learnednes then and discretion of a Minister by his reason dependeth vpon his long continuance in the Vniversitie And what shall we then say of the learnednes and discretion of such Ministers of the Bishops making as did never continue in the Vniversitie one day in all their whole life but herevnto they answere that the very necessitie of the one is so great as that the people must haue prayer said and the Sacraments administred least the people in the country should grow to an heathnish barbaritie vnto which aunswere againe I reply and reason thus If a man of vnlearnednes and without knowledge ripenes may be a Minister then a man of small vnlearnednes of small knowlege and of small ripenes may bee a Minister much more and againe If necessitie of places may draw men of no continuance in the Vniversitie of no knowlege and of no ripenes into the Ministerie then may the necessitie of places drawe men of small continuance knowledge and ripenes But the necessity of places may draw men of no continuance knowledge or ripenes into the Ministery Therefore the necessity of places may drawe men of small continuance knowledge and ripenes into the Ministery The second proposition of which sillogisme is confirmed by practise precept by worde and by deede of most of our reverend Bb. And then from their owne practise I argue thus If the necessitie of sayinge prayers of reading seruice and of deliuerie of the elements bâ— of necessitie of necessitie require vnlearned Faith more necessary to be preached then the Sacraments be administred ministers rather then no ministers then much more the necessitie of hauing faith the necessitie of the saluation of our soules and the necessitie of God his glorie is of necessitie and being of necessitie requireth ministers of small learning of small continuance of small knowledge and of small ripenes rather then ministers of no learning no continuance no knowledge and of no ripenes And if Faith saluation of men and the glorie of God as soundly and as sincerelie may be preached and promoted by yong and rude Timothy as by aged learned and eloquent Apollo what necessitie is there of continuance in the Vniuersitie to obteyne more profound knowledge or anie other riper vnderstaÌ„ding then is that knowledge that vnderstanding whereby faith to the saluation of men to the glorie of God is of necessitie to be preached Agayne if by continuance in the Vniuersitie profouÌ„d knowledge ripenes be so necessarie that as is pretended in respect thereof a change of the Clergie may not bee made and that vnlearned vndiscreet ministers as it were by necessitie should still be placed then seemeth it reasonable to moue the Lord Bishoppes that it would please them to effect an abolishment of some of the statutes of all the Colledges in Oxford and Cambridge whereby all Maisters of Art of what youth ignorance or rudenes soever they be excepting some
represse Puritanes in one Parish then Maister D. Stanhope alone to represse all in a Diocesse in Holborne and that hee had chosen Maister Harsnet to bee his Curat and withall that Mai. Dodge Ma. Merbury Maister Flower and Maister Brisket all cheefe attendants on his late great Lord and Maister were inhabitants within the same Parish that the chiefe men of the same Parish had chosen those to be assistants to him and to his Curat for the inquisition of the demeanours of all the Puritanes and Precisians within his Parish let this I say bee supposed would not hee and they trow wee thinke it a high scorne and an indignitie to be offered vnto their Maisterships in case it should bee insinuated that Maister Doctor Stanhope were better able with one litle blast of breath vpon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London then these great Chaplins and discrete gentlemen with their thundrings and with their lightnings were able to fright the same out of one poore Parish in Holborn And againe to make this matter yet a litle more familiar to the minde of the Reader let vs suppose againe that thundering Mai. Merburie now Lecturer in in the church of Saint Mary Oâ—eris were Pastor of the same church had to be his assistants in the Ministery but simple M. ButtertoÌ„ that they two for the Elders of the same Church to be chosen by the Parish had such and such and such and such men louers of all honestie and godlines and enemies vnto all dishonestie and vngodlines could not these learned and graue Ministers with the assistants of such wise godly Borough-maisters be as well able to reforme Papists Atheists swearers prophaners of the Sabaoth Drunkerds adulterers and such like within the Borough of Southwark as is Maister Doctor Ridley to bring to any good amendement of life all such kind of persons within the whole Diocesse of Winchester If the examination and iudgement of all theeueries pickeries burglaries robberies murders and such like were committed to Maister Doctor Ridley alone for the Diocesse of Winchester and to Maister D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shorthly haue an hundred And therefore to hold vs still to the point in question it is very plaine and euident that this manner of spirituall Iustice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill Iustice in the common weale then is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of LondoÌ„ or by the Bishoppe of Winchester For to begin with our meanest and basest Courts let theÌ„ shew vnto vs any Court Leete Law-days or Sherifs turnes within Matters in Leets and Lawdayes not ouerruled by one alone any Countie Citie Towne Borough Village or Hamblet within the Realme wherin matters of civil Iustice are heard examined and adiudged by one man alone If for the common benefit of the Tenants against incrochmeÌ„ts ouerlaying of coÌ„mons wast nuisances or such like any payne is to bee offered or presentment made the same is not set or made by the Steward Sherif or other Officer alone but by the commoÌ„ voice and consent of all the homagers and suitors to the Court The Steward indeed is the director and moderator of the Court the giuer of the charge and the mouth of the whole assembly to pronounce and enact the whole worke of their meeting but he is not the only inquisitor the presentor the informer or the Iudge to dispose all things according to his owne discretion Besides matters of the Kings peace are not committed in any Countie or other place within the Realme only to one Iustice of the peace alone For neither at the generall Breaches of the Kinges peace not punishable by one alon Sessions of the peace nor at any other lesse publike meetings any person for any offence whereof he standeth indighted or for which he is punishable can be fined amerced or bodily punished at the discretion of one Iustice alone but by the greatest part of the Iustices assembled his penaltie is to be imposed vpoÌ„ him Furthermore this manner of the examination of the fact and declaration of the law for the triall of the fact and iudgement of the lawe doth not reside in the brest of one Iuror or Iudge alone In the Courte of the Kings Bench if a prisoner bee brought to the Barre and confesse not the crime Iustice in anie of the B. Courts is not executed by one Iudge alone by the Iustice of that Court hee can receaue no iudgement vnlesse he be first indicted by inquisition of 12. grand Iurors at the least and afterward againe be tried by other 12. brought iudicially into the Court face to face Yea in this Court neither the interpretation of the common law nor the exposition of any statute dependeth vpoÌ„ the opinion credite or authoritie of one Iudge no not of the Kinges chiefe Iustice him selfe alone for his other three brethren and Co-juges varying from him in point of law may lawfully over-rule the Court. The same maner of iudgement for the law is in vse and is practized by the Iudges in the Court of common Pleas and by the Barons of the Exchecquer in the Latin Courte of the Exchecquer And not onely in these Courtes of lawe and In the Courts of Equitie are many assistances Iustice but also in all the Kings Courtes of equitie coÌ„science it is not to be sene that any one person alone hath any absolute power without assistants finally to order iudge and decree any cause apperteining to the iurisdiction of those Courtes In the Courte of Requestes there are not fewer then two Court of Requests yea some times three or fower with Maister of Requestes in commission to heare and determine matters of equitie in that Court. In the Courte of Wardes and liveries there sitteth not onely the Court of Wards Maister of the Wardes but also the Kinges Attorney the Receaver and other Officers of the same Courte In Court of the chequer Chamber the Courte of the Checquer-chamber with the Lord Thresorer who is chiefe and President of that Councell yet with him as assistants doe sit the Chancelor of the Exchequer the Lord chiefe Baron and the other Barons Whatsoever decree finall is made in the Kinges High courte of Chancerie high Courte of Chancerie the same is decreed not by the Lorde Chancelour alone but by the Lord Chancelour and the high Court of Chancerie wherein the Maister of the Roles and the twelfe Maisters of the Chancerie as coadiutors doe sitt and giue assistance In the most honorable Court of Starre-chaÌ„ber the Court of Starre-chaÌ„ber 3. H. 7. c. 1. 21. H. 8. c. 20. Lord Chancelor the Lord Thresaurer and the President of the Kings most
honorable CouÌ„cell keeper of the Kings privie Seale or two of them calling vnto them one Bishop one temporal Lord of the Kings most honorable Councell the two chiefe Iustices of the Kinges bench and common Pleas for the time being or other two of the Kings Iustices in their absence haue full power and authoritie to punish after their demerits all misdoers being founde colpable before them If wee search our statutes besids the Courts and matters determinable in these spoken of before we shall find that the complaints of errour whether it touch the King or any other person 31. E 3. c. 21 made in the Exchecquer should be done to come before the Chancelor Treasurer who taking to them two Iustices other sage persons are duely to examine the busines and if any errour be found to correct amend the Roles c. By reason of delayes of iudgments vsed in the Chauncerie in the 14. E. 3. c 5 Kinges bench common bench and in the Exchecquer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the ParleameÌ„t by good advise of the Chancelour c. shall proceed to take a good accord and to make a good iudgement When it was complayned vnto the King that the profites c. of his Realme by â—0 K. 2. c. 1 some great Officers c. were much withdrawen and cloyned c. it pleased the King c. to coÌ„mit the surveighing aswell of the estate c. of his house c. vnto the honourable Fathers in God William Archbishop of Canterburie and Alexander Archbishop of Yorke c. by a statute of commission for a 6. H. 6. Sewers by a statute for punishmeÌ„t of b 11. H. 5. c. 25. periurie by a statut against making or executing of actes or ordinances by any c 19 H. 7. c. 7. Maisters c. being not examined c. by the Lord Chancelour Treasurer or chiefe Iustices c. By a statute for the erection of the Court of d 27. H. 8. c 27. AugmeÌ„tation by a statute for erection of the Court of firste e 32. H. c. 45. fruits tenthes and lastly by an f 27. Eli. c. 8 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench By all these statutes I say it is very apparant that the Administration of publike affaires in the coÌ„mon weale hath never bene vsually committed to the advisemnet discretion or definitiue sentence of any one man alone Which point is yet more fully and more perfectly Lord president and counsell in Wales Lord president couÌ„sell in the North parts Lord Deputie counsell in Irelande The Kinge and his honorable privie Counsel to be vnderstood by the establishment continuance of the Kings Lord President and Councell in Wales of the Kings Lord President and Counsel established for the North of the Kinges Lord Deputie and Councell within the Realme of Irelande of the Kings Highnesse most honorable privie Councell chosen by him for the assistance of his Royall person in matters apperteyning to his Kingly estate and lastly of the supreame and grand Councell of the three estates in Parleament for matters concerning The Kinge his grand Counsell in Parleament the Church the King and the common Weale For whether respect bee had vnto the secrete affaires of the Kings estate consulted vpoÌ„ in his Highnesse Councell Chamber by his privie Counsaylors or whether we regard the publike tractation of matters in Parleament there can bee no man so simple as not to knowe both these privie and open negotiatioÌ„s to be carried by most voyces of those persons who by the King are called to those honorable assemblies And what a vaine iangling then doth the Admonitor keepe how idlely and wranglingly doth he dispute when against the government of the church by Pastours and Elders he obiecteth that the same will interrupt the lawes of the Realme that it wil be great occasion of partiall affectionate dealing that some will incline to one parte and that the residue wil bee wrought to favour the other and that thereby it wil be a matter of strife discord schisme and heresies Howbeit if never any of these extremities and dangers haue fallen out in the common weale by any partiall or affectionate dealing of the Kings Deputies Presidents Iudges Iusticers and other Officers Ministers associated vnto theÌ„ for the administratioÌ„ of Iustice or equitie in any of the Kings civill Courtes howe much lesse cause haue we to feare any partialitie affectioÌ„ working inclination favour strife debate schismaticall or hereticall opinions if once Pastours and Elders in every Congregation and not thoroughout a Diocesse one Bishop alone had the spirituall administration of the Church-causes Can many temporall Officers Iusticers and Iudges rightly and indifferently administer the law and execute iustice and iudgment without that that some doe incline to one part without that the residue bee wrought to favour the other part And cannot spirituall Officers dispatch spiritual affaires without that that they be partially affectionally disposed What is it so easie a matter that the Ancients of God and the Ministers of Christ can the one part incline to righteousnes and the residue be wrought to favor wickednes can some incline to God and vnto Christ and can other some be wrought to follow Satan and Antichrist For what other controversie is required to be decided by Pastours and Elders then the controversie of sinne betwene the soule of man and his God And is there any Christian Pastour or Elder that wil be wrought rather to favour the sinne of a mortall man then the glorie of his immortall God But to leaue the state of the Kingdome and common weale and the good vsages and customes of the same let vs come to the state of the Church it selfe and to the lawfull government thereof established even amongst vs at this day The gouerment of the Church ought not to be by one alone For whatsoever our reverend Bishoppes practise to the contrarie yet touching ordination and deposition of Ministers touching excommunication and absolution touching the order and rule of Colleges Cathedrall churches and the Vniversities the ecclesiasticall law doth not commit the administration of these things and regiment of these places to any one person alone The Vniversities admit not the goverment of the Chancelour being present nor of his Vicechancelour The gouerment in the Vniuersities not by one alone him selfe being absent as of one alone the Doctors Procurators Regents non-Regents haue all voyces and by most of their voyces the Vniversitie causes take successe The businesses The goverment in Colleges not by one alone of Colleges by the statutes of their founders are commended to the industrie and fidelitie of the President Vice-president and fellowes vnto the Provost Viceprovost and fellowes vnto the Warden Sub-warden and fellowes vnto the Maister
and followes and vnto such like Officers fellowes The Cathedral The goverment in Cathedral churches not by one alone churches their livings and their landes their revenues their dividents their chapiters and their conferencies depend vpon the will and disposition of the Deane and Chapiter and not of the Bishop alone Neither can the Bishoppe Ex. de exces Prela c. 〈◊〉 Exc. de 〈◊〉 quaes cons cap c. novit alone by any ancient canon lawe pretended to be in force place or displace excommunicate or absolue any ecclesiasticall person without the iudgment of the Chapiter And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops c. the presence of divers Ministers and the people is required at the ordination of every Minister As for the deposition or degradation of Ministers vnder the correctiō whether the degradation of a Minist be warantable of the reverend Bb. be it spoken I thinke they haue not so much as any colour of any law for it The forme of the degradation of a Popish and sacrificing Priest by the canon law can bee no pretexte to degrade a Minister of the Monsieur de Plesis 164. in the seconde book of the Masse Gospel because a Minister of the Gospel is not set into his charge per calicem patinam with a cup full of wine dish full of hostes Neither receaveth he any charecter at al of a shaveling Priest And because a Minister of the Gospell is ordeyned onely after that manner which the statute lawe hath appointed howe should the ordination made by so high an authoritie bee vndone by any other power vnto the former maners of the administration of the causes of the Vniversities Colledges and Cathedrall churches may bee added the execution of ecclesiasticall iurisdiction committed heretofore by the Queene vnto the ecclesiasticall Commissioners For althoug by the words of the statute her Highnes had full power and authoritie The ecclesiastical commissiō exercised by manie commissioners and not by one by her letter patents to assigne name and authorize any one person a naturall borne subiect to execute spirituall iurisdiction yet neverthelesse according to the laudable vsages and customes of her kingdome and Courts temporal shee evermore authorised not one alone but diuers sundrie aswell temporall as ecclesiasticall persons for the execution thereof Which manner of commissiō because the reverend Bb. commend the same and avowe that it would doe more good if it were more common it cannot but seeme to bee a most gratefull thing vnto all good men especiallie vnto those reuerend Fathers if humbly wee beseech the Kinge that his Highnes would be pleased to make it more common And therefore in the The ecclesiastical commission commanded by the Bb. if it please the king may be enlarged vnto all Parishes wherein are godlie preaching Ministers behalfe aswell of the reverend Bb. as of all the learned and graue Doctors and Pastors of every church we most instātly intreat our most gracious Souverayne Lord the King that where in any Parish there shal be found a learned preaching Minister resident vpō his benefice that there he would be pleased by his authoritie Royal vnder the broad Seale to enable him and some other godly and faithfull Knights Esquires Gentlemen Citizens Borough-Maisters or other chief men of the same Parish to execute spirituall Iustice against drūkards adulterers swearers raylers and such like ecclesiasticall offendours inhabitants only within the same Parish For in this case we say as the reuerend Bb. say bonum quò communius eò melius If any No exceptiō to be taken against lay Elders to be authorized by the king in every Parish sithence the king authorizeth laie Elders in everie ecclesiasticall cōmission exception should be taken or challenge made scoffinglie and with scornefull termes against these lay parochians as heretofore hath bin vsed against laie elders or lay Aldermen as they call thē let him that taketh such exception advise him selfe wel and remember before he speake that in speaking he controle not the policie the practise the wisdom the authoritie both of our late Queen deceased and of our Souverayne Lord the King now raigning who authorized and doth authorize lay-men to bee ecclesiasticall commissioners Which kind of lay men or lay Elders as they call them that they haue ioyned in the exercise of the chiefest censure of the Church viz. excommunication with ecclesiasticall persons hath bin already proved by the sentence of excommunicatiō pronounced against E. by Maister W. and his associates whereof diuers were laie-men Againe if one laie Elder dwelling at Winchester may call and ssociate vnto him self one ecclesiasticall Elder dwellinge at S. Georges in Southwarke to excōmunicate any Parochian or Minister subiect vnto the iurisdiction of the Archdeacō of Surrey in what Parish soeuer of the same iurisdiction the partie shall dwell if it be lawfull I say Discipline of excommunication exercised by one laie Elder and one ecclesiastiall Elder for euerie ordinarie to ioyne one laie Elder one ecclesiasticall Elder together in cōmission the one to pronounce sentence of contumacie the other to denounce sentence of excōmunication for everie spirituall contumacie committed within his iurisdiction what reason can any man pretend why it should not be much more lawfull for the King by his Royall authoritie to apoint a learned preaching Pastor with the assistance of some cōpanie of faithfull inhabitants of the same Parish to exercise all maner of spiritual iustice within their own parish If the King shall stand in doubt whether any Discipline by excommunicatiō be exercised after this and this maner in the church of Englande then to put his Highnes out of all doubt hereof may it please the King to consider the precept of the reverend Bishoppes made in their convocation togither with the practise of the venerable Archdeacon of Surr. following The precept is this Vnusquisque Articlo pro clero c. de quibusdam circa excom excessib coercend 1584. Vicarius generalis officialis seu Commissarius qui ordines ecclesiastico non susceperit eruditum aliquem presbyterum sibi accerset associabit qui sufficienti authoritate vel ab ipso Episcopo in iurisdictione sua vel ab Archidiacono presbytero existente in iurisdictione sua munitus idque ex praescripto iudicis tunc praesentis excommunicationis sententiam pro contumacia denunciabit Everie Vicar generall Officiall or Commissarie which hath not taken vpon him ecclesiasticall orders shall call and associate vnto him some learned Presbyter who being armed with sufficient authoritie from the Bishopp in his iurisdiction or from the Archdeacon beeing a Presbyter in his iurisdiction shall denounce that by the prescript of the Iudge present the sentence of excommunication for contumacie Now the maner of the D. Hones practise of the Bishopps article practise of this precept ensueth in these wordes Iohannes Hone legum Doctor Officialis
together with their functions are arbitrable ceremonious rituall traditionall or circumstanciall yea and removeable at the pleasure of the King and State Neither doth this disagree from that A Bishopp Pastor and Elder and our Lorde B. diffu which was erst sayd of a Bb. or Pastor that they be all one in respect of their function For it is not sayd that an humane Bishop and Pastor but that a Bb. and Pastor are all one For a Bb. simplie so called is not a Bishopp and Pastor in respect of his fellowe brethren but only in regard of his flocke which he ouerseeth feedeth and ruleth But a humane what a lord Bishopp is Bishopp is hee that is promoted vnto this dignitie by man and who by mans authoritie taketh vpon him superoritie preheminence ouer them which are equall vnto him touching their function that intangleth himselfe with civill gouernment and wordlie affaires and whose Bishopplie office consisteth not so much in the dispensation of Gods worde and Sacraments as in Lordlie Bishoplie apparell Crossing with the signe of the crosse confirmation of children sole imposition of hands sole excommunication sole enioyning of articles vpō the people and Clergie of his Diocesse consecration of oratories delegation of his episcopall authoritie to his Suffragane Vicar generall and principall officiall and other such humane and Bishopplie functions All which are after the customes preceptes and traditions of men And albeit D. O. by vertue of the Queenes congedelier were chosen by the Deane and Chapter of Lichfield in episcopum Pastorem ecclesiae Lichfieldensis yet is hee never intituled The Lorde Bishoppe of Lichfield is neuer honored with the title of being Lorde Pastor with the dignitie of being the Lord Pastor but onely with the honor of being the Lord Bishop of Lichfield so that one and the self same person being a Bishop and a Pastor may be a Lord Bishop over Pastours but not a Pastor over Pastors Wherevpon it followeth that the Pastorall Pastoral authoritie of a Lord Bb of other Pastours is equall authoritie which hee hath in common with his brethren the other Pastors of his Diocesse is of no superioritie or proheminence aboue theirs and that touching the function both of his and their Pastorall cure charge there is a paritie betwene him and them by reason whereof he can haue no power over them because par in parem non habet imperium But why is it that he can not be called Pastor Pastorum ecclesiae Lichfieldensis Lord Pastor of the Pastors of the Church of Lichfield and yet may be called Dominus Episcopus Pastorum ecclesiae Lichfieldensis Lord Bishoppe of the Pastors of the Church of Lichfield Why but only for that there is custome tradition and the lawe of man for his episcopall iurisdiction and for that his pastorall function if hee haue any belongeth vnto him in common with his brethren the other Pastors iure divino The Bishoppe then having these two severall Whether a lord Bishop minister the doctrine sacrament and discipline of Christ by vertue of his lordlie episcopal or pastorall office and distinct offices imposed vpon his person the one by divine the other by humane lawe the one humane and episcopall the other without pompe pastorall there ariseth from thence this question by which of those two functions hee may lawfullie I meane according to Gods lawe minister the Doctrine Sacramēts censures of Christ If it be aunswered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacramentes and by force of his humane Episcopall office to minister the censures of Christ then is not the answere fitted to the question the same being made â bene coniunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simplie of divine ordināce it must followe if his episcopall power be only of humane right pastoral power only of divine institution that the censures may be ministred by authoritie derived only from mā but the doctrine and sacraments by power derived onlie from God Which commixion of divine and humane right in the execution of the ordinances of God can no maner of wayes be sound pure and sincere and therefore also can not be pleasing vnto God For no more can the censures of Christ to the pleasure of God bee lawfullie administred by the authoritie of any one whose function is of man and not of God then could the sacrifice of God be offered by one who was a priest of man and not of God Now that humane episcopalitie or Bishoppisme in the Church of England is authorized and deduced from the power and law of Lordlie episcopalitie authorized onlie by the lawe of the Realme man viz. of the King Realme alone is evident as well by the donation endowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishoprickes of Chester Gloucester Bristoll Peterborough and Oxford with their cathedrall Churches Seas Cities meeres and boundes of those humane Bishoppes for the exercise of their episcopall administration according to an act of Parleamēt authorizing the Kings Highnes to make Bishoppes by his letters patentes Nay further that humane episcopall iurisdiction within the meres Note that King Henry the eight by letters patents made Bb. therefore c. and boundes of every Diocesse within England is merelie of humane and not of divine iustitution appeareth by that power and authoritie which the Kinge hath in translating dissolving of Bishoprickes in conserving episcopall iurisdiction 31. H. 〈◊〉 c. 9 sometimes to such persons as be no Bishopps as did William the Cōquerour when he gaue Episcopall power to the Abbot of Battayle and lastlie by the verie maner and forme of the nomination licēce of election authoritie of investiture confirmation and consecration of Archbishoppes and Bishops established by the more positive lawe of the Realme But if it be aunswered that 25. H. 8. c. 20. the Bishoppe by his humane episcopall power doth minister the doctrine Sacraments and discipline of Christ then is the case worse with him then it was before because then not onlie the Discipline of Christ but also the doctrine Sacramentes of Christ should be ministred by that authoritie whiche is of humane institution Besides the answer should be vntrue because the Bishoppe at the time of his cōsecration doth not receyue anie authoritie to preache the worde and minister the Sacraments for that authoritie was then commited vnto him when first he was ordeyned to be a presbyter But the authorite which he receyueth at the time of his consecration is to correct and punish such as bee vnquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That episcopall power in Englande is not of divine but of humane institution Especiallie for that
by the scriptures it can not bee prooved that there be two seuerall distinct formes of ordinations the one called consecration proper to a Lord Bishoppe for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the word and Sacraments Wherevnto lastlie If the Lord Bishop haue power to minister discipline by diuine right thē no more can he commit that his power to another thē he can commit the power which hee hath of preaching to another may be added another maine reason that Episcopall power in Englande to minister the discipline can not therfore be of divine institution because if it were of divine institution the Bishoppe could no more surrogate the same his episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name then he can depute them or any of them to minister the doctrine Sacramentes in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishoppe For the profe hereof we shall not need to search any other authenticall record then the precept and the practise before intreated of For it is not saide in the precept That the Presbyter being armed with authoritie from Christ but it is sayde that the Presbyter being armed with authoritie from the Bishoppe or Archdeacon shall denounce the sentence of excommunication the practise also of Doctor Hone every way confirmeth as much For therein Doctor Hone doeth not chalēge to be an officer vnto Christ but he sayeth that he is the officiall of the venerable Archdeacō of Surrey and that Maister Rowland Allen Presbyter by vertu of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet nevertheles he is a mediate officer deputed to his office by an immediate officer vnto Christ vix the Lord Bishoppe or Archdeacon then we replie and say First that the Lord Bishoppe Archdeacon bee neither immediate or mediate officers appointed by Christ to be Ministers of his discipline Secondlie if they were immediate officers from Christ that yet they haue no authoritie by the law of Christ to transferre their right or any part thereof to an other person or to depute an other person in their name or by their authoritie to excommunicate As for these words viz In Dei nomine amen nos Iohānes Hone or nos Roulandus Allen c. sometimes vsed in their scedule of excommunication it is but a prophaning of the holie name of God whereby they make them selues guiltie of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishoppes humane episcopall power yea or no. But now on the other side because no divine censure can lawfullie be executed in the church by that authoritie which is of humane institution if it be aunswered that the Bishop by reason of his pastorall Whether the L. Bishopp by pastorall authoritie may excommunicate a Pastor power which hee is saide to haue over all the Pastours and people of his Diocesse may lawfullie not onlie minister the worde and Sacraments but also the Discipline of Christ vnto them all then it followeth that by a Pastourall power one Pastour may be a Pastour of Pastors which is against the Scriptures and contrarie to the brotherly fellow-like authoritie which is common to all Pastours vnder the sunne and betwene whom touching their Pastourall functions there is to this day by the Scriptures as litle superioritie and as great a paritie as ever there was betwene Apostles and Apostles betwene Prophets and Prophets or betwene Evangelistes and Evāgelistes and as at this day there is betwene Bishops Bishops betwene Archbishops and Archbishops or betwene Patriarckes and Patriarckes yea and as is betweene Earles and Earles Dukes and Dukes Kinges and Kinges Emperours Emperours For no greater superioritie or preheminence hath any one Pastor over the person or function of an other Pastour touching the administratiō of any thing properly belōging Pastoures ouer small flockes are as truely pastors as Pastors ouer great flocks to either of their pastoral functions thē hath one Emperor over the person or function of an other Emperor or one King over the person or functiō of an other King or one Lord Bishop over the person or function of an other Lord Bishop or one Archbishop over the person or functiō of an other Archbishop or then had one Apostle over the person As great paritie betwene Pastors Pastors as between Apostles Apostles or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over another arme or one foot over another foote And therefore if touching the functions which Pastors either among them selues haue in common one with the other or which they haue over their flockes there be no disparitie but that the Pastors to whom small flockes are committed doe as reallie and as truelie participate of the nature of true Pastors as those great Pastours doe vpon whose great shoulders great burdens are imposed it behoveth great Pastors to prove vnto vs by the holie Scriptures that by the institution of their great pastorall functions they haue their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the litle Pastours haue their power by the institution of their petie pastorall offices so streightned as whereby they may onlie preach the Word and administer the Sacramentes but not excommunicate it behooveth I say great Pastors to be able sufficiently to shew vnto vs these thinges out of the holy Scriptures or els it seemeth to stande with reason and equitie deduced from the same Scriptures that a Pastor over a few should haue like power to teach and to governe a few as a great Pastor over manie hath to instruct and to rule many Marie if they think that only great Pastors be true Pastors that great powers spirituall be only true powers spirituall then let them also conclude that onely great Knights be true Knights that only great Dukes bee true Dukes that onely great Kings be true Kings and that only great principalities temporall bee true principalities temporall Which conclusion Not onelie Kinges of great kingdomes but also Kinges of small kingdomes bee true kings if they shall iudge to be conclusionles because King Rehoboam had as large a patent to feede and to command two Tribes as King Solomon his Father had to command and to feede twelue or as the Archbishop of Yorke may suppose him self to haue over nine or tenne Counties as the