the Bishops and Archdeacons their Courts Wee will examine what fees Doctors of the civill law being Chancellors Commissaries or Officials have usually and ordinarily allowed unto them by their Lords and Masters Fees for probat of Testaments granting Fees for probat of testaments let to farm of administrations with their appendances of late years in some places whether in all or how many I know not have beene demised unto farm for an annuall rent out of which either a small or no portion at all have beene allowed unto the Chancellor or Officiall for his service in this behalf Whereupon as I conjecture it hath fallen out rather than that those Officers would worke keepe Courts and travaile for little or nought ther have been exacted greater fees for the dispatch of these things than by law ought to have bin paid Perquisits of courts arising upon suites commenced betweene partie and partie it must be a plentifull harvest and there must be multi amici curiae in a Bishops consistorie if ordinarily communibus annis they amount in the whole to twenty pounds by the yeare and yet these perquisits belong not wholly to the Chancellor but are to be devided between him and the Register And touching fees for excommunication and absolution fees for institution and induction licences to preach licences for Curats and Readers For testimoniall of subscription or licences to marry without banes fees for commutation of penance and fees for relaxation of sequestrations touching these manner of Fees if the same be fees no Fees due for the execution of the functions of the canon law dishonourable for a Doctor of the civill Law way warrantable how are not then such fees every way dishonourable for a Doctor of the Civill law to take either of Ministers or people There must be therefore some other hope of better reward and maintenance to incite and incourage schollars to the studie of the civill law than are these beggerly and unlawfull fees depending upon the functions and exacted by the Officers of the Canon law or els the use of the civill law as the Admonitor saith must necessarily in short time be overthrown For if Fees for probat of Testaments and granting of administrations with their appendices shall still be let to farme and if also many unlawfull fees were quite inhibited there would remaine I trow but a very poore pittance for Civilians out of the functions of the Canon law to maintain their Doctoralities withall But what better reward can there bee for Civilians than hath already beene mentioned If the Admonitor had not willingly put a hood Civilians in England live not only by the functions of Canon law wincke before his eyes he might have seene that the Civilians live not wholly and altogether by the practice of the Canon Law but partly also and that most honourably by the use of the Civill law If a Doctor of the Civill Law be judge or Advocate in the Court of Admiraltie if he be Judge or Advocate in the Prerogative Court so farre as the same Court handleth only matters of Legacies Testaments and Codicills to what use can the Canon Law serve him or what advantage can the same Law bring him in Beside to what use serveth the Canon Law unto a Doctor of the Civill Law if he shall finde favour in the Kings sight and if it please the King to make him one of the Masters of his Requests or one of the twelve Masters of his high Court of Chancery or to be the Master of his Rolls or to be his Highnesse Embassador unto forraigne Nations or to be one of his Highnes most honourable privie Councel or to be one of his principall Secretaries It followeth not therefore as the Admonitor pretendeth that either the Civilians in this Realme live not by the use of the civill law but by the offices and functions of the Canon law and such things as are within the compasse thereof or that the hope of reward and by that means the whole studie of the Civill Law must be taken away if once the Canon Law should be abolished Neither would it bee any hard matter for the King if the Civilians might find grace in his sight to appoint Courts Offices and all manner of processe and proceedings in judgement for Doctors of the Civill Law to heare and determine in the Kings name all causes being now within the compasse of any Civill or Ecclesiasticall Law within this Realme And although a little candle can give but a little light and a small Spring can send forth but a small streame yet because great fires are kindled sometimes by little sparkles and small streames meeting together may in time grow into great riveâ—s I shall desire the great Civilians with their floods and lamps of learning to help forward such a law as whereby the study of the Civill Law may be upholden the reward and maintenance of Civilians without any function from the Canon Law may be enlarged many controversies and disorders in the Church may be pacified and the Kings Prerogative Royall bee duely advanced Which things if it might please them rightly to consider then let them humbly and seriously beseech our Soveraigne Lord the King and States in Parliament to give their consents to such a Law as the project ensuing may warrant them the same not to bee dangerous to the overthrow of their civill studies The Project of an Act for the explanation and amplyfying of one branch of a Statute made in the first year of the raign of Queen ELIZABETH entituled An Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and also for the declaring and reviving of a Statute made in the first year of King EDWARD the sixth entiled An Act what seales and stiles Bishops and other spirituall persons exercising jurisdiction Ecclesiasticall shall use FOrasmuch as by one branch of an Act made in the first yeare of our late Soveraign Ladie of blessed memorie Queen Elizabeth entituled an Act restoring to the Crowne the ancient jurisdiction over the state Ecclesiasticall and Spirituall and abolishing all forraign power repugnant to the same it was established and enacted That such jurisdictions priviledges superiorities and preeminences Spirituall and Ecclesiasticall as by any spirituall or Ecclesiasticall power or authority hath heretofore beene or may lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities should for ever by authoritie of that present Parliament be united and annexed to the imperiall Crown of this Realm by means whereof it may now be made a question whether any Archbishops or other Ecclesiasticall persons having since that time used or exercised any such spirituall or Ecclesiasticall jurisdiction in their owne right or names might lawfully have done or hereafter may lawfully do the same without speciall warrant and authoritie derived
English Bishop having obtained his congedelieâ— oath Proh Deum dedine ego tot millia Florenorum pro volo Episcopari jam debeo dicere nolo or as was the answer of that English Bishop who having promised a Courtier one annuitie of twenty pound during his life out of his Bishopricke if hee could procure the speedy feâ—ling of his congedelier within a while after when it was sealed he rapt out an oath and sware by Jesus God that the same Gentleman had done more for him than an other great Courtier who before hand for that purpose had received from him one thousand markes But whether all Bishops buy their congedeliers dearer or better cheape is not a matter incident to this treatise only if they buy deare they may happily thinke with themselves that they may sell deare vendere jure potest emerat ille prius setteth not any price upon any wares in the Royall Exchange But to return The manner of the administration of spirituall Iustice in the Church by Prelacy to our purpose whence by occasion of those Bishoply oathes and answers we have a little digressed let us see what is the manner and forme of the administration of spirituall justice in the government of the Church by Prelacy as the same is ordinarily administred in all places throughout the Church of England Wherein that wee be not mistaken it is to be understood that the manner of administration of justice whereof we speake is that administration of justice only which respecteth the punishment of crimes Ecclesiasticall to bee inflicted by spirituall censures In all which cases penances suspension and excommunications in the Bishops consistory proceed from the judgement and authority of the Bishop alone if he be present or from the sentence and power of his Vicar generall or Commissary alone and if he be absent Nay doth not every such censure likewise in the Archdeacons consistory procâ—ed from the sole authority of the Archdeacon or if hee bee absent from the sole authority of his officiall But if the like course of the execution of Justice as this is cannot bee found to bee an oâ—dinary course of Justice in the Common-Weale where Justice is administred in criminall causes by the Ministery of a subject I would faine learne what prejudice may bee feared to redound unto the Common Weale if the administration of spirituall Iustice after a sort were established to bee after the same manner in the Church after which civill Iustice is already practised in the Common-Weale I said after a sort to this end least I should bee mistaken For the meaning is not that spirituall Iustice should be ministred exactly in No one subject in the Common Weale can alone exercise civill justice in causes criminall every respect after the manner of civill Iustice but the comparison standeth onely in this that as not any one temporall subject alone hath authority to heare to examine and to judge any one criminall cause in any Court of civill justice in the Common-Weale so likewise that any one spirituall person alone should have authority to be examiner and judge of any one criminall cause in any Court of spirituall Iustice in the Church For if certaine principall and godly persons associated unto a learned and zealous Pastor in the presence and with the consent and authority of the people of every Parish did enjoyne penance suspend or excommunicate a spirituall The administration of spirituall Iustice by pastors and Elders agreeable to the execution of civill justice in the Common-Weale Master D. Bancroft what his assistants Letter able to represse puritans in one parish D. Stanhope alone to represse all in a Diocesse offendor were not this forme of administration of spirituall Iustice more consonant agreeable and conformable to the daily execution of civill Iustice in the Courts of the Common-Weale than is the administration of spirituall Iustice by the Bishop alone or by his Vicar generall alone in his Consistory and to make this matter more familiar in the mind of the Reader for an instance or two let us suppose that Master Doctor Bancroft Parson of S. Andros in Holborne had chosen Master Harsnet to be his Curat and withall that Master Dodge Master Mercury Master Flower and Master Brisket all chiefe attendants on his late great Lord and Master were inhabitants within the same Parish and thâ—t 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 Puritans and Precisians within his Parish let this I say be supposed would not hee and they trow we thinke it a high scorne and an indignitie to be offered unto their Masterships in case it should bee insinuated that Master Doctor Stanhope were better able with one little blast of breath upon a peece of paper to blow away all Puritanisme out of the Citie and Diocesse of London than these great Chapleins and discreet Gentlemen with their thunderings and with their lightnings were able to fright the same out of one poore Parish in HOLBORNE And againe to make this matter yet a little more familiar to the minde of the Reader let us suppose again that thundering Master Merbury now Lecturer in the Church of Saint Mary Overis were Pastor of the same Church and had to be his assistants in the Ministery but simple M. Butterton and that they two for the Elders of the same Church to be chosen by the Parish had such and such and such men lovers of all honesty and godlinesse and enemies unto all dishonesty and ungodlinesse could not these learned and grave Ministers with the assistants of such wise and godly Borough-Masters bee as well able to reforme Papists Atheists Swearers prophaners of the Sabbath drunkerds adulterers and such like within the Borough of Southwarke as is Master Doctor Ridley to bring to any good amendment of life all such kind of persons within the whole Diocesse of Winchester If the examination and judgement of all theeveries pickeries burglaries robberies murders and such like were committed to Master Dâ—ctor Ridley alone for the Diocesse of Winchester and to Master D. Stanhope alone for the Diocesse of London were it not like that for one such malefactor as there is now we should shortly have an hundred And therefore to hold us still to the point in question it is very plaine and evident that this manner of spirituall justice mentioned to be executed by the Pastors and Elders is more correspondent to the administration of civill justice in the Common-Weale than is that manner of the execution of spirituall Iustice by Doctor Stanhope or Doctor Ridley by the Bishop of London or by the Bishop of Winchester For to begin with our meanest and basest Courts let them shew unto us any Court Leete Law-dayes Matters in Leets and Law dayes not overruled by one alone or Sheriffes turnes within any County City Towne Borough Village or Hamblet within the Realme wherein
Bishop then having these two severall and distinct offices imposed upon his person the one by divine the other by humane Law the one humane and Episcopall the other without pomp and pastorall there ariseth from thence this question by which of those two functions hee may lawfully I meane according to Gods Law minister the Doctrine Sacraments and censures of Christ If it bee answered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacraments and by force of his humane Episcopall office to minister the censures of Christ then is not the answer fitted to the question the same being made à bene conjunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simply of divine ordinance it must follow if his Episcopall power be onely of humane right and pastorall power be onely of divine institution that the censures may bee ministred by authority derived onely from man but the doctrine and Sacraments by power derived onely from God Which commixion of divine and humane right in the execution of the ordinances of God can no manner of wayes be sound pure and sincere and therefore also can not be pleasing unto God For no more can the censures of Christ to the pleasure of God be lawfully administred by the authoritie of any one whose function is of man and not of God than could the sacrifice of God bee offered by one who was a priest of man and not of God Now that humane Episcopality or Bâ—shoppisme in the Church of England is authorized and deduced from Lordly Episcopality authorized only by the Law of the Realme the power and Law of man viz. of the King and Realme alone is evident as well by the donation and endowment of the Bishoprickes founded by the Kingly Prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishopricks of Chester Gloucester Bristoll Peter borough and Oxford with their Cathedrall Churches Seas Cities meeres and bounds of those humane Bishops for the exercise of their Episcopall administration according to act of Parliament authorizing the Kings Highnesse to make Bishops by His Letters Patents Nay further that humane Episcopall Note that King Henry the eight by letters Patents made Bish therefore c. 31. H. 8. c. 9 jurisdiction within the meres and bounds of every Diocesse within England is meerely of humane and not of divine institution appeareth by that power and authority which the King hath in translating and dissolving of Bishopricks in conserving Episcopall jurisdiction sometimes to such persons as be no Bishops as did William the Conqueror when hee gave Episcopall power to the Abbot of Battaile and lastly by the very manner and forme of the nomination licence of Election and authority of investiture confirmation and consecration of Archbishops and Bishops established by the more positive Law of the Realme But if it bee answered 25. H. 8. c. 20 that the Bishop by his humane Episcopall power doth minister the Doctrine Sacraments and discipline of Christ then is the case worse with him than it was before because then not onely the Discipline of Christ but also the doctrine and Sacraments of Christ should bee ministred by that authority which is of humane institution Besides the answer should be untrue because the Bishop at the time of his consecration doth not receive any authority to preach the Word and minister the Sacraments for that authority was then committed unto him when first he was ordained to be a Presbyter But the authority which hee receiveth at the time of his consecration is to correct and punish such as bee unquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That Episcopall power in England is not of divine but of humane institution Especially for that by the Scriptures it can not be proved that there bee two severall and distinct formes of ordinations the one called consecration proper to a Lord Bishop for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the Word and Sacraments Whereunto lastly may bee added another maine reason that Episcopall power in If the Lord Bish have power to minister disâ—ipline by divine right then no more can he commit that his power to an other than he can commit the power which hee hath of preaching to another England to minister the Discipline can not therefore bee of divine institution because if it were of divine institution the Bishop 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 than hee can depute them or any of them to minister the doctrine and Sacraments 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 Bishop For the proofe hereof we shall not need to search any other authenticall record then the precept and the practice before intreated of For it is not said in the precept that the Presbyter being armed with authority from Christ but it is said that the Presbyter being armed with authority from the Bishop or Archdeacon shall denounce the sentence of excommunication the practice also of Doctor Hone every way confirmeth as much For therein Doctor Hone doth not challenge to be an Officer unto Christ but he saith that he is the officiall of the venerable Archdeacon of Surrey and that Master Rowland Allen Presbyter by vertue 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 neverthelesse he is a mediate officer depuâ—ed to his office by an immediate officer unto Christ viz. the Lord Bishop or Archdeacon then wee reply and say First that the Lord Bishop and Archdeacon be neither immediate or mediâ—te Officers appointed by Christ to bee ministers of his discipline Secondly if they were immediate officers from Christ that yet they have no authority by the Law of Christ to transfer their right or any part thereof to an other person in their name or by their authoritie to excommunicate As for these words viz. In Dei nomine Amen nos Iohannes Hone or nos Roulandus Allen c. sometimes used in their scedule of excommunication it is but a prophaning of the holy name of God whereby they make themselves guilty 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 Bishops humane Episcopall power yea or no. But now on the other side because no divine censure can lawfully be executed in the Church by that authority
which is of humane institution if it be answered that the Bishop by reason Whether L. Bishopâ— by pastorall authority may excommunicate a Pastor of his pastorall power which he is said to have over all the Pastors and people of his Diocesse may lawfully not onely minister the Word and Sacraments but also the Discipline of Christ unto them all then it followeth that by a Pastorall power one Pastour may bee a Pastour of Pastors which is against the Scriptures and contrary to the brotherly and fellow-like authority which is common to all Pastors under the Sunne and betweene whom touching their Pastorall functions there is to this day by the Scriptures as little superiority and as great a paritie as ever there was betweene Apostles and Apostles betweene Prophets and Prophets or betweene Evangelists and Evangelists and as at this day there is betweene Bishops and Bishops betweene Archbiâ—hops and Archbishops or betweene Patriarkes and Patriarkes yea and as is between Earles and Earles Dukes and Dukes Kings and Kings Emperours and Emperours For no greater superiority or preheminence hath any one Pastor over the person or function oâ— an other Pastour touching the administration of any thing properly belonging to either of their pastorall functions than hath one Pastors over small flockes are as truly pastors as pastors over great flocks As great paritie betweene pastors pastor as between Apostles and Apostles Emperor over the person or function of an other Emperor or one King over the person or function of an other King or one Lord Biâ—hop over the person or function of an other Lord Biâ—hop or one Archbiâ—hop over the person or function of an other Archbishop or than had one Apostle over the person or function of an other Apostle Nay then hath one eye over an other eye one hand over an other hand one arme over an other arme or one foot over another foote And therefore if touching the functions which Pastors either among themselves have in common one with the other or which they have over their flockes there be no disparity but that the Pastors to whom small flockes are committed doe as really and as truly participate of the nature of true Pastors as those great Pastors doe upon whose great shoulders great burthens are imposed it behoveth great Pastors to prove unto us by the holy Scriptures that by the institution of their great pastorall function they have their power so enlarged as that thereby they may preach the Word minister the Sacraments and excommunicate and that on the other side the little Pastours have their power by the institution of their petie pastorall offices so streitned as whereby they may only preach the Word and administer the Sacraments but not excommunicate it behoveth I say great Pastors to bee able sufficiently to shew unto us these things out of the holy Scriptures or else it seemeth to stand with reason and equity deduced from the same Scriptures that a Pastor over a few should have like power to teach and to governe a few as a great Pastor over many hath to instruct and to rule many Marry if they thinke that onely great Pastors bee true Pastors and that great powers spirituall bee onely true powers spirituall then let them also conclude that onely great Knights be true Knights that onely great Dukes be true Dukes that onely great Kings be true Kings and that onely great principalities temporall bee true principalities temporall Which conclusion if they shall judge to be conclusionlesse because King Rehoboam had Not only Kings of great kingdomes but also Kings of small kingdomes bee true Kings as large a Patent to feede and to commmand two Tribes as King Salomon his Father had to command and to feede twelve or as the Archbishop of Yorke may suppose himselfe to have over nine or tenne Counties as the Archbishop of Canterbury can have over nine and thirtie or fortie then me thinketh it a matter very reasonably of them to be confessed that all true Pastors whether they be great Pastors or little Pastors may lawfully exercise all manner of such true power spirituall as unto true spirituall Pastors by the holy Scriptures doth appertaine For if Bishops being great Pastors may therefore preach and minister the Sacraments because they be as they say true Pastors then also may little Pastors therefore excommunicate because they bee as the Scripture saith true Bishops Wherefore if the Lord Bishop of London by vertue of his Pastorall office as he thinketh which with his brethren the other Pastors of his Diocesse he hath in common deriveth unto him immediately from the Word of God may lawfully excommunicate then the Pastorall office which Master Doctor Andrews hath over the people of his Parish of Saint Giles without Creeplegate and the Pastorall function which Master Doctor White hath over the people of Saint Dunstones within Temple-barre being as absolutely and as immediately deduced unto them out of the same word what proofe can bee made out of the word that the Bishop being not Lord Pastour of the Pastours of his Diocesse may lawfully by the word excommunicate all manner of offenders both Pastors and people within his Diocesse and yet neverthelesse that neither Master Doctor Andrewes and Master Doctor White by the same word may excommunicate any one of their Parishioners at all Nay further what reason can there bee afforded from the Law of God that Master Doctor Abbot Deane of Winchester that Master Browne Master Barlow and diverse other Prebendaries in the Church of Winchester having certaine parochiall and Pastorall Churches annexed to his and their Deanry and Prebendes and Master D. Grey in his Parish by their pastorall functions should have absolute authority unlesse it bee during the time of the L. Bishops trienniall visitation to exercise the discipline of Christ within their severall and peculiar Churches and yet notwithstanding that neither Master Richman nor Master Burden being both of them grave godly and learned Pastors should have at any time any pastorall authority to exercise any censure at all And as it is in the Churth of Winchester so is it in the Church of Pauls in the Church of Salisbury and in well nigh all the Cathedrall and Collegiall Churches throughout the Realme The Deane Prebendaries and Canons having certaine parochiall Churches exempted from the Bishop within their exempt and peculiar jurisdictions by meere Pastorall authority for Episcopall authority by the Lawes of the Church have they none may exercise all manner of spirituall censures and that as well by their substitutes as by themselves Nay Rurall Deanes in Cheshire c. use some part of Episcopall power Episcopall power to excommunicate granted by papall priviledges or prescribed use Power to excommunicate if it be of divine right may not be prescribed which is more in Cheshire Lancashire Yorkeshire Richmondshire and other Northern parts there be many whole Deanries exempted from the Bishops jurisdiction wherein the Deanes and their substitutes have
Fraternities and other bodies Politike and Corporate Wherefore to the end our meaning may the better be understood and that we may proceed orderly we thinke it good to examine first by how many severall wayes some oâ— these impropriations may be wholly and thoroughly reduced secondly by how many severall meanes other some in part may be brought to the use of the Ministerie To reduce some of them wholly may bee done by restitution commutation redemption and contribution And first Impropriations may be reduced to the ministery by 4 meanes that I prejudice not the Lords spirituall and Churchmen of their ancient priviledges from being placed in the first ranke reason is that they teaching the people not to possesse other mens goods wrongfully we speake first oâ— restitution to be made by them In declaration whereof we thinke it not fit in this place to shew to what end the state of the Clergie was first founded into a state of prelacie by the King Earles Barons and other great men because the same commeth afterward to be handled more at large but it shall suffice at this â—arochiall Churches to what use they were founded present for the purpose whereof we now intreat to let the reverend Bishops understand that the small Parochiall Churches were founded and endowed with glebe lands tythes and other fruits by the Lords of Manors to the end that the Lords Tenants within the same Manors should be informed of the Law of God and that hospitalities might be kept and the poore of the same parishes be relieved And besides the reverend Bishops we hope will grant that the great Cathedrall This may be proved by 15. R. 2. and 4. h. 4. c. 2. and is confessed by M Bilson in his perpet government pag. 365. 366. and Collegiate Churches were not founded by the Kings progenitors Nobles and great men of the Realme to the end that those great Churches as great Hawkes prey upon little foules with their great steeples should eat and devoure the little steeples or that with their great Quiers they should overthrow and justle downe the small pulpits And therefore we most humbly pray aide from the king for the casting of new claps to bee erected in the little pulpits that hee would be pleased to grant restitutiones in integrum to all the little Churches and that all impropriations of all Parochiall Churches and benefices now by spoliation parcell of the revenues of Archbishops Bishops Deanes Archdeacons Prebendaries and other Ecclesiasticall persons restants within those great Churches may bee wholly restored to their ancient and originall use according to the mindes and intents of the first Donors and Patrons of the same parochiall and little Churches For if as Master Bilson saith it bee true that the Lords of Villages having erected Churches and allotted out portions for divine service either by Gods or mans law by their later grants could not have the former rights unto their patronages overthrowne and if the allowance given at the first to the Minister of each Parish by the Lord of the soyle were matter enough in the judgement of Christs Church to establish the rights of patrons that they alone should present Clerkes because they alone provided for them if I say this be true then have the Ministers of those Villages and of that soyle just cause to require at the Diocesans hands a restitution of such allowances as were first given and provided for them by the patrons Especially the Diocesans by their owne act now enjoying and converting the same allowances to their own use If it be answered that this can not well and conveniently be brought to passe because the same impropriations by the Archbishops Bishops and other Ecclesiasticall persons for diverse summes of money are now lawfully demised to farme for many yeares yet to come hereunto we answer that these leases should hinder nothing at all the restitution of the right and interest in reversion or remainder of those impropriations Only if the impropriations have beene made according to the lawes of the Realm and the leases duly granted these leases for a time may hinder the incumbent Ministers from the present possession of the Tithes Fruits and glebe Land belonging to the said impropriations And yet may not the incumbent Ministers bee hindered in the meane while from receiving the rents reserved upon such Leases and which by the same Leases are now payable to the Archbishops Bishops and other Ecclesiasticall persons Neither after the determination of the same leases should the incumbent Ministers be any more letted to enjoy and receive the whole profits in right of their Churches than other Ministers be now letted to enjoy theirs If any shall say that many of these impropriations are annexed and appropried as Prebends for the provision of some of the Prebendaries of the same great Churches and that the same Prebendaries in the right of their Prebends bee the lawfull Rectors of the Churches appropried and have curam animarum in the same Parishes then we must instantly againe pray the King that those Prebendaries by some wholesome law may be constrained to reside and to incumb upon their said Prebends and Parochiall Churches and that by continuall preaching of wholesome doctrine they may endeavour to cure the soules of the people over whom by the order of those great Churches they be set and over whom they have taken charge And withall that they may no more be suffered to ly and to live idely in their Cloysters in their caves and in their dens sometimes at Worcester sometimes at Hereford sometimes a Gloucester sometimes at Salisburie sometimes at Westminster sometimes at Southwell sometimes at Windsore sometimes at Pauls sometimes at Oxford and sometimes at Cambridge When in the meane while both seldome and very slenderly they feed other sheep whose fleeces they take in and about London Winchester Tukesbury Reading and other places of the Countrey Besides wee pray that these prebends after the determination of Leases now in being may never any more bee let to farme so that the fruits thereof may serve for those Prebendaries or other succeeding Ministers to make Hospitalities Almes and other works of Charitie If it be alledged that the king now having first fruits Tenths and Subsidies out of the impropriations of those great Churches as being all comprised under a grosse summe of the Tenths payable for the whole revenues of the same Churches should lose the first fruits Tenths and Subsidies of the same impropriations if hereafter they become either donative or presentative to this the answer is readily made viz that Tenths first fruits and subsidies might as well be paid then as now And that the King might then aswell have right to the donation of the benefice disappropried as the Bishop now hath the gift of the prebend appropried In the next ranke cometh commutation to be spoken of Wherein because the impropriations of Parochiall Churches appertaining now to the King Nobles Commons Colledges Schooles Bodies
law that all and every impropried Church and Churches with their glebes tythes and other fruits after the determination of the leases now in being should bee demised and set to farme onely to the incumbent Ministers of the same Churches for terme of their naturall lives if so long they did continue resiant and faithfully preach in the same Churches the doctrine of the Gospell according to the articles of Religion concerning Faith and Sacraments by publike authoritie now established in the Church of England And because by likelihood the Vicars will not be able to pay fynes or incomes unto the Colledges Hospitals and other places and because also it seemeth reasonable that the Colledges Hospitalls and other places by some other meanes should be recompenced wee leave it againe to be considered whether it were not convenient that the Vicars in consideration of non payment of fynes should yeeld in money corn or other provision to the double or treble value of the ancient and unimproved rents For men experienced in these affaires of this life know that the profits arising out of Churches appropried unto the farmours thereof are commonly six eight or ten times more worth by just estimation than are the old rents payable unto Colledges Hospitalls and other like places And thus wee see how together with the bringing in of these things which are required to bee planted in the Church impropriations may stand as mens lawfull possessions and heritages or otherwise how without damage or hurt to the King or Realme they may be converted to the use and provision of the Ministers whatsoever hath beene insinuated by the Admonitor to the contrary And yet doe I not in any of these things or of any other thing first or last spoken or to be spoken desire mine owne advice and judgement so to be respected as though I should arrogate unto my selfe more knowledge than all others which labour in the cause of reformation but onely I submit these my private meditations with their reasons to the censures of all wise godly and learned men Humbly praying them so to bestirre their owne wits and so to bestow their owne cunning and learning that a better and more easier way by their ingenuousnesse may be found out and procured to take place And in the meane season that these motions tendered to their views may not altogether be neglected but duely weyed and considered Especially for that I have not tendered any other thing to be performed by any of these meanes unto any other than such as whereunto I my selfe to my power yea and beyond my power as far as in me lyeth shall be ready to yeeld And howsoever the Bishops and other great Clergie Masters with their stately favourites may pretend some part of this device to bee an hinderance of learning and other some part not to be for the Kings profit yet to the first we answer briefly that learning is not so much furthered by a few great rewards provided for a few great learned men as it is by many good rewards appointed for many good learned men as hereafter more at large in a more convenient place is declared Touching the Kings profit we affirme that it is not only most profitable but also most honourable for the King to have a multitude of loyall vertuous and godly subjects And that such manner of subjects can by no meanes better bee procured than by a continuall preaching Ministerie of the Word to be planted in every parish of the Kings Realmes And because no man better knoweth the recyprocall duties betweene a Christian King and Christian Councellers we leave the discerning of the spirits of these profit preachers to the tryall and judgement of the most Christian King whom if hee shall finde either by flatterie to fawne upon the Kings profit or by labouring to keepe the King in a good opinion of things amisse wee most humbly beseech the King to accept them and reward them for such as could wish in their hearts the king should rather bee impoverished by having many bad and unprofitable subjects than that themselves would not be inriched by enjoying many good and profitable impropriations As for the Lawes whereby patronages do stand as mens lawfull possessions and inheritances which as the Admonitor saith must also be taken away how the same lawes may still endure or by consent of patrons bee altered without their dammage if God permit when we come to speak of the clections of Ministers wherein the reformers are charged with the burling and thrusting out of Patrons shall be declared ADMONITION The Lawes of England to this day have stood by the authoritie of the three estates which to alter now by leaving out the one may happily seeme a matter of more weight than all men doe judge it ASSERTION Not to stand upon termes with the Admonitor that the lawes usually called the common lawes of the land being meere customarie lawes did never yet stand by the authoritie of the three estates I will The bringing in of the discipline by pastours and elders is not the leaving out of parliament any one of the three estates take his meaning to bee that the statute lawes of England to this day have stood by authoritie of the three estates which to alter now by leaving out the one c. and then hereunto I answer that not any one of the three estates should be left out or barred from having authoritie in making and promulging statute lawes though the government of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this manner of government to be planted are so farre from exempting or excluding any one of the three estates from their ancient power priviledge and preeminence in the making of statute lawes as that wee pronounce him to be 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 only wholly and altogether to the three estates as well to roote out and to pull up whatsoever government is not justifiable by the holy law of God as also to plant and to settle whatsoever discipline is warrantable by the same law And to speak as the thing is how were it possible to have the discipline by Pastors and 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 ever consent to the bringing in of such a government of the Church as whereby the same governement being once brought in the same estate should ever after wards cease to be any more an estate Besides we acknowledge that all powers are of God and therefore every one of the three estetes being a power we grant that the same hath his stateship by the authoritie of God And if all the three estates be lawfull by the holy law of God how can it bee verified
that the King chiefly desiring to sustaine the people in tranquillitie and peace and to governe according to the lawes usages and franchises of his land by the assent and expresse will and accord of the Dukes Earles Barons and the Commons of his Realme and of all other whome these things touched ordained that all they c. By which desire of the King and words of the Act wee learne that our soveraigne Lord King Iames may sustaine his people The king with the assent of the nobles and commous may repeale statutes without consent of prelates 25 Ed 3. in tranquillitie and peace and governe according to the lawes usages and franchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of any statute in Parliament Nay such hath beene and yet is the power of the King that with the assent and accord of the Nobles and Commons he hath authoritie to adnull and make voide even those Acts which in favour of Prelacie and assent of Prelates have beene enacted in Parliament As by an Act made in the time of King Edward the third is plainly to be seene For whereas the King by assent of the Prelates Earles c had willed and granted for him and for his heires certaine articles firmly to be kept and holden for ever namely that the Ministers of holy Church for money taken for redemption of corporall penance nor for proofe and accompt of Testaments nor for solemnitie of Mariage c. should not be impeached c. before the Kings Justices neverthelesse the same king in the same yeare with assent of the Earls Barons and other wise men of the Realme and without assent of Prelates revoked and adnulied the same articles againe Again king Richard the second hearing the complaints of his faithfull leige people and by their clamour in divers parliaments of divers abuses crept in against the solemne and devout ordinations of Churches c at the request and complaint of the commons by the advice 3 R. 2 c. 3. 7 R. 2 c. 12. and commonassent of the Lords temporall without mention of any Lords spiritual is said to have ordained That none of the kings liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of the same kings raign it is especially provided that the appeals pursuits c. made and given in the same parliament be approved affirmed and established as a thing Act. Mo. R. 2. duely made for the weale and profit of the king and of all the realm notwithstanding that the Lords spirituall and their procurators did by protestation absent them out of the Parliament at the time of the said judgement given And the like protestation being made by the Prelates and Clergie at a Parliament holden the third yeare of the same king it was replyed for the king that neither for their said protesttation The king bound by his oath to do his laws to be made though prelates protest against him or other words in that behalfe the king would not stay to grant to his Justices in that case and all other cases as was used 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 Sun shining at noon day that the Lords spirituall be so farre from making any one of the three Estates as that if it please the king they may not bee 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 number than the Lords temporall had beene but such principall members of the high estate of Parliament as without whom neither law could The Lords spiritual no principall members of the parliaâ—ent otherwise than as the King pleaseth have beene made Monasterie nor Priorie might have beene dissolved what could the king have done as head and the Commons have done as feet and the Nobles have done as the heart the Liver and the Longs to the dislording and discloystering of the Abbots and Priors the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their hands and with their hornes had heaved and shoved and pushed and thrusted to the contrary But to come nearer unto our owne times and remembrances if it cannot be proved that above one Lord spirituall was present in parliament and gave any assent to the enacting of statutes made in the first yeare of the Queenes Majesties raigne deceased but that it bee a No Lords spirituall present in parliament 1 Eâ— cleare case that the ancient jurisdiction preeminences rights and priviledges of the kings Crowne were restored that poperie and superstition was banished and the doctrine of the holy Gospell harboured only by the Queene the Lords temporall and commons what more plaine evidence or better prooâ—e can there be that the Lords spirituall by any necessitie be neither principalls nor accessaries neither branches nor buds nor any essentiall member of the house of Parliament And of this opinion are the soundest Historians and sincerest Divines of our age In the fifteenth yeare of King Edward the third saith Master Fox divers petitions being put up in Parliament against provisions comming Act. Mâ— fol. 320. from Rome the Kings answer and agreement was made in form following viz. It is agreed by the Kings Earles Barons Justices and other wise men of the Realme That the petitions aforesaid bee made in sufficient forme of law Where it is to be noted saith hee that at the grant hereof the consent of the Bishops is neither named nor expressed with the Lords of Parliament and yet the Parliament standeth in his full force notwithstanding At an other Parliament Act. Mo. 525. saith he William Wicham Bishop of Winchester for a slanderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falshood was so by the Duke of Lancaster pursued that by act of Parliament he was condemned and deprived of all his temporall goods And this seemeth to have beene done saith Master Fox without assent and against the wills of the Lords spirituall for afterward at an other Parliament great suite was made by the Clergie for deliverance of the said Bishop and being asked a subsidie in the Kings behalfe with great lamentation they complained for lacke of their fellow and brother of Winchester and denyed to joyne themselves in any tractation of any such matter And in another Parliament holden at Yorke in the sixth yeare of King Edward the third all such Act. Mo. 519. lawes as then passed and were concluded by the King Barons and Commons were good notwithstanding the absence or malice of the Lords Spirituall For it is recorded saith he that onely the Archbishop of Yorke the Bishop of Lincolne and the Abbots
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs 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 Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
distinction of the seaventie Disciples from the rest And lastly against the cursing and fighting of the late Bishops of Rome till excluding both 359. Prince and people from yeelding his consent or making their request they had reduced the election wholly to the clergie hee telleth them by 339. their leave it was not so from the beginning From all which sayings of Master Bilson I conclude thus Whatsoever is right lawfull and free by the law of God whatsoever standeth upon the grounds of reason and nature whatsoever is derived from christian equitie and societie whatsoever is from the beginning and was left by the Apostles to the church at Ierusalem â—he same ought still to remain and must be kept inviolable in the church But the peoples interest to choose their Pastor is right is lawfull is free by the law of God standeth upon the grounds of reason and nature is derived from Christian equitie and societie is from the beginning and was left by the Apostles to the Church at Ierusalem Therefore the pe oples interest to choose their Pastour ought still to remaine and must be kept inviolable in the Church The whole proposition and every part thereof together with the assumpt and every part thereof is drawne from M. Bilsons owne confession Only to the proposition hee hath annexed certaine conditions or exceptions viz. Vnlesse by law custome or consent the people have restrained themselves or transferred or altered their right or else by their default or abuse the canons councels superiour powers princely or publike lawes have abridged altered or abrogated the same Now then it remaineth to know whether any consent default abuse custome canons councels superiour powers publike or princely edicts may be a good and sure warrant to abridge transferre or abrogate the peoples interest from having to do in the choice of their Pastours Our Saviour Christ when he came in the flesh he came to reforme the abuse crept in of the Law and to improve the corruptions of doctrine taught by the Scribes Pharisees and Doctors of the Law but hee tooke not away any least tittle of the Law ne abolish any jot of true and sound doctrine in the Church The Gospell teacheth us to order our judgements aright to bridle the unrulinesse of our affections and to moderate our inordinate appetities But yet doth not the same command us to empty our soules of all judgement to bury our affections in our bellies and to become as dead as stones without all Canons and Councels c may bridle disoâ—dered elections but not disannul elections of the people altogether sense or appetite In like sort we grant that custome consent Canons Councels Superiour powers publike and princely lawes may reâ—orme reprove restraine direct moderate and bridle the disordered unrulinesse and contentious brawlings of the people in and about their elections yea and we grant further that they may alter abridge or enlarge the forme and manner of elections All this we grant but that Christian Kings or any superiour powers may take this right into their owne hands as hee saith from the people or that the people by any law custome consent canon or councell may transferre or abolite their right fâ—eedome and interest given and deduced unto them â—y these rules and by these grounds I doe not yet perceive any good ground oâ— reason for the same For in so doing how should the holy wisedome and providence of God who hath imprinted in our nature these rules and these grounds this equitie and this freedome be so holily regarded and so highly reverenced as it ought to be For hath he made us freemen and can we without contempt of this grace become bondmen And albeit in some cases that may be well said quod volenti non fit injuria and that quilibet potest recedere a suo jure yet the cases must be such as a mans willingnesse and reâ—dinesse to forgoe his right be not tyed to him with so strong a band as is the band of the grounds of reason and nature of the rules of Christian equitie and of the freedome of the law of God It is free I grant for a man to eate or not to eate to drinke or not to drinke but for a man not to eate at all or not to drinke at all and so with hunger and thurst to sterve himselfe is not free and in this case volenti fiâ— injuria Every man that hath a wife that hath sonnes and daughters that hath men-servants and maid servants as by the very instinct of nature and by the equity of the Law of Christ he hath freedome to provide for them so must he carefully use this his freedome And therefore hee may not wholly and altogether put â—rom himselfe and expose at hap hazard the provision education instruction dieting apparelling and lodging of his wife his sonnes his daughters and his servants unto strangers neither may husbands fathers nor masters give their consent to the making of any law or the bringing in of any custome whereby their freedomes should be restrained adnihiled or made void in this behalfe For by thus violating the rules and grounds and by thus treading as it were under foot the equitie of Christ and the freedome they have by the law of God should they not most profainely and impiously despite God and as it were overturne the whole order he hath set in nature And if the people may not cast off these rules and these grounds this equitie and this freedome in things appertaining to the frail bodily transitorie and earthly life how much lesse may they cast them off or set little by them in things appertaining to the salvation of their soules and to a durable spirituall everlasting and heavenly life But the peoples right to choose their Bishops did never depend Objection that the peoples right did never depend upon thâ— expresse commandement of God upon the expresse commandement of God neither can the people challenge by Gods law the right to choose their Bishops I meane saith he no such thing is expressed and contained in the Scriptures What then if it doe depend or bee contained under the generall grounds and rules of reason nature christian equitie christian societie principles of humane fellowships the law of God the practice of the Apostles and that which was from the beginning Is it not sufficient Though it be not expressed in these termes viz. That the people must choose or that the people have right to choose their bishops it is not expressed and contained in the Scriptures that every man must choose his owne wife or that every woman must choose her owne husband And yet by the doctrine expressed or contained in the Scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that every man hath right to choose his owne wife and everie woman right to choose her owne husband Againe it is not expressed
and contained in the Scriptures that infants must bee baptized neither is it expressed and contained in the Scriptures that the bishop of Lichfield must have but one wife Yet because it is contained in the Scriptures that God in the beginning brought but one woman unto one man and gave to one woman but one husband I assure my selfe it will not be denyed but that the bishop must and doth content himselfe with one wife and that every Christian ought to bring their children to be baptized Besides if Master Bilson distinguisheth bishops in England from pastours in England and Archbishops in England and Pastors in England two severall orders and degrees of Ministers in the Church of England then I grant that it is neither expressed nor contained in the Scriptures that the people must choose their bishops in England And why but because the Scriptures having put no difference betweene bishops and pastours know no such bishops as we have in England And therefore bishops Bishops in England are only Bb. by the Kings grace and not by divine institution in England being bishops only by the Kings grace and not by divine institution and ordination as pastours in England be hence is it that the Kings of England by their prerogative Royall and not the people by the rule of Scriptures have chosen their bishops in England And for this cause also was it that K. Hen. 8. with advice of the Parliament did resume the nomination appointment investiture and confirmation of his Kingly bishops from the pope As for the nomination of pastours having cure of soules in parishes otherwise than all patrons by right of patronage doe give presentments their choise institution translation oâ— deprivation the Kings of England by their Pastours in parochiall Churches were never placed by the King as Bb. are in their Bishopricks regall power never yet hetherto tooke the same upon them And if the Kings of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their pastours what right other than by usurpation can the bishops have to impose or thrust upon the people pastours without their liking But by custome and consent the people have restrained themselves Hereunto if it were not alreadie sufficiently answered that the people could not lawfully restraine themselves yet Master Bilson himselfe answereth That the late bishops of Rome never left cursing The people lost their consent by cursing and fighting of the Popes and fighting till they had excluded both prince and people and reduced the election wholly to the Clergie By cursing and fighting then have the people beene overruled and excluded and not by custome or consent have they restrained themselves Yea and by vertue of this cursed fight only doe the Bishops of England at this day exclude both Prince and people from medling in the choise of pastours For by authoritie of the canon law made by those late cursing and fighting Bishops of Rome the bishops of England have the sole ordination and placing of pastours over the people And from hence also it is plaine that the peoples right was not by their default or abuse relinquished and forfeited For then the late Bishops of Rome needed not to have cursed and fought for it And now whether it be not meet that the Lord Bishops professing themselves to be Christian bishops should still retaine in their hands and not restore unto Christian people the possession of their Christian equitie and freedome extoâ—ted from them by the cursings and fightings of antichristian Bishops I leave it to the consideration of the reverend bishops themselves Touching the mischiefes and inconveniences of schismes troubles strifes and contentions so often inculcated and so much urged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any ancient or late historie that any king or Soveraigne power hath interposed any supreme authoritie to appease any discord or dissention ensuing or raised upon the bare choise made of any meere parochiall pastour by any faithfull and christian people The schismes strifes and factions that were raised in the old churches sprang out and slowed onely Schismes and contentions spring from schismaticall and proud clergie masters from the heads and fountaines of those schismes strifes and factions and namely from proud ambitious and hereticall bishops and great clergie masters For they being infected and poisoned with the contagion of schisme and heresie and having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no marvaile if the people became followers of the evill manners of their teachers and no marvaile if they verified the proverbe Like master like man like Priest like people Eustatius Bishop of Antioch being a Sabellian heretike was deposed by the Councell of Antioch after whose deposition a fierie flame of sedition was kindled in Antioch Socr. 1. c. â—â— 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 being both Arians with their confederates raised skirmishes and tumults against Athanasius after the death of Alexander bishop Socr. l. 2. c. 2 of Constantinople about the election of a bishop there was greater stirre than ever before time and the Church was more grievously turmoyled The people were devided into two parts the one egerly set with the heresie of Arius clave to Macedonius the other cleaved very constantly to the decrees of the Nieene Councell and choose Socr. l. 2. c. 4 Paulus to be their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was charged with the studie of the Mathematickes and accused of Socr. l. 2. c. 6 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 authors and chiefe doers in that stirre were certaine Arian bishops who before aided Eusebius that turned up side downe the whole state of the Church These Socr. l. c. 9 and sundry such like sturres discords factions and dissentions are found to have beene raised and pursued by schismaticall and hereticall bishops their favourites and followers in the old Churches but that these or the like mischieves and inconveniences can be proved to have fallen out by the election of Parochiall pastours in the old Churches we deny And why then should not the interest and freedome of faithfull and 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 intreat the Lords bishops that against the grounds of reason and nature against Christian equitie A â—equest to the â—everend
bishops and societie against the right and freedome of the law of God against the principles of humane fellowships against that which was in the begining 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 henceforth barre and seclude the Kings Christian and faithfull people from giving their consents unto their pastours Yea and we further beseech their Lordships that are schollers unto the Apostles and as servants unto the old 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 longer persist in a cursed and quarrelling way which is the new way and the worst way But if the Lords spirituall of their own accord shal not readily vouclsafe to yeeld unto us this our right at our intreatie then for my part I will briefly shew mine opinion what were expedient for the A supplieation to the king by the Lords and commons for the restitution of their right in the choice of their pastors Lords and commons in open parliament dutifully to pray and to supplicate at the Kings Majesties hand Namely At the humble petitions and supplications of all his Lords temporall and commons in Parliament assembled his majestie would bee well pleased to give his Royall assent to an act to be intituled An act for the restitution of the ancient right and freedome which the people of God in the old Churches had and which the people of England ought to have in to or about the election of their Pastours and abolishing all papal power repugnant to the same For if as it is plainly confessed the people of all Churches have 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 fellowships 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 have beene taken away by the cursings and fightings of the late Bishops of Rome then cannot the people without violation of those lawes rules and grounds by any Episcopall power be any more excluded from their said right and freedome than could or might the ancient jurisdiction of the Crowne of England have beene still usurped by the pope from the Kings of England ADMONITION But alas the common people of England thorough affection and want of right judgement are more easily wrought by ambitious persons to give their consâ—nt to unworthy men as may appeare in all those officâ—s of gaine or dignitie that at this day remaine in the choise of the multitude ASSERTION The Admonitor in one place of his admonition telleth us that he must not put all that he thinketh in writing and yet he writeth in this place that thing which might far better have been utterly unthought than once written for could he thinke to win the common people of England to a continuall good liking of high and stately prelacie by upbraiding and charging them to their faces in a book dedicated unto them with affection and wanting of right judgement Was this the way to procure grace favour and benevolence at their hands And albeit this slander deserved rather to have beene censured by the Commons in Parliament than by confutation to have beene answered yet for the better clearing of the right judgement of the common people giving their consents to most worthy men in all offices of gaine or dignitie remaining in their hands I thinke it necessarie to shew the indignitie of this contumelie There be I confesse in London Yorke Lincoln Bristow Exceter Norwich Coventry and other principall Cities and townes corporate Majors Sheriffes Stewards Recorders Bailiffes Chamberlains Bridge-masters Clerkes Swordbearers Knights Burgesses and such like offices some of dignitie some of gaine but that the officers of these or any other places whether of dignitie or gaine be chosen by the multitude of those places is utterly untrue for onely according to their ancient customes priviledges and Charters by the chief Citizens Townsmen and Borough-masters are those officers chosen The number also of which Electors in all places is not alike In London the Aldermen choose the Lord Major In other Cities and Townes sometimes eight and forty sometimes fourteene sometimes twelve sometimes only such as have borne office as Majors Sheriffes and Bailiffs in the same places nominate and elect their new Major Sheriffs and Bailiffes But that the Aldermen principall Towns-men Borough-masters and men having born chief offices in those cities towns and boroughs have easily been wrought by ambitious persons to give their consents unto unworthy men though it have pleased the Ll. Bb. with seene and allowed to have spred and published this saying yet that the same saying is wholly unworthy of any credit to bee given unto it or to bee regarded of any wise and indifferent man let the sober and peaceable elections made of the worthies of the land hereafter mentioned be witnesses The officers in Cities and townes corporate chosen with out contention and ambitious working of unworthy men And to leave to speake of the election of the Lord Major of the Citie of London Sheriffs Aldermen Wardens of companies Chamberlains bridge-masters and other annuall officers of honour and dignitie let us consider whether the Citizens of London have beene wrought by ambitious persons to choose M. Wilbraham M. Onslie M. Bromley to be their Recorders â—ll three afterward the Queenes solicitors and M. Bromly Lord Chancellor of England and let us consider whether the same Citizens as men of affection and want of right judgement did elect to be Recorders of the same Citie M. Serjeant Fleetwood Master Serjeant Flemming Master Serjeant Drue and how Master Crooke a man wise learned and religious and a Counseller and justicer within the principâ—litie of Wales The Recorder of the towne of Bedford is the right honourable the Lord S. Iohns of Bletsoe The Recorder of Bristoll was a long time Master Poppam now Lord chief Justice of England The Recorder of Northampton before he came to be Judge in the Kings bench was Master Serjeant Yelverton a favouter of the truth and an upright Justicer The Recorder of Warnick was Master Serjeant Puckering afterward Lord keeper of the great seale And of the same towne the Recorder now is a worthy Knight descended from a noble house Sir Foulke Grevile The Recorder of Coventrie is Sir Iohn Harrington Knight a man zealous for the true feare of God The Recorder of Chichester was M. Serjeant Lewkner now chiefe Justice in the principalitâ—e of Wales The Recorder of Norwich was Master Cooke the Kings Atturney generall And who soever shall enquire after the names and after the manner of election