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
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
in the same Sea for anie other profitable vse or purpose then onely for wearing of a whyte rochet walking with a pastorall staffe keeping seuen yeares Sabboth from preachinge in his parishe Church of Fulham consecrating of Chappels hallowinge of Fontes Christening as they call it of Belles whyting of Walles painting of Tombes garnishing of Sepulchres preserving of superstitious Monumentes in glasse Windowes repayring and gylding rotten and outworne Crosses confirming Leases of Benefices with cure of soules vpon small rentes improprying Churches or such like For if the great thinges of his Episcopall power may bee transferred eyther by expresse or by secret consent eyther by commission or custome and that as well to an inferiour as to a superiour as well to a Suffragane a Deane an Archdeacon and a Prebendarie as to an Archb. then it seemeth reasonable that the smaler things before spoken of may well bee performed without anie Lordly authoritie When I had thus finished according to our line that whiche I firste vndertooke against the Admonitors pretensed dangerous alterations innovations and inconveniences was also purposed to haue added that which in myne opinion seemeth to prove that whiche the Admonitor by his opinion denyeth viz that the externall goverment of the Church should alwayes and in all places bee one when I saye I had thus purposed by reason of some other present and for the time more necessarie occasion I was drivē to alter my mind and to shewe the same in a place somewhat more convenient And yet in the meane whyle it shall not be amisse but a thing verie necessarie in this place so to cleare the state of the question betweene the Admonitor and mee as the same beeing rightlie before hande vnderstoode there might no preiudicate opinion bee conceaved against the trueth The Admonitor against the not having of one forme of externall policie in all ages and states of the Church of Christ alleadgeth that in Denmarke they haue Bishoppes both in name and in office that in Saxony they haue Archbishoppes and Bishoppes in office but not in name that in Tigure they haue no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneua in Scotland in other places they haue a gouernment not much vnlike that platforme which is desired to be amōg vs that in Saxonie Basill they kneele at the Lordes Supper all Tigure they sitt it is brought vnto thē that in other places they go and receyue it for the more expedition as they passe And that he doubteth not but that the learned men whom God sent to instruct those churches in which the Gospell in those dayes was first receyued haue bin directed by the spirit of God to reteyne this libertie that in externall gouernment and other outward orders they might choose such as they thought in wisedom and godlines to bee most convenient for the state of their countrey and disposition of the people Vnto all which we answere briefelie viz. that Bishoppes both in name and in office beeing of diuine institution ought aswell to bee in the Church of England as of Denmark that it is an errour by their leaue in the Church of Saxony not to haue Archb. and Bb. in name if so be they hold it lawful to haue Archb. and Bishops in office For what should a necessarie officer doe without a conuenient name And touching the Church of Tigure it is not materiall what the same church doth thinke not tolerable or doth more mislike but what shee ought not to mislike or what it ought not to think tollerable And thē what a poore proofe is there here made trowe we for the confirmation of the corruptions in the Church of England by producing for two witnesses two erroures in the Church of Tigure For not to like a Senate of Elders and more to mislike excommunication is more and more to slide out of the right way And sithence we haue the whole christian Kingdome of Scotland the most famous and renowmed Church of Geneua and sundrie Churches by his confession in other places to be lights vnto vs and to agree with vs in a gouerment not much vnlike to that which we desire wee haue not only great cause to reioyce in this our desires but also to be much comforted and encouraged by these examples by all holie meanes to labour the full accomplishment thereof For by this testimony by these instances giuen produced by him selfe the Admonitor hath quite and cleane weakened and disabled his owne generall position opinion and thoughts of the vnnecessaries and inconvenientnes of hauing the Apostolicall and primitiue gouernment in the time of peace vnder a Christian Magistrate For hath not the free Kingdome of Scotland the free Citie of Geneva and other Soueraigne and free Princes Potentates and Powers not being vnder Tyrantes and persecution receaved the same as being the best the fittest the convenientest most necessarie gouerment yea even in the time of peace and vnder their christian Magistracie for the state of their countrey and disposition of their people And as touching rites ceremonies we affirme not that every rite ceremonie or circumstance to be vsed in the externall execution of church goverment is preciselie sett down in the holy Scriptures but touching the substance of goverment thus we say and thus we hold viz. that the Officers and Governours appointed by our Saviour Christ to bee over the Churches in everie Countrey observing the generall rules of decencie comelines and edification haue libertie with the consent of their Christian King or other supreame Magistrate to choose what rites ceremonies they in wisedome and godlines shall thinke most convenient And therefore wee graunt that the officers of Christ in the vse and dispensation of their functions are no more exactlie tyed by any direct commandement in the holy Scriptures to vse at all times and in all places one only maner of rites ceremonies then were the Priests of the law to vse all one maner of kniues to kill their sacrifices or the singers to sing all songes after one maner of tune or vpon one kind of instrument or then are Kinges Princes in all Countreys commanded to vse all kind of circumstances in the outward execution of civill iustice in their common weales As then as it was lawful for the Priests to haue kniues and trumpets of divers fashions and for the Levites to haue their Musicall instrumentes of divers formes Nay as sundrie Iustices of peace in sundrie Shires of the Kingdome are not bound to keepe their quarter sessions all in one day to begin to breake their sessions at one instant to stande to sit to walke when soever they speake to weare all one fashion hates cappes cloakes or gownes and such like so likewise is it with the Bishops Pastoures and Elders of the church In the ministration of Baptisme there is no direct cōmandment that the vessel to hold the water for 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
if it may please him so to provide by Parleament may giue remedie vnto complaynants by writts out of the Chancerie and that complaints in such cases may effectuallie be redressed vpon such writts in the Kings Courts And if also sundrie matters of Tythes Testaments and Mariages be alreadie handled in the Kinges Courts if these things I say be so and so may be then with litle reason did the Admonitor warne vs that a verie great alteration of the common law must follow and that it will be no small matter to applie these things to the temporall law But the antecedent is true as hath bene alreadie shewed Therefore the consequent is true Admonition Iudgementes also of adulterie slauÌ„der c. are in these mens iudgmentes Pag. 78. mere temporall and therefore to be dealt in by the temporall Magistrate onely Assertion We are in deed of this iudgemeÌ„t that in regard of the Kinges Royall Office these iudgements of adultrie and other criminall causes comprised within this clause c. ought no more to be exempted from the Kings temporall Courtes then matters of theft murther treason and such like ought to be And for the mayntenance of our iudgementes wee affirme that there is no crime or offeÌ„ce of what nature or qualitie soever respecting any commaundement conteyned within either of the two tables of the holie law of God if the same bee nowe corrigible by spirituall power but that some fault and contempt one or other of the like nature and qualitie as comprised vnder the same commandement hath bene evermore and is now punishable by the Kings Regall and temporal iurisdiction For adulterie as the same is to be censured by penance in the Ecclesiasticall Courtes so is ravishment also buggerie sodomie to be punished in the Kings Court by payne of death And as hath bene accustomed that Ordinaries by ceÌ„sures of the Church may correct fornicators so fornication also as in some bookes written of the common lawe is reported hath bene in times passed presented and punished in leetes and Law-dayes in divers places of the Realme by the name of Letherwhyte whiche is as the booke saieth an auncient Saxon terme And the Lord of the Leete where it hath bene presented hath euer had a fyne for the same offence By the statute of those that be borne beyond the Seas 25. Ed 3. it appeareth that the Kinge hath cognizance of fome bastardie And nowe in most cases of bastardie if not in all by the statute of Eliza. the reputed father of a bastard borne is lyable to bee punished at the discretion of the Iustices of peace Touching periurie if a man loose his action by a false verdict in plea of land Periurie if punishable temporallie in some cases why not in all he shall haue an attaynt in the Kinges Court to punish the periurie and to reforme the falsitie And by divers statutes it appeareth that the Kings teÌ„porall Officers may punish periurie committed in the Kings teÌ„poral Courtes And though it be true that such periurie as hath risen vpon causes reputed spirituall haue bene in times past punished onlie by ecclesiasticall power and censures of the Church yet herevpon it followeth not that the periurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civillie punished By a statute of Westminster 25. Ed. 3. it was accorded that the King his Vsurie heyres shall have the cognizance of the vsurers dead and that the Ordinaries haue cognizance of vsurers on lyfe to make compulsion by censures of the Church for sinne and to make restitution of the vsuries taken against the lawes of holy church And by another statute it is provided that vsuries shall 20. H. 3. c. 5. not turne against any being within age after the time of the death of his Auncestoure vntill his full age But the vsurie with the principall debt which was before the death of his Auncestor did remayne and turne against the heyre And because all vsurie being forbidden by the law of God is sinne detestable 13. Eliz. c. 8. it was enacted that all vsurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that everie such offendor shal also be punished corrected according to the Eccle. lawes before that tyme made against vsurie By al which statutes it seemeth that the cognizance reformatioÌ„ of vsurie by the lawes of the Realm partayneth onlie to the Kinge vnles the King by his lawe permit the Church to correct the same by the censures of the church as a sinne committed against the holy law of God Touching heresies and schismes albeit the Bishoppes by their Episcopall Heresies schismes are punishable by the Kings lawes and ordinarie spirituall power grouÌ„ded vpon canon lawe or an evill custome have vsed by definitive senteÌ„ce pronouÌ„ced in their Consistories to condemne men for heretickes and schismatickes and afterward being condemned to deliver them to the seculer power to suffer the paynes of death as though the King being custos vtriusque tabulae had not power by his Kinglie office to enquire of heresie to condemne an hereticke to put him to death vnlesse he were first condemned delivered into his hands by their spirituall power although this hath bene I say the vse in England yet by the statutes of Richard the second Henrie the fift it was lawfull for the Kings Iudges and Iustices to enquire of heresies and Lollardes in Leetes Sherifes turnes and in Lawdayes and also in Sessions of the peace Yea the King by the common law of the Realme revived 25. H. 5. c. 14. by an Act of Parleament which before by the Statute of Henrie the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of Englande the Kinge by the lawes of the Realme and by his Supreame Soveraigne power with his Parleament may correct redresse and reforme all such defaultes and enormities Yea further the King and his Parleament with consent of the Cleargie in their Convocation 1. Eliz. ca. 〈◊〉 hath power to determine what is heresie and what is not heresie If then it might please the King to haue it enacted by Parleament that they which opiniativelie and obstinatelie hold defende 1 Eliz 〈◊〉 1. and publish any opinions which according to an Act of Parleament alreadie made haue bene or may bee ordered or adiudged to be heresies should be heretickes and felons and their heresies If it please the Kinge heretickes may bee adiudged felons and hereâ—ies felonies to be felonies and that the same heretickes and felons for the same their heresies and felonies beeing araigned convicted and adiudged by the course of the common law as other felons are should for the same their heresies felonies suffer the paynes of death
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
notwithstanding our Soverayno Lord King IAMES the King of Scotland had gratiouslie written for his deliverance And how theÌ„ would the Admonitor haue the people coÌ„tented with such a moderation of Ecclesiasticall discipline as the Ecclesiasticall Commissioners many times vse For did he think that everie manner of discipline vsed by the high Commissioners can not be but a verie good moderation Why then let some of the CoÌ„missioners tell the people whether the Ecclesiasticall commissioners An oath tendered by the Ecclesiastic Commissio vnto M. Vdall in case of fellony vsed a very good moderation manner of Discipline Ecclesiasticall against the same Master Vdall when they tendered vnto him a corporall oath to haue appeached him selfe vpon a matter which was adiudged to be felonie or let them declare what a very good manner of discipline Ecclesiasticall certeyne Ecclesiasticall Commissioners vsed when hauing a Gentleman before them wearing long hayre they constreyned the same Gentleman by force and stronge hande to haue his head notted in their presence The wearing of long hayre by our lawes being not reputed an Ecclesiasticall crime no although the same be worne by attendants vpon the reuerend Bb. wayting on their trenchers Or lett them signifie vnto vs what a good manner of discipline and moderation it was for a Bb. and his associates to make an act in the high commission Court repugnant The Minister authorized to put sacramental bread into the mouth a of communicant to the institution of our Saviour Christ and contrarie to the order appoynted by the booke of common prayer that the Minister should put the sacramentall bread into the mouth of a superstitious communicant and not deliver it into his handes After our heartie commendations sayth the Bb. his associates whereas I. V. one of your charge hath bene often convented before vs her Maiesties Commissioners in causes ecclesiasticall for not receyving the holy Communion it seemeth vnto vs that he hath not of any contemptuous minde refrayned from the same but is willing to receyue it so hath bound him selfe saving that he hath a scruple in his minde by reason of a fond vow or promise he made long agoe wherof he is sorie never to receyue the Sacrament into his hande but to put it into his mouth by the Minister And therefore we pray you to beare a time with his weaknes permit him to receyue it in that sorte vntill by your good counsell and persuasion he may be reduced from that fond scruple And so we bidde you hartely farewell Your louing friends c. And seeing the Admonitor hath opposed a very good maner of Discipline Maister E. excommunicated by the high Commissioners most wherof were lay men by the Ecclesiasticall coÌ„mission against excommunication it seemeth that excommunication in his iudgement is no good or moderate discipline to be vsed by the Ecclesiasticall Commissioners And theÌ„ were it fitt that the people were resolved what a veâ—â— good manner of Discipline Maister D. W. and other Ecclesiasticall Commissioners vsed against Maister E. whom by vertue of the ecclesiasticall commission they excommunicated The tenor of whiche excommunication taken out of the Register at L. followeth In Dei nomine Amen Nos I. W. sacrae theologiae Doctor c. Cancellarius ecclesiae c. M. A. M. Armigeri M. H. civis civitatis c. Commissarij rite legitime procedentes I. E. de B. L. Dioceses ad hos diem locum legitime peremptorie citatum praecognizatum diuque expectatum nullo modo comparentem pronunciavimus coÌ„tumacem in poenam contumaciae suae huiusmodi eum excommunicavimus in hijs scriptis T. Concordat cum Regio Moreover it seemeth not an vnmeete thing that some ecclesiasticall Commissioners did make knowne vnto the people whether banishment be an ecclesiasticall discipline and what moderate discipline Ecclesiasticall the CoÌ„missioners vsed when they banished religious Maister Fullerton the Scott from dwelling at Warwicke or within certeyne myles thereof Or let theÌ„ informe the Realme what a very good moderation was vsed when by the Ecclesiasticall commission Authoritie committed to pursevaÌ„ts by the ecclesiastical commissioners for suppressing of Martines bookes and other bookes of argument against the Hierarchie they authorized drunken swearinge pursevantes to search mens houses to break vp their chestes c. the copie of which their letters is this viz. Whereas the bearer is say they by the Queenes Maiestie especially appointed If the Queene had speciallie commanded this search it is credible that her privie Cosisaylors should haue set to their handes rather theÌ„ the high Commissioners to make search and to apprehend certeyne suspected persons according to such particuler directions as he hath in that behalf receyved these shal be to wil and require and in her Maiesties name streightly to charge and command you and every of you to whom these shall apperteyne to be by all good and possible meanes ayding and assisting to the bearer in the execution of this service by entring into all such houses as hee shall thinke meete and hold suspected as well within libertie as without and that in them every of them to make due and diligent search And to search all manner of writinges letters papers bookes all other things carying note of suspicion sparing no studies chestes cubbards lockes or walles as also to apprehend examine and bring before vs such persons as by her Maiesties said direction therein appointed and wherein if he shall any way require your further assisteÌ„ce you may not fayle to yeeld him the same with al diligence dexteritie according to the trust reposed in you as you will aunswere for your default for the contrarie at your vttermost perill Directed vnto all Mayors Sherifes Iustices of peace and quorum Baylifes Constables Hedboroughes Tythingmen and to all other her Maiesties officers and subiectes c. But beit that all these maneâ—â— of disciplines were moderate and good ecclesiasticall Disciplines more to be vsed yet there may a scruple remayne which were fitt to bee discussed what a very good moderation maner of discipline within our remembrances was vsed betweene an Archbishoppe and a Bishopp both high Commissioners against certeyne Gentlemen one of their wives about these Articles following Articles obiected by her Maiesties high Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B. in the Countie of L. INprimis We obiect vnto you G. B. and L. your wife that you haue within these seven yeares and so at this present doe keepe company and vse conference with divers persons disobedient to her Maiesties lawes and such as be suspected to resort and frequent vnlawfull coÌ„venticles Item we obiect vnto you to th' end you Quere whether this coÌ„ventioÌ„ were lawfull for this cause Quere against what law this enterteynment was and whether the Bishop of L. conversing with Popish Priestes and traytors did not more offend might the better