〈◊〉 Pref. in Psal 43. names of the dayes of the weeke As Augustine thus writeth of dies Mercurij nolumus vt dicunt atque vtinaÌ„ corrigantur ne dicant We would not haue men cal it Mercury day or wednesday and I wish that order were taken that they might not so call it The very papists themselues confesse that the word Sunday is an heathenish calling And some of our best writers acknowledge that the name of Sunday the rest Fulk Rhemis annot in apoc 1. 10. had an heathenish beginning therefore were better to bee otherwise termed But passing over these lighter matters wee will first produce our reasons for a learned Ministry and then examine theirs in iustification or excuse of an unpreaching order in the Church Reasons and arguments shewing the necessity of a learned Ministry Arg. 1. THE Lord sayth by his prophet because thou hast refused knowledge I baue refused thee thow shalt be no Priest vnto mee Hos 4. 6. so sayth Gregory qui quae Dej sunt nesciunt a Deo nesciuntur they which know not the things of God are not knowen of him Pastorol par 1. c. 1. Arg. 2. Pastors and Ministers are the A learned Ministery necessary Lords stewards 1. Cor. 4. 1. but no man will appoynt an vnskilfull steward ouer his house as our Sauiour sayth who is a faithfull seruant and a wise whome his Master hath made ruler over his houshould to giue them meat in due season Math. 24. 25. Ergo ignorant unfit persoÌ„s much lesse are to be set over the Lords house Ambrose saith Si terrestrium rerum dispensatores idonei quaereÌ„di sunt quanto magis coelestiuÌ„ if fit stewards of earthily things must be sought for much more of heavenly in 1. Tim. 1. 3. Arg. 3. Hierom urgeth to this purpose that saying of our Saviour si infatuatuÌ„ est Hier. ad Heiodor sal c. if the salt loose his savour it is good for nothing but to be cast out Mat. 5. 13. Ergo ignorant ministers as unfatuate and unsavory salt should be cast out Arg. 4. Ignorance is excusable in the people my people goe into captivity because they haue no knowledge Esay 5. 13. much lesse is it to be suffered in the Minister this reason is alleadged by Leo si in laicis vix tolerabilis videtur inscitia quanto magis in ijs qui praesunt nec excusatione digna est nec venia If ignorance in lay men be intolerale much lesse in those that are set over them is it excusable or pardonable epist 22. ad Cler Constantinopol 5. That is not to bee suffered which tendeth to the ruine of faith but by an unlearned ministery faith decayeth which commeth by hearing the word preached Rom. 10. 17. thus reasoneth the Councell of Toletane 4. c. 24. let all their work be in preaching ut aedificent cunctos fidei scientiam c. that they may edifie all in the knowledge of faith 6. That should not bee permitted in the Church which giveth occasion to the destructions of mens souls But such is an unteaching ministery if the blind lead the blind both fall into the ditch Math. 15. 14. And it is as Hierome saith tanquam perforatam navim debilis gubernator regat as Hierom. ad Chromatium though an unskilfull Pilote should be set to guide a broken ship 7. S. Paul doth especially require this as an essentiall property in a minister to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apt or able to teach 1 Tim. 3. 2. Hierom saith well Innocens absque sermone conversatio quantum exemplo prodest Hier. Ocean tantum silentio nocet An innocent conversation without teaching as it helpeth by example so it hindreth by silence And it is Origenes note upon these words of Paul wo is me if I preach not the Gospell c. propter hoc solum Tract â—3 in Math c. for this thing onely if I preach not not for conversation is this woe pronounced 8. That ought to bee declined which is sent as a punishment and iudgement upon the people But dumbe and ignorant ministers are a punishment c. as the Lord threatneh to take away the Prophet Esay 3. 2. And there shall bee like prophet like Priest Esay 24. 2. So saith Isidore as he is alleadged Aquisgran c. 25. pro malo merito plebis aufertur doctrina praedicationis Ergo c. 9. All those whom Christ sendeth are furnished with gifts accordingly Eph. 4. 8. 11. Hee hath given gifts vnto men c. some Apostles some Doctors c. Ieroboam made of the basest of his people to bee Priests of his golden calfes onely Aarons sonnes ministred to the Lord at Hierusalem 2. Chron. 13. 9. 10. VVhat shepheard will carry into the field a dogge that can not not barke for as Hierome well saith Hier. ocean latrata canum baculoque pastorum luporuÌ„ rabies deterrenda est the wolves rage the sheapheards staffe and dogges barking must asswage VVherefore seeing ignorant ministers are as dumb doggs Ieroboams Priests men of no gifts they are not sent of Christ c. 10. VVee will adioyne the consent of antiquity and decrees of Counsels that haue condemned rude and ignorant ministers Ca. Apostol 57. Episcopus aut presbyter qui negligentius c. A Bishop or presbyter that is negligent about the people and doth not instruct them in piety must be put from the Communion Valens ca. 2. pro aedificatione omnium Ecclesiarum c for the edifying of all Churches it pleaseth vs that not onely in cities but in all parishes we giue power to presbyters to preach that if the presbyter beeing sick cannot preach himselfe the homilies of the fathers be read by the Deacons Toletan 4 c. 24. Ignorantia mater c. Ignorance the mother of all errors is espcially to bee avoyded in the ministers of God who haue taken vpon them to preach to the people let such therefore know the Scriptures that all their work may consist in preaching and to edifie all in faith and manners Aquisgranens c. 13. ex Gregor praeconis officium suscepit he taketh upon him the office of a preacher whosoever commeth into the Priesthood The minister then or Priest if hee bee unskilfull of preaching what voyce can hee giue that hee is a dumbe crier Coloniens p. 4 c. 1. Officium parachorum c. the office of parish ministers consisteth in two things the dissemination of the word and administration of Discipline Obiections made in defense of an unlearned ministery answered Obiect 1. DOTH not the sufficiency of ministers Suscipere magis minus admit of his degrees Answ Doth it follow the sufficiency of ministers doth suscipere magis minus Ergo all need not preach VVee grant that there are diversities of gifts some haue lesse some greater but is it simply inferred that therfore they which haue no gifts at all should be admitted 2. Obi. Were the ministers of the Primitiue
cause misiudged for the persons fault Delictum personae Reg. Iuris 37. Reg. Iuris 76. non debet in detrimentum Ecclesiae redundare 1. Enormity against Excommunication by lay persons 1. THeir first defense is that whatsoever the Chancellour doth on this case he doth it in the authority of the ordinary Answ 1. It is a question whether the Bishop himselfe the Archdeacons or any other ordinary alone haue any power to excommunicate VVe are sure that neither Scripture or example of the primitiue Church will beare them out in it Our Saviours rule is Dic Ecclesiae tell it to the Church after the contempt whereof the party is to be held as an heathen publican that is to be excoÌ„municate But never was it yet heard that one man should stand for the Church That Dic Ecclesiae in some mans constructioÌ„ should be dic Episcopo dic CaÌ„cellario dic Officiali as the Papists wrest this place dic Ecclesiae that is dic Papae dic Pontifici Romano but of this matter more shal be said in the end of this treatise Then if they haue not this power in themselues they cannot transferre it to another as the law saith Nemo potest Reg. Iuris 79. plus iuris transferre in alium quam sibi coÌ„petere dignoscatur No man can giue more to an other then hee hath himselfe As the comparison is presumptuous to compare the Bishop to the King the Chancellour to the Lord Chancellour so the case is not alike for a civill power may bee committed over to others but a spirituall power cannot be transferred but ought to bee executed in every mans person as the Apostle saith hee that hath an office let him attend upon his office Rom. 12. 7. Salomon Cant. 8. 11. 12. No substitute in duties spirituall in the Canticles sheweth the difference of the Civill and Ecclesiasticall administration Salomon gaue his vineyard to keepers but my vineyard saith Christ which is mine is alwayes before me As wee mislike that Christ should haue any vicar in earth so neither should any of Christs ministers execute their charge by their vicars S. Peter 1. Pet. 5. 2. saith Feed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the flocke which is in you that is alwayes in your sight The Canon law sayth Non potest esse Decr. Greg. lib. 5. tit 40 c. 5. Pastoris excusatio si lupus oves comedit pastor nescit It is no excuse of the shepheard if the Wolfe devoure the sheepe to say hee knowes it not It was never well with the Church since Prelates taking more upon them then in their own persons they could discharge committed their spirituall affaires to Deputies and Vicars Of this abuse Eckius a man otherwise bad enough complained in the popish Church Nostrates praelatos ordinem Apostolicum invertere c. Our Prelates invert the Apostolicke order who thinking spirituall things too heavy for them to beare doe use the helpe of Suffragans in their Pontificals of Officials in their Iudicials of Penitentiaries in absoluing sinners of Monkes in Preaching Iodocus Clictoveus in his sermons was wont thus to Hom. 2. de Stephano taunt such Adibunt per vicarios in paradysum in persona inferos Such shall by their vicars goe to heaven but in their own person to hell 3. Though the Ordinary had power to excommunicate alone and might transferre that power to another yet lay persons alone are not capable thereof For Christ when he sayd Whose sinnes yee remit are remitted whose sinnes yee retain are retained spake onely to the Apostles and Ministers Hereunto the Canons agree Indecorum est laicum esse vicarium Episcopi c. It is unfit for a lay man to be a Bishops vicar and secular â—ispel 2. c. 9 persons to iudge in the Church and a divers profession to be in one office And by the same Canon the Bishop that shall make a lay man his vicar is held to be Contemptor Canonum A contemner of the Canons But nothing is now more usuall then for lay men Civilians to be Chancellours and Vicars generall to Bishops The second defence The Chancellor Officiall Commissary decreeth the party to be excommunicate a Minister associate vnto him by exprresse authority from the Ordinary denounceth the sentence of excommunication Ans p. 22 Answ 1. This is but a new tricke and frivolous device who knoweth not the Minister assistant to the Chancellour who is for the most parte of the meanest and simplest of the Clergie is but a Cyphar he doth nothing but by his masters direction excoÌ„municateth and absolueth at his pleasure contrary to the Apostles rule to Timothy I charge thee c. that thou obserue these things without preiudice or prefering one 2 Tim. 5. 2 before another and doe nothing partially 2. By the Provincialls no sentence of Excommunication is good but in writing Linwood de senten excommun 6. sententiae latae sine specialibus literis dominorum quorum interest non ligant VVherfore this sentence of the Minister beeing not extant in writing vnder his seale and so deliuered is of no value in Law and the people vnder this colour are abused 3. It is vnlawfull for a lay Ciuilian in cases which appertayneth to correction to send out citations or to decree excommunications he must neither Investigare inquirere punire corrigere excommunicationum literas decernere And as he cannot doe it in his owne name so neither can he by the Law publish excommunications in another mans name The Law is Quod alicui suo non liceat nomine nec alieno Reg. iuris Bonif. 67. Linwood de licebit And the prouinciall is flat Ne laicus quouis exquisito colore sub suo uel alieno nomine c. that a lay person by any pretense 〈◊〉 coniug cum ex 1. vnder his owne or others name doe exercise no iurisdiction spirtual whatsoeuer And all such citations excommunications and processe are voyd not onely if the iudge bee a lay person but the Register also Thirdly they vse but the aduise and Ministrie of a wise ciuilian in decreeing who is to Ans p. 22. bee excommunicate Answ 1. If had beene to bee wished that Ecclesiasticall persons had not medled in such affaires wherein they haue no skill according to the auncient Canons Episcopus tuitionem testamentuÌ„ non suscipiat Carthag 4. 18. That the Bishop should not take vpon him the tuition of a testament Clerici ad sacrum Ministerium electi actibus saeculi renuntient Clergy-men must renounce all secular acts Auerens can 12. The Apostle saith no man that warreth entangleth 2. Tim. 2. 4 himselfe with the affaires of this life whereupon Ambrose well writeth Ecclesiasticus officium impleat quod spospondit a seculari Amb. in 2. 2. negotio alienus non enim convenit unum duplicem professionem habere a Clergie man must bee free from secular businesse for it is not fit that one should haue a
manifest but Canonicall monition going before The manner is that the apparitor cannot personally cite the party to be summoned hee useth to leaue word at his house if he come not at the day he is forthwith as contumacious excommunicate Heerein a double errour is committed for if a man never appeared in the cause before the iudge he cannot bee cited at his house unlesse he can not be personally apprehended and againe he that is not personally cited is not verè but interpretative Linwood de iudic c. item vers decernimus ibid. v. personaliter contumax in the iudgement of the sounder Canonists VVherefore it is evident by these reasons that Excommunication goeth forth often for trifles 12 peny matters not for contumacy or contempt 5. If Excommunication bee sent forth onely for contempt where the originall is but a trifle and a twelue penny matter then what needed all those cauteles by Councels ne quenquam pro parvis levibus causis c. that none should bee excommunicate for small or trifling matters Aur. 3. c. 2. Vormatiens c. 13. Avernens as it is cited caus 11. q. 3. c. 42. for by this evasion there shall be no trifling matters at all but the pretence and colour of contempt shall countenance excommunication VVherefore the request of the Petitioners is agreable to the Scriptures and Canons that none be excommunicate for trifles The 2. Enormity against Excommunication without the consent of the Pastors Reasons and arguments to proue that Excommunication ought not to proceed from one alone but by the ioynt advise of the presbyters Pastors 1. EXcommunication should bee exercised by the Church that is an assemble math 18. 11. tell the Church c. If he will not heare the Church let him bee as an heathen and publicane Origene vpon these words saith tertio coreptionem mandat ad Ecclesiam deferendam c. In the third place he will haue the correction brought to the Church In the second he will haue two or three witnesses to bee vsed So Chrisostome vnderstandeth Episcopos praesidentes Ecclesiae The Bishops or Pastors and presidents or governors of the Church in Mat. 18. But one or two make not a Church for this were a preposterous course to proceed from one to two or three then to go back agayn to one Hierome writeth well concerning Iohn Hieron pammach Patriarke of Hierusalem An tu solus Ecclesia es qui te offenderit a Christo excluditur tibi soli licet Ecclesiae iura calcare tu quicquid feceris norma doctrinae est Are you alone the Church that whosoever offendeth you is excluded from Christ is it lawfull onely for you to tread under foote the rights of the Church whatsoever you do is it a rule of doctrine Ergo one man not being the Church cannot excommunicate 2. The government of the civill and Ecclesiasticall state are unlike c. But yee sha not be so Lu. 22. 25. But they rule alone as Monarchs The Kings of the Gentiles reign over them Ergo Bishops or other officers of the Church ought not to governe alone There ought ro be no Monarchy in the spirituall regiment of the visible Chur. as Monarchs in the Church and so not excommunicate alone This place is urged by a learned VVriter against a monarchy in the visible Church Quid apertius nisi expectetis ut locum proferamus ubi dixit apertè vos monarchae Ecclesiae esse non debetis What could bee sayd more plainly D. Sutcliffe l. 1. de opt Reip. statu cap. 7. unlesse you would haue us bring forth a place where Christ should say in plaine tearmes Yee shall not be Monarches of the Church As there ought not then to be a Monarch over the universall Church so by the same reason neither should there be any Ecclesiasticall Monarch over a Province or Diocesse Arg. 3. If S. Paul who had Apostolicall power would not excommunicate the incestuous person amongst the Corinthians without the consent of the Pastors and spirituall governours much lesse ought any Bishop Archdeacon c. do so now But the first is evident that S. Paul excōmunicateth together with the Pastors of Corinth the Apostle sent not onely his mandate to the Corinthians for them to execute but that the power and right of excommunication was ioyntly with the Apostle in the Pastors of Corinth as it may appeare by these reasons Ergo. 1. The Apostle rebuketh them for that they had not put him from them already before he had written to them vers 2. 2. They which had power to reconcile had power also to excommunicate For Eiusdem est ligare soluere It belongeth to the same to binde and to loose But the Pastors of Corinth haue power to reconcile 2. Cor. 2. 10. To whom you forgiue any thing I forgiue also c. 3. It is not like that the Church of Corinth had no power to excommunicate without the Apostle for then should they haue wanted a principall poynt of discipline when the Apostle was absent in remote places from them 4. The words of the Apostle doe evidently giue unto them the iudgement of Excommunication Doe yee not iudge them that are within 1. Cor. 5. 12. Vpon the which words Augustine thus writeth Aug. hom 50. c. 12. ut citatur caus 2. q. 1. ◠1◠Quibus verbis satis ostendit non temere aut quommodo libet c. By which words hee sufficiently sheweth that not rashly or howsoever but by iudgement the evill are to be removed from the communion of the Church Arg. 4. All that haue authority to preach haue power to binde and loose as the Apostle saith Wee are the sweet savour of Christ in them that are saved and in them that perish 2. Cor. 2. 16. Our Saviour giveth one generall commission to his Apostles and all faithfull Pastors their successours Whosoever sinnes yee remit they are remitted Ambrose saith Remittuntur peccata per Dei De Cain Abel l. 2. cap. 4. verbum cujus Leuites interpres executor est Sinnes are remitted by the word of God whereof the Minister is the interpreter and executor Basil saith Confession of sinnes must necessarily he made to them to whom the dispensation of the mysteries of God is committed Our English confession saith Seeing In regal contractioribus q. 288. Horn ser 11. one manner of word is given to all and one onely key belongeth to all wee say there is but one onely power of all ministers as concerning opening and shutting But all pastors haue authority to preach Ergo to binde and loose and consequently to excommunicate It will be answered that there are two kinds of administratiō of the keys a spirirituall in remitting retayning of sins externall in releasing the outward censures of the Church The first belongeth to all Pastors and the preachers of the Church but not the other Answ 1. Our Saviour Christ comprehendeth the whole
power of the keyes under the name of retayning and remitting sins Ioan. 20. 23. Therefore he that hath right to the one hath likewise to the other 2. VVhere sins upon the sufficient declaration of repentance are remitted there the censures of the Church ought to bee released Neither is it lawfull to hold the penitent long under the censures whē they haue sufficiently testified their repentance as the Apostle moveth the Corinthians to forgiue the incestuous person after he had sufficiently sorrowed hee then which 2. Cor. 2. 10 hath right to the more hath right to the lesse according to the Law cui licet quod Reg. iuris 53 est plus licet utique quod est minus If Pastors then and preachers haue power to remit sinnes in the name of Christ much more to release the temporall censures Arg. 5. To whom the power of order belongth the power also of Iurisdiction appertaineth S. Paul ioyneth them both The Pastors and Presbyters right in laying on of handes Extran Ioā tit 4. c. 5. together in Timothy 1. Tim. 5. 19. against an elder receeiue no accusation c. there is the power of iurisdiction vers 22. Lay hands suddēly on no mā there is the power of order the corrupt Extravagants will grant this proposition claues de quibus agimus in collatione sacerdotalis ordinis conferuntur the keyes whereof we entreat are conferred in the collation of Priestly order But Presbyters haue interest in conferring of orders 1. Tim. 4. 14. Despise not the gift that is in thee c. by the laying on of hands of the presbitery or Eldership Here it is evident that the Pastors and Presbyters layd on their hands together with the Apostle Some by the presbytery here understand the office of Eldership which Tymothy 1. Exposition Perpetual govern p. 78. was ordained unto but the words will not beare this sence for here is mentioned the imposition of hands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the The place 1. Tim. 4. 14. of the Presbyters expounded 2. Exposition ibid. 249. Eldership How can the office it selfe put on hands the persons then not the office must of necessity be understood Some by the presbyters vnderstand Bishops but that can not bee for as yet in the Apostles tyme there was no distinction betweene Bishops and presbyters as it may appeare by S. Pauls description of Presbyters Pastors of old admitted to lay on hands a Bishop 1. Tim. 3. VVhich is common to the presbyters And this poynt followeth more fully to bee declared in the next argument Others say that the presbyters and Pastors 1. Exposition Ibid. p. 93. might lay hands on Timothy as well as Paul but at another tyme and to another end But S Paul saying in another place stirre vp the gifte of God which is in 2. Tim. 1. 6. the by the putting on of hands evidently sheweth that he at the same time put on hands with the presbyters for he speaketh of the same gifte in both places which was conferred vpon him by imposition of hands And further if the presbyters ioyned 4. Exposition with Paul in imposition of hands yet was it not of necessity as though S. Pauls Ibid. p. 94. hands had not beene sufficient without them to giue the holy ghost VVee answer that although it bee graunted that in respect of Pauls person who was an Apostle and had an extraordinary power and calling the imposition of hands by the presbytery was not essentially necessary yet in respect of the president and perpetuall order which was to be left to the Church of Christ it was necessary for it is not like that so wise an Apostle would els haue busied himselfe with so vnnecessary and superfluous a work in associating the Elders where he needed not But notwithstanding all these naked shiftes and deceitfull glosses this place of S. Paul is pregnant to proue the copartnership of presbyters in giuing of orders and thus was it practised by the Church afterward Carth. 4. c. 3. Omnes presbyteri qui praesentes sunt c. Let all the presbyters present lay their hands by the hand of the Bishop vpon his head that is to bee ordayned And can 24. Episcopus sine concilio Clericorum c. The Bishop must not ordayne Clarkes without a councell of his Clergie Object This Imposition of hands by the Perpet govern p. 251. presbyters was a consent rather then a consecration Answ That appeareth to be otherwise by that constitution of Vrban ordinationes factaesine communi sensu Clericorum irritae Ordinations made without the common consent Caus 12. q. 2. cap. 37. of the Clergie are voyd If the presbyters had not power and right of ordination there was no reason to make it voyd without them Ergo seeing presbyters haue a ioynt power in ordination iurisdiction is not to bee denyed vnto them Arg. 6. If both the name and office of a Bishop and presbyter by the word of God are all one then by the word of God the spirituall iurisdiction belongeth to them both But the first is true as Hierome proveth out of S. Paul Apostolus perspicuè docet eosdem esse presbyteros quos Episcopos c. The Apostle plainly teacheth that Presbbyters are the same with Bishops as Tit. 1. 5. he calleth them presbyters which vers 7. are named to bee bishops ad Evag. Bishop Iewell proveth by the Word that a Bishop and Presbyter are allone def apol p. 284. In 1. Tim. Hom. 11. 3. Reverend Bishop Iewel sheweth the same by the testimony of Hierom Chrysostome Ambrose Augustine that a Bishop and a Priest are all one Chrysostome saith Inter Episcopum Presbyterum interest ferè nihil There is almost no difference between a bishop and a Priest And then hee inferreth thus All these and more holy Fathers with S. Paul the Apostle for thus saying that a bishop and a priest are all one by M. Hardings advice must be holden for Heretickes If it be answered that the names were confounded in the Apostles but the office and functions were divers Bellar. lib. 1. de Cleric c. 25. This answer may bee easily removed for as a reverend writer telleth us The same charge and the same grace Perpetuall gover p. 203. concludeth the same function But S. Paul requireth the same graces in a Bishop and Presbyter 1. Tim. 3. Hierome sayth De Hier. Evag. Presbytero reticetur quia in Episcopo Presbyter reticetur c. There is no mention made of a Presbyter because he is contained in the name of a Bishop Ambrose saith Episcopi Presbyteri una ordinatio est c. There is one ordination of a Bishop and Presbyter but the Bishop is the first If they haue one ordination then they haue both one function by the word of God howsoever afterward the Church in pollicie hath distinguished them which was done as Hierome saith In schismatis remedium To avoyd schismes
manifest examples of the primitiue Perpet gov p. 406. Church wee striue not for it Answ 1. But why we pray you do you make mention of the Canons of the Church onely and not of the word of God will you haue bishops to haue more authority and Pastors lesse then the word of God alloweth them 2. But we refuse not to debate this matter by the Canons and practise of the Church which notwithstanding hath been in part shewed before argum 10. and shall bee declared further in the answer to the 11. Objection Hierom thus writeth quomodo ibi leprosum sacerdos mundum vel immundū In Mat. ◠16. facit sic hic alligat vel solvit Episcopus presbyter As there under the Law the Priest made the leprous person cleane or uncleane so here the presbyter bindeth or looseth So then as the iudgement and censuring of the leprosie belonged not onely to the chiefe Priests but indifferently to them all He shall be brought to Aaron the Priest or one of his sonnes the Priests Lev. 13. 2. So now the censuring of spirituall leprosie should indifferently belong to all spirituall Pastors Further wee find that presbyters sate together with Bishops and gaue voyces and made decrees not onely in matters which concerne the word and doctrine as we are borne in hand but such as belonged Perpet gov pag. 291. to discipline and excommunication and anathematizing as is evident Concil Eliberrm to the which subscribed 36. presbyters can 52. 62. 67. And in Arelatens 2. can 25. 28. and can * 30. they decree concerning the suspension of Bishops to this Synod subscribed 12. presbyters from hence it is cleare that presbyters assembled in a synod haue power to excommunicate The imperiall Law saith We charge all Bishops and Priests that they separate no Novil constitut 125. c. 11. man from the sacred communion before they shew the cause c. And he that presumeth to excommunicate let him bee put from the communion Thus it was indifferent for Bishops or presbyters to excommunicate Obj. 6. Not in very Church but in every citty there were presbyters assisting and ayding Perpet gov p. 183. the Bishop and these were Clergy men to helpe him in all sacred actions and advise him in all iudiciall and Ecclesiasticall proceedings p. 184. Answ 1. Neither do we urge to haue a presbyterie of Clergy men in everie parish Church but that in every division the presbyters and Pastors should assemble together for the execution of Discipline 2. It being confessed that presbyters in cities haue assisted the Bishop in Ecclesiacall proceedings why then may not the presbyters of country Churches be admitted who are so much the more fit because they are acquainted with the particular diseases in their severall cures 3. The Presbyteries were not onely in great and populous citties neither had the bishops them such large circuits but that one presbytery might suffice for the Cittie and confines thereof for then the bishop had his proper parish Episcopus propriam parochiam non derelinquat Can. Apost 13. his The Bishop had his proper flock proper Church The bishop qui non acquierit ire ad Ecclesiam sibi cōmissam Which did not resolue to goe to the Church committed to his charge should be put from the communion Antioch concil c. 17. hee had his peculiar flock Episcopus grege sibi commissum c. The bishop must instruct the flocke committed unto him with the preaching of the word Turonens sub Carol. Then bishops lived not onely in famous great Citties but in base and obsure townes Episcopus de loco ignobili ad nobilem per ambitionē non transeat A bishop ambitiously must not go from a base and ignoble towne to a noble Carth. 4. can 15. Then bishops had not such a large Diocesse In Augustines time there were in one province under Carthage of the Catholicke Donatist aboue Bishops 9000. Of the Catholicks part there were present 286. and absent 120. by reason of sicknesse and old age Epispall Churches voyd 60. in all 466. Of the Donatists there were present 279. absent 120. Churches voyd 60. in all 459. These so many bishops in one province cannot be thought to haue had Diocesses much larger then some parishes And few bishoprickes haue so many parish Churches under them and none in England unlesse it be Norwich is found to haue more It is no marvell then if one presbyterie with the bishop sufficed for such Diocesses Object 7. Presbyters sate with the bishops at the first as assessors and consenters before Perpet gov p. 317. Synods undertooke such causes Ans 1. The frequenting of Synods was no let to the authority of the presbytery 1. It was a Synod that decreed that Sententia Episcopi c. The sentence of the Bishop should be voyd if it were not confirmed by the sentence of the Clergie Carth. 4. c. 23. 2. From the Nicene Councell to the time of this Synod were assembled in the space of an hundred years and somewhat more twenty provinciall Synods as the Elibortine Arelatens 1. and 2. Gangrens Agrippin Antioch Sardic with others 3. And before this it was decreed that there should be a Synod of bishops twice every yeare Antio c. 20. Constantin 1. c. 2. But after the time of this Synod of Carthage when the authority of the presbytery began to bee impaired it was decreed that bishops should assemble but once in the yeare Toletan 3. c. 18. So that even when Synods were most frequent the presbytery was in greatest authority it began to fail when Synods were not so often celebrated Obj. 8. For our parts though we take the keyes to be common to all that haue pastorall charge of soules in their degree yet to avoyd Perpet gov p. 320. the infinite showers of excommunication c. if every presbyter at his pleasure might excommunicate we praise the wisedome of Gods Church in suffering no inferiour to excommunicate without the Bishops consent c. Answ 1. If by the institution of Christ the administration of the keyes be common to all pastors what presumption is this for men to take upon thē to be wiser then God to change his institution The Esay 40. 13 prophet saith who hath instructed the spirit of God or taught him 2. It is not the wisdom of the Church but the ambition of Bishops that hath excluded the pastors as Diotrephes that loued to haue preeminence would not receive the brethren 3. Neither are Ioh. epist. 3. excōmunications the fewer because one by the Bishops authoritie excommunicateth but the more for there is like to be more grace and discretion in a companie of reverent and learned pastors then in one vnlearned Chancellor or Officiall and the Courts now intend their own gain therefore multiplie excommunications wheras then the profite of mens soules should be expected As though there hath not been long since complaint made of
the publick use of the keyes be committed to Pastors as the private 5. And seeing presbyters in citties haue dealt with the censures the Pastors of the country should not be excluded 6. Neither is the frequenting of Synods any hinderance to the Ecclesiasticall presbytery 7. 8. 9. Nor any other inconvenience need to be feared VVe trust your Maiesty will follow the example of David to distribute the offices indifferently among the sonnes of Aaron 1. Chronicl 24. 4. that a Theodoret. lib. 5. c. 37. few onely haue not the preeminence and the rest bee despised Theodosius the Emperour when hee was excommunicate a levi homuncione of a light cockbrain fellow because hee granted not the thing which he requested would not enter into the Church before hee had been of the same party absolued As we condemne the malepartnesse of the Priest no such authority beeing giuen to any one in the world to censure Kings so thus far wee wish that good Emperour to be followed that the censures of the church may be reverēced being first restored to the originall institution We aske nothing but what your Maiesty hath given hope of that discipline 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 43. B. Bilson p. 320. Perpet gov be preserved in puritie according to the word and which some of the greatest opposites to this cause haue granted We take the power of the keys to be common to al that haue pastorall charge of soules in their degree And so wee conclude this matter with that sentence of Hierom which wee desire our reverend Bishops to think uppon sicut presbyteri c. as presbyters know that by the custome of the Church they are made subiect to him that is set over them ita Episcopi se noverint magis consuetudine quam dispensationis dominicae veritate presbyteris esse maiores in commune debere Ecclesiam regere So let Bishops know that rather by custome then any divine dispensation they are greater then presbyters and ought to governe the Church in common in 1. c. ad Titum citatur distinct 95. c. 5 And Hierome againe saith Episcopi sacerdotes se esse noverint non dominos honorent Clericos quasi Clericos ut ipsis a clericis quasi Episcopis honos deferatur scitum est illud oratoris Bomitij cur ego te habeam ut principem cum me non habeas ut senatorem If Bisbops will be counted as chiefe and principall they must admit their Pastors to bee as Senators and of their Councell Hierom. ad Nepotian 4. Against extorting of unreasonable fees Obj. 1. There are severe lawes made already in that behalfe p. 24. Answ Notwithstanding the severe canons provided against the extorting of unreasonable fees who knoweth not what intollerable exactions are used in Ecclesiasticall Courts The time was when the Cod. lib. 9. tit 27. Leg. 3. Gratian. Iudge ought to take nothing for his sentence when nothing was to be exacted of the innocent party Colon. p. 13. c. 7. speciem aequitatis non habet quod ab Innocentibus absolutis quippiam expensarum nomine exegatur when nothing was to bee taken of the poorer sort a pauperibus non valentibus solvere nihil recipiatur append Basil c. 10. It is not aboue 250. yeares since when this order was taken by Iohn Stratford of Canterbury Liuwood de censen c. Saeva that ministers should pay for their letters of orders but 6 pence for their letters of institution but 12 pence It hath bin decreed that none should exact ultra statuta Caus 16. q. 1. c. 62. leo Extr. com l. 3. tit 10. c. 1. patrum beyond the rates appointed and should take lesse then the custome not more But how the world is changed who can be ignorant what large fees are payed for sentence innocents not spared the pore not pittied for probates of testaments double required to that which the statute aloweth for acquittances Executors some ten some twenty yeares after are forced to pay some forty some fifty Shillings some more Letters of institution are growen from twenty Shillings in the beginning of Queen Elizabeths reigne to foure or fiue pound Letters of orders taxed in many places after the same rate Archdeacons in their visitation haue exacted twelue pence sixteen pence yea two Shillings for the article books not much more aboue three pence And not long since when the fifth of August was commanded to be solemnised for the Kings deliverance in some dioceses the Church-wardens were urged to pay twenty pence for copies of the letters It were too long to reckon up al the exorbitant courses of these Ecclesiasticall courts and officers which since the canon made in the convocation anno 1597. haue been more intollerable then before and seing convocation canons are no more regarded wee desire that their exactions may be restrayned by parliament statutes that some of the ancient lawes may bee revived against such as either the law of Theodosius to be punished fourefould or the decree of Innocent the 3. Extorta restitu it Cod. lib. 9. tit 27. l. 6. tantundem pauperibus eroget to restore what is exacted and to giue so much to the poore or of Benedict the 12. that they pay twice so much within two moneths or Decr. Greg. lib. 3. c. 49. c. 8. Extrav com lib. 3. tit 10 c. 1. can 24. els be suspended from their office or the decree of the 8. generall Councell concerning such enormities aut corrigatur aut deponatur that if they bee not amended they should be deposed 5. Of farming of iurisdiction Censure IT is of it selfe a matter indifferent neither good nor evill but as it is used p. 24. Answ And doe our brethren hold the farming of Ecclesiasticall Iurisdiction to be so indifferent a thing How is it possible when some Chancellours and officials pay 20. some 30. some 50 poūd yearly for their place registers some an hundred some 200 pound some more but that they should extort in their office and by unreasonable and intollerable exactions make up their hard rents Is this thing neither good nor evill VVe wonder that men professing the Gospell should bee thus besotted and blinded seeing the papall Hierarchie hath detested such corruptions Lateranens par 1. c. 15. quidam pro certae pecuniae quantitate jurisdictionem Episcopalem exercent qui de caetero praesumpserit sic facere officio suo privetur Episcopus conferendi hoc officiū potestatē amitttat both the officer that farmeth his office shall bee deprived and the Bishop loose the gift So was it also decreed Coloniens sub Adulph med 3. c. 3. Non licet praelatis officia sua pro pecunia alicui committere that no prelates should let out their offices for mony 6. Of the restraint of marriage at certaine times Obiect IT is falsely called a popish canon it was anciently used in the Church Laodicen c. 52. and being rightly used is commendable c. Ans to
the multiplicite of excommunications tot hodie fiunt officiales quod vix est aliquis c. There are so many excommunications now a dayes by officials that scarce any man that feareth God can liue in the world with a safe conscience VVhervpon it was directed vt caveant ab earū multiplicatione c. That they should beware of multiplying excômunications lest they be brought to contempt These are the showers of Chancelors and officials excommunications that flee faster then lightening in tempest Object 9. In our vnderstanding the Minister of the parish doth giue his consent to the petition p. 23. Ans VVhat consent call yee this when the Chancellor or Officiall sendeth his mandate and the Minister must denounce the sentence of excommunication or be suspended himselfe doe yee count this consent sufficient what is the pastor here els but the officials slaue to denounce his censures VVhat is this els but against the Apostle to be the seruantes of men But 1 Cor. 7. 21 De 7. ordin Eccles as Hierome saith non in dominatione vt servos habeas sed in ministerio liberos preachers should not be vsed as servants with indignitie but as free men in their ministrie Object 10. They intend the inabling of everie particular pastor alone to excommunicate Answ to the petition ibid. Ans Neither is it our desire that every particular Pastor should be inabled to excomunicat vntruth We giue no such power to particular pastors himself alone against the Apost rule not as Lords ouer Gods heritage As the the other is slavish so this were popelike as Hierome will saith contenti sint honore suo sciant se patres esse non dominos Let them be content with theyr owne honor and know they are fathers and not Lords Obejct 11. If the pastor ought to be ioyned in commission there would followe a world of troubles Answ ibid. Answ Neither were it fitt that everie pastor should be ioyned in commission with the Chauncelor and attend vpon his courts for that were infinite and tedious for the pastors to withdrawe them from their flocks Cyprian will saith Neque in altari meretur nominari in sacerdotum prece 1. Pet. 5. 3. Lib. 1. ep 9. qui ab altari sacerdotes avocare volunt Hce deserues not to be mentioned in the Minicters praiers that would draw him from executing his Ministery But it shall euen now appeare what our desire is Our desire is that discipline may be administred according to the rules of Gods word or as things now stand seeing there are three persons in this busines to bee respected the Bishop in his diocese the officers and Ministers of the Bishop and the severall pastors VVee would haue euery mans right reserved that all matters of instance and ciuill pleas should be still referred to the Civill Iudges but matters of office as they are called excommunication and spirituall misdemeanors to be censured by the companie of presbyters in euerie Deanrie and division assisted if it please the kings Maiestie with some graue persons of the Lay sort to be assembled monethly together or otherwise as there shall bee cause and from them if there bee any iust agrevance appeale to be made to the bishop Synods of the Bishops and Presbyters necessary with his synod of presbyters For this course to appeale and referre doubtfull matters to synods is both agreable to scriptuers and practise of the ancient Church As in Antioch when the Church was troubled about cercumcision they sent to the Apostles and Elders about that question Act. 15. 2. Thus was it decreed in the great Nicene synode that in euery prouince bishops should assemble twice in the yeare to heare the complaints of such as were excommunicate can 5. The same decree is revived Antioch c. 20. Neither had they onely provinciall synods but the bishop for the same cause had his assembly of pastors Cyprian writing to the presbyters and deacons of Carthage saith A primordio Episcopatus mei statui nibil sine consilio vestro mea privatim sententia gerere c. Since Cypr. lib. 3. epist. 10. my first entrance into my Episcopall charge I dermined to doe nothing priuately of my self without your counsell Gregorie saith lest there be any dissention among brethren c. Lib. 7. epist 110. In unum convnire sacerdotis est c It is necessarie for the Priests to meet together quem negligentia reijcit cum omnium presbyterorum consilio refutetur whom his owne negligence maketh vnworthy let him be displaced by the councell of the presbyters Turenens 2. c. 7. For this cause it was not long since decreed by a provinciall synod singulis annis saltem synodus diocesane a singulis Reformat Ratisp art 35. Episcopis celebrant Euery yeare at the least let everie Bishop celebrate a synod in his diocese Thus if this course were taken Christs institution for the censure of excommunication shall be kept the Pastors shall bee reverenced the preaching of the word furthered people with long iournies not wearied manners shall bee duely corrected And thus much is insinuated by Cyprian Epist 3. ad Cornel. A Equum est iustum ut uniuscujusque causa illic audiatur ubi est crimen admissum singulis pastoribus sit portio gregis a scripta quam regat unusquisque gubernet rationem sui actus Domino redditurus It is right and iust that every mans cause bee heard where the fault is made and to every pastor a part of the flock should be committed to bee governed VVherefore most noble King 1. seeing The conclusion excommunication should bee decreed by an assembly according to Christs rule Matth. 18. 18. 2. Neither should there be any monark or sole commander in the spirituall regiment of the Church 3. If S. Paul did not excommunicate without the Pastors 4. If all that haue authoritie to preach haue right to the keyes 5. If they which haue a ioynt power of ordination haue also of iurisdiction 6. If by the word of God a Bishop and a Priest are all one 7. If all pastorall duties equally belong to all Pastors 8. If whatsoeuer appertaineth to the edifying of the Church is appendant to the pastors office 9 If it be safer that many excōmunicate by consent then one 10. If it hath been the practise of the Church to ioyne presbyters with Bishops in the spirituall regiment of the Church 11. If all Priests indifferently under the Law did separate and restore lepers whereunto answereth excommunication and reconciliation now 12. If presbyters sate in councels and gaue voyces and are allowed by the Law imperiall to excommunicate And further seing nothing can bee obiected of any moment 1. Neither S. Pauls delivering to Sathan of Alexander and Hymeneus 2. Neither of the Incestuous yong man at Corinth 3. seeing the key of knowledge which pastors haue is not to be severed from the keye of power 4. and as well may