Therefore c. 1 Whatsoeuer is vndecent and vncomely in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomely 3 Therefore for one man to be placed in two benefices is vnlawfull BEside these Canons there are many mo establishing the not hauing of many benefices for one man but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuers other absurdities thē wherof mention hath ben yet made against the vnlawful retinue of many benefices are expresly all eaged is not amisse to be repeated Who sayth as followeth Octob. de inst seu collat cap. 2. EX HIIS AVTEM c. We suffice not to speake how great euils proceed out of these pluralities vnto the church For by them the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting any voyde benefice is frustrate The miserable and blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strifes and contentions arise braules and enuies are nourished And for this cause we chiefly feare the fire of God his wrath to haue beene kindled against men of such rule and for the offences of some to haue sent a feare or reuenge against all and whilest we see nothing so perillous we feare such or greiuouser thinges in time to come vnlesse God by his mercie respecting vs shall lay to some wholesome remedie If the disease and maladie of pluralities in time of ignoraunce and superstition was such 5. P. 2. that the blinde leaders of the blinde had their eyes in their heades to see the infection ther of to be most perrillous as well to their synagogue as to their common weare how is it possible that plurified men in the time of the knowledge and truth of the Gospell should find any meanes to escape the fyre and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of Englande also made against these excesses prohibite likewise the hauing of mo benefices as appeareth by an Act of Parliament made the 21. yeare of Henry the 8. the tenor whereof ensueth And be it enacted that if anye person or persons hauing one benefice with cure of soules beeing of the yearely valew of 8. pound or aboue accept and take any other with cure of soule and be instituted and inducted in possession of the same that then and immediatly after such possession had thereof the first benefice shall be adiudged in the law to be voyd And that it shall be lawfull to euery patron hauing the aduouson therof to present an other the presented to haue the benefite of the same in such like maner and forme as though the incumbent had dyed or resigned Any lilence vnion or other dispensation to the contrary here of obtayned notwithstanding And that euery such licence vnion or dispensation had or hereafter to bee had contrary to this present Act of what name or names qualitie or qualities soeuer they be shall be vtterly voyd and of none effect As touching any other Canons made and in force before 25. Henry 8. allowing certayne immunities priuiledges and dispensations to be graunted for the possessing of many benefices parrish Churches rightly vnderstood are no way preiudiciall vnto these former ordinaunces For in thinges depending vpon the meere disposition of man though the magistrate haue authoritie as well generally to forbid and prohibite as also in some cases besides the said law to licence and dispence Yet concerning the matter of pluralities it will not be found Pluralistes I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condero Papa qui ius condidie est supra ius maiorem enim retinuit potestatem c. That is To him it belongeth to pul downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is a boue the law because he hath retained a greater power to himselfe then he hath giuen to the law The pope hath a fulnes of power to dispose of benefices at his pleasure And therefore say they As Churches were at the first by Law positiue both founded and distinguished so may they againe by the same lawe positiue either be cleane taken away or vnited Which vnnecessarye and sophisticall consequence is simply to be denyed First for those former rules generally vnderstood without limitation and distinction be either vtterly false or els contrary and repugnant to other principles of lawe Againe concerning these or anye other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generally giuen in thinges of meere pollicie and disposition of man onelye deuised by man of which sort these former rules are that receiueth not some limitations and restrictions And that therefore these principles whervpon the foundation of pluralities is layde beeing weake and easilye shaken with a little blast of mans witte can not stande or haue anye sure setling in as much as againste the same many challenges may be made and many exceptions taken Secondly the foresayd coherence followeth not for twoo apparant and principall fallacies contained in the same as afterwardes shall be manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. He may breake a law that may make a law the same is not alwayes true It taketh no place Vbi causa prohibitionis est perpetua Where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quia perpetuam habet causam prohibitionis nulla est obligatio Because it hath a perpetuall cause of prohibition there is no obligation ff de verb. oblig l. si stipuler in id glos extra de simo c. si quis ver iuramentum As for example the reason and cause of prohibition againste murther theft rauine blasphemy is perpetuall and therefore the lawe againste murther theft rauine and blasphemye ought to be perpetuall And therefore man hauing once made lawes againste these vices it is not lawfull for man afterwardes to dispence with these vices or by licence to warrāt any man to steale to kill to spoyle or to blaspheme For whosoeuer shall in this sort dispence with a lawe the same also may dispence with the reason of the lawe and so with the soule and life of the lawe and so make the lawe a vayne and dead lawe Ratio legis est anima legis The reason of the law is the soul and life of the Lawe therefore as none
gouerment and not vppon the worde of God and that the lawe before was contrary yea and is contrarye still where noe suche custome hath beene so prescribed I conclude that in the beginning it was not so and therefore contrary to the commaundement of God and therfore vnreasonable and therefore no custome but a corruption Euerye custome must be lawfully prescribed The second property of euery good and laudable custome in the Church is that the same be rightly and lawfully prescribed otherwise it shall loose the nature of a custome and be of no force to binde And to such a custome these two thinges are necessarily requyred Glos extra de consuetud c. cum quanto First the same must be begun Sciente illo qui ius potest condere With the knowledge and consent of him that hath power to make a law Secondly it must not be Contra neruum ecclesiasticae disciplinae libertatem ecclesiae Against the ioyntes and sinewes of ecclesiasticall discipline and liberty of the Church Touching the former we are first to consider the state and condition of Pope Boniface whether he as a lawfull king gouernour or ruler had power and authoritie to inact and publishe a law in the Church of Christ or no For had he no authoritie to make a law in the Church of Christe then by the foresayd maxime it followeth that he had no authoritie to confirme or establish a custome Now it is manifest that the Popes kingdome is an vsurped kingdome that his power is not lawfully deriued vnto him by the word of the Lord that it is a kingdome more opposite and altogeather contrary to the kingdome of Christ that it proclaymeth doctrines against the doctrines of our Lord Christ that it vrgeth traditions against his commaundements that it inuenteth new sacrifices and disanulleth his onely and all sufficient sacrifice that it is externall and consisteth in outward pompes rites and ceremonies whereas the kingdome of our Lord Christ is spirituall and consisteth in the renuing the inner man If then there be such diuision and dissention betweene these two kingdoms because of the diuers gouernments of these two kinges I terme the Pope a king onely in respect of his vsurped kingdome the one gouerning his subiects by the sword of the spirite the worde of God the other gouerning his adherents by the inuentions of men and traditions of his owne braine it standeth vs the faithfull seruaunts and subiects of the Lord Christ in hand that as we are exempted by his grace and power from the bondage of our enemy so to exempt our selues also frō acknowledging any power to bee in his aduersary to make a lawe or to establish a custome for vs to be ruled gouerned by And as the papist to manifest his obedience to the Pope will affirme this custome to bee avayleable in the gouernement of the popishe churche and to bee good as brought in by the knowledge of their King the Pope so it standeth vpon our allegiaunce and fidelitie to our King Iesus Christ not to confesse this custome to bee commendable but as it is so to account the same altogether corrupt as beeing not brought into the Church with the knowledge of the same our King who hath only power to make a law in his Church but rather foysted in by the power of an vsurper contrarye to our saide King his expresse will and commaundement In deede if our Byshops and other Church gouernours were popish bysh acknowledged the Pope for their general superintendēt and that he had power to make a law they might then seeme to haue some reason by alleadging this custome for their defence neither could I then deny the vse and authority thereof vnto them But the case standeth otherwise with them Our Byshops pretend thēselues to bee enimyes vnto the Popes vsurped power they would bee no maineteyners of his authority they confesse not him to haue power to make a law they account and repute him to be meere Antichrist Yea our Byshops are ministers of the Gospell they are dispensers of the worde of God they bee Legates from the Lord Christ to declare his good pleasure to his people And therefore the state of our question is otherwise and standeth thus namely whether a custome begun and continued in the synagogue of Antichrist with the knowledge of him that in that synagogue had power to make a Lawe bee a good and a laudable custome for the Church of Christ being begun continued without the knowledge of the Lorde Christe And whether the ministers of the Gospell may safely challenge the vse or benefite of any such custome in the ministery of the Gospell or no Whereunto I aunswere and that by Lawe negatiuely For making the Kingdome of our Lorde Iesus Christe and the ministery of his Gospell to bee as it is indeede a Kingdome of power and grace and to bee a Kingdome opposite and contrary to the kingdome of Antichrist I say that there can be no custome brought into his Churche nor practised by the ministers of his Gospell vnlesse the same bee broughte in by the knoweledge and consent of their Lorde and King Iesus Christe who onely hath power to make a lawe for them to be gouerned by And that therefore vnlesse it may be iustified that this custome namely that one shoulde excommunicate alone was brought in with the knowledge and consent of our Lorde Iesus Christe I say that by Lawe this custome is a voide custome And therefore I conclude thus 1 Euery custome begunne and continued in the Church of Christe without the knowledge and consent of Christe who onely in his Churche hath power to make a Law is no custome lawfully prescribed 2 But this custome namely that one should excommunicate alone is begun and continued without the knowledge and consente of Iesus Christe 3 Therefore this custome is not lawfullye prescribed And agayne That this custome namely that one shoulde excommunicate alone is agaynste the force of ecclesiasticall Discipline and the liberty of the church and therefore not auaylable I prooue as followeth 1 Whatsoeuer is agaynste the policye of the Churche of Christe instituted by God for the wholesome administration and gouernment thereof the same is agaynst the force and power of ecclesiasticall Discipline 2 But this custome namely that one shoulde excommunicate alone is agaynste the policy of the Churche of Christe instituted by God c. 3 Therefore this custome is against the force of ecclesiasticall discipline THe firste Proposition is playne and euidente from the definition or discription of ecclesiasticall Discipline defined to bee Christianae Ecclesiae politia à deo illius vectè administrandae gubernandaeque causa instituta The pollicy of the Church of Christ instituted by God for the good administration and gouernment of the same So that whatsoeuer may bee sayde to bee contrary or repugnaunt vnto this forme and manner of Christian pollicy the same consequently may bee affirmed to bee contrarye and
or positiue Lawe he were restrayned And therefore wheresoeuer eyther by violence or positiue lawe any one man in any one place vsurpeth power to excommunicate alone there the whole companye of the faythfull in that place is secluded from this franck ability to doe what it woulde in the spirituall seruice of the Lorde wheresoeuer I say this freedome is after this sort by a certayne violence or positiue Lawe wrested out of the power of the Church so that shee hath not free liberty to execute her will namely to banish from her society and fellowshippe all such as haue by their owne misdemeanour banished them selues from the obedience of the Lorde it must necessarily followe that therfore for one to excommunicate alone is against the liberty of the Church bringing the Church into extreame bondage and seruitude For as by the reason of the naturall man Seruitus est constitutio iuris gentium qua quis dominio alieno contra naturam subticitur Seruitude is a constitution of the lawe of nations whereby agaynst nature any man is subiect to the Dominion of another euen so by the reason of the worke of the spirite that without contradiction is to be reputed a spirituall seruitude whereby the Church of God contrary to the Law of God is brought vnder any straunge and forraine gouernment And therfore I conclude thus 1 Whatsoeuer is an ocasion that the Church of God is in subiection and bondage the same is against the liberty of the Church 2 But that custome whereby one should excommunicate alone is an occasion that the Church of God is brought into subiection and bondage 3 Therefore the same is against the liberty of the Church and if so then not lawfully prescribed and if so then no lawfull custome but a corruption THe first is prooued from the rule of contraries that whatsoeuer is affirmed in the one the same muste be denied in the other Ye were in bondage sayth the Apostle but now yee are free and therefore no more in bondage The second proposition hath beene prooued as well by the description of libertie as by the Etimoligie of bondage whereby hath been shewed the Church then to be at liberty when she may do whatsoeuer she will in the seruice of the Lorde according to the will of the Lorde And so consequently then to be in thraldome and subiection when she is bound to yeeld vnto that which is cōtrary vnto the wil of the Lorde And therefore in this respect also I may once againe conclude against the sayd custome thus 1 Euery custome which is against the liberty of the Church is a custome vnlawfully prescribed 2 But this custome namely that one should excommunicate alone is againste the libertye of the Church 3 Therefore this custome is vnlawfully prescribed BVt be it that this foresayde asserted custome were not to be reputed an erronious custome be it that the same were begun and continued by the consent and agreement of the Lordes people be it that it were not forced and violent but peaceable and without interruption be it that it were not vnreasonable and agaynst the lawe of God bee it that it were broughte in with the knowledge and consent of the Lord Christ be it that it were not agaynst the liberty of the church or against the power of ecclesiasticall discipline Though a Byshoppe might excommunicate yet a Bysh Commissary may not bee it I say that euery bishop a minister of the Gospell haue power to excommunicate alone shall it therefore followe that euery Byshops commissary or Archdeacons officiall a man not entred into the ministery a meere lay man as they cal him not capable of any such iurisdiction may do the like For though a byshop or an Archdeacon by positiue Lawe may substitute and depute another to execute iurisdiction vnder him yet notwithstanding by the same positiue Lawe hee is restrained from delegating the same to euery man without any difference or distinction of persons Extra de elect c. EPISCOPI EA QVAE SVNT c. Byshops may commit matters of iurisdiction as of iudgement excommunication and such like to others hauing no iurisdiction but notwithstanding they must bee such manner of persons as bee capable of iurisdiction but a lay man is not capable of iurisdiction Therefore hee may not excommunicate because custome can not worke that a Clearke no Byshop should exercise those thinges which are reserued to the order of a Byshop c. 10. Andre in c. ij de preb lib. 6. And the reason is Quia consuetudo non facit quem capacem because a custome maketh not one capable Euery byshop and uery minister by common right haue authoritye to preach the doctrine of faith and to minister the sacraments in his necessary absence may haue this duety herein perfourmed by another but yet neyther the Byshop neither the minister in his absence may leaue any one not called to some function in the ministery to preache the Gospell though the same partye were the godliest and wisest man in the whole country The Emperour may appoint Presidentes and Proconsuls in prouinces to be his deputies to execute iustice vnder him and in his name and the Pretor may appoint tutors and curators to pupills and orphanes but yet neither the one neither the other maye therefore appoint children or madmen or women to those offices The Lorde Chauncellour of England vnder her maiesty hath authority to place Iustices of peace in euery sheere yet can he not appoint a Spaniard or an Italian borne A bishop likewise as he himself by reason of his fūctiō the ministeri cōmitted vnto him by law positiue is made as he supposeth capable to excōmunicate so ought he to delegate the same his office only to one of the ministery not to a doctor or bacheler of law a meere lay man though he professe the gospel much lesse to a suspected or known popish doctour or bacheler of law a meere laye man too an enimy to the gospel For what authorty haue these kind of men ouer the ministers of the gospel Did euer Moses or Iosua or Dauid or Iosiah cōmanded any Ebrew not of the tribe of Leui to execute the priests office did Aaron or any his faithul successors euer supply their roomes execute their offices by one not of their owne tribe And if these men may not be foūd to haue done these things much lesse woulde they euer haue tollerated a priest of Baall or a Philistine no priest at all to haue entred into the sanctuary It was not lawful for Aaron or his Son Eleazer to cōmit the folding vp of the sanctuary vnto any of the family of the Koathites And therfore I say that a bishop or an archdeacō can no more cōmit the office of executing the disciplin of the Lord Christ to a lay man as they cal him or one that is no minister then he can cōmit the office of preaching baptising to one that is no
Lyndw. ne clerici vel monac c. vlt. PRESENTI DECRETO c. Wee ordeyne by this present decree that Clearkes beneficed or placed in holy orders bee neyther admitted gouerners of Villadges as to be Stewards or Bayliffes of such administrations by occasion whereof they might be lyable to make accounts vnto laye men neyther yet that they exercise anye secular iurisdiction speciallye those whereunto iudgement of bloode is annexed And from these decrees I conclude thus 1 Whosoeuer ought to attend vppon the alter and to giue him selfe to prayer and making of supplication ought not by anye testament to bee made a Tutor or Gardian 2 But euery one honored with the holy priesthood and placed in the ministery of Clearkes ought to attend vppon the Alter and apply him selfe to prayer making of supplication 3 Therefore none honoured c. and placed c. ought by any testament to bee made a Tutor or Gardian 1 Whosoeuer is gouernour of any Village Steward or Bayliffe of anye liberty or bayliwicke is by vertue of his office accountable to the laytie 2 But no Clearke beneficed or otherwise placed in holy orders by occasion of temporall officers ought to bee accountable to lay men 3 Therefore noe Clearke beneficed or anye other placed in holye orders ought to bee anye Gouernour Steward or Bayliffe THE lyke constitution was made by Octobone sometimes Legate from the Popes side here in Englande and speciallye publyshed againste the excesse of our Englishe Cleargy in this behalfe Constitu Octob. ne clerici iuris secular exerceant CVM HONESTATIS c. Insomuch as it is reputed a speciall decency of ecclesiastical honesty to be farre estranged from carnall actions we deeme it a very heynous and filthy thing that handes deputed vnto heauenly ministeries shoulde be intangled with secular affayres Or that certaine Clearkes seeking after earthly gaines and temporall iurisdiction thorowe a foule and greedy rauine doe receiue from lay men seculer iurisdiction and be called Iusticers and minister iustice which they cannot minister without a dissipation and iniury of ecclesiasticall order Therefore we desirous to extirpate this horrible vice straightly forbid all persons of churches and Vicars with perpetuities yea also all other manner of persons whatsoeuer placed in the ministery that they presume not to take any secular iurisdiction of any secular person or to exercise the same according to the precepts of holy Canons by this present Constitution we straightly inhibite that none placed in spirituall warfare presume to exercise in the secular court the office of an aduocate eyther in the cause of bloud or in any cause whatsouer saue onely in such causes as are permitted vnto him by Law And we likewise forbid that any cleargy man shoulde presume to bee eyther a iudge or an assessor Which constitutiō of Octobone as it seemeth in some sence and in some respect to exempt cleargy men altogether from the power and soueraignty of Kings and princes denying them indeed power ouer the Cleargy and so in this sense be contrary and repugnant to her highnesse Crowne and prerogatiue royall and therefore not authorised by act of Parliament though in the end the same Legate seeme to allowe the Kings priuiledges adding these words Saluis domini Regis priuilegiis Sauing the priuiledge of my Lorde the King So in another respect and in another sence if regard be had to the generall equitye of the inhibition we shall finde the same to agree altogether with the reasons of the former prouisions For in this constitution the Legate allegeth other reasons then before were alleaged and forbiddeth other offices then by the former were forbidden The reasons may be gathered thus 1 Whatsoeuer is iniurious vnto the ministerye or breedeth a dissipation of the ministerye the same may not be lawfully layde vppon the ministery 2 But to be deputed a minister of iustice to be made an aduocate a Iudge or an assessor is iniurious to the ministerye and breedeth a dissipation thereof 3 Therefore these offices may not be deputed vnto them 1 Whatsoeuer may be cause that the cleargy by any foule fault should swarue from the workes of fayth the same may not lawfully be layde vpon the cleargy 2 But to be made a Iustice an aduocate a iudge an assessor in seculer Courts may be cause that the Cleargye shoulde swarue from the workes of faith 3 Therefore Cleargye men lawfully maye not bee made Iustices aduocates Iudges or assessors in seculer courtes WHich two reasons of this prouinciall decree may probablie seeme to haue beene collected out of some more auncient Canons long before that time established wherby the like offices were forbidden and principally for these causes following 21. q 3. peruenit Gloss non exerceant Extra de vit honest cler c. clerici consecratio distinc 5. c. First that for filthy lucres sake they meddle not with taking to hire possessions seculer causes Secondly that thorough slouth idlenesse they separate not themselues from the holy ministeries Thirdly that they runne not a gadding to the Courtes of seculer princes And lastly because the Psalter should neuer be out of their handes And not onely vpon these groundes haue these Lawes at the first had their essence and establishment but sundry other considerations as forceable as these are apparantly known to the learned in the laws for the ouerthrow of ciuill Iurisdiction in ecclesiastical men In the administration of ciuil Iustice euery one in commission of peace without respect eyther of the person or of the cause oughte indifferenly and vnpartially to execute his office For bee a man once sworn in commission of peace he may not afterwards deale with hearing of what causes he list hee may not take notice of halfepeny matters and post ouer matters of bloud to his fellow iustice hee may not onely set an ende betweene neighbour and neighbour for shrewde wordes passed but he must prosecute the murtherer to death he must take his examination and he must send him with a Mittimus to the Iaile He must at the generall Sessions of gayle deliuery certifie the murtherers confession Now because it is a matter very haynous by the ecclesiasticall lawe in force that any ecclesiasticall person shoulde bee present in any place where any sentence is giuen for the sheading of bloud much lesse to bee a minister of Iustice in a cause of bloud Therefore ciuill iurisdiction for this cause also is forbidden ecclesiastical men And among many constitutions I haue thought good to recite onely these that follow Extra ne cleric vel mon. c. clericis CLERICIS IN SACRIS ORDINIBVS c. It is not lawfull by the Councell of Toletane for Clearkes placed in holy orders to handle iudgement of bloude Wherfore we prohibit that they by them selues neyther chop of any members or cause any to be chepped off For if any shall doe such a thing let him be depriued of his honour and of his place And agayne
Extra ne cleric vel monac c. sententiam A Byshop may not bee a iustice of peace in cause of bloud SENTENTIAM c. Let no Clearke indite or pronounce a sentence of bloud neither let him put in execution any sentence of Bloude or bee present where it is exercised Neither let any clearke indite or write Letters to bee destined for the auengement of bloud Therefore in the courts of princes let not this care be committed to Clearkes but to lay men And agayne Extra de exces prelat c. extra EPISCOPVS cuius authoritate c. Abishop by whose authority manslaughter is committed is deposed from the ministery of the Alter and from his pontificall office and from the administration of his Bishopricke A Bishop eyther directly or indirectly giuing cause that manslaughter be committed the same being committed ought to be depriued from his Byshoply and Priestly office to be remooued from the administration of his Bishopricke And that this Chapter may not seeme sayth the Glosse to be vnderstood of manslaughter or murder vniustly committed or perpetrated these words are added in the Text Quia propter furtum quidam fur suspensus erat Because for theft a certayn theefe was hanged In the time of Henrie the second I finde that the sayde King gaue certayne Priuiledges and immunities vnto the cleargy the Tenor of which graunt ensueth Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI EPISCOPI c. The Archbishops Byshops and all persons of the kingdome which hold of the King in cheefe let them haue their possessions of the King as a barony and thereof let them aunswere to the Kings Iusticers and Ministers and let them follow and doe all the Kings customes and as other Baronnies so shall they be present in iudgementes of the Kings Court with the Baronnes vntill the matter come to the losse of member or to death By which priuiledge graunted vnto the cleargy as I suppose our Bishops at this day haue their seates in the Starre Chamber and are Lordes of the Parliament house For before the graunt made by this King it doth not appeare they had any such priuiledges the words of the king not ratifiyng or confirming any former graunt made by his auncestors and predecessours Kings of England as in all giftes of confirmation vsually is done but gratifiyng his Clergy and other of his subiectes by giuing them newe liberties and franchises whereof before his time they were not possessed for in the graunt there is no repetition or mention of an Inspeximus wee haue seene the charters of our father grandfather or great grandfather but here is a meere and absolute graunte deriued principallye from the kings owne person H. 2. Whereby I gather that these offices in Cleargy men haue not bene of any long continuance in England and that by the ancient laws and customs of England they do not properly belong vnto them onely the King by his prerogatiue hauing power to make Barons at his royal pleasure and to appoint Iudges in his Courtes at his gratious will hath by the same his Prerogatiue graunted vnto the Cleargy that which before time by the common laws of his Empire did not appertayn vnto them and that therefore as the common weale was gouerned iustice ministred and lawes executed in the Kings Courts by the Barons before the time of this graunt by H. 2. without the ayde and assistaunce of Cleargye men euen so might the common weale at this day be as well gouerned by the like gouernment without any help frō any of them as in deede and truth the same in matters of pollicye and greate state these 24. yeares hath bene wonderfully gouerned without them For which of the Cleargy men since the Lorde sealed vp the eyes of Queene Mary hath once set his foote within the Councell Chamber dore to consult with the Nobility of matters of state Which of them hath carried any sway or borne any stroake in the Starre Chamber otherwise then as the punie Baron there hath doone And if Archbish and Bysh may be spared in the Parliament house yea may not come into that assembly at all whensoeuer any statute is to be made touching felony or treason or the losse of any member or sheading of any bloud◠I see not but they may as well be spared in matters of possessions and inheritaunces and in other matters of state and pollicy whatsoeuer and so much more rather in these then in the former by how much more the life of man is more precious then all other earthly possessions or treasures And by howe much more the taking away of the life of an innocent is more odible and heynons before the Lorde in case it be not done according to his worde In which matters the diuines are fittest to bee consulted with and whose counsels are not to be omitted least life bee taken away where it is forbidden or death take no place where it is commaunded But be it so that our B. may pretend their iurisdiction in ciuill causes to bee more auncient then from the time of K. H. the second yea be it that they may deriue the same from Edgar or Canutus before the conquest yet because Canutus ordayned that the B. of the Diocesse should be present at the Courtes of euery shire onely to teach the people Gods Lawe as Edgar before him had appointed the Shirife to be present at the assemblies and Synodes holden by the Cleargy twise a yeare onely to teach the same clergy mans Lawe namely the lawe of the Realme They are not to boast of Antiquity for their iurisdiction in causes ciuill They haue beene appointed long sithence to meete in deede in Ciuill Courts but onely to exercise the spirituall sworde But were it so that by the Lawes of Edgar and Canutus they might seeme to challendge great regalities dignities and immunities yet they know that by the Lawes of the first King and last King of the most noble most highest and most holiest king the king of al Kings our Lord Iesus Christ whose vassalls in worde they professe themselues to bee they haue no such enfranchisemēts granted vnto them yea rather that they be precisely willed being ministers of the gospel not to be called Lords or to be deuiders of inheritaunces But we will goe forward For not onely the decrees and ordinances before mentioned against seculer iurisdiction and ciuill offices in Ecclesiasticall men haue bene made and published by the B. of Rome and his Legates or Messengers for the regiment of his Cleargy a kinde of people as he saith onely to be gouerned by such positiue lawes as proceede from his brest Ciuil gouernment forbidden by the ciuill law to ecclesiasticall men But the Emperour also by the Lawes of his Empire hath directlye and absolutely commaunded the same ALIVM AVTEM FIERI c. But we suffer not a Byshop or an elder in his owne name or in the name of his Church or ministery to be made a receiuer or
of lay men as in trueth it is already executed by lay men yet the Courtes of Arches and Audience and the Court of Delegates might remayne and continue still and as they ought indeede so they might in worde as well and better to bee called the Queenes Courtes of Arches and Audience as the Archbysh of Canterburies Courtes of Arches and Audience As conuenient for the Doctors to attend vpon the Queene as vpon the Archbysh And as good a sight it were as dutiful a part for my masters Doctoures of the Ciuill Lawe in their Scarlet robes to attend vppon her Maiestyes roiall person in case she passed thorough Paules as to attend vppon their Lordes grace his person And as touching euery other Consistory nowe called the Bpshoppes or Archdeacons Consistory for auoyding of confusion and many iudgement seates if they were vnited and reduced in euery Shiere or euery Diocesse to one consistorye it mighte lykewise haue the name of the Queenes Consistorye and the Courtes bee called the Queenes ciuill Courtes as wherein according to the natures and qualities of the causes before specified Ciuill Iustice might bee ministred and the Popish ecclesiasticall Lawe abandoned and as a froth or filth bee spewed oute of the Common Weale Her hignesse can not more gratify the Pope then by executing his lawe For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye as by authorising and practising his Lawes nor by no meanes can shee more honour the Lord then vtterlye to abandon all semblaunce of any gouernment proceeding from an enemye and Traytour to his Maiestye Neyther were it a Dodkin matter so little is his Lawe worth in her state and gouernment to haue all Bookes of her enemyes Lawes layde on a heape in Smithfielde and sacrificed in Fire vnto the Lorde her owne common and statute Lawes the Ciuill Lawe for the exellencye thereof receyued among all Nations and certayne prouinciall Constitutions made heretofore at her Auncestours commaundement haue for the moste part alreadye and where neede is speedilye maye haue sufficient matter in them for the gonernment of the Church and Common weale without any helpe from the Laws of the enemy of the church and Common weale Instit de iur natu genti ciui § sed quod The Lawe of a King is as it were the mouth of a King for that he alwayes speaketh by his Lawe And if wee suffer the Pope to speake amongest vs as a King doe wee not honour him as a King If wee imbrace his power doe wee banish his personne If you say that they bee not executed as his Lawes but as ours I aske you agayne why shoulde they at all be executed as oures For in trueth they doe lesse good vnto vs then an Herb-Iohn doth as is sayde in the Potage for that Herbe doth neyther good nor harme But these Lawes doe annoye vs vvonderfullye and they doe vs no manner of good at all They are altogether needelesse they are altogether Bootelesse I woulde to GOD they were altogether footelesse too For touching the gouernment of the Church wee haue first the perfect and altogether righteous Lavve of God to rule the same by Secondlye wee haue her Maiesties Iniunctions the common and Statute Laws of the Realme and the prouinciall constitutions conteyning in effect whatsoeuer ought in anye case by any subiect to bee practised within this Realme Touching the administration of Iustice in anye ciuill cause before mentioned and wherof practise is made in the ecclesiasticall Court there is nothing good in the whole body of the Canon Lawe concerning the same but the same hath beene culled out of the Ciuill Lawe it is but an Epitomy of the Ciuill Law The rules of the Cannon Lawe are for the most part rules taken out of the Ciuill Lawe onely there is this difference that by the Cannon Lawe a man in some case shall not in his whole life time get an end of his suyte as these parties that had a cause depending in the Popes Court twentye foure yeeres and yet in all that space Lis non erat contestata an issue could not bee ioyned wheras by Ciuill Law a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste or else the Agent becommeth non suite And if vppon cause the matter bee appealed after definitiue sencence the same cause of appeale ought ordinarily to bee ended within one yeare or vppon some iust cause extraordinarilye happening vvithin two years Otherwise the appeale is frustrate so that in both instaunces fiue yeares onely must bee spent in suit of law And nowe what reason is there that the Canon Lawe shold be still canonized amongst vs when it was ordeined that none should proceed in any vniuersity doctor of the Canon lawe I thinke the meaning of the ordinance cheefly was that leauing no hope of preferment to the professours thereof the thing being of it selfe so vile they shoulde loose no labour in the study thereof But I will conclude that in as much as by the Canons Constitutions ordinaunces and synodalles prouinciall made before the 25. yeare of Henrye the eyght Byshpos and all other Cleargy men are forbidden to be Vicountes Presydentes Iustices Stewardes Bayliefes gouernoures of Villadges Iudges Aduocates Assessors Tutors Gardians Ouerseers runnagates to seculer Courts farmers of temporall possessions receyuers of reuenewes present in anye place where mencion of anye processe or iudgement is to bee awarded agaynste anye man to the sheading of bloude And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication and not to neglect their office and to intangle them selues with worldlye businesse And for as much also as the Emperour hath vppon substantiall reasons and principles inhibited the Cleargy vnder his Dominions the like offices to the end there mighte bee no confusion of gouernment nor mingling of offices nor Iustice vnministred nor one to defraude another and for as much also that such Canons Constitutions ordinaunces and synodalles prouinciall before specified bee not contrariant nor repugnaunt to the Lawes Statutes and Customes of this Realme nor to the domage or hurt of the Queenes Prerogatiue royall but rather for the establishment of the same the same Canons beeing both founded vppon the Lawe of God whereby her prerogatiue standeth and is vpholden and confirmed by the Lawes of reason and nature and also ratified by the consent of Emperoures and nations that therefore these Canons constitutions ordinaunces and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight and that therefore it is vnlawfull for Archbishops bishoppes or anie Cleargie men to beare any ciuill office in the common wealth If any except that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices and that therefore these Canons were not then in vse and executed and therefore not in vse now or to
matter of farre lesse wayght then this Quod inconsultò fecimus consultò reuocamus That which wee vnaduisedly haue done wee aduisedly will reuoke and vndoe And Sir for your part it is very necessarie and expedient for you that wee depose you in deede because Tanto grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the like were in my simple vnderstanding a noble and famous practise of a good and godly Byshoppe labouring to procure peace and prosperitie vnto Ierusalem What may a Byshoppe depriue an honest poore man from his benefice dispossesse a faythfull man of his ministerye stoppe the mouth of the Lordes watchemen and imprison a paynefull teacher in the Clincke in case hee weare not a Surplesse in case hee marrie not with a Ring in case he crosse not in Baptisme or in case hee subscribe not to euerie newe Article inuented by his Ordinarie And may not the same Byshoppe remooue a man that hath openly played the hypocrite publikely falsifyed his worde ympiously committed sacriledge yea and that which is worse hath made an open mocke at the Lawe of GOD and deluded the Lawes of her Highnesse Empyre Is the firste a lawlesse and rebellious PVRITANE I vse but their owne tearmes and is the seconde a dutifull and loyall vassall If a PVRITANE as they call him making conscience not to offende his God in any small thing for his conscience sake bee worthie to bee whipped and excommunicated is a Foolitane making no conscience to offende his GOD in all thinges not worthy once to be summoned Etrauag de elec c. cum dilectur Concerning an olde obiection perhappes by some olde Canoniste to bee obiected that euerye sentence of the Bishoppe whereby hee pronounceth anye man fitte and capable of the ministerye is a definitiue and irreuocable iudgement in case no appeale bee made from the same though my former aunswere were sufficient for the same election yet to aunswere LAWE with LAWE I answere with the glosse that propter aliquam causam post à emergentem potest quaeri quia quae de nouo emerguut nouo indigent auxilio ita semel probatus iterum probatur reprobatur For some cause afterwardes arysing inquisition may bee made because thinges newly happening doe want a newe supplie and so one beeing once allowed may againe be allowed and disalowed And therefore to cōclude if such as bee in authoritie loue the peace prosperitie of the Church of Christ if they desire the good successe of the Gospel if they will preserue the state of this Realme if they thinke it necessarie to haue good Magystrates to haue good Lawes and orders in a common wealth If they esteeme learning and seeke to prefer it If they hate confusion if they allow of their owne conditions like of a kingdome better then of a tyrannous state then are they to prouide betime some speedie remedie for these such like kinde of men and such maner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to bee contemned and broken without sharpe and seuere punnishment they are not to suffer such as execute them not to be vncontroulled vnrebuked and vnpunnished they are not to suffer such as speake for them preach for them call for them and write for them anie more to be checked tanted frumped and shopped vp eyther let their lawes be lawes indeed and maintained as lawes or els deliuer vs from our dueties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I slylie and couertly as one captious ouer the whole state of the Church should insinuate no lawfull ministerie to bee in England because some one of these points perhaps haue bene are daylie omitted in making euen the beste men that are in the Mynisterie at this daye I aunswer touching as well the whol Church as the learned and vnlearned minister the preacher and him that is no preacher the pastour and him that is no pastour I aunswere I say touching them all as followeth First I confesse that our Lorde Iesus Christ hath a true Churche and a faythfull spouse in England receyuing the doctrines and Sacramentes of Christe publikely taught and administred in the Churche of England wherein we haue ELIZABETH by the grace of God Queene of Englande Fraunce and Ireland a foueraigne a sole and a lawfull gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto hir out of the word of God by the ministers for the abolishing of all and all maner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernement of the sayde Church ought to be faithfully embraced and diligently put in execution by his Maiestie according to the prescript rule of the blessed worde of God And againe that the ministers ought euermore in a reuerent and holy feare to teach what so euer they know to bee commaunded or forbidden by the same worde and to shew the daunger as well to the magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the magistrats and ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred word prescribeth and their own saluation requireth Againe that neither the magistrate without true instruction from the ministers Nor the ministers without due authoritie from the magistrate ought to wrest any thing into the gournement of the Church For both offices and gouernments Magistracie and ministery are very holy and honourable beeing seuerall tend to seuerall endes and bring foorth seuerall euents in the administration and gouernment of the Churche the one is the mouth the other is the hand of God the one by worde the other by swoord ought to execute the Lordes iudgementes in the Lords house The Prophet Esay at the commandement of the Lord teaching that the Princes of Iudah and Ierusalem should cast away the rich ornamentes of gold as a menstruous cloath did stay him selfe with the publishing of this his doctrine he onely refourmed him selfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these wordes in your eares he hath sent me to prophecie against this house and against this Citie al the things that ye haue heard as for me behold I am in your handes do with me as ye think good and right And though Iehoiakim the king with all his men of power the
of the worde of God and therefore it is needelesse to make any repetition thereof Onely I would haue the reader diligently to marke the wordes of the Statute forbidding all manner of Dispensations in any matter or cause repugnant to the worde of God For though the aduersary cauill that we finde not in the scriptures these Termes Viz. Licenses Tollerations Dispensations c. precisely specified in any commaundement prohibitory in the Scriptures Yet in as much as the matter or cause of Dispensations for many benefices is there generally forbidden as ambition pride couetousnes perill of soules c. It is against the peace profit of the common weale that the Archb. should dispence Therefore it followeth that by this statute Dispensations in this case are absolutely inhibited The minor proposition of the second Syllogism may be confirmed by three euident reasons First from the euent which by our owne common and daily experience we too too well knowe to be true For by the same we see a fewe wealthy and ritch Prelates in pride iolity to be maintained and a great number of needy Stipendary Curates and poore Ministers to be vtterly destitute of meete and conuenient allowaunces so that sometimes after theire dissease their distressed wiues and Children are forced eyther to bee releeued by the seuerall Parishes of their aboades to the impouerishing of the same parishes or else constrained to beg from place to place so be chastised as rogues or pilfer steal and so be punished as fellons Secondly by a comparison drawn from other Statutes of the realme prouiding that one rich and mighty man shoulde not exercise many seueral misteries trades and faculties and so rob the poorer sort from the ordinary meanes wherby they might liue well and honestly in the common wealth The third reason is taken from an adiunct or common accident to euery common weal rightly gouerned that is that the last Willes and Testamentes of all and singular testators be duely execued especiallye such as whereby the honour of God is promoted the Church and common weale manifestly regarded but vnto the performaunce of the the last Willes and Testaments of many patrons endowing many churches with large and ample possessions to the intent conuenient liuinge might be alwayes prouided for Pastors to be resiaunt and to feede their posterity with the foode of life the worde of God there can be nothing more preiudiciall or more derogatory then that these seuerall patrimonies and inheritaunces appointed by seuerall patrons for seuerall Pastors to such seuerall and good vses shoulde by the dispensation of one man be transformed and giuen to another vse contrary to the testator his intent and purpose And therefore I confirme my Minor Proposition by these three conclusions 1 Whatsoeuer is an occasion that poore and needy Ministers their wiues and children do want a competent conuenient maintainance the same is not necessary for the profite peace wealth and conseruation of the common weale 2 But that one man shoulde by dispensation enioy many benefices is an occasion that pore and needy Ministers their wiues and Children doe want a competent and conuenient maintainance 3 Therfore that one man should by dispensation enioy many benefices is not necessary for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion that one man shoulde enioy the offices liuings of many men the same is not necessary for the peace profite wealth and conseruation of the common weale 2 But that one man should by dispensation enioy many benefices is an occasion that one man should enioy the offices and liuings of many men 3 Therefore that one man should enioy by dispensation many benefices is not necessarye for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and derogatory to the last willes and testaments of Testators disposing their patrimony to lawfull holy vses the same is not necessary for the peace profite wealth and conseruation of the Realme 2 But that one man by dispensation shoulde enioy many benefices is preiudiciall and derogatory to such last Willes and Testaments 3 Therefore that one man by dispensation shoulde enioy many benefices is not necessarye for the peace profite wealth and conseruation of the Realme It is inconuenient for the honor safety of her highnesse person for the Archb. to dispence COncerning the validitye of the Minor proposition of my third syllogisme drawne from the conueniencie of her highnesse honor namely that it is not conuenient for the honour and suerty of her Highnes person to leaue any manner of authority for the Archb. to dispence none may wel doubt therof but only such as respect more the pomp and glory of an Archb. then the dignity preeminence of a Christian King For in good soth this statute made principally to abolish al vsurped power challēged by a forrē Romish pope ouer the king his subiects yet to authorise a domestical English Archb. in his roome containeth in it such a contrariety such an absurdity as it is wonder how either any Archb. durst challenge the executiō thereof or else how hir highnesse most noble Father brother her highnes own person could endure the same so long vncanselled vnrepealed especiallye the same being most preiudiciall to their regall crownes and dignities For first by the vertue of this Statute it is enioyned the Archb. and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for anye cause or matter repugnaunt to the lawe of Almighty God Secondly it is permitted vnto the sayde Archbysh and his successours by their discretions to graunt vnto the K. Maiestie and to his heires and successours Kings of this Realme all manner such licenses c. as heretofore haue beene accustomed to bee had and obtayned by his Highnesse or any his Noble Progenitors or any his subiectes at the sea of Rome Which two clauses without dishonour to the Maiesty of God or preiudice to her highnesse prerogatiue cannot possible establish a sound and perfect Lawe For first in as much as the popes person was neuer duly qualified to be a Lawfull dispensor or any lawfull Magistrate in the Church of God it is manifest that euery dispensation granted at that time at the sea of Rome was directly against the Lawe of God as graunted by one that was no member of the Church of God Again In as much as the trueth of the Gospell warranteth vs that symony Vsury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and times not eating of flesh in Lent and such like are against the Lawe of God it is euident that dispensations graunted at that time for these and such like things at the Sea of Rome were granted in causes and matters repugnant to the law of God and so by the former braunch of this statute being
minister such men are altogether vncapable of such offices For CONSVETVDO c. A Custome cannot giue authoritie vnto priuate persons to excommunicate neither to degrade or depose neither yet to arest Cleargie men or bodily to chastice them De offic Archid. c. cum satis Extra de elec c. transmissa De cleric co◅ c. cle 10. lib. 6. Touching the statute made in 37 yeare of Henry the eight that al singular persons as well laye men as those that were then or shoulde afterward be marryed beeing Doctors of the Ciuile law lawfully create and made in any vniuersitie maye lawfully execute and exercise all maner of iurisdiction and all Censures and coertions appertaining or in any wise belonging to the same First I aunswere that the same is but a law of man and therfore by man may be abrogated Secondly that as it was made in a corrupt time so in truth the statute in that poynt is corrupt and ought therefore in the same point to be repealed For though the same statute in some respect establishe and confirme vnto the king and his successors and so vnto our most gratious soueraigne Ladie the Queenes maiestie that now is lawfull preeminence power superioritie and Lordship ouer all persons within hir Dominions of what state or condition soeuer touching punishment for any heresies errours vices schismes abuses idolatries hipocrisies and superstitions springing or growing by meanes of any hir disobedient and disloyall subiectes so hath hir maiestie by hir iniunctions published that hir highnesse did neuer pretend any title or challenge any authoritie to punnishe any of hir subiectes for any of the sayde offences by censure Ecclesiasticall in right belonging to hir royall person but that hir highnesse meaning and intent is and alwayes hath beene to commit the execution thereof alwayes to the Ecclesiasticall state of hir time Hir Iniunction is as followeth The Queenes maiestie beeing infourmed that in certaine places of the Realme sundry of hir natiue subiectes beeing called to Ecclesiasticall ministerie in the Church be by synister perswasion and peruerse construction induced to finde some scruple in the forme of an oth which by an act of the last Parliament is prescribed to be required of diuers persons for the recognitiō of their allegiance to hir maiesty which certainly neuer was euer mēt ne by any equity of words or good sence can be thereof gathered Woulde that all hir louing subiectes should vnderstand that nothing was is or shal be ment or intended by the same oth to haue any other duty allegiāce or bond required by the same oth then was acknowledged to be due to the most Noble kinges of famous memorye King Henry the eight hir maiesties father or king Edward the sixth hir maiesties brother And further her maiestie forbiddeth all maner hir subiectes to giue eare or credit to such peruerse and malicious persons which most sinisterly and maliciously labour to notifie to hir louing subiectes how by the wordes of the sayd oth it may be collected that the kinges or Queenes of this Realme possessours of the crowne may challenge authoritie and power of ministerie of diuine offices in the Church wherein hir sayde subiectes be much abused by suche euill disposed persons For certainly hir maiesty neuer doth ne euer will challenge any other authoritie then that was chalenged and lately vsed by the sayd noble kinges of famous memory king Henry the 8. and king Edward the sixth which is and was of auncient time due to the imperiall Crowne of this realme that is vnder God to haue the soueraigntie and rule ouer all manner persons borne within these her realms Dominions and Countreis of what estate either ecclesiasticall or tēporall soeuer they be so as no other soueraigne power shall or ought to haue any superioritie ouer them And if any person that hath conceiued any other sence of the form of the said oth shall accept the same oth with this interpretation sence or meaning hir maiestie is well pleased to accept euerye such in that behalfe as hir good and obedient subiectes and shall acquite them of all maner penalties contayned in the sayde act against such as shall peremptorily or obstinately refuse to take the same oth By which Iniunction we may euidently perceiue that as the Lord hath restored vnto hir maiesty the scepter of iustice and iudgement ouer all persons within hir Dominions and reunited the gouernment ouer the ecclesiasticall state to hir highnes crowne and dignity so hir maiesty remembring the Lords goodnes towardes hir mindeth nothing lesse thē hereby to cōfound the two principal offices in his church viz. magistracie ministery but leaueth them still distinguished as by his word he hath prescribed challenging vnto hir selfe as chiefe magistrate nothing els but power to commaund both that the true ministery be duly executed by men lawfully called thervnto and also that hir lawful magistracie may be aduaunced in all thinges according to his word Wherin we see hir maiesty both in respect of hir sex and in respect of hir ciuile office vtterly to haue refused to take this part of the ministery vpon hir as wel as she doth abstaine from ministring the Sacramentes or dispensing the word by publike preaching She contenteth hir selfe with the authority limited vnto hir by the word of God ouer the bodies goodes liues possessions of hir subiects she challengeth no power ouer their soules as by excōmunication to deliuer them to sathan If any person whatsoeuer shall offend against any law statute or custome of this Realme whereby he may incur any bodily punishment she thinketh it sufficient for hir by hir processe to summon him before hir tribunall seate and vpon his triall to haue in hir name iudgement pronounced against him for the breach of hir highnes lawes whether the same consist in losse of life goods landes promotions or whatsoeuer And as touching ecclesiastical coertion if any of hir people deserue to be punished by the ecclesiastical ministery hir highnes demandeth no other soueraignty then to cōmaunde the ministery to exercise the discipline of the Church againste the offenders as by the lawes of God they are cōmanded and in case they of the ministerie shal be herein remisse negligent then to punish them with such paines as either by hir lawes is prouided or by hir wisdom shal be thought expedient in that behalf for the contempt of hir gratious cōmandemēt neglect of the Lords seruice In which diuersitie of punishments the diuersitie of the offices of magistracie and ministery doth manifestly appeare Magistracie hauing euermore regarde to the bodye and outwarde man but ministery alwayes to the soule and inner man The magistrate punisheth with bodily chastisemēt the minister with spiritual discipline neither doth th one hereby derogate frō the other or any whit weaken the other but rather ech one strengthneth fortifieth the other For the mind brought in frame by discipline frameth the whole body to a more holy obedience so that
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
rites ensignes and ceremonies c. yet now foras much as we are certaynely infourmed that they bee altogeather Antichristian and therefore expresly against the worde of God we maye and ought to vrge the generall intendement of the statute generally to take them awaye Secondly were not the foresayde popishe rites ensignes and ceremonyes Antichristian and expresly against the lawes of GOD and therefore by this braunche of the statute might bee ministred vsed and exercised yet notwithstanding it is manifest that the sayde rites ensignes and ceremonies haue not beene appoynted by the prerogatiue of anye of the Kinges of this Realme but haue beene transferred from Italye vnto Englande by a forren and vsurped power and therefore by the seconde braunch of the statute as thinges authorized contrarye to the Lawes of the Realme are not anye more to be vsed or exercised In the time of King Henry the seconde we haue seene before that this priuiledge was graunted to Archbishops and Bishops that they shoulde holde their possessions of the King as a Baronie and shoulde be present in the Kinges courtes as other of his Barons If in these dayes they did sitte them selues in their owne Consistories and exercise gouernement by the lyke authoritie their Courtes happely woulde not be so contemptible as they bee nor their iudgement seates so abused as they are The people woulde be better quyeted in those places and offer lesse iniurie to the magistrate then now they doe And therefore I conclude that though hir highnesse and the lawes indirectly and as it were alatere tollerate these men to rule and gouerne according to those forreigne lawes whereof they haue the execution yet the more faythfull and loyall euery subiect is the more he should and doth contende to haue the whole and entyre gouernement of the Church and Common weale directly immediately and absolutely to spring from hir highnesse as from the heade and fountaine vnder Christe of all gouernement to be executed amongest hir subiectes In dooing wherof they shall dutifully and Christianly more and more mayntaine hir prerogatiue The Emperour forbidding Ecclesiasticall men to vsurpe Ciuill offices lost no whit of his imperiall prerogatiue ouer the subiectes yea rather hereby he openly declared the magnificence of his Empyre and the absolute authoritie he had ouer them and that as well by forbidding things not to be doone as by commaunding thinges to bee done Enemies of reformation enemies vnto hir maiesties prerogatiue For though he spoyled them of vnlawfull preeminences yet he enriched them with lawful liberties I know not the inward intent and meaning of such as mislike to haue ciuill gouernment translated frō Archbish Bish and Archdeacons vnto the ciuill magistrate But if I may speake that which may shrewdly be suspected they may seeme to be greater enemies to hir highnes prerogatiue then others be For though outwardly in wordes they seeme to graunt vnto hir all libertye in the disposition of ciuill offices whervnto the others do likewise agree and condiscende yet they seeme in deede to be loath she shoulde drawe the sword of hir prerogatiue cut a sunder the coards of their cōsistories They graunt hir authoritie to make them selues iustices of peace and ecclesiasticall commissioners and so wage law for hir prerogatiue An easie matter for them to stande in plausible to flesh and bloud their outwarde man delighteth with outwarde pompe and credit But suppose the case stood between the Archb. Bish and Archd. and hir maiesty for hir prerogatiue in abolishing their iurisdictiō trāslating the same to others that the matter were to be decided by the gretest part of their own voyces that their voyces were to be giuen in scrutiny not any waies to be knowen who had giuē his voice with or against hir prerogatiue in this case I feare me rather then their Lordeshippes shoulde take the foyle they woulde lay hir prerogatiue in the dust selfe loue woulde haue a strooke and fleshe and bloud woulde be loath to loose any liberty The history of Henry the fifth and the Oration of Henry Chychuby Archbishop of Caunterbury made in the Parliament house to alienate the Kings minde and to disswade his Nobles from the enterprise whereof hee and they had consulted touching the ouerthrow of irreligious houses and to draw their endeuours to make warre and to leauie an armie against the French king might be a forcible argument to anye to perswade him selfe the same thing in this case though he had no other reason to induce him therevnto But the vnciuill intreaty of hir highnesse owne schollers elected by hir gratious commaundemement from Westminster to hir owne Colledges in Cambridge and Oxenforde euen by such as would seeme in words to set vp mightie propes vnder hir prerogatiue argueth manifestlye the same thing For otherwise hir maiesties schollers in all respectes as well qualified as their owne and alwayes elected halfe a yeare before their owne might once in the space of twenty foure yeares though not for their owne sakes yet for their honorable Lady and mistresse sake haue receiued some more fauourable intertainment and preferment in those houses then hitherto they haue done The maisters of those houses woulde not haue placed them next vnto the screene and set them next vnto the Porters lodge as by elections vnto fellowships in the one schoolerships in the other they a long time haue doone Whereas on the contrary side it is apparantly knowen that sometimes the Dean of Christ church in Oxenford a great friend to reformation and a man for his excellent knowledge and wisedome in gouernment singularly commended euen by his enemies in these small matters gaue an apparant and rare example of his humble dutie and loyaltie vnto hir highnes For the reuerent estimation he had caryed of vnto hir highnes ordinance and institution he placed a scholler sent thither by hir maiesties appointment firste and senior vnto all those that were elected into the house at that time he him selfe brought the same hir scholler to his chamber and placed him in a Chamber and studie commonly appoynted for the ancients of the house all his owne schollers were inferior vnto hirs and placed beneath hirs Since the departure of which man if the Audite or butterie bookes of that house were sought you shall finde hir schollers names written alwayes in the latter ende of the booke the last of forty and placed after his scholler whom hir highnesse but the day before had preferred to be a Deane or prebendary in that house The Deanes schollers they goe and sit and are placed foremost the prebendaries in the middest and hirs hindermost and if they were to go a procession as in the time of popery hirs must go foremost as vnworthiest to go next to the crosse And because hir maiestie sometimes by hir letters heretofore requested the Deane and chapiter to receiue into hir Colledge such as she thought meet to be placed Now forsoth to preuent hir bountifulnes