temporall should have beene derived originally unto the Bishop from her Highnesse person as from the only head and fountain of all the same spirituall power within her Kingdomes in such manner and form and by such commission under the great Seal as her H. temporall Officers Justicers and Judges had their authorities committed unto them And to this opinion Master D. Bilson seemeth to accord For all power Pag. 348. saith he is not only committed to the sword which God hath authorised but is wholly closed in the sword Against the head that it shall not be head to rule and guide the feet can be no prescription by reason Gods Ordinance for the head to governe the body is a perpetuall and eternall law and the usurpation of the members against it is no prescription but a confusion and the subversion of that order which the Pag. 114. 130. God of heaven hath immutably decreed and setled Besides there resteth saith the Remonstrance unto the Bishops of this Realme none other but subordinate and delegate authoritie and that the matter and heads wherein this jurisdiction is occupied are by and from the Christian Magistrates authoritie In whom as supreme Governour all jurisdiction within her Dominions aswell Ecclesiasticall as Civill by Gods and mans law is invested and their authoritie Ecclesiasticall is but subordinate under God and the Prince derived for the most part from the Prince From which two Statutes and judgements of the gorernours of the Church contained in these two bookes for these two 1 Eliz. c. 1 8 Eliz. c. 1. books were seen and allowed by the Governours of the Church I leave it to be considered if the Bishop did exercise the same improper and abusive spirituall power and jurisdiction Ecclesiasticall only and alonely in their owne names stiles and dignities and under their own seales of office and that also by authoritie of forraign and Papall laws if I say the Bishop did these things after this and this manner I leave it then to be considered whether their exercise of such power were derogatory and prejudiciall in a very high degree to the prerogatives of the Royall Crown or not For my part because I finde by the forraign Canon Law that Papall Bishops bee the Popes sonnes and are priviledged to carry the print and image of the Pope their father namely that they have plenitudinem potestatis within their Diocesses as the Pope pretendeth Ex. de Major obe to have power over the whole world For quilibet ordinarius saith the same law in sua Dioecesi est major quolibet principe and because also notwithstanding whatsoever the B b. have written that M. Bilson pag. 330. they were the Queenes B b and had their authoritie derived unto them from the Queene they did in her life time put the same Papall Law in execution and by the same law did take upon them plenitudinem potestatis within their Diocesses I for my part I say can not as yet otherwise conceive but that exceedingly â—hey did intrude themselves into the Royall preeminences priviledges and prerogatives of the Queene For by what other authoritie than by a certaine The Bb. by a plenary power devised and promulged new Canons without the Queenes assent plenarie power did they in their owne names for the government of their severall Churches within their severall Diocesses from time to time make promulge and by vertue of mens corporall oathes put in execution what new Canons Injunctions and Articles soever seemed good unto them without any licence or confirmation from the Queene first had and obtained thereunto By which pretensed plenarie power it seemeth that the statute made to bring the Clergie in submission to the King was covertly deluded and our late Soveraigne Lady the Queene cunningly bereaved of that regall authoritie over every particular Diocesan or Ordinarie which notwithstanding by the Parliament was given unto her Highnesse over the whole body and state of the Clergie For if once there bee no necessitie of the Kings licence assent or confirmation to such Articles Canons or Injunctions as every Ordinarie shall make within his jurisdiction then must it be intended that the Statute of submission hath covertly permitted severall members severally to doe and to execute those things which apparently and in expresse terms the whole convocation was commanded and with the same in verbo sacerdotii had promised not to doe then the which what can seeme more unreasonable and absurd For then might all the Ordinaries joyne hand in hand and agree all together in one never in any of their convocations assembled by the Kings Writ to devise make or promulge any Canons Ecclesiasticall at all And what assent licence or confirmation from the King could then be needfull Or how then was the Clergie brought in submission to the King For then should it not be with them as it is in the proverbe A threefold cord is not easily broken but then should it be with them contrary to the proverbe for they being all fast knit and bound together unto the Kings authoritie by a cord of twenty foure threads might easily be broken but being severed and pluckt assunder into twenty foure parts one from the other the 24 Bishops can make no law with out leave And yeâ— every B. doth make many lawes King with all his regall power might not be able so much as to break one of the least threads wherewithall one of their cords was twisted If the Lord Major the Sheriffs Aldermen and whole communaltie of the Citie of London should promise unto the King upon their fidelities not to set any price upon Wines or other victuals by their common Councell within the said Citie unlesse the King under his privie signet should first authorize them so to doe were it not a meere collusion of the Kings meaning if every particular Alderman should set prices of such things in every particular ward But against the collection made from the Statutes 1 8 Eliz. and the judgement of the divines aforesaid A collection made against the former reason by an Apologie for sundry proceed by jurisdi â—â— pag. 5. the author of an Apologie to his understanding reckoneth the same collection to be a very simple collection and against the same he answereth and reasoneth in effect thus If as is collected all power spirituall by a commission under the great Seale must bee derived from the Queene to warrant the execution of it unto him that is to exercise it then must the like warrant bee procured for every temporall office to execute his temporall office But every temporall officer must not procure like warrant to execute his temporall office Therefore a Commission under the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his major proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as
written of the common law is reported hath beene in times passed presented and punished in leets and law-dayes in divers parts of the Realme by the name of Letherwhyte which is as the booke saith an ancient Saxon terme And the Lord of the Leet where it hath beene presented hath ever had a fine for the same offence By the statute of those that be borne beyond the seas it appeareth that the King hath cognizance 25. Ed 3. of some bastardy And now in most cases of bastardie if not in all by the statute of Eliz. the reputed father of a bastard borne is lyable to be punished at the discretion of the justices of peace Touching perjurie if a man lose his action by a false verdict in plea Perjurie if punishable temporally in some cases why not in all of land he shall have an attaint in the Kings Court to punish the perjurie and to reforme the falsitie And by divers statutes it appeareth that the Kings temporall Officers may punish perjurie committed in the Kings temporall Courts And though it be true that such perjury as hath risen upon causes reputed spirituall have beene in times past punished only by Ecclesiastical power and censures of the Church yet hereupon it followeth not that the perjurie it selfe is a meere spirituall and not a temporall crime or matter or that the same might not to be civily punished By a statute of Westminster 25. Edw. 3. it was accorded that the Vsurie King and his heires shall have the cognizance of the usurers dead and that the Ordinaries have cognizance of usurers on life to make compulsion by censures of the Church for sinne and to make restitution of the usuries taken against the lawes of holy Church And by another statute it is provided that usuries shall not turne against any being â—0 h. 3. â— 5. within age after the time of the death of his Ancestor untill his full age But the usurie with the principall debt which was before the death of his ancestor did remaine and turne against the heire And because all usurie being forbidden by the law of God is sinne and detestable it was enacted that all usurie lone and forbearing of money c. giving dayes c. shall be punished according to the forme of that Act. And that every such offender shall also bee punished and corrected according to the Ecclesiasticall lawes before that time made against usurie By all which statutes it seemeth that the cognizance and reformation of usurie by the lawes of the Realme pertaineth onely to the King unlesse the King by his Law permit the Church to correct the same by the censures of the Church as a sin committed against the holy law of God Touching heresies and schismes albeit the Bishops by their Episcopall and ordinarie spirituall power grounded upon Canon law or an evill custome have used by definitive sentence pronounced in their Consistories to condemn men for heretikes and schismatikes and heresies schismes are punishable by the kings laws afterward being condemned to deliver them to the secular power to suffer the paines of death as though the king being custos utriusque tabulae had not power by his kingly office to inquire of heresie to condemn an heretike and to put him to death unlesse he were first condemned and delivered into his hands by their spirituall power although this hath been I say the use in England yet by the statutes of Richard the second and Henry the fifth it was lawfull for the Kings Judges and Justices to enquire of heresies and Lollards in Leets Sheriffs 25. h. 5. c. 14. turnes and in Law dayes and also in Sessions of the peace Yea the King by the common law of the Realme revived by an act of Parliament which before the Statute of Henry the fourth was altered may pardon a man condemned for heresie yea and if it should come to passe that any heresies or schismes should arise in the Church of England the king by the Lawes of the Realme and by his Supreme and 1 Eliz c. 1. Soveraigne power with his parliament may correct redresse and reforme all such defaults and enormities Yea further the king and his 1 Eliz. c. 1. parliament with consent of the Clergie in their Convocation hath power to determine what is heresie and what is not heresie If then it might please the king to have it enacted by parliament that they which opiniatively and obstinately hold defend and publish any opinions which according to an Act of Parliament already made have beene or may be ordered or adjudged to bee heresies should bee heretikes If it please the King heretikes may be adjudged felons and heresies felonies and felons and their heresies to be felonies and that the same heretiks and felons for the same their heresies and felonies being arraigned convicted and adjudged by the course of the common law as other felons are should for the same their heresies and felonies suffer the paines of death there is no doubt but the King by vertue of his Soveraigne and Regall Lawes might powerfully enough reforme heresies without any such ceremoniall forme papall observance or superstitious solemnitie as by the order of the Canon Law pretended to bee still in force have beene accustomed And as these offences before mentioned bee punishable partly by temporall and partly by Ecclesiasticall authoritie so drunkennesse absence from divine service and prayer fighting quarrelling and brawling in Church and Churchyard defamatorie words and libels violent laying on oâ— hands upon a Clarke c. may not onely bee handled and punished in a court ecclesiasticall but they may also be handled and punished by the King in his temporall courts By all which it is evident that the Clergie hath had the correction of these crimes rather by a The cognizance of all crimes as well as of some crimes â—â— the law of God belong to the King custome and by sufferance of Princes than for that they be meere spirituall or that they had authoritie by the immediate law of God And if all these as well as some of these crimes by sufferance of Princes and by a custome may be handled and punished spiritually then also if it please the King may all these as well as some of these crimes without a custome be handled and punished temporally For by custome and sufferance only some of these crimes be exempted from the cognizance of the King and therefore by the immediate law of God the cognizance as well of all as of some oâ— these crimes properly appertaineth unto the King And then the judgement of those men who defend judgements of adulterie slander c. to be more temporall and by the temporall Magistrate only to be dealt in seemeth every way to be a sincere and sound judgment Howbeit they doe not hereby intend that the party offending in any of these things and by the Kings law punishable should therefore wholly bee exempted and freed
Scripture to be given them by God and therefore the King and Parliament may be pleased to abolish both them and their power as King Hen. 8. did abolish Monkes and Friars 26. 40. and 28 The challeng for Lordly primacy out of the great charter answered 28 The study of the civill Law and the professors of it may florish more than now they doe 28 Fees for probate of testaments let to farme 29 Fees dew for execution of functions of the Canon Law disproportionable for a Dâ—ctor of the Civill Law 30 An Act of Parliament for the advancement of the Civill Law is set downe and a forme laid for all proceedings in the Courts in which the Civill Lawyers should be Iudges 32 33 It will advance the honour of the King and the good of his subjects to have matters of tithes and testaments and matrimony reduced by act of Parliament to bee tried by the Iudges of the Common Law 37 Matters of tithes and other causes of light nature pertaine to civill justice 37 The temporall law may easily bee applyed to causes now reputed Ecclesiasticall 39 How legacies may be recovered at the Common Law 42 Matters of marriages more fit to bee decided by the Kings officers than by the Bishops 43 Much adâ—e in the Bishops Courts about Accipio and Accipiam 44 The common Law preferred by the Bishops above the Law of God and the civill Law 45 Causes of Adulteries Slander Heresie which by sufferance only have bin exempted from the Cognizance of the King may be arbitrated by the Iudges of the common Law 47 Hierarchy may be judged felony if it please the King 49 The cognizance of all crimes as well as of some by the Law of God belong to the King 50 No impeachment and impropriations in lay mens hands the stat of 15. Rich. 2. and the 4. Hen. 4. being observed for a Vicar endowes yet if it please the King Parliament a law may be made for reducing of impropriations which may bee done First by restitution Secondly by commutation Thirdly by redemption Fourthly by contribution 52 Parochiall Churches to what use they were founded 56 First restitution of many may and ought to be which are now accounted the temporall revenues of Archbishops and Bishops which were given to severall Churches are now spoyled of them by Archbishops and Bishops 55 56 57 58. Secondly commutations may be made of many of the Bishops lands given to superstitious uses for many impropriations in the Kings hand and the hands of many of the Nobility 56 58 59 Thirdly there may bee a redemption made of the same land or buying in of many impropriations by a common purse or treasury which will increase 1. When the people shall be discharged of the burden of Ecclesiasticall Courts 2. The treasure will increase by the dissolution of Chapels of ease and uniting two Parishes into one and especially in great Cities and Towns where often are but small Livings 61 Dissolution of Chapels no new thing Ibid. Chapels the Seminaries of hirelings 62 3. By sequestration of the Livings of non residents 4. By the forfeiture of penall Lawes due to the King 60 61 62 63 Sequestration of the Churches of pluralists may further the treasure for redemption of impropriations 63 By what contributions Impropriations may bee brought to the use of the ministery 63 Fourthly the fourth meanes viz by contribution wherby Impropriations may be reduced to the ministery 63 64 65 How and by what means impropriations may be reduced into the ministery 65 66 None of the three estates in Parliament is lost by removall of the Hierarchy as appeares by severall statutes viz. 25. E. 3. c. 24. 31. Ed. 3. Stat. of Herrings 3. R. 2. c. 3. 7. R. 2. c. 12. 1. E. c. 2. 68 69 70 71 72 73 The state of Prelacy founded by the Grandfather of K. E. 3. 69 The K. having the assent of the Nobles and Commons may repeale statutes without the assent of the Prelates 70 The argument answered in which it is said that it hath been alwayes dangerous to pick quarrels against laws setled 74 75 Lesse danger to reforme the Church by new lawes than to continue corruption by old lawes 74 That argument answered in which it is said that there must of necessity be in every Parish one Pastor a company of Seniors and Deacon or two at the least and all those to be found of the Parish 75 76 77 78 What kind of men ought to be chosen Seniors and Deacons 76 The judgment of the Commissioners of Ed. 6. touching Elders and Deacons 77 The election of Pastors by the people stands upon the ground of reason and nature rules of Christian equity and the law of God therefore by no Law or custome can justly be taken away though actually it was by the Pope 79 to 87 Dangerous to innovate unlesse there be evident utility in innovation 80 The common manner of election in the old Churches was by the people 81 The King without the people hath power to nominate the Kingly Bishop 82 M. Bilson confirmes the peoples election of their Pastor 83 A great difference betwixt the choice of Bishops in England and Pastors 86 No Schisme hapned by choice of Pastors by the people ancient schimes were ever from the election of Bishops 87 88 therefore a Stat. is desired for the giving of election of their Pastors 86 Election of publike officers in Cities and Boroughs is by the principall men of these places 90 91. therefore Ministers may bee elected the officers of Cities and Townes Corporate chosen without contention therefore Pastors may be also chosen 90 The people would be more carefull of their Election than Bishops have been the people could make no choice of insufficient Ministers unles the Bishops did make insufficient Ministers 93 94 The common people accused of backwardnesse in Religion the reason of that must needs be from their ill guides 95 Men of excellent gifts and men of no gifts are unequally matched in the ministery of the Gospell 96 The people may know a man to be a fit Minister though he be not brought up among them 98 What knowledge of a Minister is required in the people before they choose him No partiall suits can follow the election of Ministers by the people 100 The means to take away all symony for places in the Ministry 100 The inconveniences of Bishops ordination set downe 102 As many suits betweene the Bish and the Clerke 2. suits between the Clerke and the Archdeacon 3. suits betweene the B. and the Archdeacon 4. Riots and breaches of the Kings peace 5. unlawfull Fees for Letters of institution 6. unlawfull Fees for letters of sequestration 105. 7. Perjury by the Clerk and robbery by the Patron 8. Chopping of benefices and dispensations 106. A supplication to the Parliament to consider these inconveniences and likewise a briefe way is set downe of the redresse of them 107 Diverse things set down concerning ordination of Ministers
regall Crown nay because the contradictorie hereof is affirmed and this denyed and because we learn by law as he saith that matters in fact are not intended to be done till they be proved so we must still put the upholders and executioners of this law to their proofe and in the meane while tell them that the forraigne and Papall Law is but a pretended necessary and disused law that it is not inspired with the life of Law and that it is fathered by them to be such a Law as is an headlesse a fetherlesse and a nocklesse arrow which is not fit to be drawne or shot against any subject of the King And from this voidance abolition and nullitie of forraigne and papall Canon Law because sublato principali tolluntur accessoria it followeth that all offices and functions of papall Archbishops papall Bishops papall Suffraganes papall Archdeacons papall Deanes and Chapters papall Priests papall Deacons papall Subdeacons papall Chancellors papall Vicars generall papall Commissaries and papall Officials meerely depending upon the authoritie and drawne from the rules and grounds of that Law are likewise adnihilated and of no value Howbeit for so much as by the opinion of some learned Civilians By the opinion of the Civilians the papall Canon law seemeth to be in force there seemeth unto them a necessary continuance of the same forraigne and papall Law by reason that Archbishops and Bishops doe now lawfully as they say use ordinarie Archiepiscopall and Episcopall jurisdiction which they could not as they thinke doe if the same common law were utterly abolished and for so much also as some learned in the Canon lawes do maintaine that since the statute Apology of certain proceedings in Courts Ecclesiastical of 1 Eliz. c. 1. the Archbishop and Bishop cannot lawfully claim any ordinarie spirituall jurisdiction at all but that the spirituall jurisdiction to be exercised by them ought to bee delegated unto them from the King by a Commission under the great Seale Forasmuch I say as there are these differences of opinions it seemeth expedient to be considered by what law and by what authoritie Archbishops and Bishops exercise Archiepiscopall and Episcopall power in the Church And to the end this question may fully bee knowne and no scruple nor ambiguitie be left what power spirituall may be intended Power properly and improperly called spirituall Queens Injunct and execut of justice to be exercised by them We distinguish spirituall power into a power properly called spirituall and into a power improperly or abusively called spirituall Ther power properly called spirituall is that spirituall power which consisteth and is conversant in preaching the Word administring the Sacraments ordaining and deposing Ministers excommunicating or absolving and if there bee any other spirituall power of the like property and nature Now that this power properly called Power properly called spirituall was never in the Queenes person spirituall could have beene drawne from the person of our late Soveraigne Lady the Queene unto Archbishops and Bishops we deny For the Queenes Royall person being never capable of any part of this spirituall power how could the same bee derived from her person unto them Nemo potest plus juris in alium transferre quam ipse habet Archiepiscopall and Episcopall power therefore exercised in and about these mysteries of our holy Religion ordinarily and necessarily must belong unto the Archbishop and Bishop by the canon of the holy Scriptures otherwise they have no power properly called Power improperly called spirituall is indeed but a temporall power spirituall touching these things at all The power which improperly is called spirituall is such a power as respecteth not the exercise of any pastorall or ministeriall Church to the internall begetting of faith or reforming of manners in the soule of man but is such a power as wherby publike peace equitie and justice is preserved and maintained in externall things peculiarly appropried and appertaining unto the persons or affaires of the Church which power indeed is properly a temporall or civill power and is to bee exercised onely by the authoritie of Temporall and Civill Magistrates Now then to returne to the state of the point in Question touching this later power improperly called spirituall by what law or by what authoritie the Archbishops and Bishops doe exercise this kinde of power in the Church I answer that they cannot have the same from any forraigne Canon Law because the same Law with all the powers and dependences thereof is adnulled And therefore that this their power must and ought to be derived unto them from Bb. where From whence then is their power derived Hereunto we answer that before the making of that act spirituall jurisdiction did appertaine unto Bishops and that Bishops were ordinaries aswell by custome of the Realme canons constitutions and ordinances provincial and synodall as by forraigne canon law And that therefore these canons constitutions and ordinances provinciall or synodall according to Bishops remaine ordinaries by custome provinciall Canons statute law though papall Canon law be abolished 25. h. 8. c 20. 25. h 8. c â—6 the true intent of that act could not still have been used and executed as they were before if the Bishops had not still remained ordinaries Moreover it is cleare by two statutes that the Archbishops and Bishops ought to be obeyed in all manner of things according to the name title degree and dignitie that they shall be chosen or presented unto and that they may doe and execute minister use and exercise all and every thing and things touching or pertaining to the office or order of an Archbishop or Bishop with all ensignes tokens and ceremonies thereunto lawfully belonging as any Archbishop or Bishop might at any time heretofore do without offending of the prerogative royall of the Crown and the laws and customes of this Realm Let it be then that by custome canons provinciall and statute law Bishops be and do remaine ordinaries yet aswell upon those words of the statute 25. H 8. without offending of the prerogative Royall as upon the statute of 1. Eliz. cap. 1 there remaineth a scruple and ambiguitie whether it be not hurtfull or derogatorie unto the Kings Prerogative Royall that Ordinaries should use and exercise their ordinarie power improperly called spirituall without a commission under the great Seale or that such their power should be as immoderate and excessive now as in times past it was by the Papall Canon law Concerning the first by the Statute of 1 Eliz. c. 1. and by the Statute of 8 Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie of Ordinaries The Queen was supreme ordinary of ordination that is the chief supreme and soveraign Ordinary over all persons in all causes aswell Ecclesiasticall as Temporall Where it seemeth to follow that all the branches and streams aswell of that power which improperly is called spiritual as of that power which properly is called
that the King chiefly desiring to sustaine the people in tranquillitie and peace and to governe according to the lawes usages and franchises of his land by the assent and expresse will and accord of the Dukes Earles Barons and the Commons of his Realme and of all other whome these things touched ordained that all they c. By which desire of the King and words of the Act wee learne that our soveraigne Lord King Iames may sustaine his people The king with the assent of the nobles and commous may repeale statutes without consent of prelates 25 Ed 3. in tranquillitie and peace and governe according to the lawes usages and franchises of his kingdome though the assent and accord of Prelates bee never required to the enacting of any statute in Parliament Nay such hath beene and yet is the power of the King that with the assent and accord of the Nobles and Commons he hath authoritie to adnull and make voide even those Acts which in favour of Prelacie and assent of Prelates have beene enacted in Parliament As by an Act made in the time of King Edward the third is plainly to be seene For whereas the King by assent of the Prelates Earles c had willed and granted for him and for his heires certaine articles firmly to be kept and holden for ever namely that the Ministers of holy Church for money taken for redemption of corporall penance nor for proofe and accompt of Testaments nor for solemnitie of Mariage c. should not be impeached c. before the Kings Justices neverthelesse the same king in the same yeare with assent of the Earls Barons and other wise men of the Realme and without assent of Prelates revoked and adnulied the same articles againe Again king Richard the second hearing the complaints of his faithfull leige people and by their clamour in divers parliaments of divers abuses crept in against the solemne and devout ordinations of Churches c at the request and complaint of the commons by the advice 3 R. 2 c. 3. 7 R. 2 c. 12. and commonassent of the Lords temporall without mention of any Lords spiritual is said to have ordained That none of the kings liege people c. should take or receive within the Realm of England any procuracie c. And in the eleventh yeare of the same kings raign it is especially provided that the appeals pursuits c. made and given in the same parliament be approved affirmed and established as a thing Act. Mo. R. 2. duely made for the weale and profit of the king and of all the realm notwithstanding that the Lords spirituall and their procurators did by protestation absent them out of the Parliament at the time of the said judgement given And the like protestation being made by the Prelates and Clergie at a Parliament holden the third yeare of the same king it was replyed for the king that neither for their said protesttation The king bound by his oath to do his laws to be made though prelates protest against him or other words in that behalfe the king would not stay to grant to his Justices in that case and all other cases as was used to be done in times past and as he was bound by vertue of his oath at his coronation By all which premises it is as cleare as the Sun shining at noon day that the Lords spirituall be so farre from making any one of the three Estates as that if it please the king they may not bee so much as any member or part of any of the three Estates at all If in the time of king Henry the eight the Lords spirituall being then more in number than the Lords temporall had beene but such principall members of the high estate of Parliament as without whom neither law could The Lords spiritual no principall members of the parliaâ—ent otherwise than as the King pleaseth have beene made Monasterie nor Priorie might have beene dissolved what could the king have done as head and the Commons have done as feet and the Nobles have done as the heart the Liver and the Longs to the dislording and discloystering of the Abbots and Priors the Monkes and the Friers of those dayes In case the Prelates with their armes and with their shoulders with their hands and with their hornes had heaved and shoved and pushed and thrusted to the contrary But to come nearer unto our owne times and remembrances if it cannot be proved that above one Lord spirituall was present in parliament and gave any assent to the enacting of statutes made in the first yeare of the Queenes Majesties raigne deceased but that it bee a No Lords spirituall present in parliament 1 Eâ— cleare case that the ancient jurisdiction preeminences rights and priviledges of the kings Crowne were restored that poperie and superstition was banished and the doctrine of the holy Gospell harboured only by the Queene the Lords temporall and commons what more plaine evidence or better prooâ—e can there be that the Lords spirituall by any necessitie be neither principalls nor accessaries neither branches nor buds nor any essentiall member of the house of Parliament And of this opinion are the soundest Historians and sincerest Divines of our age In the fifteenth yeare of King Edward the third saith Master Fox divers petitions being put up in Parliament against provisions comming Act. Mâ— fol. 320. from Rome the Kings answer and agreement was made in form following viz. It is agreed by the Kings Earles Barons Justices and other wise men of the Realme That the petitions aforesaid bee made in sufficient forme of law Where it is to be noted saith hee that at the grant hereof the consent of the Bishops is neither named nor expressed with the Lords of Parliament and yet the Parliament standeth in his full force notwithstanding At an other Parliament Act. Mo. 525. saith he William Wicham Bishop of Winchester for a slanderous report savouring of a contumelious lye and proceeding of a subtile zeale meaning falshood was so by the Duke of Lancaster pursued that by act of Parliament he was condemned and deprived of all his temporall goods And this seemeth to have beene done saith Master Fox without assent and against the wills of the Lords spirituall for afterward at an other Parliament great suite was made by the Clergie for deliverance of the said Bishop and being asked a subsidie in the Kings behalfe with great lamentation they complained for lacke of their fellow and brother of Winchester and denyed to joyne themselves in any tractation of any such matter And in another Parliament holden at Yorke in the sixth yeare of King Edward the third all such Act. Mo. 519. lawes as then passed and were concluded by the King Barons and Commons were good notwithstanding the absence or malice of the Lords Spirituall For it is recorded saith he that onely the Archbishop of Yorke the Bishop of Lincolne and the Abbots
was common and did continue in the old Churches Besides this inconvenience saith he caused Princes and Bishops so much to intermeddle in this matter Frow whence it necessarily againe followeth that by the holy Scriptures and law of God Princes and Bishops did not entermeddle with that matter atal For had it been simply lawfull for them to have dealt in those causes by the word of God then aswell before schisme discord and dissention as afterward yea rather much more before than afterward For then by their owne right might Princes and Bishops have prevented Bishops nâ—eddle not with election of Pastors by the holy Scriptures all occasion of schism and contention and have so preserved the Church that no tumult or disorder should once have beene raised or begun therein Againe if by the law of God Princes and Bishops had medled in these matters and had not intermedled by humane device then lawfully by their authoritie alone might they have chosen Pastors Elders and Deacons in the old Churches which thing in this place by necessary inference he denieth For schisme saith he caused them to intermeddle So as by his confession they were but intermedlers and entercommoners by reason of schisme and not commoners and medlers by vertue of Gods word And yet now a dayes our reverend Bishops in this case are no more intercommoners with Princes and with the people they ate no more entermedlers as in old times they were but they have now so far incroached upon the prerogatives of the prince and privileges of the people that neither prince nor people have any commons in the election of Pastors Elders and Deacons with them at all Besides if schism and contention among the people Bishops â—n croach upon the â—ighâ— oâ— pâ—â—â—ce and people were the reason why Bishops first entermedled in the choice of Pastours we now having no schisme nor contention about the choice of Pastours by the people and so the cause of ceasing why should not the effect likewise cease But this effect is therefore still to bee continued because otherwise the cause would a new sprout out and spring up againe Nay rather inasmuch as for these many yeares we have had schism discord and dissention because the bishops wholly and altogether have medled in the choise of pastours and have thrust upon the people whatsoever pastours please not the people but pleased themselves and have not suffered the people to meddle no not so much as once to intermeddle in these matters in as much I say as these things be so it seemeth most expedient requisite and necessary for the appeasing and pacifying of this discord and the taking away of this schism to have the manner of election which was in the old Churches restored to the people and this wherein the bishops have intermedled without authoritie from the word to be abolished that so againe the cause of scbism and strife which is now among us ceasing the effect might likewise cease After I had ended this tract in this manner touching this point there came into mine hands a booke intituled The perpetuall government of Christs Church written by Thomas Bilson Warden of Winchester Colledge in the fifteenth chapter of which booke is handled this question viz. to whom the election of Bishops and Presbyters doth rightly belong and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism strife and contention is handled The finall scope and conclusion whereof is as the proposition importeth twofold First concerning Bishops then concerning Pastours The quarrell taken against Bishops doth not so much touch saith hee the office and functions of Bishops as it doth the Princes prerogative When you rather thinke the Prince may not name her Bishops without the consent and election of the people you impugne not us but directly call the Princes fact and her lawes in question As touching this point of the proposition because the people by any law or custome never challenged any right or interest in the choise of the Kings bishops wee have nothing The King only hath power without the people to nominate his Kingly Bb. to meddle or to make about the choise of any of the Kings Bishops Nay we confesse as his highnesse progenitors Kings of England have beene the Soveraigne Donours Founders Lords and Avowes of all the Bishopricks in England without aid of the people that so likewise it is a right and interest invested into his Imperiall crowne that he only his heires and successors without consent of the people ought to have the free nomination appointment collation investiture confirmation of all the Bishops from time to time to be planted in any of those Bishoprickes yea and wee say further that the King alone hath not power onely to nominate collate and confirm but also to translate yea and if it please him to depose all his Kingly Bishops without any consent of his people at all For say we ejus est destruere cujus est construere ejus est tollere cujus est condere Neither will we dislike but rather content our selves that our late Queens Bishops if they shall finde favour in the Kings eyes should be also the Kings Bishops conditionally they submit themselves to the lawes and prerogatives of the Kings Crowne content themselves with the only name of Kingly and Princely Bishops and not challenge any more unto themselves the sole titles of Godly and Christian Bishops as though without injurie to the law of â—od and Gospell of our Saviour Christ they could not bee dispossessed of their Lordly Bishopricks And therefore our most humble prayer to the King is that his Majestie would bee pleased that such his Kingly Bishops may not henceforth over crow and justle out Gods Bishops nor have any primacie over Gods Bishops And withall that the King himselfe would vouchsafe to hearken to the doctrine of such as are indeed Gods Bishops rather than to the Counsell of those who lately were the Queenes bishops As touching the second part viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law must elect their Pastours or no Master Bilson by reasons and proofes brought for the first use of it rather confirmeth than impugneth the same For saith hee Well may the peoples interest stand upon the grounds of reason and nature and bee derived from the rules of Christian equitie and societie That each Church and people stand free by Gods law to admit maintaine or obey no maâ— as their Pastour without their liking unlesse by law custome or consent they have restrained themselves Then the people had as much right to choose their 360 Pastour as the Clergie that had more skill to judge that the Apostles left elections indifferent to the people and Clergie at Jerusalem That the Apostles in the Acts when they willed the Church at Jerusalem to choose the seven did not make any remembrance or
untill hey shall plainly demonstrate unto us that the same is not Oligarchy For if hereafter they shall revoke their former disgracefull judgements against the discipline by Pastours and Elders containing in it the very nature of true Aristocracie and wiâ—hall instruct â—s better of the true nature of their owne government of the Church by Prelacie they shall find us filyable to their opinion so that it be grounded upon the principles and reasons of truth In the meane season after the fashion of the Admonitors manner of admonishing the people wee most humbly beseech the King and Parliament to be enformed that it is greatly to bee feared if Prelacy bee Oligarchie that the Prelates It is to bee feared least by the example of Prelates Oligarchie be brought in the common-weale will endeavour to transferre that manner of government from the Church unto the Common-Weale And that the Common-Weale shall as miserably be rent and torne with factions and uproares as now the Church is disquieted by schismes and divisions For if onely a few of the richest and welthiest sort shall get an head and beare all the sway in the Common-Weale they shall think by the Principles and reasons of Oligarchie that they have injuâ—y if they have not as much to doe in civill mattes as the Prelates have to doe in the matters of the Church And what hereof may follow as the Admonitor leaveth so doe I also leave it to the judgment of other Only if the way hereof already hath beene troden A caveat against Oligarchie out unto them by some who have not written nor spoken but yet practised the principles and reasons of Oligarchie in the Common-Weale onely then this I say and adde as a Caveat that the danger to come is more heedfully to be prevented For like as in good harmony to make the Musicke perfect is required a moderate and proportionate inequality of voices which if it too much exceed taketh away all the sweet melody so by too much immoderate inequality or disparitie of Citizens the Common-Weale falleth to ruine But why may not the Government of the Church by Prelacie The government of the Church by Prelacy is not Monarchicall be a Princely and a Royall Government Indeed this question if it should bee resolved by the Rules and Principles of the Canon Law I could hardly disprove that government to be Princelike for as hath been said before quilibet Ordinarius in Diocoesi est major quolibet Principe Yea and every Bishop by the same Law hath as absolute a spirituall power within his Diocesse as a King hath a temporall power within his Kingdome But because that Law with the rules and principles thereof is or ought to be discarded out of this Kingdome we will not wade in it Only wee say that the government of the Church by Prelacy cannot bee any kinde of Royall and Monarchiall government because Prelates have not like power spirituall as Kings and Monarchs have power temporall For there was never yet lex regia de Praelatorum spiâ—ituali imperio lata qua Praelatis in eos omne imperium suum potestatem aut Deus aut Institut de jure natur gent ci § Sed quod populus Dei contulerit And therefore where the people have made the fore said regall Law as there it is justly said quodcunque Imperator per Epistolam constituit vel cognoscens decrevit vel edicto praecepit legem esse constat and quod Principi placuit legis habet vigorem So likewise where there is no such regall Law made in the Church there it is justly affirmed quod Praelato placuit legis non habet vigorem quodcunque Praelatus per Epistolam constituit cognoscens decrevit vel canone praecepit legem non esse constat And then how can every Prelate or why doth every Prelate by his sole authoritie injoyne Canons Articles Injunctions and orders to bee observed as Lawes in all the Churches of his jurisdiction If the Admonitor supposed the government of the Church by Prelacy to bee Monarchiall because the Queene was a Monarch and that If the government of the Church by Prelacy be Monarchicall theÌ„ may the government by pastors beâ— so to the Reverend Bishop governed under a Monarch then what did he else but put a weapon into the hands of Pastors and Elders to prove their government also to be Princely and Monarchiall Because Pastors and Elders desire not to have that manner of government to bee brought into the Church otherwise than by the Royall assent Soveraigne authoritie and expresse commandement of Our most Gratious King and Monarch Besides if any government may bee therefore said to be a Monarchy because the same is derived from an earthly Monarch how much more than may the government of the Churches by Pastors and Elders bee adjudged Monarchicall by reason the same is deduced from our heavenly and everlasting Monarch For the Reverend Bishops by their publike M. Horne bishop of Winch. M. â—ewell bishop of Sali M. Bilson bishop of Winch. preachings and apologeticall writings testifie that power and authoritie to ordaine and depose Ministers to excommunicate and to absolve to devise and to establish rites and Ceremonies in the Church to define what is truth to pronounce what is falsehood to determine what is schisme and to condemn what is heresie our Reverend Bishops I say confesse this power to be originally decided unto the true Bishops and Pastors of the Church from the Kingly and Soveraigne power of our Saviour Christ By what name therefore soever the government of Pastours and Elders in the Churches be called there is no manner of cause to dislike of the planting of that government in a Monarchy because the same is instituted by No cause for a Monarch to feare that his Christian subjects should have the sense of Aristocracy in Church government the Monarch of Monarches who is able and ready to uphold the state of all Monarchies in Common-Weales together with the state of Aristocracie in his Church Neither is there any cause for any Monarch in the world to feare the making of Christian common people by familiar expâ—rience to have the sense and feeling of the principles and reasons of Aristocracy For if a people have once submitted their neckes to the yoke of Christ they can live a peaceable â—nd godly life under all kindes of powers because they know all kind of powers to be the ordinance of God But especially there is not neither ever was neither ever can there be any cause for any King or Monarch of England greatly as the Admonitor insinuateth to feare that the common people will very easily transferre the principles and reasons Aristocracie to the government of the Common-Weale and thereupon be induced to thinke that they have injury if they have not as much to doe in civill matters as they have in matters of the Church seeing they also touch their commoditie and benefit
be licensed and limited unto them to take doe and execute by any Archbishop or Bishop within their Diocesse to whom they shall be Suffraganes under their seales And that no such Suffragane shall use any jurisdiction ordinary or Episcopall power otherwise nor longer time than shall bee limited by such Commission to him given upon paine c. From which Act touching the use and exercise of Episcopall power and censures by the Suffragane wee may againe safely conclude that the EPISCOPALL power granted by the Bishops to be used by the Suffragane is not of divine right and institution but onely from humane device and ordinance For the Suffragan could not exercise any power called spirituall or Episcopall unlesse by the Bishop hee were nominated by the King elected and presented by the Archbishop consecrated and by commission under the Bishops seale authorized in what manner and for what time he should exercise the same Custom then being not from heaven but from the earth and again the Bishops Commission limiting the Suffraganes delegated power being of man and not of God it followeth necessarily that that Episcopall power which the Bishops use and exercise in England can not be divine but humane Because Episcopall authority which is divine being conveyed from the Royall and Soveraigne authority of our Saviour Christ the giver of all power unto every officer within his Ceurch cannot bee transferred to any other person by the same Bishop by the King by the body of the state or by custome For the Kings Person and body of the state nor being made capable by the holy Scriptures to use and exercise that Episcopall power which is of divine Institution can never transferre the same to others whereof they bee themselves uncapable And to defend that custome or any municipall Law should transfer divine Episcopall power from a divine B. to any human officer is more erroneous And from hence if the now L. Bish of London judge his Episcopall power to belong unto him by divine and that by the same right he have power as well to ordaine depose suspend and excommunicate Presbyters as to confirme boyes girles young men and maidens there seemeth to bee good reason that the same B. should make it apparently knowne unto the King and Realme by what power or commission descended from heaven hee may delegate under his Seale the same his divine authority of ordination deposition suspension excommunication and confirmation unto Doctor Sterne his now Suffragane of Colchester For if from the holy Scriptures hee can produce no warrant for the making of a delegation of any part of that Episcopall power which hee holdeth to bee committed unto him from our Saviour Christ then well may we conclude against the oâ—dination deposition suspension excommunication and confirmation made by the same his Suffragame that the same his Suffraganes ordination deposition c. is not divine For how can an ordination a deposition c. made by a Suffragane be divine when as the Commission granted by the Bishop is meerely humane Wherefore seeing the Bishop himselfe hath plucked certaine of his principall feathers from his own spirituall wings if so be his own wings may be spirituall and imped them with an untwysted thread of humane policy to the humane trayne of his Suffragane and seeing also his Archbishops grace of Canterbury in cases of his metropoliticall prerogative the Archdeacons London Midlesex Essex Hertford the Deane of Pauls and certaine Prebendaries in Pauls the Deane of Westminster the Master of the Savoy and diverse other Persons have by Papall priviledges or by ancient custome prescribed almost all other parts of his Episcopall power there seemeth good reason that the Bishop should againe declare whether the Churches within the said Diocesse after the decease or translation of his Lordship shall stand in need of any Lordly Successor to sit in the same Sea for any other profitable use or purpose than only for wearing of a white rochet walking with a pastorall staffe keeping seven yeares Sabboth from preaching in his Parish Church at Fulham consecrating of Chappels hallowing of Fontes Christening as they call it of Belles whiting of Walles painting of Tombes garnishing of Sepulchers preserving of superstitious Monuments in glasse Windowes repairing and gilding rotten and outworne Crosses confirming Leases of Benefices with cure of soules upon small rents improprying Churches or such like For if the great things of the Episcopall power may bee transferred either by expresse or by secret consent either by commission or custome and that as well to an inferiour as to a superior as well to a Suffragrane a Deane an Archdeacon and a Prebendary as to an Archb. then it seemeth reasonable that the smaller things before spoken of may well be performed without any Lordly authority When I had thus finished according to our line that which I first undertooke against the Admonitors pre ensed dangerous alterations innovations and inconveniences and was also purposed to have added that which in mine opinion seemeth to prove that which the Admonitor by his opinion denyeth viz. that the externall government of the Church should alwayes and in all places be one when I say I had thus purposed by reason of some other present and for the time more necessary occasion I was driven to alter my minde and to shew the same in a place somewhat more convenient And yet in the meane while it shall not be amisse but a thing very necessary in this place so to cleare the state of the question betweene the Admonitor and me as the same being rightly before hand understood there might no prejudicate opinion be conceived against the truth The Admonitor against the not having one forme of externall policy in all ages and states of the Chutch of Christ alleadgeth that in Denmarke they have Bishops both in name and in office that in Saxony thâ—y have Arcbishops and Bishops iâ— office but not in name that in Tigure they have no Senate of Elders nor the discipline by excommunication which they more mislike that in Geneva in Scotland and in other places they have a government not much unlike that platforme which is desired to be among us that in Saxony and Basil they kneele at the Lords Supper all Tigure they sit and it is brought unto them and that in other places they goe and receive it for the more expedition as they passe And that he doubteth not but that the learned men whom God sent to instruct those Churches in which the Gospell in those dayes was first received have bin directed by the spirit of God to retaine this liberty that in externall government and other outward orders they might choose such as they thought in wisdome and godlinesse to be most convenient for the state of their Countrey and disposition of the people Vnto all which wee answer briefly viz. that Bishops both in name and in office being of divine institution ought as well to be in the Church of England as of Denmarke
AN ASSERTION FOR True and Christian CHURCH-POLICIE Wherein Certain Politike Objections made against the planting of PASTOURS and Elders in every Congregation are sufficiently ANSWERED And Wherein also sundry projects are set downe how the Discipline by Pastors and Elders may be planted without any derogation to the Kings Royall Prerogative any indignity to the three Estates in Parliament or any greater alteration of the laudable Lawes Statutes or Customes of the Realme than may well bee made without damage to the people IN DOMINO CONFIDO London Printed 1642. To the Right Honourable the LORDS and COMMONS Assembled in High COURT of Parliament Right HONOURABLE c. THe Ensuing Treatise which I am bold to present to Your wisedomes view containes principall politicall reasons grounded upon the Lawes of this Kingdom for the removing of the present Hierarchie and planting of a Governement by Pastors and Elders The appellation of Lay Elders hath beene very displeasing to many whereas the Elder intended to be planted is not lay but in regard of the service wherein hee is to bee imployed Ecclesiasticall The Author was an elaborate Student in the civill Law and a professor of it He was esteemed learned by the best of that profession as also by Divines and common Lawyers learned Sir Edward Cook late Chiefe Justice of the Kings Bench Sir Christopher Yelverton late Judge of the Common Pleas Sir Henry Finch late the Kings Serjeant at Law and others have given testimony of him The Treatise is an answer to diverse passages in a Book written by D. Whitgift late Archb. of Canterbury intituled An admonition to the Parliament The Author as I doubt not but will appeare to your Wisedomes hath written with the spirit of meekenesse and humility submitting all to the judgement of an High Court of Parliament hee disputes with the Great Bishop in a Scholasticall way without one syllable of reviling or bitter language which he ever detested Hee discovers the foundation of the Hierarchie to be totally illegall and to bee abolished by the abolition of the Papall Canon Law which appeares to be abolished by the statute of 25. of Henry 8. cap. 9. The truth whereof being discovered by the Authors means to the said learned Judge Sir Edward Cooke hee did most ingenuously acknowledge and did avow he never understood the statute so well before yet affirmed he thought he had read the said statute an hundred times May it please you in your wisedomes to commend the Treatise to bee viewed by the learned Gent. of the long Robe whose awfull judgments I shall ever honour Most true it is I dare averre there is little written in this Kingdome tending to the removall of the Episcopacie from Legall and Politicall arguments but the Author hath the arrowes in his quiver I say not that others have borrowed light from his Candle Right Honourable and Right worthy I shall humbly take further boldnes humbly presuming upon your Honourable favours if this poore model find acceptance in your sight to present you with a new impression of an abstract written in time of famous Queene Elizabeth a Book well knowne to learned King Iames by the same Author whose memory I am bound by nature to Honour Give mee leave onely now to make knowne unto you the Title and severall Treatises contained in it It is intituled An abstract of certaine Laws Canons and Constitutions Synodall and Provinciall in force within the Queenes dominions and for the most part unknowne to the subject It containeth these principall Treatises 1. That a learned Ministery is commanded by Law 2. That Pluralities are forbidden by Law 3. That it is unlawfull to make a Minister without a title 4. That it is unlawfull for a Clerk to have civill authority This abstract was seemingly answered by the rayling stile of a then Doctor Cozens but by a further incounter and the counterpoyson yet extant written by the same Author he departed the Field with Honour such was the opinion of many learned among others of the foresaid Reverend Judge Sir Henry Yelverton This treatise was never questioned nor quarreld for ought I ever heard Yet was the Author well knowne to many of the Bishops You may happily in your Wisdomes conceive some things might have beene omitted as not wholly incident to the time and some abbreviated in regard of the shortnesse of your time and of the high affaires now in hand But may it please you being about so to doe I found the light must have bin much Eclipsed and the truth obscured I am over bold most humbly to commend the defence of what he writes grounded upon the laws of the Kingdome to your most Honourable protection It shall be enough for me to attend among the meanest of your servants having heretofore had the happinesse to have bin a member though unworthy of the Honourable House of Commons Presenting your honours and your grave wisdomes with my heartiest prayers and humblest service In most humble manner I intreate your pardon of and for The Contents THe defenders of the Hierarchy confesse their government is not apostolicall pag. 2. The bringing in of the discipline desired causeth no alteration of temporall laws nor the officers of a kingdom 3 4 5 6 7 8 9 No feare that prophane men will overthrow the Gospell if the forme of Church government be altered 10. The description of lukewarme professors that will be of that religion the King will be of 11. The Puritan protestants can never overthrow the Gospell 13. Neither can the Papist because he is overthrown by the Gospel 13 The planting of an Apostolicall government will draw no alteration of the Lawes of the Realme 14. The whole Papal Law is totally abolished by the statute of the 25 of Henry 8. c. 19. of the submission of the Clergie as appeares by the body of the statute and the proviso from the 15. to the 20. Canon and civill Lawes no part of the Lawes of the Realme but by sufferance 15 An imbasement for Civillians to have preferment by the offices of the Canon Law that ought not to be used 17 18 19. Whence it followeth that the papall Canon Law being abolished the papall offices and functions of Archbishops and Bishops are also abolished being grounded upon the same Law 20 Power properly and improperly called spirituall 20 21 Bishops remaine ordinary by custome provinciall Canons and statute Law though papall lawes be abolished 21 The King though Supreame governour of the Church cannot give Archbishops and Bishops spirituall power properly called spirituall that power must be derived from the Scripture 20. The Bishops did use a plenary power devised and promulged new Canons without the Queenes assent 23 All the Bishops together can make no new Law and yet every Bishop doth make many lawes 24 All temporall officers do draw their power from the King one way or other 25 The Charter of England confirmeth not the power of Archbishops or Bishops because their power appeares not by the
108 How a Minister ought to be called to a place of his examination and approbation by Ministers and the Parish and of his ordination and actuall calling to a place 108 This way laid down before is no such innovation as is pretended it being agreeable to the ancient Lawes of the Land 100 The spirit of the Prophets are subject to the Prophets how to be 112 What is to be done if suit fall out betwixt two Patrons 113 Patrons not so strictly curbed is pretended 114 Prophets to be taken from the Schooles of the Prophets upon difference in judgment of the abilities of men what then to be done 114 Concerning refusall upon non abilitie 116 The benefits insuing the platforme of ordination and required 117 118 What perfection is required in a Minister 120 Prelacy and a learned Ministery cannot stand together 120 That objection answered that the reward of learning being taken away learning it selfe must needs fall to the ground 121 Prelacy the bane of learned Ministers 122 That argument answered concerning the drawing of Schollers out of the Vniversities before they are fit 123 124 The argument concerning excommunication answered by whom excommunication ought to be performed 125 126 127 what it is 128 The inconvenience of the Bishops excommunication 129 It hath many deformities 130 By the Bishops excommunication one may be a communite 130 Excommunication toucheth them only who professe themselves members of the Church 133 The different manner of discipline exercised by Ecclesiasticall Commissioners severall instances in diverse persons set down 134 135 136 The Articles objected by her Majesties High Commissioners for causes Ecclesiasticall against G. B. of B. and F. B. of B. in the County of L. with observations on the Bishops proceedings 1637. 138 139 140 141. with a Copy of the Arch-bishops Letter and answer from the Bishop to that Letter The Argument concerning the bringing in of Aristocracy into the Church answered 143 Prelacy either oligarchie or tyrannīe 144 It is to be feared lest by the examples of the Prelates Oligarchie be brought into the Common-Wealth and therefore a caution is put in against it 145 The government of the Church by Prelates is not Monarchicall 145 If it be so then the government by Pastors may be so too 145 No cause for the Monarch to feare Aristocracy in Church government 147 Pastors disclaime to meddle in civill matters 147 The people of England are rather possessed with the sense of Democracy and Aristocracy 148 The manner of Policy by Pastors and Elders in the Church is agreeable to the government in the Common-wealth but the government by Prelacy is disagreeable 149 The answer of an Italian Bishop being asked vis ne Episcopari And the answer of an English Bishop having obtained his Congedelier 149 150 The manner of administration of justice spirituall in the Church by Prelacy 150 The administration of Iustice spirituall by Pastors and Elders agreeable to the execution of civill justice in the Common-weale 151 No matters of justice civil administred by one alone in the Common-wealth 150 152. Severall ordinances set downe in severall Courts how they proceed 152 153 154. The Government of the Church ought not to bee by one alone 155 156. Severall ordinances thereof in the same pages No exception to bee taken against Lay Elders to be authorized by the King in every Parish since the King authorizeth Lay Elders in Ecclesiasticall commission 157 Discipline of excommunication exercised by one Lay Elder and one Ecclesiasticall Elder an instance of this discipline set downe 157 158 The King hath as good right to command excommunication to be exercised by a Pastor and Elders as the Bishops have to commit the same to a Curate and one Lay Elder 159 Lay men appointed by the Queenes injunctions to execute some part of discipline 160 Every Minister ought to minister the discipline of Christ in his owne cure by consent of Parliament 161 The Minister by promise bindeth himselfe to minister the discipline of Christ 162 The not disposing in particularity all rites and ceremonies of discipline doth not hinder the exercise of discipline by the Minister 163 To what persons the discipline of Christ by Scripture is committed and whether the persons be arbitrable or no 164 165 A Bishop Pastor and Elder and our L. Bishop differ 165. and what a L. Bishop is No Lord Bishop called L. Pastor Pastorall authority of a L. Bishop and of other Pastours is equall 166 Whether a L. Bishop minister the doctrine Sacraments and Discipline of Christ by vertue of his Lordly Episcopall or Pastorall office 166 Lordly Episcopality authorized only by the Realme 167 If the L. Bishop have power to minister Discipline by divine right then no more can hee commit that his power to an other than hee can commit the power which he hath of preaching to another 168 Whether L. Bishops by Pastorall Authority may excommunicate a Pastour 169. Pastors over small Flocks are as truly Pastors as Pastors over great Flocks 169. As great parity between Pastors and Pastors as between Apostles and Apostles 169 Not onely Kings of great kingdomes but also Kings of small kingdomes bee true Kings 170. Rurall Deanes in Cheshire c. use some part of Episcopall power 171 Episcopall power to excommunicate granted by papall priviledges or prescribed Vse 171. Power to excommunicate if it be of divine right may not bee prescribed 171. No more preheminence given to a Bishop than to a Minister or to a Lay-man in some places for the use of Excommunication 172 AN ASSERTION FOR True and Christian Church-Policie Wherein certaine politike Objections made against the planting of Pastors and Elders in every Congregation are sufficiently answered And wherein also sundry projects are set downe how the Discipline by Pastours and Elders may be planted without any derogation to the KINGS Royall Prerogative c. ADMONITION THE reason that moveth us not to like of this Pag. 79. platform of Government is that when we on the one part consider the things that are required to be redressed and on the other the state of our Countrey People and Common weale we see evidently that to plant those things in this Church will draw with it so many and so great alterations of the state of Government and of the Lawes as the attempting thereof might bring rather the overthrow of the Gospell among us than the end that is desired ASSERTION THe benefit of all exceptions and advantages to the invaliditie uncertaintie imperfections and insufficiency of this admonitory bill and matters therein contained alwayes saved for answere to so much as concerneth this clause and every other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill of admonition materiall to be answered unto and not herein or hereby sufficiently answered confessed and avoided traversed and deemed is true in such manner and forme as in the same is set forth and declared
not be removed Wherefore if our continued Prelaticall discipline whereby the liberty of the Church is taken away by publike authority of the King and States might be discontinued and libertie granted to the Church to use the Apostolicall discipline either our Admonitorie Protestants must yeeld stoop and obey or els be found to be a way ward a contentious and a â—romple generation And if these two former kinds of our people which the land being divided into five parts make three at the least shall every way bee supporters of unitie and conformitie to the Gospell and no way disturbers of the peace liberty and tranquillitie of the Church what overthrow or what dammage may the Gospell sustaine by the other parts Yea though they should unite linke and confederate themselves in one For are they not weaker in power poorer in purse and of farre lesse reputation than the former And yet neverthelesse these parts are at such deadly feud one against the other and at such an irreconcileable enmitie betweene themselves that the case standeth now betweene them as sometimes it stood with Caesar and Pompey not whether of them should raigne but whether of them should live And how then can these parts thus divided possibly agree together against the other parts so surely combined Besides the first sort of these two sorts whom it pleaseth our Protestants Puritane protestants can never overthrow the Gospell the Admonishers for difference sake to dubb with the Knights Hood of Precisians or precise and puritane Protestants Why They are the onely and principall spokes-men and petitioners for the Apostolicall Discipline required to bee planted Nay these men out of the holy Scriptures so resolutely are perswaded of the truth of God conteyned therein as without which they know perfectly that the doctrine of the Gospell can never powerfully florish or be entertained with so high a Majestie in the hearts of men as it ought to be The Gospel hath overthrown the papist therfore hee can never overthrow the Gospel And as for the other sort the Papists I meane alas that poore ratt what overthrow can he worke to the Gospell whose bane the Gospell hath wrought so long since Alas this faint ghost is so farre spent his disease growne so desperate and his sicknesse now at such an hay-now-hay as all the phisicke of all the Phisitions in the world can not recover his health or once take away his head-ach This silly snake then having hissed out all his sting spit out all his venome and ungorged himselfe of all his poyson how can his skin or how should his taile anoy the Gospell If therefore it might please the Admonishers upon a revew of our State our countrey and our people to cast such men as be open enemies to the Gospell into squadrons causing them to march ranck by ranck and troop by troop and delivering unto the King a muster roule of all the names qualities and conditions of the principall popish recusants within the Realme for none but such only can be suspected openly to band themselves against the Gospell it is not to be doubted but the least part of all the other foure parts would be as great in number as these And what then should the King and State feare the multitudes of Recusants when one standing on the Kings side should be able to withstand ten and ten an hundred and hundred a thousand and a thousand ten thousand papists King Asa 2 Chron. 14. crying unto the Lord his God that it was nothing with him to help with many or with no power and resting upon the Lord overcame ten hundred thousand and three hundred chariots of the Ethiopians and Labimes For the eyes of the Lord behold all the earth to shew himselfe strong with them that are of a perfect heart toward him And when King Joash remembred not the kindenesse which 2 Chron. â—4 Iehoiada the Priest had done unto him but slew Zechariah his sonne the Lord delivered the King and a very great Armie into the hands of a small company of the host of the King of Aram who gave sentence against the King slew all the Princes of Iudah from among the people and caried the spoyle of them unto Damascus And thus much concerning the Admonitors proposition viz. Whatsoever will draw with it many and great alterations of the state of Government and of the lawes the same may bring rather the overthrow of the Gospell than the end that is desired All which speech of his I affirme to bee but a vaine and trifling riddle as the whole strength whereof resteth only upon a may bee Whereunto if I should onely have spoken thus and no more viz. that many and great alterations c. might rather not bring an overthow of the Gospell c. I suppose and that upon good ground that such may might not bee might every way be as forcible to disprove the one as his may bee can any way be pregnant to prove the other And touching his assumption viz. but the planting of the government practised by the Apostles and Primitive Church will draw with it many and great alterations of the state of government and of the Lawes If in this place hee understood the state of Church governement and of the Lawes Ecclesiasticall now in use then is the proposition true And yet notwithstanding wee avow the Gospell to bee so farre from incurring any overthrow by such an alteration as thereby it is certaine that the same shall more and more flourish and bee perpetually established by reason that this alteration should be made from that which by long experience is known to be corrupt unto that which is knowne by the holy Scriptures to be pure and sincere From a government I say and Lawes authorized by tradition and commandements of man alone to a policie and lawes founded and descended by and from God himselfe But if the Admonitor by the assumption meant to informe us that the planting of the Apostolicall government will draw with it many and great alterations of the temporall state of government and of the temporall lawes statutes or customes of the Kingdome then as before The planting of the Apostolicall government will draw no alteration of the Laws of the realme with it to his first so now also to his second I answer negatively and affirme that the planting of the said Apostolicall government will not draw with it any the least alteration of any part of that temporall state of government nor almost of any one common statute or customary law of the Land which may not rather be altered than retained For this platforme of government we are able by the helpe of God to defend the same generally and for the most part to bee most agreeable and correspondent to the nature qualitie disposition and estate of our Countrey People Common weale and Lawes as in our particular answers to his particular reasons shall more at large appeare In all new and
and No Constitutions or Ordinances provinciall or other canons to bee alledged therefore once they were all abolished adnulled shall be abolite and of no value and such other of the same Constitutions and Canons as by the said 32. persons c. shall be approved to stand with the Lawes of God and consonant to the Lawes of this Realme shall stand in their full strength and power c. These are the words of the petition and submission c. the letter of the body of the Statute in effect is this Be it therefore enacted c. That they nor any of them from henceforth shall presume to attempt alledge claime or put in ure any Constitutions or Ordinances The King and thirty two persons have no power to examine papall canons therfore papall canons intended to bee wholly abolished Provinciall or Synodall or any other Canons And forasmuch as such Canons Constitutions c. as heretofore have beene made by the Clergie or this Realme can not c by reason of the shortnesse c. be it therefore enacted c. that the Kings Highnesse c. shall have power c. and that the said 32. persons c. shall have power and authoritie to uiew search and examine the said canons constitutions c. Provinciall and Synodal heretofore made and such of them as the Kings Highnes c. shall deeme and adjudg worthy to be continued and kept shall be from henceforth kept c. and the residue of the said Canons constitutions and ordinances provincial which the K. Highnes c. shall never be put in execution within this Realme These are the words of the body of the Law the words of the Proviso are these Provided Canons provinciall already made only on authorised by the proviso therefore no papall Canons in force that such Canons Constitutions Ordinances and Synodals Provinciall being already made which be not contrariant c. shall now still be used and executed as they were before the making of this Act till such time as they be viewed searched c. by which words of the petition body of the statute and proviso three things seeme principally to be meant and intended First an utter and absolute abolition of all Canons Constitutions Ordinances and Synodals before that time made by the Clergie within the Realme or by any forraigne power within the Realme whatsoever Secondly a view search and examination of all Canons Constitutions and Ordinances Provinciall or Synodall before that time made by the Clergy within the Realm And lastly because the Church should not utterly bee destitute of all Canons c. Provinciall or Synodall a reestablishment or reauthorisement of all such of the said Canons Provinciall or Synodall as were not onerous to the people contrariant or repugnant to the Lawes Statutes or customes of the Realme nor prejudiciall to the Kings prerogative Royall was agreed upon till the said Provinciall Canons c. were viewed searched and examined All Papall and forraigne Canon Law then before that time made without the Realme being once inhibited to be attempted alledged claymed or put in ure and by consequence adnihilated abolished and made voide unlesse the same be againe revived and reestablished remaine frustrate and adnulled still and therefore ought not to be attempted alleaged claimed or put in ure Besides it is plaine that forraign and Papall Canon Law was never intended to be reauthorised because the same Law was never committed to the view search and examination of the King and 32. persons The King therefore and 32 persons by vertue of this act not having any authoritie to view search and examine any forraign Canon Law though he and they had deemed and adjudged any part of the same Law worthy to have beene continued kept and obeyed yet neverthelesse had not the same beene of any force or validitie For only such Canons Constitutions and Ordinances Provinciall or Synodall being not contrariant onerous or prejudiciall to the King to the Lawes or to the people were reestablished as were committed Besides whereas about twenty yeares passed divers Canons Constitutions and Ordinances as well Papall as Provinciall were alleaged by him that collected an Abstract against an unlearned ministery against Dispensations for many benefices against excommunication and against Civill jurisdiction in Ecclesiasticall persons the answerer in the behalfe and maintenance of those abuses challenged the author for not having proved his intent by law in force affirming that Tit. pag. 1. 2. The answerer unto the Abstract proveth by his reasons the Papall Canon law now used to bee abolished the Canons and Lawes by him alleaged were but pretended necessary and disused lawes that they were not inspired with the life of lawes that such were fathered for lawes as bee not Lawes and that it remained by him to be discussed how many of them were to be called in truth her Majesties lawes The reason of all which his exceptions he yeeldeth to be this namely that the Author ought to have proved them not to have beene repugnant to the customes of the Realme but to have beene in use and practice before the making of the act of submission For he must prove saith the Answerer that they are not repugnant to the customes of this Realme and shew us how they have beene used and executed here before the making of the statute yea he can say that they are by law established among us Which points saith he because we learne by law quod facta non praesumantur matters in fact are not intended to be done untill they be proved so wee must still put him to his proofes and in the meane time say that he hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned All which asseveration of this Answerer if the same be true and if this plea bee a good averment to bar the Author from having proved a learned ministerie to be commanded by the law dispensations for many benefices to be unlawfull excommunication by one alone to be forbidden and civill government to bee unlawfull in Ecclesiasticall persons then much more forcibly may this argument be retorted upon all such as claime alleage and put in ure any portion of the forraigne Canon Law For sithence it hath never yet beene proved that the forraign Canon Law used and executed at this day was accustomed and used 25. H. 8. then because wee learne by law as he saith quod facta non prae sumantur wee must still put him and his clients to their proofe and in the meane while tell them that their Advocate hath twisted for them but a bad thread when by his reason he hath untwined all their lawes and broken a sunder the bands of their government Moreover because it is not yet proved that the forraigne and Papall Canon Law is not contrariant nor repugnant to the Lawes statutes or customes of the Realme nor derogatorie to the prerogatives of the
absolutely and as really is revested in the person of the Queene as is the said spirituall authoritie Therefore as all spirituall Officers for the execution of the said spirituall power must have their authoritie derived unto them from the person of the Queene under the great Seale so likewise must all temporall officers for the execution of their temporall offices have the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all temporall as all the said spirituall authoritie improperly so called was really and absolutely in the person of the Queene yet hereupon it followeth not that by one and the selfe same meanes alone and namely by a commission under the great Seale all temporall and the said spirituall power in every part and branch thereof should be drawne alike from the Queenes person For there be divers and sundry meanes to derive temporall authority wheras there seemeth to be but one only means to derive the said spirituall authoritie and then marke the substance of the authors argument Some temporall Officers as Stewards of Leets Constables and sundry other Officers must not draw their temporall authoritie from the Queene by a Commission under the great Seale Therefore no spirituall Officers as Archbishops Bishops Archdâ—acons and sede vacante Deanes and Chapters must draw any of their spirituall authoritie from the Queen by a Commission c. Which argument drawne from a particular affirmative unto a generall negative what weaknesse it hath every young Logician can discerne And as for Stewards of Leets though they have no Commission Though all temporall officers draw not their power from the King by the great seale yet by one meanes or other withdraw it from the King under the great Seale yet for the execution of their Stewardships they have a Commission under the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughs have their authorities derived unto them from the Kings person by the very originall and institution of their offices Sheriffs of Countries Coroners Escheators and Uerderors have their offices and their authorities warranted unto them by the Kings writs out of the Chancerie But it was not the minde of the Law-makers saith the Author that the Ordinaries by a commission under the great Seale should draw their said spirituall power from the Queen What the mindes of the Law-makers were touching this point it mattereth little or nothing at all Neither is it to purpose whether a commission under the great seale be necessarily required or not required by vertue of that statute 1 Eliz. c. 1. to warrant the said spirituall power unto Ordinaries Only it sufficeth that the Queen having all power improperly called spiritual invested in her Royall person and being really and actually seised of all the said supreme spirituall authoritie could not have any part of the same spirituall power drawne from her but by some one lawfull and ordinarie meanes or other For if this rule be true in every common person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule hold in the Royall prerogatives rights priviledges dignities and supremities of a King wherfore to say that all supreme and ordinarie power improperly called spirituall was really and actually inherent in the Royall person of the Queen and to say also that some of the same inferiour and ordinarie power not derived from the Queen was neverthelesse in the persons of inferiour ordinaries is as much to say that some branches of a tree may receive nourishment from elsewhere than from the root that some members of the bodie are not guided by the head and that some streames flow not from their fountaines And now to conclude this part against the Canon Law and their Offices and functions thereof I dispute thus The forraign and papall canon law with all the accessories dependances offices and functions thereof is utterly abolished out of the Realme Therefore the same law is no part of the lawes of the Realm and therefore also it is evident that there will not follow any alteration of the Lawes of the Realme by the taking of it away Which Canon Law also with other lawes and functions how easily the same without any inconveniences may bee supplied shall God willing be presently made apparant if first we shall answer to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie out of the words of the great Challenge for Lordly primacy out of the great Charter answered Charter Concerning which challenge namely that by the great Charter Lordly Archiepiscopall and Episcopall primacie or jurisdiction belonging to the state of Prelacie is belonging unto them I demand unto what Church this great Charter was granted And whether it were not granted unto the Church of God in England The words of the Charter are these Concessimus Deo hâ—c praesenti Mag. Charta c. 1. Charta nostra confirmavimus pro nobis haeredibus nostris in perpetuum quod Ecclesia Anglicana libera sit habeat omnia jura sua integra libertates suas illaesas We have granted unto God and by this our present writing have confirmed for us and for our heires for ever that the Church of England be free and that she have all her rights and liberties whole and unhurt Now by this Charter if the same bee construed aright there is provision made first that such honour and worship be yeelded by the King and his subjects his and their successors and posteritie unto God as truly and indeed belongeth unto him Secondly that not only such rights and liberties as the King and his progenitors but also that such as God had endowed the Church of England with should inviolably be preserved And in very deed to speake truly and properly such rights and liberties only are to be called the rights and liberties of the Church of England which God himselfe hath given by his Law unto his universall Church and not which the Kings of England by their Charter have bequeathed to the particular Church of England When therefore question is made that by the great Charter the Kings of England are bound to maintaine the rights and liberties of the Church of England wee are to enquire and search what rights and liberties God in his holy word hath granted unto his universall Church and so by consequence unto the Church of England one part of the Catholike Church And this questionlesse was the cause that moved the victorious Prince Henry the eight so effectually and powerfully to bend himselfe against the Popes supremacie usurped that time over the Church of England For saith the King we will with hazard of our life and losse of our Crowne uphold and defend in our Realmes whatsoever wee shall know to be the will of God The Church of God then in England not being free nay having her rights and liberties
immediately from your highnesse by and under your Highnesse letters patents And whereas also by a statute made in the first yeare of King Edward the sixth entituled an Act what seales and stile Bishops or other spirituall persons shall use it was ordained that all and singular Archbishops and Bishops and others exercising Ecclesiasticall jurisdiction should in their processe use the Kings name and stile and not their owne and also that their Seales should be graved with the Kings arms And forasmuch also as it must be highly derogatorie to the imperiall Crowne of this your Highnesse Realme that any cause whatsoever Ecclesiasticall or temporall within these your Highnesse Dominions should bee heard or adjudged without warrant or commission from your Highnesse your heires and successors or not in the name stile and dignity of your Highnesse your heires and successors or that any seals should be annexed to any promise but onely your Kingly seale and armes May it therefore please the King at the humble supplication of his Commons to have it enacted That the foresaid branch of the foresaid Act made in the first yeare of Queene Elizabeth her raigne and every part thereof may still remaine and for ever bee in force And to theend the true intent and meaning of the said statute made in the first year of K. Edw. the sixth may be declared and revived that likewise by the authoritie aforesaid it may be ordained and enacted that all and singular Ecclesiasticall Courts and Consistories belonging to any Archbishops Bishops Suffraganes College Deane and Chapter Prebendarie or to any Ecclesiasticall person or persons whatsoever and which have heretofore beene commonly called reputed taken or knowne to be Courts or Consistories for causes of instance or wherein any suite complaint or action betweene partie and partie for any matter or cause wherein judgement of law civill or Canon hath beene or is required shall and may for ever hereafter be reputed taken and adjudged to be Courts and judgement seates meerely Civill secular and temporall and not henceforth Ecclesiasticall or Spirituall and as of right belonging and appertaining to the Royall Crowne and dignitie of our Soveraigne Lord King James that now is his heires and successors for ever And that all causes of instance and controversies betweene partie and partie at this day determinable in any of the said Courts heretofore taken and reputed Ecclesiasticall shall for ever hereafter bee taken reputed and adjudged to be causes meerly Civill secular and temporall as in truth they ought to bee and of right are belonging and appertaining to the jurisdiction of the Imperiall crown of this Realme And further that your Highnesse Leige people may bee the better kept in awe by some authorized to bee your Highnesse Officers and Ministers to execute justice in your Highnes name and under your Highnesse stile and title of King of England Scotland France and Ireland defender of the Faith c. in the said Courts and Consistories and in the said causes and controversies Be it therefore enacted by the authorities aforesaid That all the right title and interest of in and to the said Courts and Consistories and in and to the causes and controversies aforesaid by any power jurisdiction or authoritie heretofore reputed Ecclesiasticall but by this Act adjudged civill secular and temporall shall for ever hereafter actually and really be invested and appropried in and to the Royall person of our Soveraigne Lord the King that now is his heires and successors Kings and Queenes of this Realme And that it shall and may be lawfull to and for our said Soveraigne Lord and King his heires and successors in all and every Shire and Shires Diocesse and Diocesses within his Highnesse Dominions and Countries by his and their letters patents under the great Seale of England from time to time and at all times to nominate and appoint one or moe able and sufficient Doctor or Doctors learned in the Civill Law to bee his and their civill secular and temporall Officer and Officers Minister and Ministers of justice in the same civill secular and temporall Courts and Consistories which in and over his and their royall name stile and dignitie shall as Judge and Judges doe performe and execute all and every such act and acts thing and things whatsoever in and about the execution of justice and equitie in those Courts according to the course and order of the civill Law or the Ecclesiasticall canons and constitutions of the Realme as heretofore hath beene used and accustomed to bee done by for or in the name of any Archbishops Bishops Colledge Cathedrall Church Deane Archdeacon Prebendary or any other Ecclesiasticall person or persons whatsoever And that all and every such civill secular and temporall Officer and Officers Minister and Ministers Judge and Judges in his and their processe shall use one manner of Seal only and none other having graved decently therin your Kingly armes with certaine characters for the knowledge of the Diocesse or Shire And further be it enacted c. That it shall and may be lawfull by the authoritie aforesaid for our said Soveraigne Lord the King his heires and successors from time to time and at all times to nominate and appoint by his and their Highnesse Letters Patents under the great Seale of England for every Shire and Shires Diocesse and Diocesses within his or their highnesse Dominions one or more able and sufficient persons learned in the Civill Law to be his and their Notarie and Notaries Register and Registers by him and themselves or by his or their lawfull Deputie or Deputies to doe performe and execute all and every such act and acts thing and things as heretofore â—â— the Courts and Consistories Ecclesiasticall aforesaid hath beene and â—ow are incident and appertaining to the office of any Register or Notarie And further at the humble suit of the Commons c. it may please the King to have it enacted that all and singular matters of Wills and Testaments with all and every their appendices that all and singular matters of Spousals and Marriages with their accessories that all and singular matters of defamation heretofore determinable in the Ecclesiasticall Courts and if there bee any other causes of the like meere civill nature shall bee heard examined and determined by the said civill and secular Officers and Iudges in the said civill and secular Courts according to the due course of the civill Law or statutes of the Realme in that behalfe provided And that all matters of Tythes Dilapidations repayre of Churches and if there bee any other of like nature with their accessories and appendices shall be heard examined and determined by the said civill and secular Officers and Judges in the said Civill and Secular Courts according to the Kings Ecclesiasticall Lawes Statutes and customes of the Realme in that behalfe heretofore used or hereafter by the King and Parliament to be established And at the humble suite of the Commons may it please the King to
of the Common Law before the Kings Judges and Justices of the Kings bench and Common pleas By a Statute of 32. H. 8. c 7. it is cleare that all tyths oblations c. and other Ecclesiasticall or Spirituall profits by the lawes and statutes of the Realme may be made temporall as being admitted to be abide and goe to and in temporall hands lay-uses and profits From the reason of which statute it is cleare that those lawes likewise may be reckoned amongst us for temporall lawes which by the lawes and statutes of the Realme may be executed by temporall and lay persons and which are conversant about temporal and lay causes If then the execution of the Lawes touching these matters may lawfully remaine and abide in the hands of Doctors of the Civill Law being temporall and lay persons as alreadie under the Bishops they doe it cannot be denied but that the Kings Judges and Justices of both benches may bee as competible Judges to put in execution the lawes concerning these matters as Doctors of the Civill Law or other lay men be But the causes are not reputed and called temporall and lay causes amongst us What for that if in their owne nature simply considered these causes be merely lay and temporall causes such causes I meane as whereof the King a lay civill and temporall Magistrate by his lay civill and temporall Magistracie derived unto him immediately from the holy law of God may and ought to take cognizance and thereupon either in his owne Royall person or by the person of any of his inferiour Officers may give absolute and peremptorie judgement If I say these things be so what booteth it or what wisedome is it to contend that these causes and matters have been and are still adjudged to be therefore Ecclesiasticall and no temporall causes because through an abusive speech or through a vaine and evill custome they have beene so led and accompted in times past And what if it hath pleased the Kings Progenitors by sufferance to tolerate the executions of such Lawes as concerne these things to bee in the hands and power of Ecclesiasticall persons yet hereupon it followeth not that in very deede and truth the Magistracie of the said Ecclesiasticall persons was an Ecclesiasticall Magistracie or that they were Ecclesiasticall Magistrates but their Magistracie was and remained still a temporall magistracie and they were and abode temporall Magistrates For not more can the qualitie of the person alter the nature of the cause than can the qualitie of the cause alter the nature of the person And if it be true that matters determinable in times past by a Magistracie abusively called Ecclesiasticall be notwithstanding properly temporall matters and that the same Magistracie also be a temporall and no spirituall Magistracie what a childish and poore conceit is it to challenge and threp upon the temporall Magistrate that he hath none or very few temporall lawes touching those matters and that therefore the people should not solicit an alteration of abuses in Church government left for want of temporall lawes the people should bee without Ecclesiasticall discipline It will be no small matter saith he to apply these things to the temporall law yea and so say I to But what of that The question is not how hardly these things may be applyed to the temporall law but how small a matter it were to apply the temporall law unto these things For it is not said in any law that casus ex juribus but it is said in all lawes that ex casibus jura nascuntur The temporall law may easily be applyed to causes now reputed Ecclesiasticall And indeed the Phisition applyeth not the disease to his Phisick but he prepareth his phificke for the disease The husband-man he measureth not his ground by the seed but his seed by the ground The Draper he meateth not his yard by the cloth but his cloth by the yard If in like manner the temporall lawes and the grounds and rules thereof were applyed to these matters of tythes marriages c. whereof he speaketh what more alteration could there bee of the temporall law by such an application then there is an alteration of the plummet by laying it to the stone or than there is an alteration of the rule or yard by laying them to the timber and cloth Besides he that rightly and after an exact and equall proportion can apply one rule or maxime of the temporall law to many more cases than whereupon it hath beene usually in former times applyed hee may rather bee reputed an additioner than an alterer of the Law But how may the temporall Law be applyed to those matters how even so and so as followeth By the statute of 32. H. 8. c. 7. it is declared that tythes oblations how tythes may bee recovered in the Kings temporall Courts c. and other Ecclesiasticall or spirituall profits c. being lay mens hands to lay uses be no more Ecclesiasticall but temporall goods and profits and that if any person were diseased deforced wronged or otherwise kept or put from his lawfull inheritance estate seisin c. of in or to the same by any person claiming or pretending to have interest or title in or to the same that then in all and every such case the person so disseised deforced or wrongfully kept from his right or possession shall and may have his remedie in the Kings tempoâ—al Courts as the case shall require for the recoverie of such inheritance by writ originall c. to be devised and granted out of the Kings Court of Chancery in like maner c. It is there likewise provided that that Act shall not extend nor be expounded to give any remedie cause of action or suite in the Courts temporall against any person which shall refuse to set out his tythes or which shall detaine c. his tythes and offerings But that in all such cases the partie c. having cause to demand or have the same tythes shall have his action for the same in the Ecclesiasticall Courts according to the ordinance in the first part of that act mentioned and none otherwise Now then sithence every person whether he be lay or Ecclesiasticall having right to demand tythes and offerings hath the partie from whom those tythes be due bound and obliged unto him and sithence also the partie not dividing yeelding or paying his tythes doth actually and really detaine the same and thereby doth unjustly wrong the partie to whom they be due contrary to justice and the Kings lawes sithence I say these things be so what alteration or disadvantage could befall or ensue to the Common Law or the Professors thereof if so be it might please the King with his Parliament to have the last part of this Act so to be explained extended and enlarged as that the same might give remedy in the Kings temporall Courts by writ originall to be devised and granted out of the Chancerie against
from all censures of the Church Nay we judge it most requisite and necessarie for the bringing the No offender freed from the censures of the Church partie which offendeth to repentance and amendment of life if presently upon sentence of death he be not executed that besides his temporall punishment the censures of the Church according to the qualitie of the offence may be used and executed against him yea and we thinke that the King by the holy law of God is bound by his regall power to command the Church duly and rightly to use the same censures not only against every adulterer defamer usurer c. but also against every thiefe every manslayer every traitor and every other offender For not only sinnes reputed with us Ecclesiasticall but all sins of what kind soever ought to be repented of and consequently against all sins the Ecclesiasticall censures ought to bee used And by whom should the same be exercised but by the Church Why then belike where an offender is punished in the Kings Court he shall againe be punished in the Ecclesiasticall Court and so for one offence be twise punished which were unreasonable To this we answer that it is not against reason that one man for one fault should be punished both temporally and spiritually First he consisteth For a man to be punished â—wiâ—e for one â—ault â—n two reâ—â—ect is 〈…〉 of two parts viz. of a body and of a soul in both which parts he hath offended Secondly he hath offended against two lawes the law of God and the law of the King For the execution of which two lawes there be two kinds of officers of two severall natures the king for the one law and the officers of the Church for the other law and both these kindes of officers have power given them immediately from God to execute the one Kingly and temporall the other pastorall and spirituall power And therefore we say it standeth with great reason that the soule causing the body to sinne should no more escape that punishment which is appointed for the soule by the law of God than the bodie should escape that punishment which is appointed for the body by the law of the King why then the officers of the Church may meddle with matters appertaining to the Kings law and what an indignitie to the King were that To this we answer that the officers of the Church in a several respect and to a several end dealing in one and the selfe same matter wherein the king dealeth may no more bee charged with dealing in matters appertaining to the Crowne by the exercise of their spirituall sword than can the King be charged with medling in the same matters to meddle with matters pertaining to the soule by the exercise of his temporall sword So that the spirituall power of the officers of our Saviour Christ which consisteth only in binding and loosing of the souls of men can not possibly by any reason or good intendment be construed now to be any more prejudiciall to the Kings prerogative or contrariant to the lawes of the Realme than it hath beene heretofore Because usurie incontinency and divers other crimes Ecclesiasticall have not beene punished only by Ecclesiasticall correction but also by corporall paine And therfore to take away this frivolous objection we instantly pray that the lawes of the Realme may still keepe their due and ordinarie course and that the Kings Scepter may retaine that ancient and Royall estimation which belongeth unto it and that it may be ordered by an irrecoverable law as followeth Potestas jurisdictio actionum quarumcunque civilium punitio castigatio externa omnium maleficiorum quâ—rumcunque famam facultates seu personas tangentium non penes Pastores Seniores Ecclesiae sed penes unum solumque Principem civilem Magistratum sunto quicunque iis non acquieverunt capâ—tali poena puniunto Whereupon falleth to the ground that cavillous and odious slander following in the Admonition viz. that the lawes maintaining the Queenes Supremacie in governing of the Church and her prerogative in matters Ecclesiasticall as well Elections as others must be also abrogated The contrary whereof being avouched throughout this whole assertion it shall be needlesse to spend any time in the refutation of so grosse an untruth ADMONITION Thos lawes likewâ—se must be taken away whereby impropriations and patronages stand as mens lawfull possession and heritage ASSERTION By a statute 15. R. 2. c. 6. because divers dammages and diseases oftentimes had hapned and daily did happen to the parochians of divers places by the appropriation of benefices of the same places it was agreed and assented that in every licence from thenceforth to bee made in the Chancerie of appropriation of any parish Church it should be expresly contained and comprised that the Diocesan of the place upon the appropriation of such Churches should ordaine according to the value of such Churches a convenient summe of money to be paid and distributed yearely of the fruits and profits of the same Churches by those that shall have the same Churches in proper use and by their successors to the poore parochians of the same Churches in aid of their living and sustentation for ever and also that the Vicar be well and sufficiently endowed By which statute it appeareth that every impropriation ought to be made by licence out of the Chancerie that it ought to be made to the use of Ecclesiasticall persons only and not to the use of temporall persons or patrons Now then all such parish Churches as without licence of the king in his Chancery have beene appropried to any Ecclesiasticall person and againe all such parish Churches as by licence of the King in his Chancerie have beene appropried to the use of lay persons they are not to be accompted mens lawfull possessions and heritages Besides this as many impropriations as whereupon the Diocesan of the place hath not ordained according to the value of such Churches a convenient summe of money to be paid and distributed yearly of the fruits of the same Churches c. to the poore Parochians of the same Churches in aid of their living and sustentation for ever yea and every Church also appropried as whereunto a perpetuall Vicar is not ordained canonically to be instituted and inducted in the same and which is not convenably endowed to doe divine service and to inform the people and to keepe hospitalitie there all and every such Church and Churches I say otherwise than thus appropried by the law of the Realme as it seemeth are not mens lawfull possessions and inheritances For by a Statute of king Henry the fourth every Church after the fifteene yeare of king Richard the second appropried by licence of the king against the forme of the said Statute of Rich. 2. if the same were not dulie reformed after the effect of the same statute within a certaine time appointed then the same appropriation and licence thereof made
politike c. were at the first appropried only by the discretion of the Diocesans Predecessors to the reverend Bishops that now are unto Abbots Priors Nuns Friars c. and because the successors of those Diocesans be bound in the same band of iniquitie with their predecessors unlesse by all good meanes they labour that things may be brought to their first and pristinate state it seemeth equall and just that this commutation should likewise proceed and be drawne from the Diocesans and great Churches before specified The reasons whereof may be such as follow The Lands and possessions given by the Kings progenitors the Earls Barons and other great men of the Realme to Bishoprickes were not given as Master Bilson affirmeth to unburden the people Perpetuall power pag. 367. 25 Ed. 3. statutes for provisours Bishopricks founded to some sumptuous uses of the support and charges of their Bishops but they were given as the Law of our Land teacheth us first to informe the people in the Law of God in those Churches Secondly to keepe Hospitalities almes and other workes of charitie And thirdly for the soules of the founders their heires and of all Christians Now then if some of these conditions be such as for the impietie thereof ought not to be performed and if other some also being good and godly be not performed and so the things are to returne to their first nature as in the same statute is alledged then is it reason that the King and Nobles who are the just inheritours and successors to those who were first Donours and founders of those Churches should have as free a disposition and donation of those lands and possessions now as his and their progenitors and ancesters ever had And seeing it is maniâ—est that the lands and possessions of Archbishops Bishops Deanes and Chapters doe not for the most part now a dayes serve for those good uses for the which they were first granted namely to informe the people in the Law of God to keepe hospitalities almes and other workes of charitie but partly for the use of chaunting and singing in the quires and partly to vaine idle superfluous and pompous uses the king can not doe a better and more charitable deed than to convert a parcell of the same lands and possessions thus by defect of the conditions not performed returning to their first nature to and for the necessarie and perpetuall provision of learned able and preaching Ministers to be planted in parochiall Churches now destitute of sufficient pastors for want of sufficient maintenance nay sithence Archbishoprickes Bishoprikes and other prelacies by the very expresse letter of the statute are said to be founded to superstitious uses viz. for the soules of the founders their heires and of all â—hristian the same reason led King Henry the eight his Nobles and Parliaments to dissolve Abbeys and Monasteries and the same reason also which moved King Edward the sixth with his Nobles and Parliament to dissolve Colledges free Chappels and Chauntries the same reason may be a sufficient reason to perswade our Soveraigne Lord King IAMES that now is with his Nobles and Parliament to dissolve Archbishoprickes Bishoprickes Deanries c. First to the end these Prelacies and Dignities may never in any succeeding ages serve to any such superstitious uses as whereunto they were first erected Secondly that the King having them all in his owne hands and free disposition may be the only founder and donor of so many new Bishoprickes as might please him to erect and endow with such liberall and convenable endowments as might serve for learned Evangelicall Bishops to enforme the people in the holy Evangell of Christ to keepe hospitalities almes and to doe other workes of charitie rather than to bee expended as now for a great part they are upon the keeping of great horses caroches and troupes of serving idlers The commutation then whereof we speake and which wee most humbly commend to the consideration of the King is viz. That parcell of the temporall Lands and possessions of Archbishops and Bishops together with all the lands and possessions serving to the maintenance of idle Ministers and idle Songsters in Cathedrall and Collegiate Churches the Collegiate Churches of Eaton and Winchester and the Cathedrall and Collegiate Churches in Oxford and Cambridge excepted by an equall and reasonable proportion may be made with such impropriations as belong to the King the Nobles Commons Colledges Hospitals Schooles c. Provided as before hath beene said that there may be a liberall and convenable endowment for the learned Bishops or Pastors to be continued and placed in all the chiefe and principall towns and cities of the Realm And that the impropriations of Parochiall Churches may for ever be livings for the Ministers of the same Churches And therefore in the just defence of the innocencie of all such as require a godly and religious reâ—ormation we say that they ought not to have beene traduced before the king as robbers and ransackers of the Church And that some of the plotters for the Prelacie more honestly might have imploied both their Latine and their labour than lately they did When by drawing Letters as they pretended congratulatorie to the King only in the name of Preaching Ministers they procured notwithstanding ignorant and unpreaching Ministers to joyne in the action and to affixe their hands and names That such letters have beene made and signed is sufficiently to be proved but whether they have beene presented to the Kings hands is not yet knowne Only if they shall hereafter come then may they be knowne by these words Nos Concionatores c ab omni domestica capacitate eorum qui praetextu religionis ecclesiae insidiantur My Lord the King is wise 2 Sam. 14. 24. according to the wisedome of an Angell of God to understand all things whereof he is informed The third means to reduce impropriations unto the possession of Publike redemption of impropriations the Ministerie is by way of publike redemption or purchase For the accomplishment whereof it is necessarie that not only a common treasure be provided but also that the price of improptiations by a publike consent be valued at a reasonable rate to make which rate will bee a matter of small weight whether they bee valued to bee bought and sold at their old and ancient or at their new and improved rents To provide a common treasure though to some it may seeme a matter intricate and troublesome yet seeing the same possibly and conveniently may be done there is no cause that men should faint before thy fight or be at an end before they begin It is written that the cause when king Solomon raised the tribute to wit was to build the house of the Lord his own house and Millo and the wall of Ierusalem After 1 Kin. 9. 15 that wicked Athaliah and her children had broken up the house of God and had bestowed all the things that were dedicate for
lawes doe uphold the state and authoritie of the Convocation house for the examination of all causes Matters of religion not concluded in parliament before the same bee consulted of in convocation of Religion surely it cannot be truly averred that it is necessarie for Evangelicall Bishops to be members of the Parliamenthouse lest controversie of Religion should bee handled and discussed without them For how should any matter of religion bee concluded without them in Parliament when first of all the same is to be argued among themselves in convocation Or let them hardly if they can shew any one instance of any change or alteration either from religion to superstition or from superstition to religion to have beene made in Parliament unlesse the same freely and at large have beene first agreed upon in their Synodes and Convocations And what booteth it then to have a double or treble consultation and consent of Archbishops and Bishops in parliament Is the holy cause of God any whit bettered by their Bishops riding from Pauls to Westminster Or can it receive any more strength by their walking from Westminster Church to Westminster palace Nay it hath beene often times so farre from being promoted by their bishops as not only in their convocations but also in the Queenes parliaments the same thing hath beene shamefully intreated and taken the foyle as may witnesle the bill for the better observation of the Sabboth 27. Eliz. which being passed by both houses of parliament was notwithstanding gainesaid and withstood by none so much as by certaine Evangelicall bishops and which as there all men generally conceived was only stayed from being made a law by the Queene upon their counsell and perswasion ADMONITION Pag. â—8 It hath beene alwayes daugerous to picke quarrels against lawes setled ASSERTION And is it not morbus haereditarius in Prelates to pick quarrels against reformation of errours For even this did Stephen Gardener Stephen Gardeners argument and the adâ—onitors argument in effect one reason against the Lord Protector That in no case saith Stephen Gardener is to be attempted of the Lord Protector which may bring both danger to him and trouble to the whole Realme But innovation of Religion from that state wherein K. Henry left it may be and is like to be dangerous to the Lord Protector and to baeed troubles to the whole Realme Therefore innovation of Religion from the state that K. Henry left it is in no wise to be attempted And even of this stamp and of this streyne is the argument of pickking quarrels against laws setled for thus in effect he argueth That Discipline in no case is to bee brought into the Church by the King and Parliament which may be dangerous to lawes setled But to bring into the Church the Apostolicall discipline may be dangerous to lawes setled Therefore the Apostolicall Discipline in no case is to be brought into the Church by the King and Parliament But forasmuch as that noble and religious Lord Protector notwithstanding Stephen Gardeners sophistry continued constant and couragious in the abolishment of popery and superstition which king Henry left and did without dangerous alteration of laws then setled innovate religion How much more now may the Kings Majestie the Lords and Commons in Parliament attempt with effect an innovation of that state of Ecclesiasticall government wherein the Queene left the Church And if it cannot be denyed but it had beene far more dangerous for the Realm and for the Lord Protector not to have setled the holy doctrine of the everlasting Gospell by Lesse danger to reforme the Church â—y nâ—w lawes than to câ—ntinue corruption by old laws new lawes than to have maintained and continued antichristianitie by old lawes how should it be lesse danger for the king in these dayes to continue corruptions in the Church by toleration of old lawes than to have the same corruptions reformed by establishment of new lawes But unto whom or unto what hath it beene dangerous to pick quarrells against lawes setled Wha hath it beene dangerous to lawes setled No. For how should lawes setled be indangered by quarrelers sithence quarrellers are evermore in danger of lawes setled Or hath it beene alwayes dangerous for a king for a State for a people or for a Countrey to pick quarrels against lawes setled No. For what man is he or what face carrieth he that dare upbraid a countrey a people a State or a King minding to unsettle evill lawes and evill customes to be quarrellers against lawes setled Let it then only be dangerous for private persons upon private male-contentment to pick quarrels against good lawes well and rightly setled and let it not be hurtfull or dangerous for supreme Kings powers and principalities by publike edicts to alter evill lawes evilly setled For to what other end should evill lawes evilly setled be continued but to continue evill And what a thing were that This argument then for lawes setled being the sophisme of that Fox Stephen Gardener is but a quarrelsome and wrangling argument ADMONITION If this government whereof they speake be as they say necessary Pag. 78. in all places then must they have of necessitie in every particular parish one Pastor a company of Seniors and a Deacon or two at the least and all those to be found of the parish because they must leave their occupations to attend upon the matters of the Church But there are a number of Parishes in England not able to finde one tolerable Minister much lesse to finde such a company ASSERTION This argument seemeth to be drawne from kitchin profit and is but a bugbegger to scarre covetous men from submitting their necks unto the yoke of that holy discipline which our Saviour Christ hath prescribed and which the Admonitor himselfe confesseth to have beene practised by the Apostles and primitive Church And yet because this argument seemeth to lay a very heavie burden on mens shoulders such as is impossible to be borne it is an argument worthy That seniours and Deacons should bee found at the charge of the Parish is absurd to be examined though in it self the same be very untrue and absurd For who did ever fancy that a Pastor a company of Seniours and a Deacon or two at the least should be men of occupations or that they should be all found of the parish because they must leave their occupations to attend upon the matters of the Church Why there be many hundreds of parishes in England wherein there dwelleth not one man of an occupation And what reason then or what likelyhood of reason was there to father such an absurd necessitie upon the Church As for the necessitie of having one Pastour in every partilar parish and of his finding by the parish because it is his duety to attend upon reading exhortation and doctrine although he bee no man of occupation this I say is agreeable and consonant to the government of the Church practised by
distinction of the seaventie Disciples from the rest And lastly against the cursing and fighting of the late Bishops of Rome till excluding both 359. Prince and people from yeelding his consent or making their request they had reduced the election wholly to the clergie hee telleth them by 339. their leave it was not so from the beginning From all which sayings of Master Bilson I conclude thus Whatsoever is right lawfull and free by the law of God whatsoever standeth upon the grounds of reason and nature whatsoever is derived from christian equitie and societie whatsoever is from the beginning and was left by the Apostles to the church at Ierusalem â—he same ought still to remain and must be kept inviolable in the church But the peoples interest to choose their Pastor is right is lawfull is free by the law of God standeth upon the grounds of reason and nature is derived from Christian equitie and societie is from the beginning and was left by the Apostles to the Church at Ierusalem Therefore the pe oples interest to choose their Pastour ought still to remaine and must be kept inviolable in the Church The whole proposition and every part thereof together with the assumpt and every part thereof is drawne from M. Bilsons owne confession Only to the proposition hee hath annexed certaine conditions or exceptions viz. Vnlesse by law custome or consent the people have restrained themselves or transferred or altered their right or else by their default or abuse the canons councels superiour powers princely or publike lawes have abridged altered or abrogated the same Now then it remaineth to know whether any consent default abuse custome canons councels superiour powers publike or princely edicts may be a good and sure warrant to abridge transferre or abrogate the peoples interest from having to do in the choice of their Pastours Our Saviour Christ when he came in the flesh he came to reforme the abuse crept in of the Law and to improve the corruptions of doctrine taught by the Scribes Pharisees and Doctors of the Law but hee tooke not away any least tittle of the Law ne abolish any jot of true and sound doctrine in the Church The Gospell teacheth us to order our judgements aright to bridle the unrulinesse of our affections and to moderate our inordinate appetities But yet doth not the same command us to empty our soules of all judgement to bury our affections in our bellies and to become as dead as stones without all Canons and Councels c may bridle disoâ—dered elections but not disannul elections of the people altogether sense or appetite In like sort we grant that custome consent Canons Councels Superiour powers publike and princely lawes may reâ—orme reprove restraine direct moderate and bridle the disordered unrulinesse and contentious brawlings of the people in and about their elections yea and we grant further that they may alter abridge or enlarge the forme and manner of elections All this we grant but that Christian Kings or any superiour powers may take this right into their owne hands as hee saith from the people or that the people by any law custome consent canon or councell may transferre or abolite their right fâ—eedome and interest given and deduced unto them â—y these rules and by these grounds I doe not yet perceive any good ground oâ— reason for the same For in so doing how should the holy wisedome and providence of God who hath imprinted in our nature these rules and these grounds this equitie and this freedome be so holily regarded and so highly reverenced as it ought to be For hath he made us freemen and can we without contempt of this grace become bondmen And albeit in some cases that may be well said quod volenti non fit injuria and that quilibet potest recedere a suo jure yet the cases must be such as a mans willingnesse and reâ—dinesse to forgoe his right be not tyed to him with so strong a band as is the band of the grounds of reason and nature of the rules of Christian equitie and of the freedome of the law of God It is free I grant for a man to eate or not to eate to drinke or not to drinke but for a man not to eate at all or not to drinke at all and so with hunger and thurst to sterve himselfe is not free and in this case volenti fiâ— injuria Every man that hath a wife that hath sonnes and daughters that hath men-servants and maid servants as by the very instinct of nature and by the equity of the Law of Christ he hath freedome to provide for them so must he carefully use this his freedome And therefore hee may not wholly and altogether put â—rom himselfe and expose at hap hazard the provision education instruction dieting apparelling and lodging of his wife his sonnes his daughters and his servants unto strangers neither may husbands fathers nor masters give their consent to the making of any law or the bringing in of any custome whereby their freedomes should be restrained adnihiled or made void in this behalfe For by thus violating the rules and grounds and by thus treading as it were under foot the equitie of Christ and the freedome they have by the law of God should they not most profainely and impiously despite God and as it were overturne the whole order he hath set in nature And if the people may not cast off these rules and these grounds this equitie and this freedome in things appertaining to the frail bodily transitorie and earthly life how much lesse may they cast them off or set little by them in things appertaining to the salvation of their soules and to a durable spirituall everlasting and heavenly life But the peoples right to choose their Bishops did never depend Objection that the peoples right did never depend upon thâ— expresse commandement of God upon the expresse commandement of God neither can the people challenge by Gods law the right to choose their Bishops I meane saith he no such thing is expressed and contained in the Scriptures What then if it doe depend or bee contained under the generall grounds and rules of reason nature christian equitie christian societie principles of humane fellowships the law of God the practice of the Apostles and that which was from the beginning Is it not sufficient Though it be not expressed in these termes viz. That the people must choose or that the people have right to choose their bishops it is not expressed and contained in the Scriptures that every man must choose his owne wife or that every woman must choose her owne husband And yet by the doctrine expressed or contained in the Scriptures is it true that no man hath right either to choose an other mans wife or to choose an other womans husband And that every man hath right to choose his owne wife and everie woman right to choose her owne husband Againe it is not expressed
and contained in the Scriptures that infants must bee baptized neither is it expressed and contained in the Scriptures that the bishop of Lichfield must have but one wife Yet because it is contained in the Scriptures that God in the beginning brought but one woman unto one man and gave to one woman but one husband I assure my selfe it will not be denyed but that the bishop must and doth content himselfe with one wife and that every Christian ought to bring their children to be baptized Besides if Master Bilson distinguisheth bishops in England from pastours in England and Archbishops in England and Pastors in England two severall orders and degrees of Ministers in the Church of England then I grant that it is neither expressed nor contained in the Scriptures that the people must choose their bishops in England And why but because the Scriptures having put no difference betweene bishops and pastours know no such bishops as we have in England And therefore bishops Bishops in England are only Bb. by the Kings grace and not by divine institution in England being bishops only by the Kings grace and not by divine institution and ordination as pastours in England be hence is it that the Kings of England by their prerogative Royall and not the people by the rule of Scriptures have chosen their bishops in England And for this cause also was it that K. Hen. 8. with advice of the Parliament did resume the nomination appointment investiture and confirmation of his Kingly bishops from the pope As for the nomination of pastours having cure of soules in parishes otherwise than all patrons by right of patronage doe give presentments their choise institution translation oâ— deprivation the Kings of England by their Pastours in parochiall Churches were never placed by the King as Bb. are in their Bishopricks regall power never yet hetherto tooke the same upon them And if the Kings of England by any fact or by any law did never take away the right interest and freedome from the people in choosing their pastours what right other than by usurpation can the bishops have to impose or thrust upon the people pastours without their liking But by custome and consent the people have restrained themselves Hereunto if it were not alreadie sufficiently answered that the people could not lawfully restraine themselves yet Master Bilson himselfe answereth That the late bishops of Rome never left cursing The people lost their consent by cursing and fighting of the Popes and fighting till they had excluded both prince and people and reduced the election wholly to the Clergie By cursing and fighting then have the people beene overruled and excluded and not by custome or consent have they restrained themselves Yea and by vertue of this cursed fight only doe the Bishops of England at this day exclude both Prince and people from medling in the choise of pastours For by authoritie of the canon law made by those late cursing and fighting Bishops of Rome the bishops of England have the sole ordination and placing of pastours over the people And from hence also it is plaine that the peoples right was not by their default or abuse relinquished and forfeited For then the late Bishops of Rome needed not to have cursed and fought for it And now whether it be not meet that the Lord Bishops professing themselves to be Christian bishops should still retaine in their hands and not restore unto Christian people the possession of their Christian equitie and freedome extoâ—ted from them by the cursings and fightings of antichristian Bishops I leave it to the consideration of the reverend bishops themselves Touching the mischiefes and inconveniences of schismes troubles strifes and contentions so often inculcated and so much urged and excepted against the election of the people there is no man able as I thinke to produce any one pregnant proofe out of any ancient or late historie that any king or Soveraigne power hath interposed any supreme authoritie to appease any discord or dissention ensuing or raised upon the bare choise made of any meere parochiall pastour by any faithfull and christian people The schismes strifes and factions that were raised in the old churches sprang out and slowed onely Schismes and contentions spring from schismaticall and proud clergie masters from the heads and fountaines of those schismes strifes and factions and namely from proud ambitious and hereticall bishops and great clergie masters For they being infected and poisoned with the contagion of schisme and heresie and having sowred the mindes of their Disciples with the leaven of their hereticall doctrines no marvaile if the people became followers of the evill manners of their teachers and no marvaile if they verified the proverbe Like master like man like Priest like people Eustatius Bishop of Antioch being a Sabellian heretike was deposed by the Councell of Antioch after whose deposition a fierie flame of sedition was kindled in Antioch Socr. 1. c. â—â— because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch some other would bring againe Eustatius Eusebius bishop of Nicomedia and Theognis bishop of Nice being both Arians with their confederates raised skirmishes and tumults against Athanasius after the death of Alexander bishop Socr. l. 2. c. 2 of Constantinople about the election of a bishop there was greater stirre than ever before time and the Church was more grievously turmoyled The people were devided into two parts the one egerly set with the heresie of Arius clave to Macedonius the other cleaved very constantly to the decrees of the Nieene Councell and choose Socr. l. 2. c. 4 Paulus to be their Bishop The cause of division among the Citizens of Emisa about the election of Eusebius Emisenus was for that he was charged with the studie of the Mathematickes and accused of Socr. l. 2. c. 6 the heresie of Sabellius After the death of Eusebius when the people of Constantinople had brought againe Paulus to be their bishop the Arians chose Macedonius The authors and chiefe doers in that stirre were certaine Arian bishops who before aided Eusebius that turned up side downe the whole state of the Church These Socr. l. c. 9 and sundry such like sturres discords factions and dissentions are found to have beene raised and pursued by schismaticall and hereticall bishops their favourites and followers in the old Churches but that these or the like mischieves and inconveniences can be proved to have fallen out by the election of Parochiall pastours in the old Churches we deny And why then should not the interest and freedome of faithfull and Christian people wrested from them by cursings and fightings of faithlesse and antichristian Popes be restored to them againe And the cause ceasing why should not the effect likewise cease And therefore we humbly intreat the Lords bishops that against the grounds of reason and nature against Christian equitie A â—equest to the â—everend
trouble and expence yea and with greater priviledge than he did before Thus therefore touching the office and person of the King the duetie of the Presbyterie and people the right of the Patron and the person of the Minister to be ordained thus and thus we say and thus and thus as we think may our sayings well stand with lawes setled By an act primo Eliz. c. 1. the King hath full power and authoritie by Letters Patents under the Great Seale of England when and as often as need shall require as he shall thinke meete and convenient and for such and so long time as shall please his Highnesse to assigne name and authorize such person or persons being naturall borne subjects as his Majestie shall thinke meet to exercise use occupie and execute under his Highnesse all manner of jurisdictions priviledges and preheminences in any wise touching or concerning any Spirituall or Ecclesiasticall jurisdiction within this Realme of England Againe by the booke of ordeyning Bishops Priests and Deacons it is prescribed that the Bishops with their The Bb. and Priests must lay on their hands Priests shall lay their hands severally upon the heads of every one that receiveth Orders that every one to be made a Minister must be of vertuous conversation and without crime sufficiently instructed in the holy Scriptures a man meet to exercise his ministerie duely that he must be called tried and examined that he must be presented by the Archdeacon and be made openly in the face of the Church with prayer to God and exhortation to the people And in a statute made 21. of King Hen. 8. it is affirmed That a Bishop The Bishops must use six Chapleins at giving of orders must have sixe Chaplaines at giving of orders Besides by an ancient and lowable custome the Parishes and Parish Churches within every Archdeaconrie remaine unto this day distributed into certaine Deanries the Parson or Vicar of the auncientest Church commonly called the Mother Church of the Deanrie unlesse by Every Archdeacon divided into Deanries consent some other be chosen by the Ministers themselves hath the first place and is the chiefe director and moderator of whatsoever things are propounded in their Synodall meeting which Minister also is called Archipresbyter or Decanus curalis according to the appellation of the chief Minister of the mother or chief Church of that Diocesse who is called Archipresbiter or Decanus cathedralis so that unto this day these Ministers meeting at the Archdeacons visitations once in a yeere at the least there remaineth in the in the Church of England a certaine image or shadow of the true ancient and Apostolicall conference and meetings Wherefore from these lawes and from this ancient manner of the meetings of Ministers and of having one principal and chief Moderator amongst them according to the Apostolicall practice and usage of the primitive Church thus already setled in the Church of England wee humbly leave it to be considered by the Kings Majestie First whether it were not meet and convenient for his Highnes by his letters patentes under the great Seale of England to assigne A Minister to be ordained by the Bishops and a â—ompany of Ministeâ—s at the Kings commandement name and authorize the Bishops and six or moe Ministers within every Deanerie continually resiant upon their benefices and diligently teaching in their charge to use and execute all manner of jurisdiction priviledge and preheminence concerning any spirituall ordination election or institution of Ministers to be placed in the Parochiall Churches or other places with cure of soules within Secondly when any Parish Church or other place with cure of soules shall be voide whether it were not meet and convenient that the auncients and chiefe Fathers of that place within a time to be limited for that purpose should intimate the same vacancie unto Vacancie of a benefice to be intimated tâ— the Kingâ— office the office of the Kings civill Officer appointed for that Shire or Diocesse to the end the same Officer by authoritie from the King might command in the Kings name the Bishop and other Ministers to elect and ordaine and the people of the same place to approve and allow of some able and godly person to succeede in the Church Thirdly the Patrone if the same be a common and lay person A Lay patrone insteed of varying his Clerk may present two Clerks at one time having now libertie to vary his Clerk if he be â—ound unable whether it were not meet and convenient to avoide all manner of varying that within the time perâ—â—xed hee should nominate at one time two Clerks to bee taken out of the Uniâ—ersities or other Schooles and Nurseries of the Prophets and that the same nomination be made unto the Bishop and the said sixe Ministers to the end that both the Clerkes being tried and examined by them the abler of the two might be preferred to that charge And of this manner of presenting two Clerkes by the Patrone we have a president not much unlike in the statute for nomination of Suffraganes By which act every Archbishop and Bishop desiring to have a Suffragane hath libertie to name and present unto the King two honest and discreet Spirituall Persons c. that the King may give to one such of the said two Spirituall Persons as shall please his Majestie the title name stile and dignitie of a Suffragane Fourthly the Bishops and Presbyters having thus upon triall and A Minister found able for gifâ—s is to be sent to the parish that his life may be examined and to have the consent of the people examination found one of the Patrones Clerks to be a fit and able man to take upon him the executioÌ„ of the Ministery in that Church whether it were not then meet and convenient that by them he should forthwith be sent to the same Church as well to acquaint the people with their judgement and approbation of his gifts and abilitie to teach as also that for a time he should converse and abide amongst them to the end his life manners and behaviour might be seen into and enquired after by their carefull endeavours Fiftly the people within a time to be perfixed not making and proving before the Magistrate any just exception against his life A man allowed for gifts and Conversation is to be ordained with prayer fasting and laying on of hands A Minister to be inducted into thâ— Church bâ— the Kinâ—â— Writ manners and conversations whether it were not then meete and convenient that the Bishop with sixe â—ther Ministers or moe of the same Deanrie authorized by the King as aforesaid under some paine and within a certaine time should be bound in the presence of the Elders and people and in the same Church with fasting prayer and laying on of hands to ordaine and dedicate him to the Ministerie and Pastorall charge of that Church Lastly these things being thus finished whether it were not
then meet and convenient that the Bishops with the other Ministers and some of the chiefe of the people should give the partie ordained a testimoniall under their hands or under some authenticall seale to certifie the Kings Officer of the execution of his writt and that the Patron also should present the same person to the Kings officer humbly praying the same officer by authoritie to be derived from the King to cause him by some other writt to be confirmed and really inducted into the possession of the same Church and into the Mansion-house glebe-land and other profits Ecclesiasticall to the same appertaining Oh! but this were a strange kinde of innovation and a dangerous To execute the premisses no dangerous atâ—eÌ„pt attempt to alter lawes setled especially in a setled estate of the Church Well well let my Lords of the Clergie sing this song and pipe this melodie at their pleasure How be it forasmuch as this platforme in some part thereof hath already been agreed upon by divers CoÌ„mittees in Parliament in other some part thereof by laws already setled ought to have been practised and that in other some part therof is an advancemeÌ„t of the Kings authoritie which last part also is lively pourtracted out unto us by presidents from the Archb. B. themselves we shall through the grace of God and favor of the King be able well enough quite and cleane to wipe away all the spots of this calumniation And first touching the intimation and supplication to be made unto the King that his Highnes would Petition and intimatioÌ„â—o the King agreeable to lawes setled be pleased to command every Minister to be presented by the Patrone ordained by the Bishop and Ministers and elected by the people and that the King being certified by them of the execution of his writt should upon their Testimoniall by another publike writt cause the Clerke ordained to be confirmed admitted and inducted to the reall possession of the temporalities of the benifice This manner I say of intimation petition testimoniall and admittance in substance and effect differeth but little from the forme of the petition â—â— H. 8. c. nomination election investiture confirmation and consecration of the Archbishops and Bishops of this Realme For whensoever the Church of Canterburie Winton or other Bishops Sea becommeth destitute of a Pastor doth not the Deane and Chapiter of the same Sea intimate unto the King their want of a Bishop and doth not the same Deane and Chapiter humbly supplicate his Majesties favour and licence to elect another and doth not the King upon their supplication by Letters Patents under his great Seale favourably grant their petition willing them ut talem eligant in Episcopum Pastorem qui Deo devotus Ecclesia suae necessarius nobisque regno nostro utilis fidelis existat And with the same Letters Patents doth not the King send a letter missive containing the name and commendation of the person to be elected After the election finished doth not the Deane and Chapiter intimate the same also unto the King and humbly againe pray the King to yeeld his Royall assent to the Lord elected Whereupon doth not the King againe direct his Letters Patents of warrant to the Archbishop or some other whom the King shall appoint to performe all things which accustomably are to be done appertaining to his confirmation and consecration according to the lawes and statutes of his Realme of England Lastly the consecration and confirmation being finished and the Bishop having done his homage and sworne fealtie is not the Kings writt out of the Chancery directed to the Escheator to restore unto him the temporalities of the same Bishopricke Yea and may not the Bishop also if it please him procure another writt out of the Chancery directed to his Tenants commanding them to atturne and to take him for their Lord Now then in this platforme whereof mention hath been made touching the placing of a Parochiall Pastor any Parochiall Church with cure of soules being void when it is craved that the people of the same parish might intimate their want unto the Kings officer and that the same officer might command the Patron to present the Ministers to ordaine and the people according to the Kings lawes to assent unto and approve the Clerk what other intent or meaning have wee then that the King hath as ample and as lawfull a power The King hath as large a power to command a Minister to be elected and ordained as a Bishop to be chosen and consecrated to command a Minister to be presented ordained and elected to be a Pastor in a parochiall Church as he hath to command a Bishop to be elected confirmed and consecrated to an Episcopall sea And are we not then merveilously giddy-headed new fangled and strange innovators Againe when wee desire that the King at the humble suite of the Ministers the Patron and the people would be pleased to confirme and admit the Patrones Clerke in and to the temporalities of a Benefice what other thing is required but that the possession of no Church should be delivered unto any Minister without the Kings publike writt And would not this breed a perillous sturre garboyle discord and contention when the Archdeacons pretie signet as Dagon falling downe before the Arke should give place bow downe and doe reverence unto the Kings of England seale at armes The Prophets ought to be tried by the prophets Oh! but in this platforme there be other dangerous innovations and alterations not to be attempted Yea And what then be they The Admonitor himselfe in his admonition holdeth Yea Master Bilson and all other supporters of the Hierarchie defended That the Clergie ought to judge of the Clergie and that the Prophets ought to be tryed examined ordained only by the Prophets and that the â—piâ—its of the Prophets are subject to the spirits of the Prophets Wherein the coÌ„sisteth the disagreemeÌ„t variance between us them touching the ordination of a Prophet by Prophets or a Minister by Ministers certes to my understaÌ„ding there is no other matter of dissonancie in this case but even alonely this viz. That he by these words the Spirits of the Prophets are subject to the Prophets intendeth Corinth that the Spirits of many Prophets touching their triall examination and ordination are subject to the spirit of one Prophet and that therefore one Prophet by his owne spirit may trie examine and ordaine many Prophets Whereas on the other side we affirme that one Prophet according to this rule of our holy faith Whether the spirits of many Prophets subject to one or of one â—o many is to speake and the other Prophets are to judge and that no one Prophet may tâ—ie examine or ordaine many Prophets Because from this place we gather that the spirits of many Prophets in the ordinary course of the ministerie of the Word were never subjected in this case to the
matters of civill justice are heard examined and adjudged by one man alone If for the common benefit of the Tenants against incrochments over-laying of commons wast nuisances or such like any paine is to bee offered or presentment made the same is not set or made by the Steward Sheriffe or other Officer alone but by the common voyce and consent of all the homagers and sutors to the Court The Steward indeed is the director and moderator of the Court the giver of the charge and the mouth of the whole Assembly to pronounce and enact the whole worke of their meeting but hee is not the onely inquisitor the presenter the informer or the Judge to dispose all things according to his owne discretion Besides matters of the Kings peace are not committed in any Countie or other place within the Realme onely to one Justice of the peace alone For neither at the generall Sessions of the peace nor at any other lesse publike meetings any person for any offence Breaches of the Kings peace not punishable by one alone whereof hee standeth indighted or for which hee is punishable can bee fined amerced or bodily punished at the discretion of one Justice alone but by the greatest part of the Iustices assembled his penaltie is to bee imposed upon him Furthermore this manner of the examination of the fact and declaration of the Law for the tryall of the fact and judgement of the Law doth not reside in the brest of one Iuror or Iudge alone In the Court of the Kings Bench if a Prisoner hee brought to the Barre Iustice in any of the B. Courts is not executed by one Iudge alone and confesse not the Crime by the Iustice of that Court hee can receive no judgement unlesse hee bee first indicted by inquisition of twelve grand Iurors at the least and afterward againe bee tryed by other twelve brought judically into the Court face to face Yea and in this Court neither the interpretation of the common Law nor the exposition of any statute dependeth upon the opinion credit or authority of one Iudge or not of the Kings chiefe justice himselfe alone for his other three brethren and Co-juges varying from him in point of law may lawfully over-rule the Court. The same manner of Judgement for the Law is in use and is practized by the Judges in the Court of common Pleas and by the Barons of the Exchequer in the Latin Court of the Exchequer And not In the Courts of Equitie are many assistants Court of requests only in these Courts of law and Justice but also in all the Kings Courts of equitie and conscience it is not to be seene that any one person alone hath any absolute power without assistants finally to orâ—er judge and decree any cause appertaining to the jurisdiction of those Courts In the Court of Requests there are not fewer than two yea some times three or foure with Master of Requests in commission to heare and determine matters of equitie in Court of Wards that Court. In the Court of Wards and liveries there sitteth not only the Master of the Wardes but also the Kings Attourney the Receiver and other Officers of the same Court. In the Court of Court of the Chequer Chamber the Exchequer-chamâ—er with the Lord Treasurer who is chief and president of that Councell yet with him as assistants doe sit the â—hancellour of the Exchâ—quer the Lord Chiefe Baron High courts of Chancerie and the other Barons Whatsoever dâ—cree finall is made in the Kings high Court of Chancerâ—e the same is decreed not by the Lord Chancellour alone But by the Lord Chancellour and the high Court of Chancerie wherein the Master of the Roles and the twelve Masters of the Chancerie as coadjutors doe sit and give assistance In the most honourable Court of Starre-Chamber the Lord Chancellour the Lord Treasurer and the president of the Court of Star-chamber 3 H 7 c. 1 2 H 8 c 20 Kings most honourable Councel and Keeper of the Kings privie Seale or two of them calling unto them one Bishop and one temporall Lord of the Kings most honourable Councell the two chiefe Justices of the Kings bench and Common pleas for the time being or other two of the Kings Justices in their absence have full power and authoritie to punish after their demerits all misdoers being found culpable before them If we search our statutes besides the Courts and matters determinable in these spoken of before we shall finde that the complaints of errour whether it tâ—uch the King or any other person made in the Exchequer should bee 31 E 3 c 21 done to come before the Chancellour and Treasurer who taking to them two Justices and other sage persons are duely to examine the businesse and iâ— any errour be found to correct and amend the 14 E 3 c 5 Roles c. By reason of delayes of judgements used in the Chancerie in the Kings bench common bench and in the Exchequer it was assented established and accorded that a Prelate two Earles and two Barons chosen by the Parliament by good advice of the Chancellour c. shall proceed to take a good accord and to make 10 K. 2 c. 1 a good judgement When it was complained unto the King that the profits c. of his Realme by some great Officers c were much withdrawne and eloyned c. it pleased the King c. to commit the surveying aswell of the estate of his house c. unto the honourable Fathers in God William Archbishop of Canterburie 26 H. 6 b 11 H. 7 c. 25. c 19 H. 7 c. 7. and Alexander Archbishop of Yorke c. by a statute of commission for Sowers by a statute for punishment of perjurie by a statute against making or executing of acts or ordinances by any c Masters being not examined c. by the Lord Chancellour d 27 H 3 c. 27 c 32 H. c. 45. f 27 E c. 8 Treasurer or chiefe Justices c. By a statute for the erection of the Court of d Augmentation by a statute for erection of the Court of first e fruits and tenths and lastly by an f act for redresse of erroneous judgements in the Court commonly called the Kings bench By all these Statutes I say it is very apparant that the Administration of publike affaires in the common weale hath never beene usually committed to the advisement discretion or definitive sentence of any one man alone Which point is yet more fully and more perfectly Lord president and councell in Wales Lord president and councell in the North parts Lord Deputie councell in Ireland The King his honourable privie Councell The King and his grand councell in Parliament to be understood by the establishment and continuance of the Kings Lord President and Councell of Wales of the Kings Lord President and Councell established for the North of the Kings L. Deputie and Councel within
Bishop then having these two severall and distinct offices imposed upon his person the one by divine the other by humane Law the one humane and Episcopall the other without pomp and pastorall there ariseth from thence this question by which of those two functions hee may lawfully I meane according to Gods Law minister the Doctrine Sacraments and censures of Christ If it bee answered that it is lawfull for him by vertue of his Pastorall office to minister the doctrine and Sacraments and by force of his humane Episcopall office to minister the censures of Christ then is not the answer fitted to the question the same being made à bene conjunctis ad male divisa For the censures of Christ as well as the doctrine of Christ being simply of divine ordinance it must follow if his Episcopall power be onely of humane right and pastorall power be onely of divine institution that the censures may bee ministred by authority derived onely from man but the doctrine and Sacraments by power derived onely from God Which commixion of divine and humane right in the execution of the ordinances of God can no manner of wayes be sound pure and sincere and therefore also can not be pleasing unto God For no more can the censures of Christ to the pleasure of God be lawfully administred by the authoritie of any one whose function is of man and not of God than could the sacrifice of God bee offered by one who was a priest of man and not of God Now that humane Episcopality or Bâ—shoppisme in the Church of England is authorized and deduced from Lordly Episcopality authorized only by the Law of the Realme the power and Law of man viz. of the King and Realme alone is evident as well by the donation and endowment of the Bishoprickes founded by the Kingly Prerogatives of the Kings of this Realme as by the erection and establishment of the new Bishopricks of Chester Gloucester Bristoll Peter borough and Oxford with their Cathedrall Churches Seas Cities meeres and bounds of those humane Bishops for the exercise of their Episcopall administration according to act of Parliament authorizing the Kings Highnesse to make Bishops by His Letters Patents Nay further that humane Episcopall Note that King Henry the eight by letters Patents made Bish therefore c. 31. H. 8. c. 9 jurisdiction within the meres and bounds of every Diocesse within England is meerely of humane and not of divine institution appeareth by that power and authority which the King hath in translating and dissolving of Bishopricks in conserving Episcopall jurisdiction sometimes to such persons as be no Bishops as did William the Conqueror when hee gave Episcopall power to the Abbot of Battaile and lastly by the very manner and forme of the nomination licence of Election and authority of investiture confirmation and consecration of Archbishops and Bishops established by the more positive Law of the Realme But if it bee answered 25. H. 8. c. 20 that the Bishop by his humane Episcopall power doth minister the Doctrine Sacraments and discipline of Christ then is the case worse with him than it was before because then not onely the Discipline of Christ but also the doctrine and Sacraments of Christ should bee ministred by that authority which is of humane institution Besides the answer should be untrue because the Bishop at the time of his consecration doth not receive any authority to preach the Word and minister the Sacraments for that authority was then committed unto him when first he was ordained to be a Presbyter But the authority which hee receiveth at the time of his consecration is to correct and punish such as bee unquiet disobedient and criminous within his Diocesse Whereby once againe is that confirmed which was erst said viz. That Episcopall power in England is not of divine but of humane institution Especially for that by the Scriptures it can not be proved that there bee two severall and distinct formes of ordinations the one called consecration proper to a Lord Bishop for the exercise of Discipline the other called ordination peculiar to a Pastor or teaching Elder for the ministration of the Word and Sacraments Whereunto lastly may bee added another maine reason that Episcopall power in If the Lord Bish have power to minister disâ—ipline by divine right then no more can he commit that his power to an other than he can commit the power which hee hath of preaching to another England to minister the Discipline can not therefore bee of divine institution because if it were of divine institution the Bishop could no more surrogate the same his Episcopall power to his Suffragane to his Vicar generall or Rouland Allen to minister the censures of Christ in his owne name than hee can depute them or any of them to minister the doctrine and Sacraments in his own name But how doth it appeare that the Vicar generall Rowland Allen or any other Presbyter did ever excommunicate by the power or in the name of the Bishop For the proofe hereof we shall not need to search any other authenticall record then the precept and the practice before intreated of For it is not said in the precept that the Presbyter being armed with authority from Christ but it is said that the Presbyter being armed with authority from the Bishop or Archdeacon shall denounce the sentence of excommunication the practice also of Doctor Hone every way confirmeth as much For therein Doctor Hone doth not challenge to be an Officer unto Christ but he saith that he is the officiall of the venerable Archdeacon of Surrey and that Master Rowland Allen Presbyter by vertue of his office doth excommunicate the parties who obeyed not his mandates who made not their appearances before him c. If it be answered that Rowland Allen though he be not an immediate officer from Christ that yet neverthelesse he is a mediate officer depuâ—ed to his office by an immediate officer unto Christ viz. the Lord Bishop or Archdeacon then wee reply and say First that the Lord Bishop and Archdeacon be neither immediate or mediâ—te Officers appointed by Christ to bee ministers of his discipline Secondly if they were immediate officers from Christ that yet they have no authority by the Law of Christ to transfer their right or any part thereof to an other person in their name or by their authoritie to excommunicate As for these words viz. In Dei nomine Amen nos Iohannes Hone or nos Roulandus Allen c. sometimes used in their scedule of excommunication it is but a prophaning of the holy name of God whereby they make themselves guilty of the taking of the glorious name of God in vaine And thus much touching both the question and answer whether the discipline of Christ may be ministred by the Bishops humane Episcopall power yea or no. But now on the other side because no divine censure can lawfully be executed in the Church by that authority