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A13028 An assertion for true and Christian church-policie VVherein certaine politike obiections made against the planting of pastours and elders in every congregation, are sufficientlie aunswered. And wherein also sundrie projectes are set downe, how the discipline by pastors & elders may be planted, without any derogation to the Kings royal prerogatiue, any indignitie to the three estates in Parleament, or any greater alteration of the laudable lawes, statutes, or customes of the realme, then may well be made without damage to the people. Stoughton, William, fl. 1584.; Knollys, Francis, Sir, d. 1643. 1604 (1604) STC 23318; ESTC S117843 177,506 448

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externall gouermēt other outward orders to choose such as they thinke in wisedom godlinesse to bee most convenient for the state of their countrie and disposition Admonitorie Protestants by their owne doctrine ought not to bind the Church to a perpetuall goverment of prelacie of the people and hauing the consent of their godly Magistrates to that out ward forme of iurisdiction and deciding of Ecclesiasticall causes these kind of protestants I say alwayes blowing out the trumpet of obedience and crying an alarum of loyaltie to euery ordinance of man and grauelie wiselie and stoutlie demeaning them selues against all the giddy heads and fanaticall scismatikes and wrangling spirits of our age dare not I trow slip the collar nor cast of the yoke dare not push with the horne nor wince with the heele against the Gospel If so bee by the authoritie of our Christian King with the consent of his Parleamēt the platforme of gouerment as hee saith deuised by some of our neighbour Churches but as we they thē selues confesse practised by the Apostles and primitiue Church might bee receiued and established to bee the best and fittest order of gouerment for the Church of Englande as well as it hath bene a long time and yet is of Scotland of most of all other Christian Churches For if it be to great a bridle of christian libertie as they say in thinges externall to cast vpon the Church of Christ a perpetuall commandement if the church haue free libertie to make choise of what gouerment soeuer shee thinketh convenient then is she neither restrained at her pleasure to forsake that which by long experience she hath found to be inconvenient neither is she tied still to retaine Archiepiscopall Episcopall and Archidiaconall gouerment though for a long season the same haue bene vsed For that in deed might well and iustlie be said to be too great a bridle of christian libertie when by necessitie there is cast vpon the Church such a perpetuall regiment of prelacie as may not be remooued Wherefore if our continued prelaticall discipline whereby the libertie of the church is taken away by publike authoritie of the King and States might be discontinued and libertie graunted to the Church to vse the Apostolical discipline either our Admonitorie Protestantes must yeelde stoup and obey or else be found to be a wayward a contentious and a from●ple generation And if these two former kinds of our people which the land beeing deuided into fiue partes make three at the least shall euery way be supporters of vnitie and conformitie to the Gospell and no way disturbers of the peace libertie and tranquilitie of the Church what ouerthrow or what damage may the Gospell sustaine by the other parts Yea though they should vnite linke and confederate themselues in one For are they not weaker in power poorer in purse of farre lesse reputation then the former And yet neuertheles these partes are at such deadlie feude one against the other and at such an irreconciliable enimitie betweene them selues that the case standeth now betweene them as sometimes it stood betwene Caesar and Pompey not whether of them should reigne but whether of them should liue And how then can these parts thus diuided possiblie agree together against the other partes so surelie combined Besides the first sort of these two sorts Puritane Protestants can neuer othrowe the Gospell whom it pleaseth our Protestantes the Admonishers for difference sake to dubb with the Knights Hood of Precisians or precise and puritane Protestants Why They are the onelie and principall spokes-men and petitioners for the Apostolicall Discipline required to bee planted Nay these men out of the holy Scriptures so resolutelie are perswaded of the trueth of God conteyned therein as without which they know perfectlie that the doctrine of the Gospel can neuer powerfullie florish or be enterteyned with so high a maiestie in the hearts of men as it ought to be And as The Gospel hath ouerthrown the papist therfore he can neuer ouerthrowe the Gospell for the other sort the Papistes I meane alas that poore ratt what ouerthrow can he worke to the Gospel whose bane the Gospell hath wrought so long since Alas this faynt goast is so farre spent his disease growne so desperate his sickenesse now at such an hay-now-hay as al the phisicke of all the Phisitions in the world cā not recouer his health or once take away his hed-ach This silly snake then hauing hissed out all his sting spit out all his venime vngorged him self of all his poyson how can his skin or how should his tayle anoy the Gospel If therefore it might please the Admonishers vpon a reuew 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 rancke by rancke troupe by troupe and deliuering vnto the King a muster roule of all the names qualities conditions of the principal popish recusants within the Realme for none but such onely can be suspected openly to bande them selues against the Gospell it is not to be doubted but the least part of all the other foure partes would bee as great in number as these And what thē should the King and state feare the multitudes of recusantes when one standing on the Kings side should be able to withstand tenne and tenne an hundreth and an hūdreth a thousand and a thousand tenne thousand papistes King Asa crying vnto the Lord his God that it was nothing with him to helpe with many or with no power and resting vpon the 2 Cron. 14. Lord ouercame tenne hundreth thousand and three hūdreth chariots of the Ethiopians and Labimes For the eyes of the Lord behold all the earth to shew him selfe strong with them that are of a perfect heart toward him And when King Ioash remembred not the kindnes which Iehoiada the Priest had done vnto 2 Chro 24. him but slew Zechariah his sonne the Lord deliuered the King a verie great armie into the hands of a small companie of the host of the King of Aram who gaue sentēce against the King slew all the Princes of Iudah frō among the people and caried the spoyle of them vnto Damascus And thus much concerning the Admonitors proposition viz Whatsoeuer will draw with it many and great alterations of the state of gouernment and of the lawes the same may bring rather the ouerthrow of the Gospell then the end that is desired All which speach of his I affirme to be but a vaine and trifling ridle as the vvhole strenght whereof resteth onely vppon a may bee Wherevnto if I should onelie haue spokē thus and no more viz that manie and great alterations c. might rather not bring an ouerthrow of the Gospell c. I suppose and that vpon good ground that such may might not be might euerie way be as forcible to disproue the one as his may be
did neuer yet stande by the authoritie of the three Estates I will take his meaning to be that the statute lawes of England to this day haue stood by authority of the three Estates which to alter nowe by leaving out the one c. and then therevnto I aunswere that not any one of the three The bringing in of the discipline by pastours and elders is not the leauing out of Parleament any one of of the three Estates Estates should be left out or barred frō having authoritie in making and promulging statute lawes though the goverment of the Church by Pastors and Elders were brought in For we which so much cry as he saith for this maner of gouerment to be planted are so farr from exempting or excluding any one of the three Estates from their auncient power priviledge and preheminence in the making of statute lawes as that we pronounce him to bee guilty of high treason to the King and to the Realme that avoweth the contrary And we affirme directly and confesse plainly that it belongeth onely wholy and altogether to the three Estates as well to roote out and to pull vp whatsoever goverment is not iustifiable by the holy law of God as also to plant to setle whatsoever discipline is warrantable by the same law And to speake as the thing is how were it possible to haue the discipline by Pastors Elders planted by authoritie of the three Estates if one of the three Estates should be left out Or can it be imagined that any one of the three Estates would euer consent to the bringing in of such a governement of the Church as whereby the same goverment being once brought in the same estate should ever afterwards cease to be any more an estate Besides we acknowledge that all powers are of God therfore euery one of the three Estates being a power wee graunt that the same hath his stateship by the authoritie of God And if all the three Estates be lawfull by the holie law of God how can it be verified against vs that we which vrge the same holy law for the bringing in of the discipline by Pastors and Elders should notwithstanding contrary to the same law intend the leaving out or altering of any one of the three Estates But which of the three Estates was it that he ment should be left out I trow there The state of the Prelacie is not one of the three estates in Parleament is none of the state of Prelacie so ill advised as to take vpon him the proofe of this position viz. That the Lords spirituall by them selves alone doe make one of the three Estates or that the statutes of England to this day haue stood by their authorities as by the authoritie of those who alone by themselves are to be accompted one of the three Estates For if that were so how much more thē might the great Peres Nobles and temporall Lords chalenge to make by them selves an other estate And without contradiction to this day the Commons summoned by the Kings writ haue ever bene reckoned a third Estate Now then if statutes haue hitherto stood by authoritie of the Lords spiritual as of the first Estate by authoritie of the Lordes temporall as of the second Estate by authoritie of the Commons as of the third Estate I would gladly be resolved what accoumpt the Admonitor made of the Kings Estate It had not bene liegnes nor loyaltie I am sure howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes to haue set her Royall person authoritie and State behind the lobby at the Parliament doore Either the Kinges Royall person then as not comprised within the compasse and circumscription of the three Estates by his meaninge which had bene but a very bad meaning must be thought to haue bene hitherto secluded from authorizing the statute lawes made in Parliament Or it is a most cleare case that the Lords spiritual them selves alone do not make any one of the three Estates And what matter then of more weight may it happelie seeme to be to alter the authoritie of the Lords spirituall and to leaue them out of the Parliament when as notwithstanding they being left out the statutes of England may remaine continue by authoritie of the three Estates And it were not amisse for the Lords spirituall to consider that the bodie and state of the weale publike both now is and euer hath bene a perfect entire and complete body and State without the body and state of Prelacie And that the King the Nobles Commons of the Realme without Prelates Bishops or Clerckes do make vp all the members and parts of this body and of this state and may therefore ordaine promulge and execute all maner of lawes without any consent approbation or authoritie yeelded vnto the same Anno 36 H 8. fo 58. b. Anno 〈◊〉 j. fo 93. 2 by the Bishops spirituall or any of the Clergie And thus much our Divines Histories Lawes do iustifie Sir Iames Dier Lord chiefe Iustice of the cōmon pleas in his reportes telleth vs that the state and body of a Parliament in England consisteth first of the Kinge as of the head and chief part of the body secondlie of the Lordes as principall members and lastlie of the Commons as inferiour members of that bodie By a Statute of provisoes it appeareth 25. Ed. 3. holy church founded in the state of Prelacie by the King That the holy Church of England was founded into the state of Prelacie within the realme of England by the grandfather of King Edward the third and his progenitours and the Earles Barons and other Nobles of the Realme and their Auncestors for them to enforme the people of the law of God These vses are changed to the keeping of great horses great troupes of idlers with long hayre and great chaines of golde to make Hospitalities and almes and other workes of Charitie in the places where the churches were foūded From whence it followeth First that the Archbishoppes Bishoppes onelie alone doe not make of themselues any state of Prelacie but that the whole holy church of England was founded into a state of Prelacie Secondlie it is playne that the 6. Eliz. c. ● Kings of England before they and the Earles Barons and other Nobles and great men had founded the holy church of Englande into a State of Prelacie ought and were bounden by the accord The Kinge boūd to doe lawes made without assent of Prelates to bee kept as laws of the realm of their people in their Parleaments to reforme and correct whatsoeuer was offensive to the lawes and rightes of the Crowne and to make remedy and lawe in avoyding the mischieves damages oppression and greevances of their people yea and that the Kings were bound by their oathes to doe the same lawes so made to be kept as lawes of the
An Assertion For true and Christian Church-Policie Wherein certaine politike obiections made against the planting of Pastours and Elders in every Con gregation are sufficientlie aunswered And wherein also sundrie projectes are set downe how the Discipline by Pastors Elders may be planted without any derogation to the Kings Royal prerogatiue any indignitie to the three Estates in Parleament or any greater alteration of the laudable Lawes Statutes or Customes of the Realme then may well be made without damage to the people 1604. An assertion for true Christian Church-Policie Wherein certeine politike obiections made against the plāting of Pastors and Elders in every Congregation are sufficientlie answered And wherein also sundrie proiectes are set downe howe the Discipline by Pastours and Elders may be planted without any derogation to the Kings Royall prerogative c. Admonition THe reason that moueth vs not to like of this platforme of Pag. 77. gouerment is that when we on the one part consider the things that are required to be redressed on the other the state of our countrey people and common weale we see euidently that to plant those things in this Church will draw with it so many and so great alterations of the state of gouerment and of the lawes as the attēpting therof might bring rather the ouerthrow of the Gospell among vs then the end that is desired Assertion The benefit of all exceptions and advantages to the invalidity vncertainty imperfections infufficiēcy of this admonitory bill matters therein conteyned alwayes saued for aunswere to so much as concerneth this clause euerie other clause and article of the bill hereafter following and without that that there is any matter or thing in the same bill or admonition materiall to be aunswered vnto and not herein or hereby sufficiently answered confessed avoyded traversed deemed is true in such manner and forme as in the same is set forth and declared the defendant is ready to aver maintayne and proue his aunswere as shall please the King to award and to commaund And therefore hee most humbly beseecheth the King if it please the King that he haue found favour in his sight that his exceptions may be admitted and reade and that his counsel learned in the law may be heard and suffered to speake This platforme of gouerment intended Booke of com pray tit commination Homil. 2. part of the right vse of the Church Admo pag. whitgift pag. 654. M. Nowell in his cathe M. Calvin M. Iunius looke Petic to her excellent Maie pag. 11. by the admonitor not to bee liked of in this place is that platforme of Church gouernement by Pastours and Elders which the booke of common Prayer the doctrine of the Church of Englande doe highlie commande and which he him self Mr. D. Whitgift now Lord Archbishop of Canturbury verie manie other c reuerend Diuines of our age doe publickely confesse in their writings to haue bene practised by the Apostles and primitiue Church From whence it followeth that the gouerment of the church by Archbishops Bishops Suffraganes Archdeacons Deacons Chancelours Commissaries and Officialls now already planted and liked of was not practised by the Apostles and primitiue Church And therefore for my part I can not but marueile that a disciple of the Apostles doctrine and a successor in the Apostles Chayre should bee drawne by humane reasons not to like of the Apostles gouerment nor to tread in the steps of the primitiue church For seeing the same is acknowledged by himselfe to bee the first way to be the old and ancient way as being the Apostles way why should wee not Iere. 6. 16. walke therein as in the onelie good and perfect way The reuerend Bishops will not deny that the Apostles and primitiue Church for their manner of gouerment had the mind of Christ and that we should follow the Apostles as hauing them for examples because they were the followers of Christ Againe they can not but graunt that the manner of gouerment practised by the Apostles primitiue church is written within the booke of the couenants of grace All which notwithstanding wee see in this place that from the new Testamēt from the articles of grace from the law from the testimony from the example of the Apostles and from the mind of Christ we are addressed and turned ouer to our state of gouerment to our countrey to our people to our common weale and to our lawes But this turning of deuises shall it not be esteemed as the potters Isaiah 29 16. clay But saith he to plant those things in this church which are required to bee redressed might bring rather the ouerthrow of the Gospell then the end that is desired Indeed say I if this might be as soone proued as it was soone said the case might haue gone well with him But this parable is so darke that vnlesse it be opened there is no light at all to be seene in it For hee well knew that in steed of the gouerment practised by the Apostles and primitiue church the iurisdiction of Archbishops Bishops Suffraganes Deacons Archdeacons Chancelours Commissaries and Officials is already planted in this church And he was not ignorant also that the same iurisdiction onely and none other is required to be redressed Now then if request be made that this manner of gouerment bee redressed how can it euidently be seene that to plant that maner of gouerment might bring rather the ouerthrowe of the Gospell then the end that is desired But it may be that hee ment more lightsomely then he spake Yea let it be that he intended thus viz. to vnplant that which is now planted and to plant those things which are yet vnplanted by reason of many and great alterations might bring rather an ouerthrow of the Gospell then the end that is desired well I say be it so that he thus ment How is this thing euidently seene or how can it euidently be proued The best sight that the seruant of Christ can haue is faith For Faith is an euidence of thinges which are not seene Heb. 11. This ouerthrow then of the Gospell not being seene with his bodily eyes must needes be intended to haue bene seene with the eyes of his faith But where is that word of Christ wherevpon the eyes of his faith were fixed If then hee hold no word of faith then of necessitie was his euident sight but an euident fancie And in deed what else could it be For what other thing is there desired to bee planted in this church but onely the Apostolicall gouernement of Christ And what other Gospell could hee euidently see that might bee ouerthrowne by holding foorth this scepter but onlie the Apostolicall doctrine of Christ A merveylous strange and vnkind sight I trow to be seene that the Apostolicall gouerment could no sooner be planted but that the Apostolicall doctrine must needs be rooted vp That Christ by his owne scepter were not
able to maintaine his own grace by his own order should weaken his owne oath or by his owne sword should cut from the people of God his owne word But seeing it was his purpose to perswade the people vnto a dislike of the Apostolicall gouerment by arguments and reasons drawen from humane policie rather then to confirme them in a good opinion of the prelaticall gouerment by proofes taken from the authoritie of holy Scripture we will follow him in this his veine Yea and by the helpe of God we will trie of what efficacie such his politicke and humane reasons may be as wherewith he did assaye to disswade the people frō consenting vnto any other maner of Church gouermēt then is already setled among vs. The generall effect of all which both here and els where spoken of by him brieflie gathered is this Such things may not bee planted in the Church of England as by attempting the planting wherrof there is an euident sight that the Gospell among vs may be ouerthrowne But there is an euident sight that the Gospell amōg vs may be ouerthrown by attempting to plant that gouermēt in the church of Englād which was practised by the Apostles primitiue Church therefore that maner of gouerment may not bee planted The assumption of which sillogisme hee endevoureth to confirme thus whatsoeuer will draw with it many and great alterations of the state of gouerment and of the lawes the same may bring rather the ouerthrow of the Gospell then the end that is desired but the planting of the gouerment practised by the Apostles and primitiue church will draw with it many and great alterations of the state of gouerment and of the lawes Therefore the planting of this maner of gouerment may rather bring an ouerthrow of the Gospell c. If any shall obiect that by thus gathering his argumēt I had in this place falsified his argument by adding more then is here expresly vttered by him let such one vnderstand that this charge is but a meere and needlesse cauill For sithence both here and throughout his booke his intent was to dispute for the gouerment already receiued against the gouerment which is required to be planted in the Church And for so much also as none other gouerment is required to bee planted but that onely gouerment which was practised by the Apostles and primitiue Church it must necessarilie follow that the arrowes which hee shott against the gouerment required to be planted were shott onely against the gouerment which was practised by the Apostles and primitiue Church And therefore there can bee no iust charge of any falsification vsed in the gathering of his arguments Against which I argue as followeth Whatsoeuer will draw with it no alterations of the state of gouerment but few or small alterations of the lawes the same may rather bring the end that is desired viz a godlie peace and Christian vnitie both in Church and common weale then the ouerthrow of the Gospell among vs. But the planting of the gouermēt practised by the Apostles and primitiue Church will draw with it no alteration of the state of gouerment and but few or small alterations of the lawes Therefore the planting of the gouerment practised by the Apostles primitiue Church may rather bring the end that is desired viz a godlie peace and christian vnitie both in church and common weale then the overthrow of the Gospell among vs. The trueth of which argument will thē appeare when the Admonitors argument shal be conuinced of errour for the disproofe of the one is the proofe of the other and if his fall then can not this but follow And touching the invalidity of the first proposition of his second sillogisme we affirme that the alterations of the state of gouerment of the lawes bee they neuer so many and neuer so great can neuer bring any ouerthrowe of the Gospell if the same alterations be made for the planting of the Gospell For the lawes once altered can ouerthrow naught because they are then no more lawes And to say that the Gospell once planted by authority of new lawes cā be ouerthrowne by the same lawes is more absurd For the new lawes giue life to the enterteyning of the Gospell by meanes whereof the Gospell can not discontinue so long as those lawes continue And herevpō also it followeth that no alteration of laws for sweeping clensing of the Church for casting and whippyng buiers and sellers and choppers of churches out of the Church can ouerthrow the Gospell For if all drosse filth and corruption be cast out if all lets and impediments be done a way it can not be but that the Gospell must needs haue a freer larger passage as wherunto a wider doore can not be but opened for the bringing in of a more plentiful haruest And if the Church bee beautifull as Tyrsa and comely as Ierusalem if she Solo. Song 6. 3. 4. looke as the morning If she be faire as the Moone pure as the Sunne and terrible as an army then is she set as a seale on the Lords heart and as a signet vpon his arme and then shall the coles of his ●elouzie be as fiery coles and as a vehement flame that much water shal neuer quench it nor any floods euer drowne ●t But if he should rather meane that ●he alterations of the state of gouernement would be so many and so great as that therevpon he did strongly imagine ●uidentlie to see the ouerthrow of the Gospell then we say that no state of gouerment can euer vndergoe either manie or few either small or great alterations vnlesse by alteratiō of lawes made by the same state of gouermēt the same 〈◊〉 of gouerment bee altered Now 〈◊〉 if our politicke state of gouerment whereof he must needes speake for otherwise his speech were to no purpose to amend and reforme abuses in it selfe may iustly put it selfe vnder the yoke of a new law as it hath done and daylie doeth vnto many newe lawes and so in this respect after a sort in some part alter it self for euery reformatiō is a kind of alteration without any domage hazard or preiudice to it self if I say this may well be so what a silly skarr crow is there here brought into the field to fray our politick state of gouuerment from attempting a reformation in the Church Belike he knew some to faine that our state of gouermēt must necessarily fancy whatsoeuer they fancy And namely that a reformation of the Church can not but infer a desolation of the State or that the State can not be well ordered except it suffer the Church to bee disordered or that the Church could not be fayre well fauoured and in good plight but the state of our coūtry people and common weale must be foule ill fauoured and out of heart or lastly that the State can not launce bind draw heale vp the sores woūds contagions of the church but
can any way be pregnant to proue the other And touching his assumption viz but the planting of the gouerment practised by the Apostles and primitiue Church will draw with it many great alterations of the state of gouerment of the lawes If in this place he vnderstood the state of Church gouerment and of the lawes Ecclesiasticall now in vse then is the proposition true And yet notwithstanding we avow the Gospell to be so farre from incurring any ouerthrow by such an alteration as thereby it is certayne that the same shal more more florish and be perpetuallie established by reason that this alteration should be made frō that which by long experience is knowne to be corrupt vnto that which is knowne by the holy Scriptures to be pure and sincere From a gouerment I say and lawes authorized by tradition and commandements of man alone to a policy lawes founded and descended by and from God him selfe But if the Admonitor by the assumption ment to enforme vs that the planting of the Apostolical gouerment will draw with it manie and great alterations of the temporall state of gouernment and of the temporall lawes statutes or customes of the kingdome then as before to his first so now also to his seconde I answere negatiuely and affirme that the The planting of the Apostolicall gouermēt will draw no alteratiō of the lawes of the realm with it planting of the said Apostolicall gouerment will not draw with it any least alteration of anie part of that temporall state of gouerment nor almost of anie one common statute or customarie law of the Land which may not rather bee altered thē reteyned For this platforme of gouerment we are able by the helpe of God to defend the same generallie for the most part to be most agreeable and correspondent to the nature qualitie disposition estate of our countrey people common weale and lawes as in our particular answeres to his particular reasons shall more at large appeare In all new and extraordinarie alterations it is not onely requisite to abolish al bad opinions out of the minds of those that know not the drift of the enterprisers but it is also necessarie that the defence of such alterations be made forcible against the opposition of all gaynesayers We will descend to the particulars ioyne issue with the Admonitor And vpon allegations exceptions witnesses and recordes to be made sworne examined and produced out of the holie Scriptures and lawes of the Land alreadie setled on the behalf of our cause before our Soveraigne Lord the King his Nobles and cōmons in Parleament we shall submit our selues and our cause to the Kings Royall and most Christian Iudgement In the meane time we 〈◊〉 that not onely the former clause of this admonitorie Bill but that al other clauses following in the same bill for the invaliditie insufficiencie indignitie and nullitie of them are to be throwne out and dismissed from the Kings Court especiallie for that the particulars opened by the Admonitor can not serue for any reasonable warning to induce the common people to relie themselues vpō his I am of opinion to the which wee plead at barr as followeth Admonition First saith he the whole State of Pag. 77. the Lawes of this Realme wil be altered For the Canon Law must be vtterlie taken away with all Offices to the same belonging which to supply with other lawes and functions without many inconveniences would bee verie hard the vse and studie of the civill law wil be vtterly overthrown Assertion When by a common acceptance and vse of speech these words whole state of the lawes of the Realme are vnderstood of the common and statute lawes of the Realme that is to say of the Kings temporall lawes and not of Canon or civill lawes it cannot followe that the whole state of the lawes of the Realme should Canon and civil laws no part of the laws of the Realme but only by sufferance be altered though the Canon and civill lawes with all Offices to the same belonging should be vtterly taken away be wholy overthrowne For no more could the Admonitor prove the canon or civill law at any time heretofore to haue bin any part of the lawes of this Realm otherwise then onlie by c 2. 25. H 8. C 21. in the preamble sufferance of our Kings acceptance long vse and custome of our people then can any man proue a parsly-bed a rosemary-twigge or an ivie-branch to be any part of the scite of the Castle of Farnham And therefore he might aswell haue concluded thus the whole scite of the Castle of Farnham wil bee transposed for the Boxetrees the heythorn arboures and the quicke set hedges planted within the Castle-garden must be removed cast away which were but a proof proouelesse and a reason reasonlesse If then by the abrogation of the canon or civill law scarce any one part of the lawes of this Realme should bee changed what reason haue we to thinke that the whole state of the lawes of the Realme must be altered Besides to conclude the whole by an argument drawen ab enumeratione partium and yet not to number the tenth part of such parts as were to bee numbred is I am sure neither good logike nor good law Moreover if all the canon-law I meane all the papall and forraigne canon law devised and ordeined at Rome or els where without the Realme and consequently all the Offices functions to the same belonging bee alreadie vtterlie taken away what hope of reward can Civilians expect from the vse of such things as are within the compasse of that law or of what efficacie is this argument to prove an alteration of anie part of the lawes of this Realme or that the studie of the Civill Law should be vtterly overthrowne For the whole state of the lawes properlie called the lawes of the Realme hath stood and continued many yeeres since the same Papal and canon law was abolished And as touching the Civilians for them to seeke after prefermentes by An imbasemēt for Civiliās to haue preferment by offices of the canon law offices and functions of the canon law is an embasement of their honorable profession especiallie since farre greater rewardes might verie easilie be provided for them if once they would put to their helping handes for the onely establishment and practise of the civil law in the principall causes now handled by them in the Courtes called Ecclesiasticall The canon law be abolished out of the Realme ought not to be vsed But how may it be proved that the Papall and forreign canon law is alreadie taken away and ought not to be vsed in England For my part I heartilie wish that some learned men in the common law would vouchsafe to shew vnto the King and Parleament their clere knowledge in this point In the meane season I shall not be negligent to gather set downe what in mine
they being all fast knit and bound togither vnto the Kings authoritie by a coard of 24 threads might easilie be broken but being severed and pluct a sunder into 24. Bishops can make no lawe without leaue And yet everie Bb doeth make many lawes 24 partes one from the other the King with all his regall power might not be● able so much as to breake one of the least threedes wherewithall one of their cordes was twisted If the Lorde Maior the Sheriffes Aldermen and whole communaltie of the Citie of London should promise vnto the King vpō their fidelities not to set anie price vpō Wines or other victualles by their common Councell within the said Citie vnlesse the King vnder his privie signett should first authorize thē so to doe were it not a meere collusion of the Kings meaning if everie particular Aldermā should sett prices of such things in every particular Ward But against the collection made from the Statutes 1. 8. Eliza the iudgement of the diuinies aforesaid the A collection made against the former reason by an Apologie for sundry proced by iurisdi Eccl. pag. 5. author of an Apologie to his vnderstanding reckoneth the same collection to be a very simple collection against the same hee answereth and reasoneth in effect thus If as is collected all power spirituall by a commission vnder the great Seale must be derived from the Queene to warrant the execution of it vnto him that is to exercise it then must the like warrant bee procured for euery temporall office to execute his temporall office But euery temporall officer must not procure like warrant to execute his temporall office Therefore a commission vnder the great Seale must not be procured to warrant the execution of the said spirituall power The consequence of his maior proposition being false he laboureth notwithstanding to make the same good and in effect for the same argueth thus All temporall authoritie as absolutly and as really is revested in the person of the Queene as is the said spirituall authoritie Therfore as all spirituall officers for the execution of the said spirituall power must haue their authoritie derived vnto thē from the person of the Queen vnder the great Seale so likewise must all temporall officers for the execution of their temporal offices haue the like commission The consequence of which enthimeme followeth not though the antecedent be true For although as well all tēporall as all the said spiritual authoritie improperlie so called was reallie absolutelie in the person of the Queene yet herevpon it followeth not that by one and the selfe same meanes alone and namelie by a cōmission vnder the great Seale all temporall and the said spirituall power in euerie part and braunch thereof should be drawen alike frō the Queenes person For there be divers and sundrie meanes to derive temporall authoritie whereas there seemeth to be but one onely meanes to derive the said spirituall authoritie and then marke the substance of the Authors argument Some temporall Officers as Stewards of Leetes Constables sundry other Officers must not drawe their temporall authoritie from the Queene by a commission vnder the great Seale Therefore no spirituall officers as Archbishops Bb Archdeacons and s●de vacante Deanes and Chapiters must drawe any of their spirituall authoritie from the Queene by a commission c. Which argument drawen from a particular affirmatiue vnto a general negatiue what weaknes it hath euery yong Logician can discerne And as for Stewardes af Leetes though they haue no Though all temporal officers drawe not their power from the Kinge by the great Seale yet by one meanes or other wtdrawe it frō the King commission vnder the great Seale yet for the executiō fo their Stewarships they haue a cōmission vnder the Seale of the Exchequer Constables Decennary or Tythingmen and Thirdboroughes haue their authorities derived vnto the from the Kings person by the verie originall institution of their offices Sherifs of Countries Coroners Escheators and Verderors haue their offices and their ●uthorities warranted vnto them by the Kings writts out of the Chancerie But 〈◊〉 was not the mind of the Law-makers saith the Author that the Ordinaries by a commission vnder the great Seale should draw their saide spirituall power from the Queene What the mindes of the Law-makers were touching this poinct it mattereth litle or nothing at all Neither is it to purpose whether a commission vnder the great Seale bee necessarily required or not required by vertue of that statut 1. Eliz. c. 1. to warrant the said spirituall power vnto Ordinaries Only it sufficeth that the Queen having all power improperly called spirituall invested in her Royall person being really actually seysed of all the said supreme spirituall authoritie could not haue any parte of the same spirituall power drawn from her but by some one lawfull and ordinarie meanes or other For if this rule be true in euerie cōmon person quod meum est sine mea voluntate à me auferri non potest how much more doth the same rule holde in the Royall prerogatiues rightes privileges dignities and supremities of a King Wherefore to saie that all supreme and ordinarie power improperly called spirituall was really and actually inherers in the Royall person of the Queene and to say also that some of the same inferior and ordinarie power not derived frō the Queen was neuerthelesse in the persons of inferior ordinaries is as much to say that some braunches of a tree may receyue nourishment from ells-where then from the roote that some mēbers of the bodie are not guided by the head and that some streames flow nor from their fountaines And now to cōclude this part against the canon law their Offices and functions thereof I dispute thus The forreigne and papall canon lawe with all the accessories dependances Offices and functions thereof is vtterlie abolited out of the Realme Therefore the same lawe is no part of the lawes of the Realme and therefore also it is evident that there will not followe any alteration of the lawes of the Realme by the taking of it away Which canon law also with other lawes functions how easely the same without any inconveniences may bee supplied shall God willing be presentlie made apparant if first we shall aunswere to that challenge which the state of Prelacie may seeme to make for the continuance of their Lordly primacie Chalenge for Lordly primacy out of the great Charter an●vered out of the wordes of the great Charter Concerning which challenge namelie that by the great Charter Lordly Archiepiscopal and Episcopall primacie or iurisdiction belonging to the state of Prelacie is belonging vnto them I demand vnto what Church this great Charter was graunted And whether it were not graunted vnto the Church of God in England The words of the Charter are these Concessimus Deo hac presenti Charta nostra confirmavimus pro nobis Mag. Charta c. 1.
so to of the Church by Prelacie to be Monarchicall because the Queene was a Monarch and that the reverend Bishop governed vnder a Monarch then what did hee els but put a weapon into the handes of Pastors and Elders to prove their governement also to be Princelie and Monarchicall Because Pastors Elders desire not to haue that maner of governement to bee brought into the Church otherwise then by the Royall assent Souveraigne authoritie and expresse commandement of our most gratious King and Monarch Besids if any governement may be therefore saide to be a Monarchie because the same is derived from an earthly Monarch howe much more then may the governement of the Churches by Pastors and Elders be adiudged Monarchical by reason the same is deduced from our heavenly and everlasting Monarch For the reverend Bb. by their publike preachings apologeticall Ma. Horne Bishoppe of Winch. Ma. Iewell Bishop of Sali Mai. Bilson Bishoppe of Winch. writings testifie that power authoritie to ordeine and depose Ministers to excommunicate and to absolue to devise and to establishe rites and ceremonies in the church to define what is trueth to pronounce what is falsehood to determine what is schisme and to cōdemne what is heresie our reverend Bb. I say confesse this power to bee originallie decided vnto the true Bishoppes and Pastours of the Church from the Kinglie and Soveraine power of our Saviour Christ By what name therefore soever the gouvernment 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 Monarchie because the same is instituted by the Monarch of Monarches who is able and readie to vphold the state of al Monarchies in common weales togither with the state of Aristocracie in his No cause for a Monarch to feare that his Christian subiectes should haue the sence of Aristocracie in Church goverment Church Neither is there any cause for anie Monarch in the world to feare the making of christian commō people by familiar experience to haue the sence feeling of the principles and reasons of Aristocracie For if a people haue once submitted their necks to the yoke of Christ they can liue a peaceable godly life vnder all kinds of powers because they knowe all kind of powers to be the ordenance of God But especially there is not neyther euer was neyther euer 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 easely transferre the principles and reasons of Aristocracie to the gouerment of the common weale and therevpon bee induced to thinke that they haue iniurie if they haue not as much to doe in civill matters as they haue in matters of the Church seeing they also touch their commoditie and benefit temporallie as the other doeth spirituallie And certes it seemeth that the Admonitor was drawen very drie of reason whē he was fayne to plucke this stake from the hedge to make a fire and to kindle the wrath of the Magistrate against the forme of discipline by Pastors and Elders For whether hee intendeth that the Pastors and Elders will thinke them selues to haue iniurie if they deale not in all causes of the commō weale as well as in all causes of their churches or whether he ment that the common people will easely transferre the government of the common weale from a Kingly Monarchie to a noble Aristocracie there is neither soothnes nor soundnes in his meaning For sithence Pastors disclaime to deale in civil matters the learned Ministers against the reuerend Bishopps by the holy rules of our faith mainteyne that it is not lawful for a Minister of the Gospell to exercise civill magistracy and that it is not lawfull for the man of God to bee intangled with the affaires of this life how is it probable that those Ministers will easely oppugne their owne knowledge by their owne cōtrary practise Or how is it probable that they would over-loade them selues with that burthen to ease the Church wherof they haue contentedly exposed thē selues into a number of reproches contempts bytings persecutions As for that other intendement of the Admonitors that it is greatlie to be feared that the commō people will easely transferre Monarchie vnto Democracie or Aristocracie if the principles and reason thereof by experience were made familiar in their minds this reason I say might seeme to carrie some shewe of affrighting a Monarch if the same were insinuated vnto a king whose people were neuer acquainted with the principles reasons of Democracie or Aristocracie but this feare being insinuated vnto our late Souveraigne Ladie the Queene whose people euer since the time they first begā to be a people haue had their witts long exercised with the The people of England haue their wits exercised with the sence of Democracie Aristocrarie sence and feeling of the reasons principles aswell of Democracie as also of Aristocracie what sence had the Admonitor to vrge this feare That in the Kingdome of Englande the common people haue alreadie the sence and feeling of the reasons principles of Democracie cannot be denied For in euerie cause almost aswell of criminall as ciuill iustice some few only excepted to be executed in the common weale by the common lawes of the Realm haue they not some hand and dealing in the same by one meanes or other Nay which is more haue they not the sence and feeling of the making and vnmaking their owne lawes in Parleament And is not their consultation in Parleament a mere Democraticall consultation As much also there is to bee avowed for the sence and feeling of the reasons and principles of Aristocracie to be alreadie in the minds of the Peres the Nobles the Iudges and other great men of the Realme For are not the Wisest the Noblest the Chiefest taken out of these by the King to bee of his Counsell and to be Iudges and Iusticers in his Courts Yea and is not their assembly also in Parleament a mere Aristocraticall assembly And what translation then is there greatly to be feared out of the Church to bee made into the common weale when the minds of all sorts of our common wealthes-men be already seasoned with the things which hee feareth And when the common weale is alreadie seysed of the principles and reasons which he would not haue familiarly known vnto it Wherefore that the King the Nobles and cōmons may no more be scarred with the strangenes of these vncouth and vnknowne greeke names of Democracie and Aristocracie writtē in his booke with great and capitall letters I haue thought it my duty by these presents to informe them that the govermēt of the church by Pastors and Elders nowe wanting amongst vs and desired to bee brought into the Church by the Souveraine authority of our King Nobles and commons in Parleament for the outward form