If no deceit on the part of the demaÌ„dant haue bene vsed but the thing it self hath in it deceit it is all the self same one case with the former For wheÌ„ so euer any man shal make a demand by vertue of that coÌ„tract in asmuch as he doth demaÌ„d it he doth it by deceit As for exaÌ„ple suppose I haue boght in good faith without collusion of you a peece of Plate for lesse then the one half of the iust value therof as suppose for 8. Pound which was worth 20. po afterwards I couenaÌ„t with you simply you promise to deliuer me the same plate in this case if I sue you for the deliuery of the plate you may vse an exception of guile against me because I deal deceitfully in demaÌ„ding the performance of a coÌ„tract which in it self coÌ„teineth iniquity For this coÌ„tract it self is against the equity of lawe prouiding that a man should not be so vnprouident in selling his goods as to sel theÌ„ vnder the one half of the iust value And therfore in this coÌ„tract being against law appeareth a manifest iniquity because the plate being worth 20. Pounds was solde by you for 8. Pound a lesse sum then 10. pound halfe of the iust price and therefore in it selfe by law without equitie and therefore neither to be demaunded by me neither to be performed by you And to make this more playne and so to apply it to my purpose bona fides good Fayth in this contract ought to be in this sort You for your part and I for my part and we both ought in trueth to think and bee of opinion that you haue interest right in the plate and so power to alienate and to sell it vnto me And therefore concerning the contract made betweene the Byshop and the party because the Byshop oftentimes knoweth the partie that is to be made a minister by him to be a man altogether vnlearned vnfit and vnapt to execute his ministerie duely and therefore cannot thinke him to be a man quallified as were requisite And because the partie that is to be made a minister knoweth himselfe vtterly voide of those graces and gyftes which ought to be in him and therefore cannot beleeue him selfe to bee truely called or mooued to that office by the holy ghost And because they both know that there hath bene no such calling no such tryall no such examination no such presentation c. As by the forme and order of the booke shoulde be I say therefore that good fayth wanting on both partes this contract made coulourably betweene them is meerely voyde and the one not bounde by lawe to the other to the perfourmance of the same therfore much lesse the common wealth or the Church of Christ to tollerate their conspiracie or to bear with their collusioÌ„ ff de Liber causa l. si pariter Extrauag de regni iure c. non est Extrauag co Non debet alterius collusione aut inertia alterius ius corruÌ„pi No maÌ„s right oght to be impayred by collusion or slouth of another Fraus dolus nemini patrocinari debet deceit guyle ought not to patronage any And therefore sithence Non est obligatorium contra bonos more 's iuramentum An othe made against good manners is not obligatorie and that Nemo potest ad impossibile obligari No man can be bound to a thing impossible and that Impossibilium nulla est obligatio of things impossible there is no band ff de reg in l. impossibilum Extra de reg nu in malis And that In malis promissis fidem non expedit obsernari It is not expedient that Fayth be kept in wicked promises I conclude that the impossibility or iniquitie of condicions to be perfourmed by him that is made a Minister make the contract betweene the Byshop and him meerely voide and of none effect in Lawe The impossibilitie of the contract made betweene the Bish â—nd the minister cause that the contract is voyde And that the Byshoppe according to the true intent and meaning of the Lawes whereof he hath the execution ought to cite and Ex officio to proceede and obiecte agaynst him in this sort You A. B. Parson of C. about twentie foure yeeres passed at what time I had appoynted a solemne day for making of Deacons and Ministers had called by my Mandat men meete to serue the Lorde in his holy seruices to teach his people and to be examples to his flocke in honest life and godly conuersation came before me making a great bragge and fayre shewe of zeale and conscience and of your knowledge in the holy Scriptures and that you woulde instruct them faythfully and exhort them diligently in the doctrine of Saluation by Christ in holinesse of life that you would exercise his Discipline according to his commaundement and that you woulde bee a peacemaker And all these thinges you faythfully promised and tooke vpon you to performe ioyning your selfe openly to the Lordes people in prayer with a solemne vowe Nowe so it is as I vnderstand by your demeanor euer since that in trueth you had no other ende but to steale a liuing from the Church though it were with the murther of many soules You dishonored the Lorde you made an open lye in his holy Congregation you circumuented mee by guyle and by crafte deluded me you haue euer since falsifyed your worde You haue not preached one Sermon these many yeeres you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone you haue not gouerned your familie as became one of your coate you haue not exercised the Discipline of Christ against any adulterer any swearer any drunkarde anye breaker of the Lordes Sabbothes you haue beene and are a quarreller among your neyghbours you cite them to my consistorie for toyes and tryfles and so abuse my iudgement seate you are an example of euill and not of goodnes vnto your flocke you ment no good faith at the firste you wittingly tooke vpon you a charge which in your owne conscience you knewe was impossible for you to discharge you prophaned the Lords most sacred name in praying hypocritically before him you haue not since repented you of these iniquities but haue continued obstinate in the same and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part mooned by a good conscience and for the same my conscience sake to discharge my duetie to the Lorde haue summoned you publikely lawfully and rightly to disposse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neyther ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you playne that herein I will both saye and doe that thing which the noble and wise Emperour sometimes both sayd and did in a
licēce of the Bi. vnder his Seal though hir Maiest most excellent name be vsed by the publishers of the saide aduertisemēts for confirmation of thē that they affirme hir M. to haue cōmanded them therevnto by hir highnes Letters yet because the book it selfe cōmeth forth without hir M. priuiledge is not printed by hir M. printer nor any in his name therfore it carrieth no such credit and authority with it as whervnto hir M. subiects ar necessarily bound to subscribe hauing other laws other Iniunctiōs vnder hir M. name authorized by hir M. priuiledge cōtrary to the same For hir M. by hir Iniunctions cōmādeth euery minister to preach within his own cure without licence as before you haue hard But let vs go forwarde It hath bin shewed before that euery one to be made a Deacon or a minister ought to be called tried examined known to haue such qualites as were requisite that mentiō also hath bin made of the face of a church of the latine tong of many other circūstances necessary to that actiō al which things set down rather generally thē particularly described require a larger discourse Panormitan the Doctors vpon the ciuile and Canonicall law haue these conclusions Ex. n. ca. dictus de consuetu nu 2◠Statuta debent interpretari secundum 〈◊〉 commune siuè debent interpretationem recipere à iure communi statuti verba dubia debent interpretari vt minus ledat ius commune quà m sit possibile Statutes ought to be interpreted according to common law or statutes ought to receiue their interpretation from common law and doubtfull wordes of a statute ought to be so construed that they be as little preiudiciall to the common law as is possible Out of which conclusions I collect this rule Namely that where a statute shall establish an office practized and had in vse before the making of the statute and shal require a calling a triall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kinde of calling of tryall of examination and such qualities c. That then such maner of calling of tryall of examination such qualities are requyred by that statute to be in such an officer as by common right were requisite for such an officer before the making of that statute And because by the viewe of the former order it selfe it is very apparant that the same forme and order was appoynted by men very desirous to promote as much as in them lay the honour and glory of God and to abolish all superstitions and trumperies brought into his Church Therefore because I ought by dutie to conceiue their meaning to the best and most agreeable to their profession I say that they ment herein onely such calling such triall such examination and such qualities as are requisite to be in a Deacon and in a minister by the lawe of God Which is euident both by the order of prayer vsed at the time of their orderinges and also by the scripture read for that purpose The prayer followeth Almighty God which by thy diuine prouidence hast appoynted diuers orders of ministers in the Church and diddest inspire thine holye Apostles to choose vnto this order of Deacons the first martyr S. Steuen with other mercifully beholde these thy seruauntes nowe called to the like office and administration replenish them so with the trueth of thy doctrine and innocencie of life that both by worde and good example they may faythfully serue thee in this office to the glorie of thy Name and profite of the Congregation thorowe the merits of our Sauiour Iesus Christ who liueth and raigneth with thee and the holy Ghost now and euer Amen After this prayer followeth the Epistle out of Timothie Likewise must the Ministers be honest not double tonged not giuen to much wine neyther greedie of filthie lucre but holding the Misterie of the fayth with a true conscience And let them first be prooued and let them Minister so that no man bee able to reprooue them Euen so must their wiues be honest not euil spekers but sober and faithfull in all things Let the deacons be the husbands of one wife and such as rule their children well and their owne houshouldes For they that minister well get them selues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the 6. of the Acts. Then the twelue called the multitude of the Disciples together and sayde It is not meete that wee shoulde leaue the worde of GOD and serue tables wherefore brethren looke yee out among you seuen men of honest report and full of the holy Ghoste and wisedome to whome wee may commit this businesse but wee will giue our selues to continuall prayer and to the administration of the worde And that saying pleased the whole multitude and they chose Steuen a man full of fayth and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas Nicolas a conuert of Antioch These they set before the Apostles and when they had prayed they laide their hands on them c. The Communion ended shall be saide this Collect Fol. 1. pag. 8. ALmightie God giuer of all good thinges which of thy great goodnesse hast vouched safe to accept and take these thy seruauntes vnto the office of DEACONS make them wee beseeche thee O Lorde to bee modest humble and constaunt in their Mynistration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the Testimonye of a good Conscience and continuing euer stable and strong in thy Sonne Christe may so well vse themselues in this inferiour office that they may bee founde worthye to bee called to the Higher ministeryes in the church thorow the same thy sonne our Sauiour Christ to whome be glorie and honour world without end Amen The Epistle appointed at the time of ordering of ministers shal be read out of the twentie chapiter of the Acts. Fol. 8. pag. 1. From Mileto Paule sent messengers to Ephesus and called the elders of the congregation which when they were come to him he sayd vnto them Yee know that from the first daie that I came into Asia after what manner I haue bene with you at all seasons seruing the Lord withall humblenes of minde and with many teares and temptations which happened vnto mee by the layings awaite of the Iewes because I would keepe back nothing that was profitable vnto you but to shewe you and teache you openly thorowe euerye house witnessing both to the Iewes and Greekes the repentaunce that is towardes GOD and the fayth which is towarde our LORD Iesus And nowe beholde I goe bounde in the spirite vnto Ierusalem not knowing the thinges that shall come to mee there but that the holy Ghoste witnesseth in euerie Citie saying that bondes and trouble abide mee but none of these
thinges mooue me neyther is my life deare vnto my selfe that I might fulfill my course with ioye and the ministration of the worde which I haue receyued of the Lorde Iesue to testifie the Gospell of the Grace of GOD. And nowe beholde I am sure that hencefoorth you all thorowe whome I haue gone preaching the kingdome of GOD shall see my face no more Wherefore I take you to recorde this day that I am pure from the blood of all men For I haue spared no labour but haue shewed you all the counsell of GOD. Take heede therefore to your selues and to all the flocke among whome the holy Ghoste hath made you ouerseers to rule the congregation of God which he hath purchased with his blood c. Or else the thirde Chapiter of the first Epistle to Tymothie THis is a true saying If any man desire the office of a Byshop he desireth an honest worke A Byshop therfore must be blameles the husband of one wife diligent sober discreete a keeper of hospitalitie apt to teach not giuē to ouermuch wine no fighter not gredi of filthy lucre but courteous gētle abhorring fighting abhorring couetousnesse one that ruleth well his owne house one that hath children in subiection with all reuerence For if a man cannot rule his owne house howe shall hee care for the Congregation of God Hee may not bee a yong Scholler lest hee swell and fall into the iudgement of the euill speaker Hee must also haue a good report of them whiche are without least he fall into rebuke and snare of the euill speaker After this shal be read for the Gospell a piece of the last Chapiter of Matthewe Fol. 9. pag. 2. THen Iesus came and spake vnto them saying All power is giuen vnto mee in heauen and in earth Goe yee therefore and teach all nations Baptizing them in the Name of the Father and of the Sonne and of the holy Ghoste teachiug them to obserue all thinges whatsoeuer I haue commaunded you And loe I am with you alway euen vnto the ende of the worlde The prayer vsed by the Bisshoppe in the ordering of Ministers Fol. 11. pag. 1 ALmightie God giuer of all good thinges which by thy holy spirite hast appoynted dyuers orders of Ministers in the Churche mercifully beholde these thy seruauntes now called to the office of priesthood and replenish them so with the trueth of thy doctrine and innocencie of life that both by word and good example they may faythfully serue thee in this office to the glory of thy Name profit of the congregation thorow the merites of our sauiour Iesu Christ who lyueth and reygneth with thee and the holy Ghoste worlde without end Amen These prayers and these places of scripture appoynted by the whole consent of the Realme to be made read at the time of making Deacons ministers most strongly prooue that their intent and purpose was to haue such men placed in the office of Deacons and ministers as whom the holy scriptures hath commaunded should be placed as they pray might be placed But suppose that they being not so faithful to the lord as were expedient for them account not the Lordes wayes to be the best wayes his councels not to be the wisest counsels to interpret the meaning of the statute because they are such wayes as wherein the Lordes seruants applie them selues precisely to walke therfore ignominiously are termed Precisians Suppose this I say yea and suppose that they haue preferred their own inuentions and set the consultations of the grauest Senatours and wisest counsellours and chiefest rulers of the lande behinde their backes yet if reason might haue ruled them and their will might haue beene no lawe there was and is an other maner of calling of triall of examination other qualities an other face of the church an other Latine tongue by other positiue lawes required which as partly by sequell of their proceedinges and partly by their owne recordes appeareth was neuer or very seldome vsed by any of them The maner of calling ought to haue beene thus The maner of calling QVANDO EPISCOPVS c. When the Bishop is disposed to make an ordination all they which will come to the holy ministery the fourth day before the ordination are to be called to the Citie togeather with the Elders which ought to present thē And this kind of calling is a solemne publishing the bishops purposes either by some processe openly fixed vpon the doores of the Cathedrall Church or proclaymed Voce Preconis by the voyce of an Apparitor to make the Byshops intent knowen that happely such a day he will make Deacons or ministers and therefore citeth such to be present as will offer themselues meet men for that seruice Which maner of calling is briefly also commaunded by order and forme of the booke of ordayning ministers First when the day appoynted by the Bishop is come c. Fol. 2. p. 2. 27. Article And in the Articles of religion the selfe same is expressed It is not lawfull for any man to take vppon him the office of publike preaching or ministring the Sacramentes in the congregation before he be lawfully called and sent to execute the same In the title Articles for certaine orders in ecclesiasticall pollicie In the aduertisementes likewise you haue these wordes First against the day of giuing orders appoynted the bishop shall giue open monitions to all men to except against such as they know not to be worthy either for life or conuersation The maner of tryall followeth and ought to be after this sort The maner of tryall ET TVNC EPISCOPVS c. And then the bishop ought to choose him ministers and other men skilfull of the law of God exercised in Ecclesiasticall functions who first of all ought diligently to enquire out the life of them that are to be ordayned their kindred their Countrey their age their bringing vp the place where they were borne whether they be learned whether instructed in the lawe of God whether they firmely holde the catholike faith in plaine wordes can vtter the same and they to whom this charge is committed ought to take heed that they do not for fauour or for desire of reward decline from the truth to present any to the handes of the B. either vnworthily or not meet to take holy orders And therfore let them continually three dayes together be examined so on the sabboth in the which they are approoued let them be presented vnto the B. Constitu Otho Sacer. Out of the constitutions of Otho I haue before cited this decree following which may aptly be repeted againe to prooue the hauing of a scrutine to be necessary before the making of ministers as it was there to prooue what qualities were requisite in them Quare cum ninus periculosum sit c. Considering that it is a thing very perrillous to ordayne men vnworthy Idiotes illegitimate irreguler persons vnlearned
attende to reading to exhortation and to dwell in the same 2 But the minister taketh vpon him the office of teaching amongst the people of God 3 Therefore he ought to attende to reading to exhortation and to dwell in the same 1 He that hath taken vppon him the office of a teacher amongst the people of God ought to bestow his labour in preaching and in doctrine 2 But a minister hath taken vppon him the office of a teacher 3 Therefore he ought to bestow his labour in preaching and in doctrine Wherevnto agree diuers other decrees following THe reason why a Prior shoulde haue knowledge and be learned is for that the lawe chargeth him with cure of soules Ex. de statut Monacho c. cum ad Monasterium § prior PRIOR AVTEM c. Let the Prior in comparison of the rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and word of doctrine he may instruct his brethren in that which is good and draw them from euill hauing zeale of religion according vnto knowledge both to correct and chastise offendours and also to comfort and cherish the obedient Out of which constitution I conclude thus à similibus ad similia From like vnto like 1 Whosoeuer cherisheth and comforteth the obedient to the faith and correcteth or improoueth the disobediēt must be mighty in word deed 2 But euery minister ought to cherish and comfort the obedient to the faith and to correct and improoue the disobedient 3 Therefore euery minister ought to be mighty in word and deed ANd therefore sithens both in this and in the former constitution the law maker abused the worde of the Lord and applieth it to haue the people taught false religion I meane popishe religion for that was the intent of the decrees And seeing the Chaplaine of the deuil applieth the truth to establishe his diuilish doctrine and vnder colour of verity were so carefull to feed the soules of them that beare his markes with errour superstition and false religion popishe religion Seeing I say the superstitious lawmaker was so carefull for his superstitious time Our chieffe Prelates who haue not yet abandoned the pollicy of this traiterous lawmaker as perilous for the gouernment of the state of the Lordes houshold ouer whom they chalenge the gouernement but with tooth and naile mainteine this his pollicy to bee a pollicy meete for the Lordes seruaunts to be guided by what can they aunswere in the defence of their wilful disloyalty to the lord in this behalfe The law which the enemy vnto the Lorde did make in the time of popery for maintenance of popish procurations popish dispensations popish ceremonies popish non residentes popish excōmunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same lawes and the selfe same ordinances to serue their owne turnes they turne to the maintenance of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demanded I coniecture wold be this namely that a law appointed by the aduersary to abuses hauing good groūds may be applied to good vses that it is not executed now any more as the popish law but as the law apertainīg to hir highnes crown and regall dignitie being established by the high Court of Parliament Wherin touching the former they sayd somewhat if the matter did consist inter pares and that the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as parfect a lawe for the gouernement of his housholde by discipline as by doctrine And yet by their leaues why then should not this law of the enemy last specified nay rather now there owne lawe hauing better groundes and better reasons for the validity thereof then the lawes mentioned before concerning their prelacies and dignities c. Why I say should not this be as auaylable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lyes to dehort now from popery as it was then from the Gospel to instruct men now in the true knowledge of Christ as it was then to teach men the knowledge of Antichrist to correct offendours now against piety and holy religion as it was then to correct contemners of impietie and prophane religion to comfort and cherish the obedient now to the faith as it was thē to comfort cherish the disobediēt to infidelity Paganisme Touching the acts of Parliament sithence they chaleng by them immunity for the cōfirmation of their abuses it were requisite for them to giue the seruauntes of the Lord leaue a little to chalenge as great a priuiledge by the same for the stablishment of the right vse of things thorow their default yet amisse out of frame with vs. If the cause of the former in truth verity be as good as the cause of the latter in shew semblance onely yea if it be farre better for theirs in truth is starcke naught and the lawe authorize for the one in deede that that the same law in appearaunce onely approoueth for the other If for their fellow seruants sakes they will not be more fauourable vnto their Lord and masters cause yet were it expedient for them to be intreated to be more fauourable to the iustice and equity of their own lawes then continuallye by placing vnable men in the ministery therby as it were accusing the same of imperfection and in sufficiency as though it tollerated any such thing when as in truth it doth nothing lesse euermore speaking as followeth Extra Cum de priuilegiis c. inter cuncctas § verum quia VERVM QVIA c. But because after baptisme amongest other thinges the propounding of the worde of God is most necessary vnto saluation whereby the hearers hearing that which is our victory be instructed in the faith be taught to flee thinges to be auoyded and to followe thinges to be followed by which such as by sinne are fallen doe rise againe we haue great care that such brethren be promoted which by sweet oyle of the worde may comfort our subiectes may forbid them sinnes may nippe the woundes of their sinnes by reprehension and may prouoke and induce them to purge and wipe their offences with bitternesse of repentaunce Vnto the execution whereof the knowledge of the lawe of God is required the integritie of life and soule is to be had For it is written Thou hast refused knowledge and I will refuse thee that thou be no Priest vnto me because the lips of the Priestes keepe knowledge and they search the law at his mouth For otherwise he can not as his duety is discerne betweene sinne and sinne c. All which decrees of themselues are plaine and sufficient inough to impugne and ouerthrow all opinions whatsoeuer vainely conceiued against the prouision and validitie of law
Panor in c. fin §. is autem nu 5. de offic deleg SI PRINCEPS c. If the Prince commit a cause to any and commaunde him personally to execute the same if in this case consist publike commodity this his commissary can not substitute an other no not euen with consent of parties because where the Prince either couertly or expresly doth make choyce of the industrie of any one particular person there the partie so chosen can not surrogate an other For the Prince herein doth personally qualifie the man and giueth vnto him the forme of his commission De offic c. deleg l. 6. c. si cui c. fin extra de offi delegat An example of this may be thus De offic delegat li. 6. c. si cui ex de offic deleg c. vlt. Suppose that the treasurership in Paules were voyd and that hir highnes had commanded the B. of London to prouide a fit man for the same roome whether now the B. may commit this his charge to be perfourmed by an other then by him selfe or no And it is answered negatiuely because in the choyce of a fit person consisteth great danger therfore the B. beeing but an executor of hir Maiest pleasure he may not substitute any other But suppose that hir highnes had cōmanded the same B. of Londō to haue giuē the same prebend to Lucius Titius whether thē might the B. in this case subdelegat Archdeacon Sempronius And the answer is affirmatiue that he might for now her Maiest by hir selfe hath nominated the partie to be placed hath not chosen the B. industry for that purpose and therfore he may assign this prouision vnto an other But it is otherwise where the industry of a Person is chosen concerning one to be elected for then he may not set ouer that his office to any other Now then out of these rules lawes I conclude that sithence it hath pleased the high Court of Parliament particularly and expresly by name to make choyce of the Archd. hath personally qualified him as their meetest man for this charge chosing the industry of his own person in presenting fit men to be made ministers or of his deputies in presenting fit men to be made Deacons and for so much also as in this action consisteth the publike benefit of the whole church and on the which hangeth the greatest perill daunger of the whole church For these causes I conclude that an Archd. onely must ought of necessitie present one to the B. to be made a minister that the B. can not dispence with him in this case and that neither the B. neither the Archd neither the party to be made a minister neither the clearkes and people present by their consents can alter or transpose any thing herin ff de pact l. ius publicum Publica vtilitas est pars agens Publike vtilitie is the party agent in this busines and Parta priuatorum inri publico non derogant The couenants agreements of priuate men doth not derogate from cōmon right And if the contrary haue been practized what may be concluded therof shal follow immediatly And againe by these proofes you may euidently see that the calling the triall the examinatiō the time the person appoynted to present and the age of one to be presented haue not been things meer contingent but rather essential not causas sine quibus non but causes formall to the making of Deacons ministers and such causes as beeing omitted haue been sufficient causes both to depose from their functions those that haue ben contrary wise ordained to punish the ordainers for their negligence in that behalfe And therefore that our tong tied ministers not made according to the order and forme of the statute be in deed and truth no ministers at all the act it selfe whereby they be made wherby they challenge their dignities being in deed no act in law hauing no law to approue the same therefore to be punished by the law of mā as wel for entring into a calling against the lawe of man as also for prophaning the holy and sacred misteries of God For what if respect be had to one or two or foure or moe of the solemnities and circumstaunces before rehearsed and those too perhaps of the least weight moment as vnto the age the time the B. particuler interrogatories the Archd. presentation and yet the rest of the greatest waight and importance as their learning their honesty their aptnes to teach c. be negligētly or wilfully omitted Shall the proceedinges by such as please them selues in their owne inuentions be both iudges parties thus in shew apparance only supposed to be done by them that are wise and vpright iustices whom publike profit ought to mooue to the redresse of disorders be reckoned to be don in deed and verity Yea if all the former solemnities yea euen those also of the least moment such as in truth might haue ben reputed accidentall rather then substantiall had it pleased the law makers to haue appointed them so haue beene are oftentimes omitted in the making of ministers one neuer called neuer tried neuer examined neuer known to the B. before that day to be of any vertuous conuersation not qualified as is requisit not learned in the latine tong not sufficiently instructed in holy scriptures as he that came to the B. of Winchester to serue in his Diocesse borne at Norwich and made a minister at Peterborow knew not how many Sacraments there were and requested a dayes respite to aunswere the bishop what the office of a Deacon was not made openly in the face of the congregation but priuately in the bishops Chamber or Chappell not hauing any Sermon not apt to execute his ministerie duely not presented by the Archdeacon the Bishoppe making ministers at Exceter and his Archdeacon at Oxenforde or the bishop making ministers at Leichfielde and his Archdeacon at Durham not mooued by the holye Ghost not admitted on a Sunday or holy daye not of 24. yeares of age not perswaded of the sufficiencie of the doctrine of the scriptures to saluation not an example in him selfe and his familie to the flocke of Christ not a minister of the doctrine and discipline of the Lorde Christ not a peacemaker but quarrelling at law for tithe Oynions apples and cheryes not a dispensour of the worde of God Fol. 11. p. 2. not a pastour and stewarde to the Lorde to teach to premonishe to feede and prouide for the Lordes flocke if such a one I saye yea if too too many such haue beene admitted into the holy ministery and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute lawe be no lawful ministers at all Was the word of any Bishop onely the worde of the high bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe
matter of farre lesse wayght then this Quod inconsultò fecimus consultò reuocamus That which wee vnaduisedly haue done wee aduisedly will reuoke and vndoe And Sir for your part it is very necessarie and expedient for you that wee depose you in deede because Tanto grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the like were in my simple vnderstanding a noble and famous practise of a good and godly Byshoppe labouring to procure peace and prosperitie vnto Ierusalem What may a Byshoppe depriue an honest poore man from his benefice dispossesse a faythfull man of his ministerye stoppe the mouth of the Lordes watchemen and imprison a paynefull teacher in the Clincke in case hee weare not a Surplesse in case hee marrie not with a Ring in case he crosse not in Baptisme or in case hee subscribe not to euerie newe Article inuented by his Ordinarie And may not the same Byshoppe remooue a man that hath openly played the hypocrite publikely falsifyed his worde ympiously committed sacriledge yea and that which is worse hath made an open mocke at the Lawe of GOD and deluded the Lawes of her Highnesse Empyre Is the firste a lawlesse and rebellious PVRITANE I vse but their owne tearmes and is the seconde a dutifull and loyall vassall If a PVRITANE as they call him making conscience not to offende his God in any small thing for his conscience sake bee worthie to bee whipped and excommunicated is a Foolitane making no conscience to offende his GOD in all thinges not worthy once to be summoned Etrauag de elec c. cum dilectur Concerning an olde obiection perhappes by some olde Canoniste to bee obiected that euerye sentence of the Bishoppe whereby hee pronounceth anye man fitte and capable of the ministerye is a definitiue and irreuocable iudgement in case no appeale bee made from the same though my former aunswere were sufficient for the same election yet to aunswere LAWE with LAWE I answere with the glosse that propter aliquam causam post à emergentem potest quaeri quia quae de nouo emerguut nouo indigent auxilio ita semel probatus iterum probatur reprobatur For some cause afterwardes arysing inquisition may bee made because thinges newly happening doe want a newe supplie and so one beeing once allowed may againe be allowed and disalowed And therefore to cōclude if such as bee in authoritie loue the peace prosperitie of the Church of Christ if they desire the good successe of the Gospel if they will preserue the state of this Realme if they thinke it necessarie to haue good Magystrates to haue good Lawes and orders in a common wealth If they esteeme learning and seeke to prefer it If they hate confusion if they allow of their owne conditions like of a kingdome better then of a tyrannous state then are they to prouide betime some speedie remedie for these such like kinde of men and such maner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to bee contemned and broken without sharpe and seuere punnishment they are not to suffer such as execute them not to be vncontroulled vnrebuked and vnpunnished they are not to suffer such as speake for them preach for them call for them and write for them anie more to be checked tanted frumped and shopped vp eyther let their lawes be lawes indeed and maintained as lawes or els deliuer vs from our dueties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I slylie and couertly as one captious ouer the whole state of the Church should insinuate no lawfull ministerie to bee in England because some one of these points perhaps haue bene are daylie omitted in making euen the beste men that are in the Mynisterie at this daye I aunswer touching as well the whol Church as the learned and vnlearned minister the preacher and him that is no preacher the pastour and him that is no pastour I aunswere I say touching them all as followeth First I confesse that our Lorde Iesus Christ hath a true Churche and a faythfull spouse in England receyuing the doctrines and Sacramentes of Christe publikely taught and administred in the Churche of England wherein we haue ELIZABETH by the grace of God Queene of Englande Fraunce and Ireland a foueraigne a sole and a lawfull gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto hir out of the word of God by the ministers for the abolishing of all and all maner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernement of the sayde Church ought to be faithfully embraced and diligently put in execution by his Maiestie according to the prescript rule of the blessed worde of God And againe that the ministers ought euermore in a reuerent and holy feare to teach what so euer they know to bee commaunded or forbidden by the same worde and to shew the daunger as well to the magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the magistrats and ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred word prescribeth and their own saluation requireth Againe that neither the magistrate without true instruction from the ministers Nor the ministers without due authoritie from the magistrate ought to wrest any thing into the gournement of the Church For both offices and gouernments Magistracie and ministery are very holy and honourable beeing seuerall tend to seuerall endes and bring foorth seuerall euents in the administration and gouernment of the Churche the one is the mouth the other is the hand of God the one by worde the other by swoord ought to execute the Lordes iudgementes in the Lords house The Prophet Esay at the commandement of the Lord teaching that the Princes of Iudah and Ierusalem should cast away the rich ornamentes of gold as a menstruous cloath did stay him selfe with the publishing of this his doctrine he onely refourmed him selfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these wordes in your eares he hath sent me to prophecie against this house and against this Citie al the things that ye haue heard as for me behold I am in your handes do with me as ye think good and right And though Iehoiakim the king with all his men of power the
these two thinges must necessarily followe eyther our Byshoppes must vse the tytle of this custome which the popishe byshoppes vsed and so a corrupt tytle the consentes of the popishe Cleargye no sufficient title to barre the Lordes seruauntes or else they must challenge this custome as prescribed by some other lawfull tytle since the succession whiche cannot bee for two causes First as I sayd before they haue not bene in possession of their offices vnder the Gospell so manye yeares as are sufficient to the prescription of a custome Secondly whereas a continuall clayme by open writinges and preachinges hath beene made to the contrarie it appeareth that the possession they haue is altogether forced and violent and therefore an vniust possession And as touching the number of yeares before mentioned I would not haue the Papiste or any other take anye aduauntage by those speaches as though I ment that the Gospel hath not beene preached these threescore yeeares a time sufficient in Lawe to prescribe a custome in as muche as I knowe that the Gospell nowe preached is the same Gospell that hath beene preached from the beginning yea that hath beene from all eternity and preached by the Lorde Christe himselfe in the dayes of his humanitie and continued in his Churche euer since by his true disciples but my meaning is that since the time of the restitution thereof and of the returne of his people from out of the captiuitie of the spiritual whore of Babylon there hath not yet so many yeeres passed as may serue for a lawfull custome to the Bysh vnder the Gospell against their fellow brethren For though they succeede the Apostles and primitiue Churche in soundnes of doctrine and teach the same saluation that our sauiour himselfe taught and so haue a continuaunce and a possession of the doctrine of faith Yet thereby or therefore it followeth not that they likewise haue or may challenge the like defence for the former custome The Apostles them selues and the primitiue Church neuer vsing any such authority and therefore no such authority to be deriued or continued from them as in deed neuer begun or practized by them And therfore for this cause and in this respect also the former custome as an vnreasonable custome is in truth no custome at all For Consuetudo irrationabilis amittit nomen consuetudinis appellatur corruptela Panor in c. cum venerabilis extra de consuetud An vnreasonable custom no custome An vnreasonable custome looseth the name of a custome and is called a corruption I say this custome in the Church of Christe is an vnreasonable custome as neuer begun by the Apostles and seruauntes of Christ and therefore not to be continued by the followers successors of the Apostles the Apostles both teaching practizing the cleane contrary And therfore as euery law against the law of God is an vnreasonable law and therefore in truth no law So euerye custome against the law of God is an vnreasonable custome and so in deed no custome Consuetudo sayth Anto. de Butuo si tendit ad foelicitatem animae est rationabilis si vero repugnat fini aeterno consuetudo est irrationabilis A custome if it tende to the happinesse of the soule it is a reasonable custome but if it repugne the ende eternall the custome is vnreasonable Now that this custome where by the law of the Almightie is violated can not tende to the beatitude of the soule euery man must confesse And therefore I conclude thus 1 Euery custome not tending to the happines of the soule is an vnreasonable custome 2 But this custome that one shoulde excommunicate alone tendeth not to the happines of the soule 3 Therefore this custome is an vnreasonable custome The first proposition is the Lawe the second proposition I proue thus 1 Euery breach of the Lawe of God tendeth to the destruction of the soule 2 But this Custome is a breache of the Lawe of God 3 Therefore this custome tendeth to the destruction of the soule and if it tend to the destruction of the soule then tendeth it not to the happinesse of the soule THe seconde proposition of this syllogisme hath bene prooued before namely for that the Apostles haue taught and practised the contrary And in truth as hath beene already prooued it was begun aboue a thousand yeeres after the Apostles times and confirmed onely by a Pope vppon a politique reason drawn from the gouernment of common weales namely for that matters committed to one may in reason be easlier and speedilier dispatched then matters committed to many 1. Panor c. cum venerabilis Extra de consuet Agayne Consuetudo quae est inimica canonibus prima facie presumitur irrationabilis A custome that is enimy to the Canons is presently presumed to be vnreasonable Nowe the auncient Canons you haue seene before to be contrary and therfore what may be concluded let euery one iudge And hereby two other notable defects and impediments appeare againe to be in this custome which cannot be in any custome lawfully prescribed A custome not begun in good faith no lawful custome The one that it was not begun Bona fide iusto titulo By good fayth and vppon a iust Title the other that it was begun thorough want of the knowledge of the trueth and so ignorauntlye and erroniously which I prooue thus Whatsoeuer is begunne and continued in the Churche agaynst or without the commaundement of GOD as the same must needes bee begun Mala fide iniusto titulo by an euill conscience and by an vnlawfull title so must it followe that the same is begunne also without knowledge of the truethe for that neyther any good fayth neyther any trueth can bee founde to bee in any thing that is contrarye or without the worde of God And therefore this custome is agayne for these two respects vtterlye vnreasonable and therefore doth not excuse agaynste common righte Extra de consuet c. cum olim Quia consuetudo excusat in hiis quae sunt contra ius positiuum dum tamen sit rationabilis prescripta Because Custome excuseth in those thinges which are agaynste Positiue Lawe so the same bee reasonable and prescribed Nowe that no Byshoppe by common right coulde excommunicate correct or punish his subiectes alone before the time that Boniface the eyghte had giuen sentence for the Byshoppe of Pictauia Lib. 6. de consuet c. non est agaynste the Deane and Chapter of the same Churche complayning that the Byshoppe had dealt iniuriouslye with them for that hee had exercised Ecclesiasticall Discipline vvithout theire Counsayle hath beene alreadye prooued by the Canons and Constitutions before specified Which Canons were decreed long before and nearer the Apostles time and accordinge to the practise and vsadge of the aunciente Fathers And therefore since this Custome hath had a beginning but in the time of Boniface the eyghte no lawefull successor of the Apostles and that vppon a reason of pollitike
the magistrate therby hath lesse trouble in his office the common weal more florisheth in peace and prosperity Which difference were it well weighed without cauilling thorowly marked would soone decide this controuersy For hereby the former statute touching the exercise of ecclesiastical discipline by Doctors of the ciuile law meere lay men would clearly appeare to haue been made in a time wherein the truth was not so manifested as now it is For if euery man ought to confesse that it is vnlawful by the word of God for a king and Potentate no minister of the Gospell to excommunicate and so consequently vnlawfull to execute the office of a minister euerye man ought much more to confesse that authoritie giuen by man to a kinges vassall no minister of the Gospell to excommunicate and so consequently to execute the ministers office is an authority giuen vnto man againste the lawe of God and therefore both the lawe speedely to be repealed and the abuse in the meane time to be refourmed And therefore I conclude against that statute thus from the greater to the lesse 1 Whatsoeuer is vnlawfull for the king a lay man to exercise in the Church of Christ the same is vnlawfull for euery of his vassals a laye man to exercise 2 But it is vnlawfull for a king a laye man to exercise Ecclesiasticall discipline in the Church of Christ 3 Therefore it is vnlawfull for a Doctor of the ciuile law a kings vassall and a lay man to exercise the same BVT suppose this statute might in some respect be some excuse to Doctors of the Ciuile law ignoraunt of the word of the Lord yet thereby it followeth not that the bishops may in like sort be excused as wel for that they can not pretende any such ignoraunce they knowing the same to be against the word and not therefore to be practized as also for that they bee not precisely commaunded by the sayde statute to constitute and ordaine Doctors of the Ciuile lawe no ministers of the Gospell to be their Commissaries or officials but they may them selues if they will either reserue and keepe vnto them selues exercise iurisdiction and minister iustice by themselues or els depute such men vnto those offices as by law are capable of iurisdiction and may execute ecclesiasticall discipline according to the word of God I meane onely ministers of the Gospell But suppose againe that by force of this statute bishops were absolutely commaunded to ordaine Doctors of the Ciuile law to be their onely Commissaries and officials and that all sentences of excommunication and other ecclesiastical coertions exercised by the sayde Doctours meere laye men were good and duely and rightly ministred by force of this statute and so the Byshops by that meanes exempted from all iust reprehension in this behalfe yet what can be aunswered concerning the proceedings iudgementes executions and censures pronounced by meere laye men no Doctors of the ciuil law Bedell at Liechfield Liche at Chester Chippindale at Leicester Langeford at Bedford Glasier at Oxenford Greene at Glocester before they were Doctours of the ciuill Lawe mere lay men Talentine at Northhampton a meer lay man executed ecclesiasticall coertion discipline a long time Saye at Winchester Babyngton at Lichfield Hudson Dethick in the County of Yorke bishoppricke of Durham meere laye men no Doctors of the ciuile lawe execute and exercise Ecclesiasticall iurisdiction and all censures and coertions belonging to the same at this day And though it may be aunswered that some of these no Doctors were or be Deacons and so Cleargie men and therefore no laie men I reply though they were or be in deed Deacons and so one kinde of Cleargie men that they can not therefore excommunicate c. De regni iuris li. 6. ea Ea quae fiunt a iudice quae ad eius officium non spectant viribus non subsictunt Whatsoeuer things be done of a Iudge belonging not to his office the same thinges are of no force For let vs put the case that some Archdeacon or Chauncelor and yet no bishop had ordayned some man to be a Deacon pronouncing wordes apt to the giuing of such an order whether such a one be a Deacon I answere no because power to make Clearkes doth not belong to the order of priesthood vnlesse the ordayner be a Bishop Or suppose that a Bishop had graunted one an hundred dayes of pardon for some good worke that he had don whether this graunt by law be good Truely no. Because it belongeth to a Bishop onely to giue forty dayes of pardon and not an hundred In like manner I conclude though some in authoritie exercising ecclesiastical censure be Deacons yet notwithstanding that their sayde censure is in lawe no censure as a thing not belonging to the office of a Deacon but onely to the office of a minister There remayneth yet one other obiection namely that excommunication is not vsed as an Ecclesiasticall but rather as a ciuil punishment Whereunto I answere that such mē speak altogeather without book that by law they shal neuer be able to iustify their assertiō And vndoubtedly whosoeuer shal account excōmunication to be a ciuile punishment the same man is shrewdly to be suspected to be a priuie and subtil enemie vnto the Church for therby he excludeth all kind of punishmente from the Church And I include vnder Excommunication Suspension Interdiction and admonition For if Excommunication bee Ciuill then are these also ciuill and if these bee ciuill then what is Ecclesiasticall But such men by vndermining the Churche to mayntayne their owne corrupt abuses require some sharper medicine of pure ecclesiasticall Discipline to heale their vnciuill behauiour and therfore that excommunication cannot be a ciuill punishment I prooue this from the discription thereof ij q. 2. nihil §. euidenter ij q. 3. nemo Excommunicatio est extra cōmunionem ecclesiae separatio vel censura ecclesiastica excludens a communione fidelium vel est aeternae mortis damnatio Excommunication is the seperating a man from the communion of the Church or a censure ecclesiasticall excluding from the fellowship of the faythfull or it is a condemnation of eternall death And this kinde of excommunication is called the greater excommunication There is also another excommunication called the lesse excommunication and the same onelye seperateth a man from the receiuing of the sacramentes Moreouer excommunication is sayde to bee Paena animae mucro spiritualis A punishment of the soule and a Spirituall sworde By which discriptions it is apparaunt that both the greater and the lesser are belonging to the soule and conscience onely and therefore spirituall and therefore no ciuill punishment And therefore I conclude thus 1 No spirituall punishment is a ciuill punishment 2 But excommunication is a spirituall punishment 3 Therefore it is no ciuill punishment For euery ciuill punishment is eyther Poena pecuniaria or corporalis ff de pub iudic l. a punishment by
otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ◠28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler
of lay men as in trueth it is already executed by lay men yet the Courtes of Arches and Audience and the Court of Delegates might remayne and continue still and as they ought indeede so they might in worde as well and better to bee called the Queenes Courtes of Arches and Audience as the Archbysh of Canterburies Courtes of Arches and Audience As conuenient for the Doctors to attend vpon the Queene as vpon the Archbysh And as good a sight it were as dutiful a part for my masters Doctoures of the Ciuill Lawe in their Scarlet robes to attend vppon her Maiestyes roiall person in case she passed thorough Paules as to attend vppon their Lordes grace his person And as touching euery other Consistory nowe called the Bpshoppes or Archdeacons Consistory for auoyding of confusion and many iudgement seates if they were vnited and reduced in euery Shiere or euery Diocesse to one consistorye it mighte lykewise haue the name of the Queenes Consistorye and the Courtes bee called the Queenes ciuill Courtes as wherein according to the natures and qualities of the causes before specified Ciuill Iustice might bee ministred and the Popish ecclesiasticall Lawe abandoned and as a froth or filth bee spewed oute of the Common Weale Her hignesse can not more gratify the Pope then by executing his lawe For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye as by authorising and practising his Lawes nor by no meanes can shee more honour the Lord then vtterlye to abandon all semblaunce of any gouernment proceeding from an enemye and Traytour to his Maiestye Neyther were it a Dodkin matter so little is his Lawe worth in her state and gouernment to haue all Bookes of her enemyes Lawes layde on a heape in Smithfielde and sacrificed in Fire vnto the Lorde her owne common and statute Lawes the Ciuill Lawe for the exellencye thereof receyued among all Nations and certayne prouinciall Constitutions made heretofore at her Auncestours commaundement haue for the moste part alreadye and where neede is speedilye maye haue sufficient matter in them for the gonernment of the Church and Common weale without any helpe from the Laws of the enemy of the church and Common weale Instit de iur natu genti ciui § sed quod The Lawe of a King is as it were the mouth of a King for that he alwayes speaketh by his Lawe And if wee suffer the Pope to speake amongest vs as a King doe wee not honour him as a King If wee imbrace his power doe wee banish his personne If you say that they bee not executed as his Lawes but as ours I aske you agayne why shoulde they at all be executed as oures For in trueth they doe lesse good vnto vs then an Herb-Iohn doth as is sayde in the Potage for that Herbe doth neyther good nor harme But these Lawes doe annoye vs vvonderfullye and they doe vs no manner of good at all They are altogether needelesse they are altogether Bootelesse I woulde to GOD they were altogether footelesse too For touching the gouernment of the Church wee haue first the perfect and altogether righteous Lavve of God to rule the same by Secondlye wee haue her Maiesties Iniunctions the common and Statute Laws of the Realme and the prouinciall constitutions conteyning in effect whatsoeuer ought in anye case by any subiect to bee practised within this Realme Touching the administration of Iustice in anye ciuill cause before mentioned and wherof practise is made in the ecclesiasticall Court there is nothing good in the whole body of the Canon Lawe concerning the same but the same hath beene culled out of the Ciuill Lawe it is but an Epitomy of the Ciuill Law The rules of the Cannon Lawe are for the most part rules taken out of the Ciuill Lawe onely there is this difference that by the Cannon Lawe a man in some case shall not in his whole life time get an end of his suyte as these parties that had a cause depending in the Popes Court twentye foure yeeres and yet in all that space Lis non erat contestata an issue could not bee ioyned wheras by Ciuill Law a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste or else the Agent becommeth non suite And if vppon cause the matter bee appealed after definitiue sencence the same cause of appeale ought ordinarily to bee ended within one yeare or vppon some iust cause extraordinarilye happening vvithin two years Otherwise the appeale is frustrate so that in both instaunces fiue yeares onely must bee spent in suit of law And nowe what reason is there that the Canon Lawe shold be still canonized amongst vs when it was ordeined that none should proceed in any vniuersity doctor of the Canon lawe I thinke the meaning of the ordinance cheefly was that leauing no hope of preferment to the professours thereof the thing being of it selfe so vile they shoulde loose no labour in the study thereof But I will conclude that in as much as by the Canons Constitutions ordinaunces and synodalles prouinciall made before the 25. yeare of Henrye the eyght Byshpos and all other Cleargy men are forbidden to be Vicountes Presydentes Iustices Stewardes Bayliefes gouernoures of Villadges Iudges Aduocates Assessors Tutors Gardians Ouerseers runnagates to seculer Courts farmers of temporall possessions receyuers of reuenewes present in anye place where mencion of anye processe or iudgement is to bee awarded agaynste anye man to the sheading of bloude And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication and not to neglect their office and to intangle them selues with worldlye businesse And for as much also as the Emperour hath vppon substantiall reasons and principles inhibited the Cleargy vnder his Dominions the like offices to the end there mighte bee no confusion of gouernment nor mingling of offices nor Iustice vnministred nor one to defraude another and for as much also that such Canons Constitutions ordinaunces and synodalles prouinciall before specified bee not contrariant nor repugnaunt to the Lawes Statutes and Customes of this Realme nor to the domage or hurt of the Queenes Prerogatiue royall but rather for the establishment of the same the same Canons beeing both founded vppon the Lawe of God whereby her prerogatiue standeth and is vpholden and confirmed by the Lawes of reason and nature and also ratified by the consent of Emperoures and nations that therefore these Canons constitutions ordinaunces and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight and that therefore it is vnlawfull for Archbishops bishoppes or anie Cleargie men to beare any ciuill office in the common wealth If any except that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices and that therefore these Canons were not then in vse and executed and therefore not in vse now or to
maruailously wounded grieued and molested and that the soules of the people are therby not gouerned at all but left at randon to their owne direction hauing no guyde to conduct them euery one may euydently discerne dispensations in that behalfe to be altogeather intollerable hauing no ground nor foundation of reason equity or lawe but onely graunted for the priuate gayne and lucre of some couetous vaine glorious persons Wheras it may be answered that the statutes of the Realme licensing diuers Ecclesiasticall persons qualified either by degree of schoole or by seruice vnto nobilitie ought more to be respected in this behalfe then the reasons of the Canon law Herevnto I answere that for my part I heartely desire and pray vnto God that these lawes might be respected and that the law of Englande might rule an English man in this case But alas our lawes are bels without clappers they are founded but they sound not they are bandes but they binde not For thogh by the statutes of the realm certain noble mens chappleines and others graduated in the Vniuersities be qualified made capable of dispensatiōs yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al for any kind of these qualified men vnles the same be Frst in cases of necessity for the peace of the cōmon weal Secondly in cases of conueniency for the honor of hir highnesse person and lastly warranted by the holy scriptures lawes of god For though the statute make some men fit men for the Archb. to work vpon and as it were anuiles for him to strike vpon yet the same statute imposeth no necessity for the B. to work without the word But if it be lawful by the word then by the law he may if he wil. But if it be vnlawful by the word thē he may not thogh he would The law followeth Be it enacted that neither the king his heires and successors kinges of this realme nor any of their subiectes of this realm nor of the kinges dominions shall from thence foorth sue to the sea of Rome or vnto any person or persons hauing or pretending any authoritie by the same for licences dispensations impositions faculties grauntes rescriptes delegacies instruments or other writings of what kind name c. for the which any licence dispensation composition faculty graunt rescript delegacie instrument or other wryting heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome or by authority therof or of any prelate of this realm nor of any maner of other licenses dispensatiōs compositions faculties grauntes rescriptes delegacies or any other instruments or writinges that in cases of necessity may lawfully be graunted without offending holy scriptures lawes of God but that from henceforth euery such licence c. aforenamed mentioned necessary for your highnes your heires or successors your their people and subiects vpon the due examination of the causes qualities of the persons procuring such dispensations licenses c. shal be granted had obtained frō time to time within this your realm other your dominions not els where in maner and form following no otherwise that is to say the Arch. of canterbury for the time being his successors shall haue power authority frō time to time by their discretions to giue grant dispose by an instrument vnder the seal of the said Archb. vnto your Maiesty and to your heires successors kings of this realm as well all maner such licenses dispensations faculties grants rescripts delegacies instruments all other writings for cases not being cōtrary or repugnant to the holy scriptures lawes of God as heretofore hath ben accustomed to be had obtained by your Highn or any your most noble progenitors or any of yours or their subiectes at the sea of Rome or any person or persons by authority of the same al other licences dispensatiōs faculties c. in for vpon al such causes matters as shal be conuenient and necessary to be had for the honor surety of your highnes your heires successors and the wealth profit of this your realm so that the said Archb. or any his successors in no maner wise shall graunt any dispensation licence rescript or any other writing afore rehearsed for any cause or matter repugnant to the law ofalmighty god This act is renued 1. Elizab. Prouided alwaies that this act nor any thing or things therin cōtained shal be hereafter interpreted or expounded that your grace your nobles subiects intend by the same to decline or vary frō the congregation of christ his church in any thing concerning the verye articles of the catholique faith of Christendome or in any other thinges declared by holy scripture and the word of God necessary for your and their saluations but onely to make an ordinance by policie necessarye and conuenient to represse vice and for good conseruation of this Realme in peace vnitie and tranquilitie from rauyne and spoyle In which Act is set foorth vnto vs what great care and circumspection our auncestors in the twilight of the Gospel had for the abolishing of corruptions the establishing of a sincere gouernment both in the Church and common weale and how diligently and faithfully they prouided that no maner of dispensatiōs licenses or immunities shold be had or obtayned but in cases of necessitie in cases not contrary or repugnant to the lawes of God in cases wherin the wealth profit peace and conseruation of the realm requireth in cases conuenient for the honor safety of the kings person with a due confideration alwaies of the causes qualities for the which of the persons to whom any licence or immunity shold be granted And therfore out of this statute first I conclude thus against plurified men 1 Whatsoeuer cause or matter is repugnant to the law of God the Archb. may not dispence with the same 2 But the matter of hauing many benefices or being Non residents is repugnant to the laws of God 3 Therfore the Archbish may not dispence with the same Againe 1 Whatsoeuer is not necessary for the wealth peace profite and conseruation of the realm the same by this statute is forbidden 2 But that one man should enioy by way of dispensation from the Archbish liuings appointed for many men is not necessary for the wealth peace profite and conseruation of the realme 3 Therefore the same is forbidden by this statute Lastly 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person the same by this statute is forbidden 2 But it is not conuenient for the honor and safety of hir highnes person to haue the Archbish disspence for many benefices 3 Therefore by this statute the Archbish is forbidden to dispence c. THe Minor proposition of the first syllogisme hath beene already sufficiently prooued by manye in fallible conclusions of Lawe and vndoubted truethes
of the worde of God and therefore it is needelesse to make any repetition thereof Onely I would haue the reader diligently to marke the wordes of the Statute forbidding all manner of Dispensations in any matter or cause repugnant to the worde of God For though the aduersary cauill that we finde not in the scriptures these Termes Viz. Licenses Tollerations Dispensations c. precisely specified in any commaundement prohibitory in the Scriptures Yet in as much as the matter or cause of Dispensations for many benefices is there generally forbidden as ambition pride couetousnes perill of soules c. It is against the peace profit of the common weale that the Archb. should dispence Therefore it followeth that by this statute Dispensations in this case are absolutely inhibited The minor proposition of the second Syllogism may be confirmed by three euident reasons First from the euent which by our owne common and daily experience we too too well knowe to be true For by the same we see a fewe wealthy and ritch Prelates in pride iolity to be maintained and a great number of needy Stipendary Curates and poore Ministers to be vtterly destitute of meete and conuenient allowaunces so that sometimes after theire dissease their distressed wiues and Children are forced eyther to bee releeued by the seuerall Parishes of their aboades to the impouerishing of the same parishes or else constrained to beg from place to place so be chastised as rogues or pilfer steal and so be punished as fellons Secondly by a comparison drawn from other Statutes of the realme prouiding that one rich and mighty man shoulde not exercise many seueral misteries trades and faculties and so rob the poorer sort from the ordinary meanes wherby they might liue well and honestly in the common wealth The third reason is taken from an adiunct or common accident to euery common weal rightly gouerned that is that the last Willes and Testamentes of all and singular testators be duely execued especiallye such as whereby the honour of God is promoted the Church and common weale manifestly regarded but vnto the performaunce of the the last Willes and Testaments of many patrons endowing many churches with large and ample possessions to the intent conuenient liuinge might be alwayes prouided for Pastors to be resiaunt and to feede their posterity with the foode of life the worde of God there can be nothing more preiudiciall or more derogatory then that these seuerall patrimonies and inheritaunces appointed by seuerall patrons for seuerall Pastors to such seuerall and good vses shoulde by the dispensation of one man be transformed and giuen to another vse contrary to the testator his intent and purpose And therefore I confirme my Minor Proposition by these three conclusions 1 Whatsoeuer is an occasion that poore and needy Ministers their wiues and children do want a competent conuenient maintainance the same is not necessary for the profite peace wealth and conseruation of the common weale 2 But that one man shoulde by dispensation enioy many benefices is an occasion that pore and needy Ministers their wiues and Children doe want a competent and conuenient maintainance 3 Therfore that one man should by dispensation enioy many benefices is not necessary for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion that one man shoulde enioy the offices liuings of many men the same is not necessary for the peace profite wealth and conseruation of the common weale 2 But that one man should by dispensation enioy many benefices is an occasion that one man should enioy the offices and liuings of many men 3 Therefore that one man should enioy by dispensation many benefices is not necessarye for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and derogatory to the last willes and testaments of Testators disposing their patrimony to lawfull holy vses the same is not necessary for the peace profite wealth and conseruation of the Realme 2 But that one man by dispensation shoulde enioy many benefices is preiudiciall and derogatory to such last Willes and Testaments 3 Therefore that one man by dispensation shoulde enioy many benefices is not necessarye for the peace profite wealth and conseruation of the Realme It is inconuenient for the honor safety of her highnesse person for the Archb. to dispence COncerning the validitye of the Minor proposition of my third syllogisme drawne from the conueniencie of her highnesse honor namely that it is not conuenient for the honour and suerty of her Highnes person to leaue any manner of authority for the Archb. to dispence none may wel doubt therof but only such as respect more the pomp and glory of an Archb. then the dignity preeminence of a Christian King For in good soth this statute made principally to abolish al vsurped power challēged by a forrē Romish pope ouer the king his subiects yet to authorise a domestical English Archb. in his roome containeth in it such a contrariety such an absurdity as it is wonder how either any Archb. durst challenge the executiō thereof or else how hir highnesse most noble Father brother her highnes own person could endure the same so long vncanselled vnrepealed especiallye the same being most preiudiciall to their regall crownes and dignities For first by the vertue of this Statute it is enioyned the Archb. and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for anye cause or matter repugnaunt to the lawe of Almighty God Secondly it is permitted vnto the sayde Archbysh and his successours by their discretions to graunt vnto the K. Maiestie and to his heires and successours Kings of this Realme all manner such licenses c. as heretofore haue beene accustomed to bee had and obtayned by his Highnesse or any his Noble Progenitors or any his subiectes at the sea of Rome Which two clauses without dishonour to the Maiesty of God or preiudice to her highnesse prerogatiue cannot possible establish a sound and perfect Lawe For first in as much as the popes person was neuer duly qualified to be a Lawfull dispensor or any lawfull Magistrate in the Church of God it is manifest that euery dispensation granted at that time at the sea of Rome was directly against the Lawe of God as graunted by one that was no member of the Church of God Again In as much as the trueth of the Gospell warranteth vs that symony Vsury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and times not eating of flesh in Lent and such like are against the Lawe of God it is euident that dispensations graunted at that time for these and such like things at the Sea of Rome were granted in causes and matters repugnant to the law of God and so by the former braunch of this statute being
and to take awaye all occasion from others to seeke preferment in that house at hir maiesties hands they of late haue inuented a new deuice and practized a new tricke where they were by the order and foundation of the house bound yearely to make elections of such schollers as might presently at the time of the election be placed in the vacant roomes they now either at one time choose a greater number of schollers for them selues then are places vacant and so make but one election in two yeares or else so soone as any place by the departure of any schooler is voyd they foorthwith in the name of the Deane or some Prebendarie chop an other in his roome by meanes whereof either hir maiesties letters are delayed vnto the ende of two yeares or else remayne altogeather frustrated so kinde hearted these no Precisians and these no Puritanes haue beene and so thankfull they haue shewed them selues for their maisterships Deanries and Prebendaries receiued at hir maiesties hands by hir gratious bountie and liberallitie And therefore since they striue so egerly for such tryfles and vse such foule shiftes to shut hir out of doores and make hir schollers packehorses and set them at the Cartes tayle in hir owne Colledges I thinke a man may gesse twice and yet not gesse so nigh as to gesse that Cleargie men enemies to reformation rather then they woulde loose their dignities woulde if it laye in their power gyue hir Highnesse prerogatiue the Canuysadoe They allow hir maiestie a royall power to shred greene Olyue braunches but to roote vp olde rotten dotterelles they deny hir anye such authoritie they can bee contented hir maiestie shoulde strippe poore men cloathed with sackecloath but mighty men decked in scarelet shee may not touch or once looke awrye vppon No cause of the name of ecclesiastical court Concerning the Courtes and iudgement seates of Archbishops bishops and Archdeacons hitherto reputed and called Ecclesiasticall Courtes I can see no reason in the worlde why they shoulde be any more so esteemed taken or reputed or why anye matter or cause or suite or controuersie commenced in those places shoulde or ought to be called or counted Ecclesiasticall For though in times past I meane in time of popery they might probably and coullorably be so called either for that Cleargy men alone were Iudges and exercised iudgement in them either for that such parties as betweene whom suites did depend were for the most part meere church men either for that all peticions and actions made and begunne in those Courtes were for such matters and causes as whereof church men onely by vsurpation challenged vnto them selues the decision and determination yet now so it is that all these reasons fayle and are of no force For with vs at this day though Archbishops bishops and Archdeacons be Cleargie men and chiefe amongest the ecclesiasticall seat yet notwithstanding Doctors of the Ciuill lawe meere laye men as they call them and no whit beneficed by priuiledge of Cleargie exercise all iurisdiction reputed Ecclesiasticall in their consistories and by the ordinaunces of the Realme are made competent and lawfull Iudges in these Courtes 25 Henrici octui Where one suite now dependeth or these manye yeares hath depended in the same Courtes betweene Cleargie men alone one hundreth almost are and hath beene depending betweene laye men alone the causes them selues are all for the moste part mere Ciuill and belong onely to the Ciuill court Approbations and insinuations of Willes and Testamentes by expresse wordes as you haue hearde out of the Ciuill lawe are absolutely prohibited vnto Bishops and all other Cleargie men And so consequently for that Appendices sequuntur principalis subiecti naturam Accessories follow the nature of the principall subiect All causes of Legacies Bequestes Accountes Inuentaries Commissions of Orphanes gooddes and whatsoeuer else may be incident to anye of those causes are vtterly forbydden Causes of wrongfull and iniurious slaunders infamous Libels and contumelious crymes causes of contractes and marriages causes of dowrie and diuorce causes of filiation and legitimation of children matters of Vsurie and whatsoeuer appertayneth to the decision of these causes are causes meere ciuill and pertaine to the ciuill magistrate and therefore sithence Archbish Bish and Archdea to disburthen them selues may lawfullye commit the hearing of these causes from them selues yea and very seldome or not at all execute their iurisdictions by them selues but continually and effectually do surrogate and depute Doctors or Bachelors of the Ciuill lawe What iniurie to their persons or alteration of the state and gouernment can it be in case hir maiestie by hir prerotiue did commit the same causes vnto the same men and make the bishops men hir men and their commissaries hir presidentes Touching matters of tith it is lawfull for the chiefe Iustice of the kings bench where any vsage or custome by any partie is pretended to paye lesse then the whole tith as suppose the twenteth or forteth part of his tithes Yea in some cases where no tith at all is payde as vpon the statute of tith wood beeing timber trees aboue twentie yeares groweth to prohibite in hir maiesties name euery iudge ecclesiasticall that hee proceed not to the determination of any such cause and so to take vnto him selfe the hearing and determination of the same according to the common lawes of hir highnesse realme There is small diuersitie of reason why the same or some other Ciuill magistrate may not as well heare and determyne all and singular causes of tithes after what maner or forme soeuer they be payde as whereby long continuaunce of tyme they haue beene customablye payde after such and such sort or where no payement at all hath beene made In the seconde or thirde instaunce when appeale is made from an Archbishop Bishop or Archdeacon into hir highnesse high Court of Chauncerie or Delegates in any case whatsoeuer hir maiestie by the prerogatiue of hir Crowne and dignitie hath absolute power to appoynt such men to set a finall ende and ordinate direction therein as by their wisedomes shall be thought consonant to equitie right and good conscience There is no disparity of reason why in the first instaunce shee maye not as well haue like authority or why like authority from her or by her Maiesty may not lawfullye bee committed to any of her subiectes though no ecclesiasticall persons but onely seculer and laye men Neyther by this meanes shoulde the course of Lawe touching appeales be taken away but the same might be still practised as now it is In the prouinces belonging to the Romaine Empire though presidents and Proconsulles had their Commissions from the Emperour yet appeales were notwithstanding made from those Gouernours vnto the Consistories and tribunall Seates of the Emperoures imperiall City of resyaunce and cheefe aboade And therefore though the Gouernmentes nowe reputed Ecclesiasticall but in trueth Ciuil were absolutely translated from Ecclesiasticall men and put into the hands