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
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
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
priestes and the prophetes slewe Vriah with the swoorde yet ceased not Ieremiah to stande in the Court of the Lordes house to speake vnto all the cities of Iudah all the wordes that were commaunded him to speake and kept not a word backe 2 Kin. 23. 3. When Hilkiah the priest had found the booke of the lawe and caused Iosiah to reade the same it is written that the KING stoode by the piller and made a couenant before the Lorde that he the KING and the priestes and the prophetes and all the people both small and greate should walke after the Lorde and keepe his commaundementes and his testimonies and his statutes with all their hearte and with all their soule And that the KING commaunded Hilkiah the high priest and the priestes of the seconde order to bring out of the Temple of the Lorde all the vessels that were made for Baall and for the grooue and for all the host of heauen and that the KING burnt them without Ierusalem in the fieldes of Kidron and that the KING carryed the powder of them into Bethel and that HE put downe the Chemerym and that HE brake downe the houses of the Sodomites and that HE brake the images in peeces c. When the spirite of the Lorde came vpon Azariah to tell Asa and all Iudah and Beniamin that the Lorde was with him whilest they were with him encouraged them in their affliction to turne vnto the Lorde God of Israell for that their confidence and trust in him shoulde not be frustrate but haue a rewarde Asa hearing these wordes of the prophet was encouraged and tooke away all the abhominations out of the lande of Iudah and Beniamin And King Asa deposed Maachah his mother from hir regency And Asa brake downe hir idoll and stamped it and burnt it at the brooke Kidron 2. Chroâ—… and king Asa did all these thinges at the councell of the Prophet Neither can the holy doctrine of the Gospell be sayde to be repugnaunt herevnto God is euer more one and the selfe same God in all ages he is euermore the authour of peace and order not of discord or disorder If therefore the Lord haue not yet gratiously opened hir maiesties eyes to vnderstand all singular misteries of his Testament or if he will some blemish to remaine in the gouernment of a faithfull Queene vnder the Gospell as it pleased him to haue blottes in the raigne of good kings in the time of the law or if he will that the aduersaries of Iudah and Beniamyn hyre counsellers to trouble their building and hinder their deuise all the dayes of Cyrus or if he will the Temple to be built in the dayes of Esra the chiefe priest but the walles to be reedified by a Eliashib and his brethren or if he will haue his Church tary his holy leasure and appoynted time or if he haue any other glorious purpose to work in our dayes by hir highnes what is that to him that is a minister of the Gospell Onely it behooueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layde vppon him And let him be assured that whatsoeuer is either bounde or loosed by him in earth the same is bounde and loosed by the Lorde in heauen The repentaunt and faithfull shall be forgyuen The obstinate and impenitent shall bee hardened And thus hauing deliuered my mynde touching these thinges which otherwise by synister construction might haue beene daungerous to my selfe and offensiue to others Touching the former cauill I answere as followeth First I confesse that euery one meete and apt to teach that euery one qualified as is requisit that euery one mooued inwardly by the holye Ghoste and outwardly called and appoynted by the bishop hauing authoritie by the order of this church of England in this behalfe is in deed by law a minister First because he is indeed truth a messenger sent appoynted to this office by the Lord him selfe Secondly he is a minister by the law of this land For the state of this man learned qualified and inwardly called and the state of the vnlearned vnqualified and not inwardly mooued differ as much as light darknes For where the life the learning the conuersation the paines of the former doe appeare in deede to be sincere sufficient honest and diligent euen such as the law it selfe requyreth should be in him and so the ende of the law satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of law and by law that in his outward calling and triall c. all thinges requyred by lawe were accordingly perfourmed by the bishop and so he a lawfull minister But touching the other man it is quite contrarie and therefore this presumption by law must cease Glos extrauag de prebend cum secundum Apostolum verdiceat For where his life his learning his conuersation do appeare manifestly to be vile corrupt and vnhonest and not such as the law requyreth and so the law frustrated in this case there is a presumption Iuris de iure of lawe and by lawe against him that he came to his office per surreptionem by stealth and vnorderly Letters obtayned for enioying benefices vntill it appeare they were obtayned either veritate tacita or falsitate expressa truth concealed or falsehoode expressed are good and to be obeyed but if afterwardes either of these appeare they shall bee accounted surreptitious and voyde A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenor thereof appeare false latine it is then presumed to haue been obtayned per surreptionem A sentence giuen by a iudge is presumed to be a iuste iudgement and euery one for the authoritie and reuerence of the Iudge ought so to deeme of the same But in case the matter be appealed and there be found a nullitie in his processe the former presumption ceaseth and the sentence as an iniurious sentence is to be reuersed In like maner if a Bi. should make an hundreth ministers in one day for the authoritie and reuerence of the bishop and the good opinion I ought to conceiue of his vpright and sincere dealing of his holy religion and feruent zeale to the lordes house were I absent and sawe not his proceedinges to be contrary to law as I ought so I trust I should both esteeme his doinges therein to be lawfull and orderly and also reuerence those whom he had so made as messengers sent from the Lord. But if afterwarde when any of them shall come to execute his office of ministerie when he came to teach the people he shoulde then manifest him selfe to be but an Hipocrite but to haue fayned a certaine kinde of holinesse and zeale when he shall him selfe discrie his owne vnablenes and displaye his wantes were it
by passing of Dispensations vnder the great seale are a great increase of her highnesse treasure and an augmentation of her reuenues I aunswere that Dispensations for Symony Nonresidency and many benefices are so farre from beeing any encrease of her Maiesties treasures as that they are indeede a great diminishing of the same For first as touching Dispensations for Symony whereas by euery dispensation graunted vnto a Symoniacal person her highnesse receyueth into her hanaper at the moste _____ Shillings the greatest ordinary fee limitted by the sayde statute for any Dispensation to be graunted her Maiesty for the same _____ looseth 10. 20. 30. 40. or 50. Poundes to be payde into the court of tenths and first Fruites For were the party committing Symony for the same offence by lawe depriued from his benefice her highnesse were then to haue of the next incumbent the whole first Fruites of the said benefice euen ten times so much at the least as is paid into her hanapire Or were the Symoniacall person a plurality man and so depriued from all his benefices and ecclesiastical promotions her highnesse were then to haue the whole first Fruites of all his Benefices and promotions fortye times so much as shee enioyeth by graunting his dispensation And as touching the fees due for Dispensations graunted for many Benefices though the same fees may happilye amount in some one yeare too many hundreds yet by meanes of the sayde Dispensations her highnesse is impouerished yeerely by many thousands The oftener euerye benefice or promotion is voyde by death resignation or depriuation the oftener is another admitted vnto the same and the oftener doth her highnesse receiue the first Fruites of any such benefice Now it is euident that the conioyning of two three foure or fiue thousand benefices or promotions vnto one thousand men by dispensations is a manifest impediment to the auoiding of so many incumbents from so many benefices as which by death resignation or depriuation of the said incumbents might were likely to be made voyde And so the saide dispensations being an hinderance to the auoiding of benefices they must necessarily be also a very direct meanes to keepe from her exchequer that treasure that otherwise should ordinarily be brought vnto it And though by the death resignation or depriuation of euery plurality man euery of his benefices be made void Yet his said benefices are not so often made voyde as otherwise they should be And therefore though her highnesse haue the first fruits of two three foure or fiue benefices in the hands of one pluralitye man dying resigning or beeing depriued Yet hath she not the first fruites of the sayde benefice so often as otherwise she might haue wherby her reuenewes are lessened Since therefore for one man to enioy many benefices by dispensation maintaineth couetousnesse and is contrary to the ancient canons mainteineth ambition and ministreth matter for a roaging a gadding and a dissolute mynistery since it conuayeth stipends due vnto many from many vnto one Since it is an hinderance of residence and containeth peril of soules Since it is a kind of theft rauine spoil Since it is vndecent and vncomly Since it is contrary to the good customes of the Church Since the honesty of the church thereby is defiled the authority thereof contemned the trueth of Christ troden vnder foote loue banished Since among the rich Prelates and plurified men them selues strifes contentions brawles and enuies arise and are nourished Since the fire of God his wrath is kindled against vs by them since it is against the law of nature and repugnant to the law of God and therefore nourisheth a Monster in nature since it is against the weale peace profite and conseruation of the Realme since it is against the vtility of the Church that the necessity of the Church requireth the clean contrary Since it is preiudicial and derogatory to the last Willes and Testamentes of our ancestors since it is dishonourable and dangerous for her maiesties person and safety since priuate necessity pouerty is no sufficient cause for the maintainaunce thereof Since the miserable penury of our stipendary curates therby is made intollerable And again since al these things are offensiue that a priuiledge so soone as it becōmeth offensiue not exercised to the profite of many but to the will of one is forthwith to be with drawn Since euery priuiledge ought to be such that it damnify none and since it forthwith looseth the name of a priuiledge if once it turn to any iniustice since that nothing is more contrary to naturall reason then that one and the selfe same man should take vnto him selfe diuers stipendes of the Church in diuers and farre distant places since it is against the pollicy of euery good common wealth of man since it is contrary to the gouernment of euery good and prouident housholder since it carrieth headlong the soules as wel of him that giueth it as of him that taketh it to hell yea and since it is an impouerishing of hir Maiesties treasure and diminishing of her reuenewes Let vs conclude for one man to enioy two or moe benefices by dispensation to be a thing altogether intollerable and vtterly vnlawfull ¶ Excommunication by one alone forbidden 15. q. 7. c. Episcopus EPISCOPVS NVLLVS c. Let no Bishop heare any cause without the presence of his Cleargie Otherwise the Bishops sentence not confirmed by the presence of his Clearkes shall be frustrate Extra de excessis prelat c. 1. MANDAMVS c. We commaund that in any wise you presume not to exercise against the Cleargie any vnlawfull tallages and exactions Neither that hencefoorth you vnreasonably greiue them or vnhonestly intreate them or els suspende them without the iudgement of the chapiter And againe Extra de hiis quae fi sine consen cap. c nouit NOVIT c. Your discretion and wisedome knoweth how that you and your brethren are one body so that you are the head and they approoued to be the members wherefore it becommeth not you to leaue your owne members and to vse the aduise of others in the dispatch of your owne Church affayres because without all doubt the same is both gainst your honestie and the institution of the holy fathers For it hath beene manifested vnto vs that you without the councel of your brethren do place and displace Abbates and Abbases and other ecclesiasticall persons Therefore we commaund c. For we ordaine that such placinges and displacinges be of no force And againe Extra de hiis quae fiunt si consen cap. c. quanto QVANTO c. We commaund your brotherhoode that in grauntes and confirmations and other busines of your church you require your brethrens presence And that with the Councell of them or the sounder part of them you handle and finishe those matters and that you ordayne such thinges as are to be ordayned and correct errours and abolish and roote out
of this nature it is not of the nature of a priuate action betweene man and man nor of suite commenced betweene party and party but the case herein standeth betweene a meane person or a meere periuate man and the whole Church yea betweene the Lorde of Heauen and earth and a Byshop his pore creature It is not I say whether the same should bee executed by man onely because Firmius est iudicium quod plurimorum sententia confirmatur or by fewe vt facilius expedirentur negotia But whether the same should be executed onely by many and not by one because the ordinaunce of God is so And therefore the case standeth in effect thus whether a lawfull prescription by an Archbysh or Byshop agaynst a Deane and Chapter or the custome of an Archdeacon against Archbysh Bysh and Deane and Chapter by the Canon Lawe be a sound substantiall prescription and custome against the whole Church against the family of the Lord and against his ordinance For at the beginning it was not so Whereunto I aunswere that as Nullum tempus currit Regi nullum tempus currit reipub No time runneth against the King no time runneth against the common wealth so in this case and all other of the like nature Nullum tempus currit ecelesiae nullum tempus currit domino No time runneth the Church and no time runneth against the Lorde And therefore though the Byshop may perhaps affirme him selfe to haue obtayned right by prescription to excommunicate without any aduise of the Deane and Chapter yet shall he neuer be able to prooue that hee hath therefore lawfull authority to excommunicate alone sithence the vsadge of the first Church and the ordinaunce of the Lorde are quite and cleane agaynst his sayde assertion Yea I say more namely that euen by the Canon Law it selfe neither Archb. nor B. can truely iustifie any Excōmunication by one man alone at all the said popish custom now ceasing to be any more a custome For in deed the reason of this custome ceaseth to be any more a reasō for such a custom in our time the reason of the former lawes made before this custome vrgeth the same lawes to be practized again now a dayes And therfore as Cessante causa cessare debet effectus the cause ceasing the effect ought to cease vrgente ratione legis vrgenda est lex The reason of the Law vrging the Lawe is to be vrged So the sayde popishe custome ought in deede to cease and the sayde Canon Lawes ought to bee obserued Neyther is the Canon of Boniface the eyght made for the sayd custome any impediment hereunto First for that the saide custome is meerely against the worde of God with which no Pope coulde euer dispence And therefore as contrary to the Apologie of the fayth of the Church of England by no intendement of any statute or statute makers in England confirmed Secondly the Canon of Boniface made to confirme a custom not participating the nature properties and inseparable accidents of euerie good and laudable custome but onely made by a lawles absolute power contrary to the principles and axioms of Law is not confirmed by the statute of 25. vnlesse wee absurdly graunt eyther the said statute to confirme lawfull Canons and a law lesse custome or seuerally to establish a lawlesse custome and to infringe lawfull Canons For this decree of Boniface approoueth and ratifieth such a custome as hath no maner of fellowship or societie with any lawfull custom But to let these things passe and no further to vrge the defecte of the reason of the custome to abolish the custome or the efficacie of the reasons of the Law to establishe againe the law Let vs returne to the lawes and decrees before rehearsed authorising custom to binde as effectually as a law and by them let vs see whether this custome that one shoulde excommunicate alone authorized by Boniface the 8. participate the nature and proprieties of euery such custome as whereof mention is made in the lawes and decrees and if not then let vs conclude the same to be no custome at all Euery vsage is not a custome if no custome then no maner of excommunication either by lawe or custome to be vsed at all For euery vse creptin continued some long space is not therefore by and by a custom so of the nature of a law and of such power as foorthwith it may sholder out written law control cōmon right ff de consti princi l. in rebus Extra de prebend c. liceat de cleric non residen c. consuetudinē §. statuimus lib. 6. ff de legi l. Quod non Glos in c. aqua extra de consecr eccle ver consuetudine In rebus nouis constituendis euidens vtilitas esse debet vt recedatur ab eo iure quod diu obtentum est In ordeining new policies there ought to be an euident cōmodity for that law to be left that a long time hath bin obserued And againe Quod non ratione introductum est sed errore primum deinde consuetudine obtentū in aliis similibus non obtinet that that at the first was not begon by reasō but by error afterwards obteined by custom hath no place in other like cases Consuetudo quae est contra iuris naturam non prodest contra illudius non potest prescribi A custom that is against the nature of law profiteth not and against that law no prescriptiō may be For if the same shal be erronious vnreasonable not lawfully prescribed then is it of sufficient force to expel the law writtē therfore as hurtfull and preiudiciall for the gouernment of the church here after to be abrogated abolished For custome is no more priueledged then a lawe but as a law may be made dead taken away by a custome so like wise may a custome be made dead again by reuiuing a former law And though here might be vsed a peremptory chalenge against this custom begun continued in the popishe Synagogue contrary to the custome of the Church of Christ that for that cause in that respect only the same is farre vnmeet for vs therfore by vs to be vtterly abandoned Yet because we are as yet I can not tell how not altogether freed from the lawes and customes of the popish synagogue Let vs vse the reason of the same lawes to ouerthrow the same custome Neyther yet shoulde any man thinke that therefore the former popish lawes are to be approued as meete lawes for the Church of Christ to be gouerned by For weare there no other grounde of trueth that one shoulde not Excommunicate alone but the reason of the Popish law the obseruation therof wold not be vrged But because wee haue the trueth it selfe confirmed vnto vs at the commandement of the Lord by the Apostles mouth practised by the moste auncient fathers and by their authority and example drawn into
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