that is doone by him But our author himselfe saith that all our ministers ought to be elected by the people which yet is not performed that in the ordinations of the best men we haue some solemnities are dailie omitted and that it is so sure that solemnities and other matters of forme are omitted at the ordinations of vnlearned ministers that it is Praesumptio iuris de iure that they were not rightlie and formallie ordeined Also this rule faileth * L. 2. C. de sentent interlo 3. q. 7. §. tria ver verum c. ad probandum Ext. de re iudicata Abb. in c. sciscitatus de resc when at the verie beginning the impediment was apparent Now if we may beléeue our author the impediments hindering these vnlearned men to be ministers are so euident that euerie man being present may sée the Bishops Proceedings heerein to be contrarie to lawe and being absent may haue By experience such certeine knowledge of his misdemeanors and ignorance that by the most full and plaine proofe that may be not admitting any proofe to the contrarie euen By presumption of law and by law it may be intended he was vncapable at the time of his ordination And moreouer he surmiseth certeine impediments whereby such a man is hindered from being in deed and truth a minister to be knowne both to the Bishop and to the partie ordeined And * Abb. in c. Apostolic Ext. de praesb non ordin gl in c. dudum c. nihil c. quod sicut Cl. 2. de electio againe this rule indéed holdeth and error maketh law in matters depending of iurisdiction but not in matters grounded vpon orders nor in sacrementals in which rather truth than common opinion is weighed And therefore it is * Archid. 11. q. 3. c. 1. Bald. in l. 2. C. de sent interl omnium iudicum said Generall and common errour in spirituall matters dooth worke and enure to nothing Where vpon it resteth still firme and inuiolable that if we haue so manie as he inforceth onelie pretended ministers in this church of England not being so in déed and truth then shall the acts and functions of the ministerie executed by them be of no other force notwithstanding the common error than if they had béene done by méere laie men both in déed and common reputation Naie by this mans platforme the priests made in time of poperie being not so much as capable of the ministerie and the ministers ordered in the time of king Edward and hir Daiesties reigne that now is being no ministers indéed bicause they were not chosen by the people which the booke and law requireth it will follow that we haue no ministers indeed and by lawe in this church of England Now it is a péece of our new church-modell also to * T. C. Replie pag. 518. affirme that Not onelie the dignitie but also the being of the sacrament of baptisme dependeth vpon this whether he be a minister or no that dooth minister it To which also the opinions of the ministers of the reformed churches in France séeme to be conformable where they * Art 4. du Baptisme en la discipline eccl de France saie Le baptisme c The baptisme administred by him which hath not commission or anie vocation is wholie void But the common law of the land maketh espousals void to the intent of legitimation or inheritance of the children where the matrimonie was not celebrated by a priest or minister and suffereth none to be capable of any benefit of a subiect in this land which is not baptized So The authors most pestilent assertioÌ„ and the consequence that we sée a more pestilent plat than this man hath laied against the particular interest of euerie subiect in this church and common-weale cannot be deuised by the most seditious traitor in Rome or in Rhemes nor by the most stirring and tumultuous diuell in all hell if all that were true which he and his complices doo deliuer vnto vs as vndoubted truths here and else-where in their peremptorie and perillous assertions 49. Section Pag. 99 100 101. IN this place our author goeth about to confute those that take vpon them to exempt Bishops from blame For placing vnlearned men in benefices by reason of the corruption couetousnes and simoniacall compacts of sundrie patrones But what colour of excuse can this yéed to Bishops in any mans imagination whie they should call insufficient men into the ministerie For I hope his malice is not so great as to charge them that they make insufficient men ministers onelie to serue the turne of Couetous patrones whereby they may make their markets more gainefull and vpon refusall of their cleackes that they may haue aduantage in law peraduenture against the Bishop himselfe that ordeined them Yet to follow him a little in this matter of bestowing benifices with what forehead can any man but a litle experienced in the world saie that the greedinesse and corruptions of patrons is but a Feigned cause of placing vnlearned men in benefices except he will denie the sunne to be vp at midday or such a one as the god of this world hauing blinded dooth thinke the smell of gaine to be good out of anie thing as Vespasian did Ex lotio And can he faie this is but Feigned who talketh so much of a presumption by law when as the law it selfe though there were not too lamentable experience of it in this common wealth dooth tell vs Bicause patrones leaue so small a portion in some places c. extirpandâ— Ext. de prâ—bendis to the ministers so that they cannot competentlie thereby be mainteined here vpon it commeth that in such countries scarse one minister of a parish church can be found which hath euen but a little skill in learning But If it were true he saith he will neuerthelesse Let passe diuers answers which aptlie might as he thinketh be vsed in this matter One is bicause the Bishops office is More painefull than gainefull and he that tasteth the sweet ought also to tast of the sowre Therefore he should refuse to admit any not so qualified as our author meaneth vnto a benefice yea though he were sure that after all his trouble and expenses such a clearke should be placed by the course of the common law maugre his beard So that by this mans accompt it is better purposelie without cause or hope of preuailing for a man to trouble himselfe and spend his monie than to be quiet and better to rise vp and fall than to sit still Naie with what credit can the Bishop reiect a man as vnable whome he is sure the law of the land will repute sufficient Therefore it is maruell that our author vpon this colour did not here runne into a common place against the common law which is more loose in allowance of clearkes vnto benefices than he would beare vs in hand the canon law is But
their decease their distressed wiues and children are forced either to be â—elâ—â—ued by the seuerall Parishes or their aboâ—des to the impouerishing of the same Parishes or else consirained to bâ—â— from place to place and so be chasâ—â—â—ed as roges Pag. 134. or pilier and steale and so bee punished as selons Secondlie by a comparison drawen from the other Statutes of the Realme prouiding that one rich and mightie man should not exercise manie seuarall mysteries trabes and faculties and so rob the poorer sort from the ordinarie meanes whereby they might liue well and honestlie in the common wealth The third reason is taken from an adiunâ—t or common accident to euerie common weale rightlie gouerned that is that the last Wils and Testaments of all and singular testators be dulie executed especiallie such as whereby the honour of God is promoted the Church and common weale manifeselie regarded but vnto the performance of the last wils and Testaments of manie patrons endowing mame Churches with large and ample possessions to the intent conuenient liuing might be alwaies prouided for pasrours to bee resiant and to feeve their posteritie wiâ—h the foode of life the worde of God there can be nothing more premdiciall or more deregatorie then that these seuerall patrimonies and inheritances appointed by seuerall patrons for seuerall pastors to such seuerall and good vses should by the dispensation of one man bee transformed and giuen to another vse contrarie 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 needie Ministers their wiues and children doo want a competent and conuenient mainteinance the same is not necessarie for the profit peace wealth and conseruation of the common weale 2 But that one man should by dispensation inioy many benefices is an occasion that poore needie Ministers their wiues and children doe want a competent conuenient maintainance 3 Therefore that one man should by dispensation inioy manie benefices is not necessarie for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion one man should inioy the offices and liuings of many men the same is not necessarie for the peace profit wealth conseruation of the common weale 2 But that one man should by dispensation inioy many benefices is an occasion that one man should inioy the offices and liuings of manie men 3 Therefore that one man should inioy by dispensation manie benefices is not necessarie for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and â—erogatorie to the last Wills testainents of testators disposing their patrimonie to lawfull and holie vses the same is not necessarie for the peace profit wealth and conseruation of the Realme 2 But that one man by dispensation shoulde inioye manie benefices is preiudiciall and derogatorie to such last Wils and Testaments 3 Therefore that one man by dispensation should inioye manie benefices is not necessarie for the peace profite wealth and conseruation of the Realme COncerning the validitie of the Minor proposition of my It is incoÌ„uenient for the honor safetie of her highnesse person for yâ— Archb. to dispeÌ„ce third syllogisme drawen from the conueniencie of her highnesse honour namelie that it is not conuenient for the honour suretie of her Highnesse person to leaue anie manner of authoritie for the Archbishop to dispence none may well doubt thereof but onelie such as respect more the pompe and glorie of an Archbishop then the dignitie and preheminence of a christian king For in good sooth this statute made principallie to abolish all vsurped power challenged by a forrain and Roâ—â—sh â—ope ouer Pag. 136. the king his subiects yet to authorise a vomesticall English Archb. in his roome containeth in it such a contrarietie such an absurditie as it is wonder how either anie Archb. durst challenge the execution thereof or else how her highnesse must noble father brother her Highnesse owne person could endure the same so long vncancelled and vnrepealed especiallie the same being most presudiciall to their regall crownes and dignities For first by the vertue of this statute it is enioyned the Archbishop and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for any cause or matter repugnant to the law of almightie God Secondly it is permitted vnto the sayde Archbishop and his successours by their discretions to graunt vnto the kinges Maiestie and to his heires and successours Kinges of this Realme all manner such licenses c. as heretofore haue bene accustomed to be 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 Maiestie of God or preiudice to hir highnesie prerogatiue cannot possible establish a sound and perfect lawe For first in as much as the Popes person was neuer duely 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 Againe In as much as the truth of the Gospell warraunteth vs that symony â—sury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and tymes not eating of flesh in Lent and such lyke are against the Law of God it is euident that dispensations graunted at that time for these and such like thinges at the Sea of Rome were graunted in causes and matters repugnant to the law of God and so by the former braunch of this statute being precisely dissalowed cannot by the Pag. 1 37. second braunch of the same bee generally approued For how can one and the selfe samelawe forbid and commaund thinges so contrary and repugnant in themselues Or how can the Archbishop safely ground his iurisdiction vpon a law so contrary and repugnant vnto it selfe If the Archbishop shall thinke that these two braunches may be reconciled and that the meaning of the former may and ought simply to be vnderstood as the words them selues import and that the second braunch may and ought to be vnderstoode to bound and limite such an authoritie to him selfe as whereby he might graunt such licenses as were had and obtained at that time at the sea of Rome for matters not contrary or repugnant to the lawe of God yet neither by this interpretatioÌ„ is yâ— Archbishop truely intituled vnto any authority thereby to dispeÌ„ce for symony nonresidence many benefices marriages in Lent c. in as much as such maner of licenses obtained at yâ— time at the sea of Rome were obtained for matters repugnant vnto the law of God and contrary to the truth of the doctrine of the Gospell and so by this starute
thus Pag. 18 1 Whosoeuer taketh vpon him the office of a teacher amongst the people of God ought alwaies to attend to reading to exhortation and to dwel in the same Pag. 18 2 But the Minister taketh vppon him the office of teaching amongst the people of God 3 Therefore he ought to attend to reading to exhortation and to dwell in the same 1 He that taketh vpon him the office of a teacher amongest the people of God ought to bestow his labour in preaching and in doctrine 2 But a Minister hath taken vpon 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 PRIOR AVTEM c. Let the Prior in comparison of the Ex de statut Monacho c. cum ad Moenasterium § prior rest next after the Abbot be a man of power as well in deede as in worde that by his example of life and worde of doctrine he may instruct his brethren in that which is good and draw them from euil 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 obedieÌ„t to the faith and correcteth or improoueth the disobedient must be mightie in word and deede 2 But euerie Minister ought to cherish and comfort the obedient to the faith and to correct improoue the disobedient 3 Therfore euery Minister ought to be mightie in word deed Pag. 19 ANd therefore sithence both in this and in the former constitution the lawe-maker abused the worde of the Lord and applieth it to haue people taught false religion I meane Popish religion for that was the intent of the decrees And seeeing the Chaplaine of the diuell applieth the truth to establish his diuellish doctrine and vnder colour of veritie were so carefull to feede the soules of them that beare his markes with errour superstition and false religion Popish religion Seing I saie the superstitious law maker was so carefull for his superstitious time Our chiefe Prelates who haue not yet abandoned the pollicie of this traiterous law-maker as perillous for the gouernement of the state of the Lordes houshold ouer whom they challenge the gouernement but with tooth naile maintaine this his pollicie to be a pollicie meete for the Lords seruaunts to be guided by what can they ansâ—ere in defence of their wilfull disloyaltie to the Lord in this behalfe The lawe which the enimie vnto the Lord did make in the time of Popery for maintenaunce of popish procurations popish dispensations popish ceremonies popish non residents popish excommunications popish visitations popish paiments of oblations popish courts of faculties popish licences the very same laws and the selfe-same ordinances to serue their owne turnes they turne to the maintenaunce of their prelacies dignities and ministeries vnder the Gospell A reason of these their doings if they were demaunded I coniecture would be this namely that a law appointed by the aduersarie to abuses hauing good grounds may be applied to good vses and that it is not executed now any more as the popish law but as the law appertaining to her Highnesse crowne and regall dignitie being established by the high court of Parlement Pag. 20 Wherein touching the former they saide somewhat if the matter did consist inter pares and not the most highest as it were accusing him that he had not dealt faithfully in his fathers houshold giuing them as perfect a law for the gouernment of his houshold by discipline as by doctrine And yet by their leaues why then should not this law of the enimie last specified nay rather now their owne law hauing better grounds and better reasons for the validity thereof than the lawes mentioned before concerning their prelaties and dignities c. Why I say should not this be as auaileable with them now to exhort the people vnto the truth as it was with the idolaters to exhort vnto lies to dehort now from popery as it was then from the Gospell 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 pietie and holie 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 then to comfort and cherish the disobedient to infidelitie and Paganisme Touching the Acts of Parlament sithence they chalenge by them immunitie for the confirmation of their abuses it were requisite for them to giue the seruaunts of the Lorde leaue a little to chalenge as great a priuiledge by the same for the stabishment of the right vse of things through their default yet amisse and out of frame with vs. If the cause of the former in truth and veritie be as good as the cause of the latter in shew and semblance onely yea if it be far better for theirs in truth is starke naught the law authorize for the one indeed that that the same law in appearance onlie approueth for the other If for their fellow seruants sakes they will not be more fauorable vnto their Lord maisters cause yet were it expedient for theÌ„ to be intreated to be more fauorable to the iustice equitie of their owne laws than continually by placing vnable men in the ministery thereby as it were accusing the same of imperfection and insufficiencie Pag. 21 as though it tollerated anie such thing when as in truth it doth nothing lesse euermore speaking as followeth Pag. 22 VERVM QVI. A c. But because after Baptisme amongest Extra Cum de priuilegiis c. mtcr cuÌ„ctas § verum quia other things the propounding of the worde of God is most necessarie vnto saluation whereby the hearers hearing that which is our victorie be instructed in the faith be taught to flee things to be auoided and to followe things to be followed by which such as by sin are fallen do rise againe wee haue great care that such brethren be promoted which by sweete oile of the worde may comfort our subiectes may forbid them sinnes may nippe the wounds of their sins by reprehension and may prouoke and induce them to purge and wipe their offences with bitternes of repeÌ„tance 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 Priests keepe knowledge and they search the law at his mouth For otherwise he can not as his duetie is discerne betweene sinne and sinne c. All which decrees of
Touching the first protestation to be made promised and subscribed by them that shall hereafter be admitted to any office roome or cure in any Church or other place Ecclesiastical contained in these words in the booke of aduertisements In primis I shall not preach or publikely interpret but onely reade that which is appointed by publike authoritie without special licence of the Bishop vnder his seale though her Maiesties most excellent name be vsed by the publishers of the sayd aduertisements for confirmation of them and that they affirme her M. to haue commanded them therevnto by her highnes letters yet because the booke it selfe commeth forth without her M priuiledge and is not printed by her M. Printer nor any in his name therefore it carrieth no such credite and authoritie with it as wherevnto her M. subiects are necessarily bound to subscribe hauing other lawes and other Iniunctions vnder her M. name and authorized by her M. priuiledge contrary to the same For her M. by her Iniunctions commaundeth euery Minister to preach within his owne cure without licence as before you haue heard But let vs goe forward It hath bene shewed before that euery one to be made a Deacon or a minister ought be to called tried examined knowen to haue such qualities as were requisite that mention also hath bene made of yâ— face of a church of the Latine tongue of many other circumstances necessary to that action all which things set downe rather generally then particularly described require a larger discourse Panormitan yâ— doctors vpon yâ— ciuil canonical law haue these coÌ„clusions Pag. 49 Statuta debent interpretari secundùm ius commune siue debentinterpretationem â—x n. â—a dictâ—â— de consuâ—tâ—â— nu 22. recipere à iure communi statuti verba dubia debent interpretari vt minùs laedat ius commune quà m sit possible Statutes ought to be interpreted according to common lawe or statutes ought to receiue their interpretation from common law and doubtfull words of a statute ought to be so construed that they be as little preiudiciall to the common lawe 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 shall require a calling a tryall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kind of calling of tryall of examination and such qualities c. that then such manner of calling of tryall of examination and such qualities are required 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 duetie to conceiue their meaning to the best and most agreeable to their profession I say that they meant herein onely such calling such tryall 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 orderings and also by the Scripture read for that purpose The prayer followeth Almightie God which by thy diuine prouidence hast appoynted diuers orders of Ministers in the Church and diddest inspyre thyne holy Apostles to choose vnto this order of Deacons the first Martyr S. Steuen with other mercifully behold these thy seruaunts now called to the like office and administration Pag. 49 replenish them so with the truth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorye of thy name and profit of the Congregation thorough 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 tongued not giuen to much wine neither greedy of filthy lucre but holding the misterie of the faith with a true conscience And let them first be proued and let them minister so that no man be able to reproue them Euen so must their wiues be honest not euill speakers 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 housholds For they that minister well get themselues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the sixt of the Acts. Then the twelue called the multitude of the Disciples together and sayd It is not meete that we should leaue the word of God and serue tables wherefore brethren looke ye out among you seuen men of honest report and full of the holy Ghost and wisedome to whome we may commit this businesse but we will giue our selues to continuall prayer and to the administration of the word And that saying pleased the whole multitude and they chose Steuen a man full of faith and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas and Nicolas a conuert of Antioche These they set before the Apostles and when they had prayed they layd their hands on them c. Pag. 50 The Communion ended shall be sayd this Collect. ALmighty God giuer of all good things which of thy great goodnesse hast vouchsafed to accept and take these thy seruaunts vnto the office of Deacons make them we beseech thee O Lord to be modest humble and constant in their ministration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the testimonie of a good conscience and continuing euer stable and strong Fol. 1. pag. 8. in thy Sonne Christ may so well vse themselues in this inferior office that they may be found worthy to be called to the higher ministeries in the Church thorough the same thy Sonne our Sauiour Christ to whome be glorie and honour world without ende Amen The Epistle appointed at the tyme of ordering of Ministers shall be read out of the twenty chapter of the Acts. FRom Mileto Paule sent messengers to Ephesus and called the Elders Foâ—â— pag. â— of the Congregation which when they were come to him he sayd vnto them Ye knowe that from the first day that I came into Asia after what manner I haue bene with you at all seasons seruing the Lorde with all humblenesse of minde and with many teares and temptations which happened vnto me by the layings awaite of the Iewes because I would keepe backe nothing that was profitable vnto you but to shew you and teach you
openly thorough euery Pag 3. 51. house witnessing both to the Iewes and Greekes the repentance that is towards God and the faith which is toward our Lord Iesus And now behold I goe bound in the spirite vnto Ierusalem not knowing the things that shall come to me there but that the holy Ghost witnesseth in euery citie saying that bonds and trouble abide me but none of these things moue me neither is my life deare vnto my selfe that I might fulfill my course with ioy and the ministration of the word which I haue receiued of the Lord Iesus to testifie the Gospell of the Grace of God And now behold I am sure that henceforth you all thorough whome I haue gone preaching the kingdome of God shall see my face no more Wherefore I take you to record this day that I am pure from the bloud 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 Ghost hath made you ouerseers to rule the congregation of God which he hath purchased with his blond c. Or else the third chapiter of the first Epistle to Timothie THis is a true saying If any man desire the office of a Bishop he desireth an honest worke A Bishop therefore must be blameles the husband of one wife diligent sober discreete a keeper of hospitalitie apt to teach not giuen to ouermuch wine no fighter not greedy of filthy lucre but curteous gentle abhorring fighting abhorring couetousnesse Pag. 5â— 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 how shall he care for the Congregation of God He may not be a young scholler least he swell and fall into the iudgement of the euill speaker He must also haue a good report of them which are without least he fall into rebuke and snare of the euill speaker After this shall be read for the Gospell a peece of the last chapter of Matthewe THen Iesus came and spake vnto them saying All power is giuen vnto me in heauen and in earth Goe ye therefore and teach all nations Baptizing them in the name of the Father and of the Sonne and of the holy Ghost teaching them to obserue all all things whatsoeuer I haue commaunded you And loe I am with you alway euen vnto the end of the world The praier vsed by the Bishop in the ordering of Ministers Pag. 56 ALmightie God giuer of all good things which by the holie spirite hast appointed diuers orders of Ministers in the Church Fol. 11. pag â— mercifully beholde these thy seruauntes nowe called to the office of Priesthoode and replenished them so with the trueth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorie of thy name and profite of the congregation through the merits of our sauiour Iesu Christ who liueth and raigneth with thee and the holie ghost world without end Amen These praiers and places of Scripture appointed by the whole consent of the realme to be made and read at the time of making Deacons and 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 and as they praie might be placed But suppose that they being not so faithfull to the Lorde as were expedient for them account not the Lordes waies to be the best waies his councels not to be the wisest counsels to interprete the meaning of the statute because they are such waies as wherein the Lordes seruants applie them selues precisely to walke and therefore ignominiously are termed Precisians Suppose this I saie yea and suppose that they haue preferred their owne inuentions and set the consultations of the grauest Senatours and wisest Counsellours and chiefest Rulers of the land behinde their backes yet if reason might haue ruled them and their will might haue beene no lawe there was and is an other manner 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 sequel of their proceedings and partly by their owne records appeareth was neuer or very seldome vsed by any of them The manner of calling ought to haue beene thus QVANDO EPISCOPVS c. When the Bishoppe The 〈◊〉 of calling is disposed to make an ordination all they which wil come to the holy ministerie the fourth daie before the ordination are to be called to the Citie togither wivh the Elders which ought to present them And this kinde of calling is a solemne publishing the Bishops purposes either by some processe openly fixed vpon the doores of the Cathedrall Church or proclaimed Voce Praeconis by the voice of an Apparatour to make the Bishops intent knowneâ— Pag. 54 that happily such a day he wil make Deacons or Ministers and therefore citeth such to be present as wil offer themselues meete men for that seruice Which manner of calling is briefly also commaunded by order and forme of the booke of ordaining Ministers First when the day appointed â—ol 2 p. 2. 27. Article by the Bishop is come c. And in the Articles of religion the selfe same is expressed It is not lawfull for any man to take vpon him the office of publike preaching or ministring the Sacraments In the title Articles for certaine orders in ecclesiasticall pollicie The manner of triall in the congregation before he be lawfully called and sent to execute the same In the Aduertisements likewise you haue these wordes First against the day of giuing orders appointed the Bishop shall giue open monitions to all men to except against such as they know not to be worthie either for life or conuersation The manner of triall followeth and ought to be after this sort Pag. 55 ET TVNC EPISCOPVS c. And then the Bishoppe 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 ordained their kinred their Countrie their age their bringing vp the place where they were borne whether they be learned whether instructed in the law of God whether they firmely holde the Catholike faith and in plaine words can vtter the same and they to whom this charge is committed ought to take heede that they doe not for fauour or for desire of reward decline from the truth to present anie to the handes of the Bishop either vnworthily or not meete to take holie orders And therefore let them continually three daies togither be examined and so on the sabboth in the which they are approoued let them be presented vnto the Bishop Out of the constitutions of
teaching that the princes of Iudah and Ierusalem should cast away the rich ornaments of gold as a menstruous cloth did stay himselfe with the publishing of this his doctrine he onely reformed himselfe 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 words in your eares he hath sent me to prophesie against this house and against this citie all the things that ye haue heard Pag. 94 as for me behold I am in your hands doe with me as ye thinke good and right And though Iehoiakim the King with all his men of power the Priestes and the Prophets sâ—ewe Vriah with the sworde yet ceased not Ieremiah to stande in the Court of the 2. King 2â— â— Lords house to speake vnto all the cities of Iudah all the words that were commaunded him to speake and kept not a word backe 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 Lord that he the King and the Priestes and the Prophets and all the people both small and great shoulde walke after the Lorde and keepe his commaundements and his testimonies and his statutes with all their heart and with all their soule And that the King commaunded Hilkiah the high Priest and the Priestes of the second order to bring out of the Temple of the Lorde all the vessells that were made for Baal and for the groue and for all the hoste of heauen and that He 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 should 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 regencie Pag. 93 And Asa 2. Chro. 15. brake downe hir Idoll and stamped it and burnt it at the brooke â—idron and King Asa did all these thinges at the counsell of the Prophet Neyther can the holie doctrine of the Gospell be sayd to be repugnant herevnto God is euermore one and the selfe same God in all ages he is euermore the author of peace and order not of discord or disorder If therefore the Lord haue not yet graciously opened hir Maiesties eies to vnderstand all and 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 blots in the raigne of good Kings in the time of the law or if he will that the aduersaries of Iudah and Beniamin hire counsellers to trouble their building hinder their deuise all the daies of Cyrus or if he will the Temple to be built in the daies of Esra the chiefe Priest but the walles to be reedified by a Eliashâ—b and his brethren or if he will haue his Church tary his holye leasuâ—e and appointed time or if he haue any other glorious purpose to worke in our dayes by her Highnesse what is that to him that is a Minister of the Gospell Onely it behoueth him to be a faithfull Steward in his function For an woe hangeth ouer his head if he preach not because necessitie is layd vpon him And let him be assured that whatsoeuer is either bound or loosed by him in earth the same is bound and loosed by the Lord in heauen The repentant and faithfull shall be forgiuen the obstinate and impenitent shall be hardened And thus hauing deliuered my mind touching these things which otherwise by sinister construction might haue bene daungerous to my selfe and offensâ—ue 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 requisite that euery one moued inwardly by the holy Ghost and outwardly called and appoynted by the Bishop hauing authoritie by the order of this Church of England in this behalfe is Pag. 96 in deede and by lawe a Minister First because he is in deede and truth a Messenger sent and appoynted to this office by the Lord himselfe Secondly he is a Minister by the lawe of this lande For the state of this man learned qualified and inwardly called and the state of the vnlearned and vnqualified and not inwardly moued differ as much as light and darkenesse 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 lawe it selfe requireth should be in him and so the ende of the lawe satisfied in that behalfe in this case and for this man there is a presumption Iuris de iure of lawe and by lawe that in his outward calling and tryall c. all things required by lawe were accordingly performed by the Bishop and so he a lawful Minister But touching the other man it is quite contrary and therefore this presumption by law must cease For where his life his learning his conuersation doe appeare manifestly â—los extrauag de prebend cuÌ„ secundum As postolum ver â—eeat to be vile corrupt and vnhonest and not such as the lawe requireth and so the lawe frustrated in this case there is a presumption Iuris de iure of law and by law 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 falshood expressed are good and to be obeyed but if afterwards either of these appeare they shall be accounted surreptitious and voyd A Bull or dispensation from the Pope authentically sealed is presumed to haue beene gotten bona fide in good faith but if in the tenour thereof appeare false Latine it is then presumed to haue beene obtained per surreptionem A sentence giuen by a Iudge is presumed to be a iust iudgement and euerie one for the authoritie and reuerence of the Pag. 97. 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 manner if a Bishop should make an hundred ministers in one day for the authoritie
as in those cases alledged there an inference cannot be brought from one to another bicause in penalties we argue not to the like by like for d De paenit dist 1. §. paene 10. And. super gl ita c. si postquam de elect in 6. penalties go not beyond their owne proper case But to put this matter quite out of doubt and to shew the vanitie of this kind of reasoning once for all it is well knowne to those who are but meanelie studied in lawe that e L. non possunt 12. cum l. sig l. 27. 32. ff de legibus although the rule be that Where the same reason is there the lawe also is the same yet euen then when a difference can hardlie be taken and alledged this rule hath manie limitations namelie where some speciall lawe is repugnant to the argument drawne from the identitie of reason For as f Aristot li. 2. Rhetor. ca. de solutionibus Aristotle saith It is no inconuenience for two probable matters to be contrarie the one to the other For there is lesse authoritie in arguments than in lawes bicause right is g L1 ff de reg iuris l. 5. ff de probat not to be established out of generall rules but from especiall and particular decisions of lawe For if right should not be gathered out of lawes but from discourse of reasoning and from generall rules which be gathered vpon the lawes then would the law be not onelie infinite but also vncerteine yea and contrarie in it selfe bicause the rules of law be almost infinit and one reason may easilie be insringed by another reason And in this respect Tullie * Li. 1. de oratore saith In the ciuill law we are taught not by disputations to and fro which be infinit and full of alteration but by the authoritie and direction of lawes Also this rule holdeth not * L. 7. si pupillorum §. si praetor ff de rebus minorum where a man is adiudged or decréed touching some certeine persons for such a decree is not to be drawne to all cases which be alike Lastlie this reasoning and interpreting any case by a like lawe vpon the simsâ—itude of reason in them both is onelie * L. 11. Pomponius ff de praescriptis verbis L. 2. §. sed quia C. de vetcri iure enucleando L. 11. §. cum igitur C. de legibus permitted to him that hath soueraigne authoritie and rule and not to those that onelie haue single iurisdiction but much lesse to him that hath neither of both Neither is our authors intent any thing holpen by Bartol vpon L2 ff de ijs qui notantur infamia bicause he hauing there shewed that there is one degradation of souldiers or knights verball and another reall and when two processes and when but one to that purpose are required he saith Those things which I haue said of the degradation of soldiers the same is also to serue about degradation of doctors and clearkes not noting that for the like offenses they all are to be deposed but that the like maner of processe is appliable to them all As for that which is said that He which vsurpeth the ensignes or armes of a doctor being none is guiltie of forgerie can no waie serue for punishing such as haue the outward calling into the ministerie how vnworthie soeuer but such as doo vsurpe that calling without any externall calling whome other * Ext. de clerico non ordinato ministrante Canons more pregnant than this lawe dooth sufficientlie méet with 34. Section Pag. 71. NDw at the last our author hauing quit himselfe like a man and prooued sufficientlie at the least in his owne conceit all ministers to be vnworthie and to deserue in that respect depriuation which cannot preach least perhaps the magistrats though being by him so fullie persuaded should neuerthelesse faint in this action as not knowing what course to take in the maner of procéeding against them he verie gentlie taketh the paines to tell them out of Panormitane how they may safelie procéed to depriue them for their ignorance and want of learning But he maketh his processe to reach vnto those onelie who neither haue read any bookes of learning nor haue béene taught by others reading vnto them though his intended purpose was to disable all notwithstanding they had both read priuatlie and heard others in diuerse sorts of good learning if they were no preachers And therefore he calleth all such Idols dumbe bare mumbling ministers and hirelings But it is better to heare the words of Panormitane himselfe than his falsified paraphrase Panor in c. vlt. de aetate qualitate vpon them Note first saith he that want of knowledge is a lawfull cause to depose a man from a Bishoprike and then is it said there is want of knowledge when he knoweth not Grammar Note also secondlie that knowledge is not gotten except it be taught by another or else he himselfe haue read bookes tending to knowledge And so this maketh against them that will pretend to learne both without a teacher and without bookes and heere of you may gather the practike of deposing a man in science ignorant bicause it is sufficient if the witnesses depose that he neuer read any bookes nor euer went to schoole or heard anie reader or teacher So that we may easilie perceiue Faâ—â—â—fication by the author our authors falsification hereof when as he by his translation of Panormitane omitteth wholie that Want of knowledge is ignorance in Grammar and maketh both the priuate studie and the hearing of a teacher to be â—â—intlie requisite for the escaping of this ignorance wher as in truth Panormicane requireth but either the one or the other to this purposâ— and therefore with the coniunction and taken coniunction non diuisim Panormitane saith A man cannot learne without a teacher and without bookes both as plainelie appeareth by the disiunctiue following whereof if any part be true all is true Also Panormitane speaketh here not of euerie inferiour minister but of a Bishop nor of want of any other knowledge but of Grammar And least of all by him is it reguired as our author séemeth to doo that a minister should learne that strange booke Of controuersies of the gospell Whereby may appéere that it is but a loose vnperfect rule to mesure out a ministers learning or abilitie by when no greater stuffe than Grammar is necessarilie required of a Bishop And therefore the same author in * In. c. nisi Ext. de renuntiatione another place saith A competent or reasonable knowledge is sufficient in a prelat neither is it any lawfull cause to resigne and giue place to another if he want an eminent skill And againe What ibidem if a prelat be ignorant but be such as may easilie learne The glosse saith he may learne and then licence to resigne shall not be granted and to
the golden calfe and yet was not vpon his repentance put from his priesthood Likewise by Peter whose reuolt and tenâ—porarie apostasie in denieng his maister Christ was no lesse hainous than the sinne of our idolatrous priests who for the most part sinned but of ignorance in that generall blindnesse and to the like end also * c. vt constitueretur 50. dist ex Aug. ad BonifaciuÌ„ this example is else-where alledged Likewise Augustine afterward a famous Bishop was by the space of manie yeares a detestable Manichee as he witnesseth of himselfe Also Tharasius the patriarch in the councell of Meldis being the seuenth councell propounded thus to the whole councell Dooth * c. conuenientibus 1. q. 7. ex concilio Meldensi siue septima synodo it please you that those which haue returned from heresie shall reteine their former roomes The holie moonkes answered As the sixe generall councels haue receiued those which haue returned from heresie so doo we receiue them And the whole councell answered It pleaseth vs all And Basilius the Bishop of Anchyra Theodorus the Bishop of Mirea and Theodosius the Bishop were willed to sit according to their degrees in their seates And a little before the said Patriarch saith Behold manie bookes of canons of synodes and of ancient fathers haue beene read and they haue taught vs to receiue those which returne from heresie if there be no other cause in them to the contrarie And the glosse * Gl. 1. ibidem there gathereth the whole summe of that action thus They decreed that they who returned from heresie were to be restored to their former estate so that in writing they doo renounce the heresie and make proprofession of the catholike faith But those are not so to be receiued which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes Againe saith * c. quod pro remedio §. similiter ibid. the canon Likewise by dispensation in the verie councell of Nice it was decreed concerning the Nouatians that vpon their returne againe to the church they might be receiued to orders There is also * c. quotienâ— ibidem set downe the forme of an abiuration for a Bishop returning from schisme Further Leo * c. maximum ibidem saith concerning a Donatist Although Maximus was vnlawfullie of a meere laie man ordeined suddenlie to be a Bishop yet if he now be no Donatist and be free from a schismaticall spirit we doo not thinke good to put him from that Bishoplie dignitie which but so so he hath attained Mention * Daibertuâ— ibidem also is made of one Daibertus which hauing taken order of deaconshop of one Nezelon an heretike which also had none other ordination but of an heretike was a fresh made a deacon not that the order was reiterated but bicause he could not be said to receiue that at anothers hands which the partie himself had not Augustine * c. ipsa pietaâ— in fine 23. q. 4. ex August ad BonifaciuÌ„ speaking of the repentant Donatists saith Let them haue a bitter sorowe of their former detestable errour as Peter had vpon feare of his lie and let them come to the true church of Christ the catholike church their mother and let them be clearkes and Bishops in that church profitablie which before carried hostile minds against it we doo not enuie them but we imbrace them exhort them and wish it of them and whome we find in the hedges and high waies we vrge to come in And the Decretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function but * c. ad abolendam when vpon the finding out of their error they shall refuse presentlie and willinglie to returne to the vnitie of the catholike faith And touching such * c. omn. 1. q. 1. c. si qui presbyteri 1. q. 7. canons as in apperance at the first séeme contrarie the * c. nos consuetudinem dist 12. glosse verie truelie reconcileth them together saieng By common right none that returneth from heresie may be ordeined but such are dispensed with as when they are suffered to be preferred to the lower orders 1. q. 1. c. si quis haereticae The dispensation is full when he may be made priest but no further 1. q. 7. c. conuenientibus It is more full when he may be made a Bishop but not a Primate as in this place it is most plentifull when he may be promoted to all other dignities 23. q. 4. c. ipsa pietas Yea besides the continuall practise and custome of this realme euen in hir Maiesties iniunctions made the first yeare of hir blessed reigne of Priests then which had but small learning and had of long time fauoured fond fantasies rather than Gods truth which must considering the time then néeds he vnderstood of massing priests it is affirmed that Their office and function is of God and therfore that they are to be reuerenced And the * 13. Elza cap. 12. statute cléerlie decideth the tollerating of all priests in their functions ordered neither in the time of king Edward nor in hir Maiesties reigne so they publikelie did testifie before a time there prefixed their vniformitie with this church in matters of religion By the practise of our church after God had opened their eies to sée the truth they were not onely tollerated but some of them aduanced by our godlie Princesse to the highest dignities in it And God did not onlie singularlie blesse their ministerie towards others but vouchsafed the persons of some of them the crowne of martyrdome Euen in the reformed churches of France thought of all other by our men most strict and woorthiest of imitation such as had béene popish priests as may appeare were tollerated to continue their function and to reteine their benefices being conuerted to the gospell CoÌ„me * Pierre Viret in Decalog ie ne veux c. As I will not saith Viret at all condemne the tolleration vsed towards such for christian charitie sake and bicause they should not bee driuen to despaire so would I also desire they should vnderstand that they may not hold those goods with a good conscience except they labour to the vttermost of their power according to the estate whereto God hath called them to the edification of the church and the releefe of the poore whose goods they inioy And to this effect he also speaketh more at large in an epistle written to the faithfull And it is conteined in the * La discipline eccles des esglises reformes duroyaulme de France art 2 3. discipline set downe by all the reformed churches of France that Bishops priests and monks conuerted to the gospell from Poperie might be assumed to the ministerie of the gospell after the confession of their faults and errors and good experience had of their conuersation and doctrine The like may be said of other churches abroad
which for their first planting vsed the ministerie of notable men which before had béene Massing priests Naie it were a manifest abridging of hir Maiesties prerogatiue roiall to bind hir Highnesse hands by such Canons if there were any from aduancing men in all other respects fit for the vse of the church being against both hir Maiesties owne practise and hir most excellent brothers the vertuous K. Edward So that we may conclude the truth of his Maior proposition is as good and no better than his dealing in the allegations for the proofe of it was plaine and vpright 37. Section Pag. 74 75 76. THose things which I haue afore alledged conteining particular decisions of lawe contrarie to his absurd and vncharitable assertion against penitent sinners I trust may satisfie our author séeing for feare of a rule not generall and with more limitations against it than with it he is content to let go his former hold For he saith though Manie things are not to be doone of vs which being once doone must stand yet the Massing priests might neuerthelesse and ought to haue béene secluded From the ministerie at the entrie of hir Maiesties reigne So that it seemeth he alloweth of their tolleration now to remaine in their roomes though by the waie he accuse both hir Maiestie and the whole state then Accusation of hir Maiestie and the state for want of discretion as not performing their duties herein and of vnaduised translating of the canon lawes vnto vs. And here againe he sheweth his great skill in Law and Logike when he would both haue had the canon law then wholie abrogated and yet by that law he would haue had such as had sometimes béene Massing priests and conuerted to the gospell debarred from the ministerie The * c. sollicitudinem Ext. de appellat ibi gl ver tanquam aduersa remissiâ—e lawe saith He that alledgeth contraries is not to be heard Therefore to helpe vp the matter fullie on his side he surmiseth by waie of admittance that They are idolators still or that they doo keepe backe from the people the word of God and therefore are to be remooued And it is a maruell that his skill in law was not such as to haue alledged for proofe hereof full wiselie Semel malus semper praesumitur malus But who art thou that thus iudgest another mans seruant who either standeth or falleth to his owne lord And who if either Their insufficiencie negligence contempt oridolatrous hearts may be duelie found out wherewith he chargeth them are not to be tollerated any more Railing against orders of the church in respect of their conformitie to weare cap and surplesse by law prescribed which I doubt not but vnder their persons be here ment to make absolutelie odious than his clients are to be borne with who in contempt of lawe doo swing vp and downe at communion and else-where onelie in their side cloakes more like ruffians and drouers than sage and staied ministers in a setled church And where he goeth about to heale that which belike he feared would be obiected concerning the * 2. Kings ca. 23. ver 8 9. priests of the high places whome Iosias brought out of all the cities of Iuda and suffered them to eate of the vnleauened bread among their brethren he is but afraid herein of his owne shadow for he seeth there are other more pregnant places a great deale FaluÌ„ficatioÌ„ to this purpose But here he hath also falsified the text in making these Priests of the high places the Priests of Baal whose priests are indéed spoken of in the fist verse and by calling the Vnleauened bread by the name of Tithes and offrings And here also by waie of recapitulation of that which had béene spoken foure or fiue pages before he flingeth backe againe to inforce the remoouing of a minister for insufficiencie or negligence as well as men in diuers other functions are for the like to be remooued which his reason is answered afore And at the closing vp hereof as Orators doo when at the first and in the end they set their most forceable persuasions to leaue the déeper impression he allegeth thrée lawes belike as the verie cutthrotes of all A permission was * L. 12. si quis cterialis C. de Epi. Cleric giuen vnto Decurions by Theodosius the emperour vpon relinquishment of their goods to become clearkes Which the emperours following thought good to abrogate by calling backe publike officers and ministers which either in regard of the troubles of such functions of superstition and admiration of that kind of life or for the enioyeng of the immunities of clearkes would leaue their former roomes destitute and procure themselues to be ordeined clearkes in some great church amongst other But I sée not what this may prooue sauing that princes heretofore haue made lawes to bring backe ecclesiasticall persons from the seruice of the church which vnduelie and with for saking of their former vocation they vndertooke As for bond men which by their maisters consent first taking vpon them to be Moonkes all which were in those * c. a subdiacâ—â— no 93. dist daies laie men did relinquish their solitarie life afterwards and therefore were brought backe to their old slauerie least they should reape benefit and their maisters by such collusion be damnified I cannot sée to what end it is brought but to make vp a number and to range in a ranke with the rest His last allegation here is his owne collection and not the law it selfe in either of the places quoted which prooue onelie that infamie which is Infamia iuris is sufficient cause of remoouing a man from an office of credit and saie nothing of hindering him to aspire to such a place as is here alledged although the law be elsewhere as pregnant for the one as for the other And though this be true and to be applied also to ministers yet is it not by force of these lawes onelie but by vertue of other Canons especiallie prouided for that end and purpose 38. Section Pag. 76 77. HEre he rangeth still further and further from his issue which is that such a learning as enableth a man to preach and none other is allowed of by lawe in a minister and would now forsooth prooue our ministers to be no ministers at all for that they are not made according to the forme and maner which the law prescribeth That they are not so made he leaueth as yet vnprooued and taketh it of the readers liberalitie as granted vnto him which neuer ment to ease him of that paines The reason of the consecution if they be not in that maner and forme made and ordered as is appointed that then They are no ministers in deed and truth but onelie in shew and appeerance hereof he thinketh may be established bicause the statute saith Those which be or shall be made deacons or ministers after the forme and order prescribed shall
memorie and vnderstanding he may not against his will be remooued but is to haue a Coadiutor assigned vnto him at his costs and charges Which thing euen the reformed churches of France in their discipline and policie doo reteine where they haue thus decréed * La discipline de France art 31. Mais ceulx ne seront c But such shall not be deposed which through age infirmitie or other like impediment shall become vnfit to execute their functions In which case their former estate shall be reserued and they shall be recommended to their owne churches to be mainteined and another shal be prouided which shall execute their charge The second part of his answer conteineth one of our authors riddles For what end I beséech you should a man Once allowed be allowed againe and yet disallowed Well the truth is that he was deceiued when he translated Probatus tried as though it had béene Approbatus allowed For * c. cum secundū ampl ver liceat Extra de pro. dign Salsification detected the glosse which detecteth his craftie packing in his answer for which end also he was vnwilling to quote it at all is in this passage thus If the superiour should write to the ordeinour he might not obiect any thing except that were expresselie set downe in the letters bicause he ought to hold them fit for a benefice whome he esteemed fit for orders c. accepimus Ext. de aetat qual But the successor may obiect And so he that was once Approbatus iterum probatur reprobatur allowed is againe tried and disallowed as the physician is Lvt gradatim § reprobari ff de muneribus honoribus c. And a little after saith the glosse But all this is but of fauour bicause we ought not to inquire often of one mans fact L. licèt in fine ff nautae caupones But are we not to presume for the sufficiencie of him that is ordeined An argument that we are is in C. post cessionem Ext. de probat Except the contrarie be prooued But whie should we take knowledge afterward of the ministers fitnes seeing the sentence of the Bishop wherin he pronounced him fit is alreadie passed into the force of a matter adiudged and ouer-ruled beeing not appealed from c. cùm dilecti Ext. de elect We must answer either that all this reexamining is but of speciall fauour or else that this inquirie is onelie made vpon some new cause afterward arising c. 1. Ext. de aetat c. Where we sée both the obiection he bringeth and his answer in part touched but not rested vpon For the glosse here plainelie decideth that a ministers former fitnesse is not after his ordeining no not by the successor of the Bishop that made him to be scanned vpon but either vpon some occasion afterwards newlie happening or by speciall grace or direction to the Bishop from the superior We sée also hereby his wrong translation his leauing out of some part and foisting in of other some and his wilfull falsification of the glosse to serue his turne and humor And to this decision of the glosse that a Bishop may not deuest one of his liuing in regard of insufficiencie that is once allowed agréeth Bartol as he is alledged by * Panor in c. vlt. infine Ext. de aetat qualit facit ad hoc c. accepimus Ext. d. Panormitane If saith Panormitane it be afterward spied out that the minister is verie ignorant may the Bishop take awaie his prebend Bartolus saith he may not Modò sciat officium so that he can saie masse and alledgeth to this end c. quando c. qui ipsis c. sequens 38. distinct And therefore to conclude as the author dooth but yet to another end it behooueth all that be in authoritie in manie respects to sée hir Maiesties lawes strictlie executed against such yokelesse and fanaticall spirits as this who vnder colour and pretense of lawes in force which he cannot prooue otherwise than you haue heard dooth inforce most dangerous innouations in this church and most dishonorable to hir Maiesties renowmed gouernement hitherto as well for matters as persons ecclesiasticall who debaseth with might and maine and whetteth mens toongs at the least against all that execute or conforme themselues to hir Maiesties godlie procéedings in church gouernement and externall policie who magnifieth and extolleth the contrarie faction and who not obscurelie Slilie or couertlie but euen plainlie notwithstanding his apologie now insuing bereaueth vs as much as his poore spite will serue him almost wholie of a lawfull ministerie in England And I praie God that by better weights than these which he bringeth and by a more exact touch both the sufficiencie of our ministers may be tried and also for the better incouragement of more able men for that function hereafter the liuings allotted to the ecclesiasticall state may rather be increased than by corruption and sinister deuises gelded and shredded by foxes and wild bores out of the wood that destroie the vineyard and by Nimrods and mightie hunters of Gods people For it hath béene and alwaies will be true Honos alit artes And where rewards of learning doo in number or quantitie decaie there learning it selfe will not with like alacritie to any ripenes be pursued The want of which rewards of learning in that respect with lamentable experience and too late repentance some countries alreadie doo taste and are like more and more to feele hereafter 46. Section Pag. 92 93 94 95. NDw as though some other better staied man pitieng the former follies and vndutifull lauish speaches of our anthor and seeking to qualifie them in part as not so hardlie ment as the words doo import had stepped héere into plaic and taken the matter in hand are we come to a more calme and temperate apologie not so much of any good loue as for feare it Might otherwise be vnto him dangerous as well as it is offensiue to others Whereby for the wounding of manie weake consciences readie to take offense vpon lighter occasions than these for the calling of the whole state ecclesiasticall into hazard of their ministerie and liuings we shall haue of him onelie a plaister of a few glosing words to make amends for all Nothing else but protesting in effect that he is not so farre gone in these conceits as some of the same haire are who doo run so far that except they quicklie staie they may perhaps with good desert run themselues of a sudden out of breath I will therfore bréeflie examine how he auoideth that which hath béen so necessarilie gathered of his former spéeches which is that according to his construction it may happen euen the best men we haue to be destitute of any lawfull calling into the ministerie But in this section before he come so farre he maketh a kind of confession whereby he séemeth fit to be taken at his word as being presentlie in a reasonable good mind First He confesseth wee
hath told vs in his booke a Pag. 19. that Our cheefe prelats haue not yet abandoned the policie of the traitorous law-maker that it is perillous for the gouernement of the state of the Lords houshold and not meet for the Lords seruants to be guided by that they vse wilfull disloyaltie to the Lord that the procurations dispensations ceremonies non residence excommunications visitations paiments of oblations courts offaculties and licences are mainteined onelie by the popes lawes and are all popish b Pag. 19 20. that the applieng of that to good vses which hath beene abused dooth accuse the sonne of the most highest that he hath not dealt faithfullie in his fathers houshold by giuing them as perfect a law for the gouernement of his houshold by discipline as by doctrine c Pag. 20. that for their fellowe-seruants sakes they ought to be more fauourable to their Lord and maisters cause d Pag. 30. that they doo execrablie mocke and delude the Lord to his face e Pag. 35. that a Bishop and minister ought so to minister the discipline of Christ as the Lord hath commaunded though the lawes of the realme should not haue receiued the same f Pag. 36. that no discipline in truth can be said to be the discipline of Christ vnlesse it be indeed ministred as the Lord Christ hach commanded the same should be ministred that g Pag. 36. it is vtterlie vntrue to say that our discipline vsed in the church of England is in verie deed the verie same discipline which the Lord Christ hath commanded h Pag. 37. that the saints of God and loyall subiects to hir Maiestie calling for discipline commanded by the Lord and in truth established by the lawes of hir Highnesse empire haue open wrong and intolerable iniurie offered at the cheefe prelats hands i Pag. 20. that the law dooth indeed for them authorise that which the same law in appearance onelie approoueth for the other k Pag. 53. that the chéefe prelats are not so faithfull to the Lord as were expedient for them that they accompt not the Lords waies to be the best waies his counsels not to be the wisest counsels to interpret the meaning of the statute bicause they are such waies as wherein the Lords seruants applie themselues preciselie to walke and therefore ignominiouslie are termed Praecisians l Pag. 62. that the statutes of the realme giue to all the faithfull of the land an interest in choise and allowance of their pastors m Pag. 74. that at the entrie of hir Maiesties reigne the whole maner of the gouernement of the synagog should haue beene altered n Pag. 74. that at that time their lawes were vnaduisedlie translated from them vnto vs o Pag. 91. that they which be called Puritanes make conscience not to offend God in any small thing p Pag. 91. that for their conscience sake they are thought worthie to be whipped and excommunicated q Pag. 263. that it is a matter worthie inquirie whether the pastor of euerie congregation be suffered to execute the discipline of Christ authorised by Act of parlement r Pag. 264. that those who haue spoken touching matters onelie of discipline and ceremonies wherevpon before Bishops they are sifted with othes haue spoken or preached out of the word of GOD the truth of God touching the same s Pag. 227. that the freends of reformation are greater freends and mainteiners of hir Highnesse prerogatiue than the other be t Pag. 231. that the enimies of reformation are enimies to hir Maiesties prerogatiue u Pag. 228. that they onelie execute such iurisdiction as by popish constitutions or popish customes hath beene heeretofore annexed vnto their dignities and that by an vtter enimie to hir royall person state and gouernement k Pag. 238. that the popish ecclesiasticall law ought to be abandoned and as a froth or filth to be spewed out of the common-weale * Pag. 238. that hir Maiestie can by no meanes more honour the Lord than vtterlie to abandon all semblance of any gouernment proceeding from an enimie and traitor to his Maiestie z Pag. 239. that for the gouernement of the church we haue the perfect and altogither righteous law of God to rule the same by Also * Pag. 95. by waie of supposall he séemeth to doubt that the Lord hath not yet gratiouslie opened hir Maiesties eies to vnderstand all and singular mysteries of his testament that blemishes and blots remaine that aduersaries to the people of God doo hire councellours to trouble their building and deuise all the daies of Cyrus that the walles are to be reedified by some Eliashib that the church must yet tarrie some leisure and that it may be some other glorious worke is to be doone in our daies by hir Highnesse with infinite such like saiengs procéeding from the said puddle of pride faction rancor and disloialtie Wherevpon we may gather besides his vnthankefulnesse to God and vndutifulnesse to hir Maiestie by whose ministerie God hath singularlie blessed vs besides his boiling malice against the state ecclesiasticall his factious gréedinesse of innouation and his schismaticall titles of glorie laid with a kind of peculiar prerogatiue vpon those who impugne lawes vnder colour of their wished reformation that he is persuaded and so would haue others to be both that diuerse points of their new church-plot are by lawes of this land established which yet are kept from them by strong hand and also that there is some perfect exact and set order of all externall policie concerning ceremonies and discipline in all church matters prescribed by the commandement of Christ which is not yet by law established as it ought to be and from which in the meane time this church of England wholie dooth varie That he thinketh they are debarred of some thing which they wish and ought by law to enioy it may appeare partlie by some of his spéeches aboue mentioned but more plainelie * Pag. 92. where he calleth for certeine Orders and lawes to be put in practise which the magistrats haue made that such as speake for them preach for them call for them and write for them may be no more controlled c and that they may either be mainteined as lawes or else he and others be deliuered from their duties in desiring their execution and obeieng them which they could hitherto neuer be brought to obeie or like of And * Pag. 105. likewise where in the verie end of his first treatise he praiseth certeine Lawes as wholsomelie prouided against wilfull law-breakers Which lawes by him ment if they be declared in particular I hope they haue bene sufficientlie spoken vnto alreadie But if any of them which he so commendeth be parts of the Canon law then he is to be praised for a man of a good nature which after his furie being ouerpast which belike hath Dilueida interualla will
election as he himselfe obserueth * yet bicause Ibid. cap. 20. some was of opinion that in all elections we were to vse lots he refuseth their iudgement and saith that this is neuer to be vsed but when there is such an equalitie of all sides that otherwise it cannot be iudged which of manie ought to be preferred Furthermore our reformers by the drift of their spéeches deliuered in their bookes doo seeme for the most part to attribute the remoouing of the pastor or of any other church-officer to the presbyterie but * La discipl de France art 34. the Discipline of France adioineth to the Consistorie in this action the next Conference or vpon want thereof two other pastors not suspected Naie themselues doo establish a difference according to the diuersitie of times in their owne elections For they saie that In those places where * Des anciens diacres 〈◊〉 1. la disci de France their order is not yet established both the deacons and anciens shall be chosen by the common voices of the people together with their pastor but where the order is established there they are to be chosen by the Consistorie together with their minister By which words also it seemeth to me that in elections of ecclesiasticall officers they doo yeeld to their ministers a negatiue voice against all the rest Againe Our reformers doo earnestlie tell vs that the people are to giue their consent in all their elections and censures but * Lâ— confutaâ—ion de la dis ecclesiast some in France that like of that gouernement doo hold that it is not requisit Againe it is an vsuall practise among some of our mislikers vpon any discontentment or peraduenture vpon delight in some other trade of secular life to picke a quarell to giue ouer their calling insomuch that some of them haue deliuered it as sound doctrine that they might as lawfullie as any other merchants change their copie and betake themselues to a secular function But this is vtterlie condemned by the discipline of France where they saie * La discipl de France ar 10. that Those which be once chosen to the ministerie of the word ought to vnderstand that they are chosen to be ministers their whole life through if they be not thereof discharged lawfullie vpon good reasons and considerations yea and that by a prouinciall councell And as touching such as forsake their ministerie they shall be finallie excommunicate by the prouinciall synod if they repent not Now touching the inflicting of ecclesiasticall censures there is also some varietie of iudgement Our men as you haue heard require a consent or approbation of the people to such censures Ecclesiasticall as are to be imposed whereas the discipline of France * Des delinquans c. art 1. la disci de France requireth no such matter but appointeth three publike denuntiations by authoritie of the presbyterie to be made concerning obstinate offenders in the face of the church to see whether therby they may be called back to repentance before excoÌ„munication which at the last if the parties doo not submit themselues is to be pronounced by the minister after the said three publike intimations Likewise where vpon speciall occasion some minister is to be declared a Schismatike by that discipline none other are to * Art 5. la dis de France intermeddle therein but either the Conference or for want thereof three or foure other ministers of the next churches togither with the Anciens or Seniors of the said churches Neuerthelesse it is verie euident by * 1. ad Cor. â— scripture that S. Paule being absent did decree that the incestuous person should be excommunicate hauing there to neither publike denuntiation afore nor yet consent of anie other minister senior or deacon In * 1. ad Tim. 1 like maner did he alone excommunicate Alexander and Hymenaeus But the Abstractor both vtterlie against our owne Reformers and the discipline of the French church saith that * there is a Pag. 4 37. Discipline commanded by the Lord and in truth established by the lawes of hir Highnesse empire which * is Pag. 33 That euerie minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse So that he attributeth the whole authoritie of the presbyterie in matters of censure to the minister of euerie parish and the power giuen by others vnto the Conferences and Synods prouinciall he yeeldeth as it seemeth vnto the Bishop of the Diocesse There remaineth yet a little to be touched concerning as well the decision of all doubts which may arise touching doctrine or maners as also the making and establishing of lawes orders and ceremonies For doubts arising vpon matter of doctrine some of our plat-laiers doo make it as a thing incident to euerie presbyterie yet * Ad. 2. pa. 10 other of them doo reâ—raine it vnto the decision of a Conference consisting of Ministers And * Du consistoire art 10. la discipl de France the discipline of France dooth referre it both to the Conferences and the Synods determination yet so that the Ministers and Professors in diuinitie must onelie haue voices decisiue though the Anciens or Seniors may haue voices consultatiue and of aduise Neither is their agreement any better touching particular decisions of some points of doctrine For some of them doo mislike the orders of our church so farre that they thinke they may not lawfullie come to our ordinarie seruice nor communicate with vs for want of their dreamed of reformation but others though verie well disposed yet scrupulouslie affected in matters of no moment doo * plainelie testifie vnder Certeine godlie ministers their hands that this is schismaticall and that no man ought to sequester himselfe from the publike assemblies in respect of anie surmised inconueniences in our publike liturgie prescribed Againe some are of opinion as elsewhere before is alledged that Baptisme ministred by any not lawfullie called therevnto is wholie void but our Abstractor thinketh though manie of such as are commonlie reputed ministers are none indeed nor in law yet * that a Pa. 97. 98. 9â— common error conceiued otherwise of them shall make good and forceable the administration of sacraments and of other functions of the ministerie executed by them Also some of our Hot spurs cannot abide the hauing of godfathers and godmothers bicause they are not mentioned in scripture but the Discipline of France though it cannot * Du baptisme art 6. la disâ— de Franâ—â— exact them as of any necessitie being not commanded in the scripture yet dooth it verie well allow of them and establish their continuance Likewise * T. C. pag. 14â— some of our cheefe Reformers doo wholie mislike that baptisme vpon any occasion is ministred in a priuat place out of the church but the discipline of France thinketh this no vnlawfull thing and therfore aduiseth the minister
of France and their owne whole platforme doo permit a ciuill Magistrate reteining his former office to be chosen a Senior in their ecclesiasticall Presbyterie so to become an ecclesiasticall person yea they doo e Ibid. art 3. prescribe to their Ministers to make pasports for passengers from one church to another which is a ciuill dutie as may appeare by the like practise by Iustices of the peace with vs. And I praie you is not this a good conuersion and a sound reason Some ciuill magistrate lawfullie is an ecclesiasticall person and gouernor Ergo some ecclesiasticall person and gouernor lawfullie is a ciuill magistrate And if some may be so what prerogatiue may be alledged for anie one which may not be shewed for others Againe it is thought by our Innouators to be a great inconuenience to be barred from publishing what bookes concerning religion they shall thinke good which appeareth by their late practises and disobedience to lawes in this behalfe yet it was thought most expedient in the reformed churches of France to f Aduertisement art 11. la discipl de France forbid that Neither ministers nor any other should cause to be printed or any otherwise published any bookes compiled by themselues or by others touching religion without imparting the said bookes first to the Conference and if need were to the Prouinciall synod Also in the reformed churches there it g Des Ministres art 11. la discipl de France was thought most méet that Noble men and great Lords to the intent all occasion of diuision might be rebated should be requested that in those places of their aboad where there was a church reformed although their owne familie were so large that it might make a sufficient Congregation yet it would please them to ioine their familie with the Congregation of that place where they did remaine And amongest vs manie be so scrupulous that they thinke those words vsed in the ordering of ministers which Christ did vse in the like action to wit Receiue the Holie-ghost to be verie fowlie abused and prophaned yet in the a La maniere de la imposition maner of Imposition of hands ordinarilie obserued in the churches of France in the election of their ministers it is set downe that the said place of S. Iohn should be amongst other places at the said time and action repeated and treated of with that also which is annexed to wit Whose sinnes ye remit c. Likewise our Reformers of others are so unwilling to be reformed conformed or vniformed themselues that they thinke they are woonderfull hardlie dealt with and beyond all example of other churches to be vrged to subscribe to the articles and confession of religion and to the manner and forme of externall discipline and gouernement vsed in this church of England whereof they are ministers yet the church of France which is so admired by them and set as a samplar by them to be imitated and according to which for the most part they haue drawne out their platformes exacteth b Des Ministres art 5. la discipl de France of euerie one That hath beene chosen a minister by the people to subscribe vnto the articles of faith and to all the order of discipline agreed vpon amongst them which if he refuse to doo he is by the Conference or by three or foure ministers of the next churches togither with their Anciens to be declared a schismatike and the people is thereof to be aduertised to the intent they may auoid such a man Also c Ibid. art 9. those which be chosen ministers must subscribe to them both in the churches where they are chosen and also in the churches whither they are to be sent Likewise d Ibid. art 11. ministers in Noble mens houses though they haue none other care are tied to this subscription Againe a Des anciens diacres art 1. la discipl de France their Seniors and Deacons are also before their admission to their offices to subscribe vnto them both And b Des professeâ—â—s ibid. further euen their Regents and Professors in diuinitie are by them required to subscribe aswell as the rest And the like order is obserued as is notorious in the most or in all the reformed churches in Germanie In all which places as we may sée it is thought a great absurditie for a man to reteine anie ecclesiasticall function in that church vnto the orders of which by law duelie established he can not find in his hart to subscribe and condescend There is yet also another materiall difference amongst them to be touched For c De Polit. eccle Reipub some of them doo attribute equall authoritie vnto all the people in this their Regiment with the Presbyterie cleane contrarie to the most platformes set downe hitherto thereof And although as we haue now heard their varieties in iudgement be so manie and so manifold yet our men are so insolent against all other orders and formes of church-gouernement and so besotted in the loue and admiration of their owne impe which they haue begotten but not as yet licked into anie perfect forme that they dare condemne all churches which are not squared in externall gouernement according to their Lesbiall leaden rule which euerie one of them will wrest and bend as his fansie will féed him on So that one of them is not ashamed to saie d Admon 1. pag. 2. that As the estate is now of the church there can be no right religion Also e Admon 2. pag. 6. that The truth in a manner dooth but peepe out as it were behind a skreene And f Admon 1. pag. 2. againe We want in England a right ministerie of God Wherein he differeth from our Abstractor as much as the Abstractor in another place differeth from himselfe who is content to allow vnto vs some to be right ministers in déed Therefore considering the great benefits of almightie God of the true preaching of his word and due administration of sacraments which by hir Maiesties ministerie he hath in mercie farre aboue descrt powred vpon vs which these vnthankfull wretches doo thus abuse and extenuat in respect that they can not obteine their owne wils we may of them trulie verifie that saieng of Gualter which he spake * Gualter in 1. Cor. 11. against such like men All these things they esteeme as nothing except a new magistracie may be erected vnto whome it may apperteine not onelie to controll euen princes themselues but also to excommunicate them Now all these contrarieties and differences in iudgement concerning their deuised church-gouernement being well weied and considered I would aske of our Abstractor or anie other affected that waie which doo imagine as perfect a lawe for the gouernement of the church by discipline as by doctrine to haue bene deliuered by Christ vnto his church Where and in whose books that law is described and plainelie proued out of the word of God vnto
the least as is paid into her hanaper or were the Symoniacall person a pluralitie man and so depriued from all his benefices and Ecclesiasticall promotions her Nighnesse were then to haue the whole first fruits of all his benefices and promotions fortie times so much as she enioieth by graunting his dispensation And as touching the fees due for dispensations graunted for many benefices though the same fees may happily amount in some one yeare to manie hundreeds yet by meanes of the said dispensations her Nighnesse is empouerished yearely by mante thousands The oftener cuerie benefice or promotion is voide by resignation or depriuation the oftner to an other admitted vnto the same and the oftner doth her Nighnesse receiue the First fruits of anie such benefice Pag. 162 Now it is cuident that the conioining of two three foure or fiue thousand benefices or promotions vnto one thousand men by dispensations is a manifcst impediment to the auoiding of so manie incumbents from so manie benefices as which by death resignation or deprization of the saide incumbents might and were likely to be made voidt And so the said dispensations being an hinderaunce to the auoiding of benefices they must necessarily be also a verie direct meanes to keepe from her Exchequer that treasure that otherwise should ordinarily be brought vnto it And though by the death resignation or deprinatioÌ„ of euerie pluralitie man euery of his benefices be made void yet his said benefices are not so often made voide as otherwise they should be And therefore though her Nighnesse haue the first fruits of two three foure or fiue benefices in the handes of one Pluralitie man dying resigning or being depriued yet hath shee not the first of the saide beuefice so often as otherwise the might haue wherby her reue mues are lessened Since therfore for one maÌ„ to inioy many benefices by dispensatioÌ„ maintaineth couetousnesse is contrarie to the ancient Canons maintaineth ambition ministreth matter for a roaging a gadding a dissolute ministerie since it conueieth stipeÌ„ds due vnto many froÌ„ many vnto one since it is an hinder ance of residence and containeth perill of soules Since it is a kind of theft rauine spoile Since it is vndecent vncomelie Since it is contrarie to the good customes of the Church Since the honestie of the church therby is defiled the authoritie therof conâ—emned the truth of Christ troden vnder foote and loue banished Since among the rich Prelates and plurified men themselues strifes contentions â—raules and enuies arise and are nourished Since the fire of God his wrath is kindled against vs by them since it is against the lawe of nature repugnant to the lawe of God and therefore nourisheth a monster in nature Pag. 163 since it is against the weale peace profit and conseruation of the realme since it is against the vtilitic of the Church and that the nessitie of the Church requireth the cleane contrarie Since it is preiudicial and derogatorie to the iast Wils and Testaments of our auncestors since it is dishonourable and dangerous for her maiesties person and safetie since priuate necessitie and pouertie is no sufficient cause for the maintenance thereof Since the miserable penurie of our stipendarie Curates therby is made intollerable And againe since all these thinges are offensiue and that a Priuiledge so sonne as it becommeth offensiue and not exercised to the profit of many but to the will of one is forthwith to bee with drawen Since euerie Priuiledge ought to bee such that it damnifie none and since it forthwith looseth the name of a priuiledge if once it turne to anie iniustice since that nothing is more contrarie to naturall reason then that one and the selfe same man should take vnto himselfe diuerse stipends of the church in diuerse and farre distant places since it is against the pollicie of cuerie good common-wealth of man since it is contrarie to the gouernment of euevie good and prouident householder since it carrieth headlong the soules as well of him that giueth it as of him that taketh it to hell yea and since it is an impouerishing of her Maiesties treasure diminishing of her reuenues Let vs conciude for one man to inioy two or mo benefices by dispensation to be a thing altogether intollerable and vtterlie vnlawfull An answer to the second Treatise of the Abstract That dispensations for manie benefices are vnlawfull 1. Section Pag. 107 108. IF this conclusion for proofe whereof in this whole treatise he pretendeth to labour were granted vnto him as in part it ought to be though that be vntrue which he meaneth thereby might it not be said that either he knoweth not what he writeth or else willinglie spake vnproperlie to make the matter seeme more odious as though it were hoiden to be lawfull to dispense with a man for as manie benefices as he could procure For seeing in our common spéech howsoeuer the law more generallie dooth construe it a benefice is taken for a pastorall cure of soules ouer the people of some parish it is euident by the statute in that 21. H. 8. c. 13 The Abstractors discourse wholie inpertinent behalfe prouided sauing those that be of hir Maiesties councell which may keepe three benefices with cure of soule and hir Nighnesse chapleines vpon whom the may bestow what number of benefices the will that no man can be dispensed with to reteine Multa huiusmodi beneficia many such benefices according to the true proprietie of spéech yet some being so qualified as is required may be dispensed with to receiue and keepe Plura mo than one euen but two in all which cannot properlie be called Many except the matter were of great raritie Unto all which dispensations so by statute-law and act of parlement warranted both he and all the subiects in the land in * 4. H. 7. 10. the eie and construction of law are deemed to haue consented And therefore that he or anie other should call them Vnlawfull or presume to inueigh publikelie against them as he * Pag. 159. telleth by some to their great commendation both by speach writing and preaching to be practised whome therefore he calleth The Lords seruants I for my part can not sée how it can be excused from faction and great contempt Factious dealing against law of hir Maiestie and hir lawes Or else why may not I or anie other priuate man whosoeuer in like manner with as good toleration as he perhaps vpo my particular conceipt againsst some other of the lawes of this land take pen in hand and tell all the subiects in it that they are no lawes in déed as being against the word of God the law of nature of reason and of nations And thereby to giue a dangerous ouuerture and open window to the loofing of the ioints of all obedience to lawes and to turne ouer those matters which are to be debated with great moderation to fro onelie in the most honorable
not doubt but there be verie many in this church of England though not so manie as were to be wished in respect of the parishes which by the mercie of God are as well able in all respects considering the frailtie of man to discharge that dutie which is incident to a pastorall charge as in any age heeretofore hath béene found either here or in any other like particular church or nation elsewheresoeuer which thing also he himselfe setteth downe as a truth and as a dutie that may be discharged so the partie be resident euen in the Minor of his last syllogisme in this section The Maior proposition of which his last syllogisme except it be ment of a perpetuall and a continuall hinderance which yet the partie himselfe might auoid or of such as otherwise dooth not bring some greater or as great a benefit to the whole church some other waie is vtterlie also vntrue For besides the gréeuous visitation of God by sicknesse which is no sufficient cause as hath béene afore shewed to remooue a man from his benefice who therefore may haue a coadiutor assigned vnto him there may be manie other causes laid downe for the which a man may iustlie sometimes be awaie from his pastorall charge and discharge it by another as namelie if he be abroad for recouerie of his health if he be called by his superiors authoritie to answer matter in law obiected against him if he be forced for the repulsing of gréeuous and in tollerable iniuries to prosecute another in law or for the reteining of his owne right if he be sent of ambassage by his prince or otherwise necessarilie emploied and commanded attendance if his helpe be required in other places for the pacifieng of schismes and disorders and for confutation of heresies if his paines and trauell be required for the confirmation of true doctrine taught by another if his presence be desired as needfull or expedient at some consultation about church matters as at some synod particular prouinciall nationall or generall and lastlie if some other parts of the said nation and church should otherwise be wholie destitute of a pastor to féed and instruct them For if vpon these and manie other like occasions of no lesse importance it were simplie vnlawfull for a minister to be absent sometimes from his pastorall cure and to substitute another to supplie his roome whie I praie you may diuerse of your Saints of God and seruants of the Lord which by a pharisaicall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you oppose against all other not so fantasticallie affected as they whie I saie may they gad abroad from their cure hauing no cure elsewhere to looke vnto by the space of fiue or sixe moneths sometimes in a yeare hither and thither at pleasure and lie from their cures by the space of thrée or foure moneths by troops together in London or at the least a whole parlement time being not called to counsell in the conuocation Is there by their absence some publike commoditie comming or growing towards the church and may not another learned pastor hauing diligentlie fed his flock by a good part of the yeare in one place yet not neglecting the other people in the meane time bestow to the profit of the church the rest of the yeare in painefull preaching and teaching to the people of another parish Both which peraduenture might else be either wholie destitute of preaching as being seuerallie no sufficient maintenance for a man of studie and qualitie or else haue but such a one which being as bold as ignorance may make a man which is the greatest boldnes that may be would aduenture to speake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not knowing at the first what or how to speake and yet being once set of talking could not tell how or when to make an end 2. Section Pag. 108 109. THis chapter like as the former speaketh against such as reteine manie prebends yea more than two that without dispensation Which may appeare both by the glosse and also bicause it is called ambition in them which * Panormi◠in c. de multa Ext. de praeb infine is not appliable vnto those whome the partie authorised therevnto finding sufficientlie qualified shall for good cause according to lawe dispense with for reteining of such benefices For ambition resteth either when a man vtterlie vnworthie will set himselfe forward arrogantlie to that which he is vnfit for or being worthie shall séeke it by vndue meanes and contrarie to law And therefore as it looketh not towards his purpose to proue dispensations for mo benefices vnlawfull so can it not be applied against the practise of this church wherein none be allowed to reteine mo pastorall charges or other promotions ecclesiasticall in law termed benefices without dispensation though in truth it reach a blow His reason retorted against his owne adherents vnto diuerse of his clients who can be contented notwithstanding in law a prebend be accompted a benefice and in some cases also haue cure of soules to reteine one two or thrée yea foure prebends sometimes onelie bicause they doo not passe in common speeches vnder the names of benefices and to the intent of residence and incompatibilitie by statute law are not accompted cures of soules yea and that without all dispensation according as is required Which therefore can not in them be cleared from the staine of ambition howsoeuer they beare it out with a stearne looke and a clowd in their forehead amongst those which admire their great sinceritie and which doo verelie beléeue that their feed is so pure that they would rather liue by aire alone than be susteined by church liuings euen as the Chamaeleon is supposed by some to doo with as great truth as that such haue no prebends to mainteine them His first reason here touching the maintenance of ambition by pluralitie of benefices is sicke euen vnto death of the same disease that his first syllogisme of his other section A fallacie ab accidents was and is a fallacie Ab accidente because though some may be led therevnto by ambition yet is it not anie necessarie efficient cause thereof Yea in his Minor of this syllogisme lurketh a fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bicause though it be ambition in such as seeke to aspire to preferments which the law will not intitle them vnto yet is it not ambition in those which being qualified according to law doo seeke it onelie by ordinarie meanes That which he speaketh in his second syllogisme of Roging is his owne proper goods and not borrowed out of this canon The Dissolution and often going to and fro which the canon speaketh of and he translateth as it liketh him a Dissolute and gadding ministerie whereas yet no mention is made of ministerie is as I take it set downe to shew a difficultie of reteining such within the bounds of ecclesiasticall rules and offices which by occasion of their seuerall prebends situate in diuerse churches
trulie dooth answer that it is to be vnderstood to be indéed The generall lawe yet limited and restrained vpon diuerse occasions of Speciall priuilege euen by other parts of the same lawe as shall God willing be made manifest hereafter The other place in this section alledged is shamefullie by him falsified for he hath FalsificatioÌ„ put in more than anie booke that I can find speaketh of in that place all these words wherevpon his thrée syllogismes insuing are grounded to wit Both bicause it is a proper kind of merchandize and filthie gaine and also altogither contrarie to the custome of the church where in trueth that * c. per laico◠〈◊〉 fine 16. q. â—â—biglâ—in â—â—â—r Duas canon saith nothing else but this Let no priest haue two churches Which the glosse for auoiding of contrarietie with other lawes dooth thus interpret that is Not two churches with title except they be poore churches as is to be found c. eam te Ext. de aetat qualit aud c. vnio 10. q. e. Neuerthelesse the truth is that these things may be verified of such men as wholie contrarie to the canons doo vsurpe mo benefices then they are dispensed with by law to receiue And therefore the like words are vsed in another * c. 1. 21. q. 1. in fine canon yet not simplie as our author without any simple meaning or plaine dealing hath alledged but with distinction that it is meant That none shall hold by waie of title two benefices in two seuerall cities or in that citie where the seauenth councell was assembled though in villages abroad by reason * c. priscis 56. dist of scarsitie of such men it be permitted bicause it was then intended that in cities all things necessarie being more plentifull than in the countrie they might by one benefice be sufficientlie mainteined Therefore his thrée seuerall assumpts or Minor propositions wherein he assumeth without proofe that absolutely It is against the good custome of the church a proper kind of merchandize and filthie gaine and vncomelie in anie respect for one man to haue mo benefices are all to be denied as vntrue Yet I must put him in mind that the Maior of his last syllogisme is also vntrue bicause if he vnderstand In the church that is amongest christians as he must néeds doo or else taking it for the publike assemblie about the exercises of our religion he shall speake besides his purpose manie things are lawfull which are not expedient and therefore not comelie 5. Section Pag. 111 112. IF his store to this purpose were either so great or so good as he maketh boast of then was he greatlie ouerseene in his choise to cull out this constitution of the Legat Octobone in steed of all the rest For the words which he hath alledged as is euident to him which will peruse the former part of that * Const Othoboni de institut seu collationibus §. 1. constitution which yet our author of his owne absolute authoritie hath transformed and diuided into two chapters as though the one did not depend vpon the other are spoken against such as Are not able to take charge ouer themselues which doo not reside vpon their cures which are not in any sacred orders requisite to the reteining of such a benefice which doo not onelie vsurpe manie but infinite such benefices which though they would yet by no possibilitie are able to satisfie their charge which violentlie intrude themselues into such benefices which by subtile deuises colourable shifts doo seeke to reteine them lastlie which haue no dispensation therevnto obteined from the apostolike See as the canons in this behalfe doo prescribe Therefore it is no maruell those so manie blemishes or diuerse of them concurring that these blind leaders except they had bene as blind as mowles or béetles did perceiue such great inconueniences therein as that they could not but thus greeuoustie exclaime against them Which before it can be applied to our plurified men as this foolified phrasefiner termeth them he must first prooue that the cases of both are alike 6. Section Pag. 112 113. IT could neuer haue come to passe but that the Abstractor is Gnauiter impudens that he should obiect the same statute for the absolute prohibiting of the reteining of mo benefices which dooth alonelie establish all dispensations for Pluralists sauing for the Chaplens of some few qualified persons by other statutes afterward prouided for that be or can be put in practise in this church of England Wherein yet we may obserue euen in the very words by himselfe alleged though we go no further that the hauing of mo benefices is not so generallie prohibited but that in respect of the pouertie of the first benefice as being vnder eight pounds yearelie value agreeable partlie to the canons in this behalfe a man may without furder qualification or dispensation by that statute exacted reteine also a second of what value soeuer without auoiding himselfe from his first benefice And bicause our author hath here made a gallant shew of certeine generall lawes prohibiting though not simplie the reteining of mo benefices and is now readie prest to improue with all his might that which may be obiected to the contrarie touching such lawes as doo permit by dispensation to some persons and vpon some occasions the inioieng of mo than one it shall not be amisse breeflie to point out such lawes and canons besides those few which hitherto haue béene here and there aforetouched which doo directlie prooue that by dispensation it is lawfull to be possessed of mo benefices than one at once vpon some reasonable occasions It appeareth by a a c. de multa Extra execrabilis de prebendis whole Decretall set downe of purpose concerning pluralitie of benefices that dispensations may be granted for reteining of mo benefices by one man It is likewise in another place b c. ordinarij §. 1. §. caeterum de off ordinarij in 6 decreed that as those which can not shew foorth sufficient dispensation shall be deuested of those benefices Which in that respect they doo vniustlie hold so if they can shew a sufficient dispensation they shall not be molested for them bicause they doo hold them canonicallie Manie examples herof might be alledged here and there dispersed as c c. cum Capell Extr. de priuileg where certeine praebendaries are mentioned to haue claimed an exemption in the parish churches which they inioyed bicause the place whereof they were praebendaries was exempted And d c. relatum 2. § fin Extr. de testam againe where it is decided concerning the distribution of his goods which had diuerse benefices Another example herof may be taken out of Concilium e c. vnum §. pont 2â— q. 1. Agathense where it is decreed that An abbat may haue two monasteries and both of them as in title but by speciall priuilege and not of common right And it is decréed
from another Secondlie in that he couertlie intendeth quantities rates and proportions of seuerall liuings to haue beene by God established bicause he ordeined that his ministers should haue maintenance albeit there be great difference betwixt liuing and quantitie of liuing for Rebuff Whence he borrowed it applieth not the place of S. Paule as he dooth but to prooue that the benefit is giuen for the dutie But if he meant not to implie thus much then hath he the lesse colour a great deale against pluralities for he that dooth prouide two seuerall benefices for them where one is not sufficient dooth more fullie satisfie the ordinance of God to make them thus more able To liue of the gospell Yea and that it was his meaning to prooue that liuings for ministers were distinguished by God though he deliuer it but fearefullie and inconstantlie as commonlie such doo which openlie auouch an vntruth knowne euen to their owne conscience these his * Pag. 121. words doo make it manifest Manie liuings saith he appointed by the Lord himselfe for manie pastors ouer manie congregations should not be taken from manie and giuen to one To which end also is that example which he bringeth concerning the diuision of the promised land of Canaan Which most grosse absurditie and paradox neuer auouched by anie either old or late writer I thinke till this melancholike snapstraw peeped out by owle-light may be cleerelie refelled euen by his owne words wroong out from him by the force of truth to wit Ibid. That liuings of churches and parishes are distinguished by man and therefore may be vnited by man in some sense may be true Pag. 124 Nay I would faine learne in what sense it can be otherwise and in what signification did he himselfe speake elsewhere when as he saith It is lawfull for man to take awaie to vnite churches liuings For if this be lawfull then hath not God whose ordinance must be inuiolable either established anie taxe and certeine quantitie of a ministers liuing or yet distinguished and seuered the liuings of churches one from another But in case God hath allotted a certeine rate of liuing for a minister it were well it might be made manifest vnto vs hereafter by the Abscractor or by some other déepe Cabalist with sound proofes annexed to strengthen it Yet he taketh this as verie sufficientlie prooued to be Gods ordinance and therefore in effect saith It is no more lawfull now to giue vnto one minister that liuing which was appointed to diuerse than it had beene for Ioshua to haue altered that diuision of the land of Canaan which the Lord had commanded by Moses But when he or anie man else can prooue that God hath appointed and distinguished out the bounds and limits of parishes and the rates of church-liuings as he expreslie bounded the tribes in the land of Canaan then will I saie the comparison is equall yet seeing it was of temporall lands it would more fitlie serue for limits of manors and lordships than of parishes But the comparison is far vnlike for he will not denie I hope but that manie laie fees and temporall lordships may be possessed by some one which yet he denieth to ecclesiasticall men though perhaps their desert and contribution to the publike charges of the realme be as great as theirs who enioy in true value ten times as much reuenue And yet euery seuerall mans inheritance was not diuided by Moses or Ioshua but the Lord prescribed the bounds of the tribes and the lot decided the rest Nor yet was the distribution so setled but that one of the same tribe might enioy by purchase another mans possession till the yeare of Iubile and diuerse mens inheritances might by discent be cast vnto the next in bloud And his ignorance or negligence is herein more palpable than he can prooue to be in the Pluralists fallacie in that he saith Moses a Num. 33. vers 54. gaue vnto some more and to some lesse whereas in déed it was diuided by lot Also b Deut. 34. Moses neuer came ouer Iordan but did onlie take a view of the land a far off from the mounteine of Nebum Neither was he or Ioshua appointed Decempedae or the verie diuiders of it but c Num. 34. vers 17. deinceps others from the Lord were therevnto nominated Insomuch that it is expreslie set d Ioshua 13. vers 7 8 downe that Moses made no distribution but vpon the east side of Iordan to the tribe of Ruben Gad and the halfe tribe of Manasseh and all the * Ioshua 14. 15. deinceps rest of the land was diuided onelie by the direction of Ioshua howbeit vpon the distribution of this land so skilfullie as you sée by him handled he taketh occasion by similitude of a botching tailor and a pilfering companion to make himselfe merie rather than to patch vp anie good reason For his resemblance is so far from shew of likelihood that it well becommeth such a déepe reasoner For the theft of Caius can not anie waie prooue that Seius garment is too long wasted and therefore his reason smelleth of the shop-boord more than of the deske But his wish herevpon is whereas Some according to his audit-booke haue two or three thousand pounds and some neuer a whit that is asse he foole wiselie dooth interpret scarse twentie nobles by yeare that there might be set downe a better equalitie Truelie if he had wished by some good meanes a competencie of liuing for euerie minister it had béene a good and godlie wish but to desire an equalitie where the duties and gifts required are so different it is contrarie to the rule of iustice which In mandandis honoribus decernendis poenis dooth follow the proportion Geometricall and not his proposition Anabaptisticall I should saie proportion Arythmeticall For with as good reason he might inforce an equalitie of liuings in temporall men as in ecclesiasticall considering both the excellencie of the subiect and matter whereabout the ecclesiasticall are conuersant and also as great inequalitie of one aboue another and difference of learning and all other Gods good gifts to be shewed in the gouerning and instructing of the people in matter of religion as may be found by any possibilitie in the dexteritie of one man more than of another in managing by counsell or defending by prowesse the ciuill affaires and frontiers of a common-wealth Which thing the slender sparkes of the light of nature remaining did teach euen vnto the Gentiles who were content to aduance their religious persons amongst them vnto singular honor to respect them with large and bountifull maintenance and to haue their hests and aduise in notable recommendation The Minor of his owne syllogisme being the verie contradictorie of the Minor afore propounded by waie of obiection he seeketh yet better to vnderprop as he had need not against such onelie as are Disposed to cauill but those also that must
author by him vouched dooth directlie decide that A dispensation tending to the profit of the church or vpon necessitie is lawfull And therefore by his owne witnesse which in law he can not refuse the scope drift of his whole treatise is againe ouerthrowne And where he addeth that he which hath taken a small liuing may not in anie case séeke to augment it if his bare words did make law then surelie ecclesiasticall liuings which be but small would hardlie be furnished Yea the reasons which to this end he bringeth are as trulie verified of anie temporall liuing as of ecclesiasticall But what if both the sufficiencie of the ministers gifts by his owne inbustrie and by the blessing of God doo notablie increase and his congregation also be multiplied more and more in people or if his domesticall charge arise by number of children or by their sickenes may he not seeke some augmentation of his liuing Truelie this deuise ioined with that which followeth of driuing ministers to furnish the wants of their maintenance by Some handie craft and labour is an open window to draw them from studie and so to ignorance barbarisme sauage wildnesse contempt with all men and finallie it leuelleth directlie at the ouerthrow of all religion The first place which to this end he quoteth dooth not speake to that purpose whervnto it seemeth to be brought but * 32. q. 5. c. horrendus that Whatsoeuer hath once pleased a man ought not anie more to displease him Now he that hauing too small a liuing to mainteine him seeketh a further supplie by another dooth it not vpon anie mislike of the former And therefore it might better haue beene applied to infer that a man may not of his owne head relinquish his benefice yea it is not generall without his limitations but is speciallie to be vnderstood where by variance in liking a preiudice to another man may rise Which inconuenience if it be met with by the iudgment of the Ordinarie whom the law authoriseth to iudge of the exigence of the cause fit for relinquishment of his former liuing then that rule dooth cease For else should all translations and shiftings froÌ„ one congregation to another vpon sufficient ground both allowed by law and practise of most reformed churches be vtterlie vnlawfull The next being crosse quoted with the former and * c. sanctoruÌ„ 70. dist which he saith is Law in truth dooth varie in verie deed from the canon it selfe which hath nothing tending that waie either of Preiudice growen vnto him that hath receiued a small benefice or of seeking his liuing by his owne craft but onlie thus In what church soeuer a man is intituled vnto in that let him perpetuallie remaine Not as though a man might not vpon some occasion renounce and resigne his benefice into his Ordinaries hands but that he hath it by institution for terme of his life and therefore may not be put out of it against his will without sufficient cause therevnto as may appeare by the glosse That * 21. q. 1. c. 1. part of the next place which requireth a mans continuing in his owne vocation dooth not touch anie thing now in controuersie séeing he which hath two benefices dooth not giue ouer his vocation As to the other part séeming to counsell a poore clerke to labour with his hands for the better supplie of his maintenance by the example of the apostle it séemeth to me not to be spoken of the priests and ministers in chiefe cities but of clearks in inferior orders and degrees whose attendance in such great churches was then in great numbers practised Yet the * Gl. ibid. in verbo necessitatem in â—ine glosse answereth it that Those things were in vse in those daies but not now wherein God had dealt more liberallie with the church and that those things are to be considered according to the qualitie of the person and site of the church seeing that which is sufficient for one is not for another and the custome of the countrie is herein to be obserued And mine interpretation is strengthened by the conference of two or three chapters togither of that distinction which he alledgeth in which a manifest diuersitie may be obserued Inter presbyterum clericum a priest and an inferior clearke For the * c. Presbyter c. Clericus 1. 2. dist 91. priest or minister hath in those canons his taske for the whole daie so limited forth that it will not be possible for him to haue time besides to earne salt to his potage by his handie worke Yea the verie glosse * Gl. in ver minus c. â—i proponente Ext. de rescript per c. de monachiâ— infra de Prebendis whence he borrowed all this furniture at one clap dooth tell him that this course is changed sithence if it had pleased him to haue looked a little lower But saith the glosse a man is not to be instituted except so much be assigned whereby he may be sufficientlie prouided for and be able to paie the duties to the Bishop And by the way the same glosse sheweth that pouertie is some part of a reason whervpon to ground a dispensation for pluralitie though not an entier cause The example of S. Paule may be answered that it is not appliable to these times Bicause the gifts of the Holie-ghost for the furnishing of the worke of the ministerie are not miraculouslie now bestowed as they were then but by the industrie painefull studie and indeuour of the partie Therefore if we should set him to a manuall occupation to gaine some part of his liuing by on the working daies assuredly his mind would be clogged his spirits so dull wearied his inuention so mechanicall and deuoid of pith on the holie-daies that it were as good to kéepe him at hedging and diching or vpon his shopboord still as to put the poore man any more into the pulpit And hereby it will come to passe that if we haue now too manie vnlearned men in the ministerie with whom the Abstractor is so round in his first treatise by this deuise of his we shall haue in short time none else but verie dolts and idiots except he can imagine that men comming from the Uniuersities will be content to be preferred from being Scholers to be scauengers â—roÌ„ Sophisters to be shoomakers from Bachelers to be bakers from Maisters of art other Graduats to be millers or grinders and yet to continue the ministerie still Much like to the contemptuous surmise of Lucian that Alexander the great is preferred to sit on a thrée-footed stoole behind a doore in hell cobling and clowting of old shooes Naie though S. Paule was content in that infancie of the church for auoiding of grudging murmuring to earne some part of his liuing by tent-making that he might thereby spare the churches more and the rather thereby to allure them to liking of that which was not chargeable vnto them yet in sundrie
will rise to a full sufficiencie But I would wish those which thinke so might be tried but for seauen yeares togither how they could mainteine themselues and what hospitalitie they would vse by the tythes offrings or contributions from some seuerall score of housholds which I could name vnto them For as at the first the chiefe of euerie priuate mans wealth consisted In pecudibus pecoribus in cattell shéepe and goates whereupon it came to be called Pecunia so about the florishing time of the monarchie of Rome the chiefest part of their wealth either consisted or was esteemed Permancipia by the number of their seruants and bondmen In somuch that this word did herevpon and by their manner of selling Per mancipationem then vsed come to signifie all their moueable goods as Praedia hereditaments signified their vnmoueables Not * L. 3. Offic. onelie saith Tullie in lands or hereditaments the ciuill law drawne from nature dooth punish ill dealing and guile but also all deceit of fellers is excluded in the sale Mancipiorum of mooueables And againe It is manifest saith * L. 3. ff de diuers tempo praescript the law that prescription of long time hath place Tam in praedijs quà m in mancipijs as well in vnmooueables as in mooueables Whereby appeareth that not the Pluralists but the Abstractor is ignorantlie or Wilfullie blind which can make by a strange Alchimie of one bondman a whole houshold and of ten of them a sufficient parish in déed fit inough to mainteine such a profound doctor as he himselfe is That which he alledgeth out of Rebuff against the practise of the Pope and church of Rome which rather in dispensations respect the vtilitie of the partie than of the church which ought chieflie to be regarded perteineth to be defended by the patrones of poperie and not to this church of England against which his forces are bent Yet it argueth both that the benefiting of the partie though not chieflie may be respected and that a dispensation may in truth tend to the benefit of the church and therefore may be lawfull euen by his owne confession 17. Section Pag. 145 146 147 148 149 150 151. THis man surelie hath a great gift of a little more boldnesse than audacitie commeth vnto which not onelie prouoketh men to the examination of his wrested racked and falsified lawes but to the hinderance of hir Maiesties seruice and that he and his conâ—ederats might in the meane time trouble the vnitie of the church would set hir Highnesse commissioners aworke one against another as the diuell in the person of Frier Rush hath béene fained to haue done amongst the couent Which as he dooth malicioustie with odious comparisons against the ecclesiasticall men in the said commission so I doubt not but withall his factious flatterie is euen lothsome and importune to all the other imploied in that commission whome he maketh Sounder and better than the ecclesiasticall men and not onelie Godlie as they are indéed but so farre foorth as though he could not bestow this Epither vpon any of the other without derogation from them Which if it be not to sowe the seeds of dissention amongst the great men of the land I know not well what may be so accompted But those ecclesiasticall men in commission whome he so sawcilie debaseth are I hope all of them so borne vp with a good conscience that they feare not either the virulent and spitefull accusations of any such Grachus or Saturnius as this is neither are they afraid to haue their dooings orderlie sifted by whomsoeuer The lawes which he would haue at his intreatie some of The commissioners to put in execution doo make void he saith euerie dispensation granted for longer time than for seauen yeares to the enioieng of mo benefices than one But if the proofes which he hath alreadie brought to prooue them Contra 〈…〉 to be vnlawfull as being against Gods lawe and mans lawe be so substantiall as he would beare the simple in hand then come in these Lawes here to no purpose euen a daie after the faire For if no law warrant them they are void in themselues without anie further respect had vnto any circumstances about their granting But a little to runne ouer his proofes The first speaketh not of dispensations for pluralitie nor of the making void of them nor of any limitation of time to inioy them or to grant them but onelie that by ordinarie course of law a man is to be resident in his benefice albeit for a time and vpon a reasonable cause the Ordinarie may dispense with him for his non residence The glosse thereof he hath falsified For it saith not that the Pope cannot but that he which FalsificatioÌ„ was then Pope did not giue faculties of perpetuall non residence such as were granted by his predecessor And he resoneth as his vse is like a deepe Logician A specie ad genus negatiuè Bicause dispensations for non residence may An absurd reason not be granted during life Therefore no dispensations at all may be perpetuall The like may be answered to the next place which speaketh not of a facultie for pluralitie but De non promouendo Whereby such as were students abroad might be suffered to reteine a benefice by the space of seauen yeares without taking anie further orders than subdeaconship which thing neuertheles the Abstractor did omit and dooth cut off with an c. But in the * c. cum ex eo de elect in 6. preface of this constitution we haue an euident example to admonish vs of the necessarie reteining of some authoritie to dispense least lawes being generallie made for publike good by occurrences falling out afterward which could not be at the first foreséene be turned indeed to the damage and detriment of the church For in this constitution it is reported how by reason of a canon made in the councell of Lyons which exacted that within one yere he that would inioy a benefice should necessarilie become préest that few or none which were learned or meant to increase their knowledge would accept of anie parochiall benefice Whervpon the Bishop of Rome was now vrged to grant vnto Bishops libertie of dispensing for the space of seauen yeares to such as would be subdeacons De non promouendo so they continued in some place of studie But what is this to the practise of our church which hath by statute no facultie in force for a beneficed person with cure of soule De non promouendo For he must needs be of a certeine age and a 13. Eliz. c. 12. deacon before he can be admitted to such a benefice and within a yeare after he must be full minister vpon the penaltie and losse of his liuing Ipso facto And yet vpon the like danger for the which it was not thought méet that this kind of facultie should be granted during life he vrgeth the cutting off at the seauen yeares end of
the papist and other heretikes are suppressed and barbarisme is kept out will follow after a beggerlie and contemptuous cleargie when as by their liuing they shall be scarse able to find themselues and their families and therefore much lesse be able to furnish themselues with such bookes as are requisite to atteine vnto any exactnesse or maturitie in learning The lamentable experience of which decaie of learning by the smalnesse of church liuings some notable churches and common-weales of the other side do alreadie partlie féele but the wiser sort of them doo more feare to smart for hereafter And therefore where the Abstractor assumeth that the cause and reason wherevpon such dispensations were vsed dooth cease and would thereby gather that the effect should cease I saie that when he or any other shall haue prooued that not onelie some one cause thereof but all the causes and not * Arg. l. 1. §. sextan ff de postulando onelie the impulsiue but also the finall causes of it are ceased then as law willeth I must grant the act in that point to be laid on sleepe and not to be put in vre till some of the same causes shall happen againe But besides his owne assurances which are sure and good inough for anie such as will trust him vpon so sufficient securitie he inforceth this matter by the words Of a lawyer he saith of singular iudgement Whereas now for any thing we know of him at his hands he may be who he will peraduenture the famous Grangousier grand-father to prince Pantagruel or some such great renowmed clearke as he was said to be which first in this world deuised to plaie at dice with a paire of spectacles on his nose But it may be that one cause hereof was bicause he would not séeme to haue taken so much of Rebuff by waie of loane and vpon credit which yet is no blemish for such déepe lawyers as he and I are and another bicause he hath falsified FalsificatioÌ„ his author I know not in whose fauor by translating quid debet ecclesia Dei plurium nobilium vanitati vt patrimonio Iesu Christi dilectissimi sponsi sui c alat accipitres educat canes c thus What Shall the church of God the best belooued spouse of Iesus Christ c feed hawkes bring vp dogs c. Whereas in truth it is What dooth the church of God owe vnto the vanitie of manie noble men that with the patrimonie of Iesus Christ c it should féed hawkes bring vp dogs c. But the great learned lawyer himselfe whome he indéed meaneth euen Bernardus Diazius and whome * Rebuff de dispens ad plur bene 〈◊〉 60. Rebuff termeth a reuerend father dooth in the next words following declare that he directed this inuectiue Against husbandmens sonnes more vnlearned than their parents which Illicitis modis plura occupant beneficia by vnlawfull meanes doo occupie manie benefices and also against such which being neuer so cunning or how learned soeuer Doctrina sua nunquam Catholicae ecclesiae profuerunt nec prodesse curant yet did neuer by their learning profit the catholike church nor euer care to do good in it The peremptorie iudgement of Rebuff which he afterward alledgeth * Ibidem nuâ— 84. fol. 249. but wrong quoted is somewhat too sparinglie by him translated in that word Si perperà m concessa sit if it be granted vnorderlie whereas it should be If it be naughtilie granted And it is grounded vpon a false principle of poperie that he which breaketh euen the positiue â—â—w of the pope * Rebuff de dispensat ad plura benefic 〈◊〉 22. such as the prohibition of pluralitie is dooth as they terme it sinne mortallie euen directlie and immediatlie against conscience which is no small part of his Antichristianisme whereby he sought to sit in the consciences of men Yet thus much may be gathered of this saieng that where it is orderlie granted as law prescribeth there it carrieth not in his iudgement any danger with it vnto either partie the condition of it thereby ceasing 20. Section Pag. 161 162 163. BUt now hauing so substantiaslie as you haue heard ouerthrowne all dispensations he was belike afraid he should be iustlie called Corà m for inforcing so violentlie a diminution of hir Maiesties reuenues arising by the taxes of them To salue vp which sore he letteth all other faculties alone wherein hir Highnesse must at his request sit downe by the losse and for thrée of them that is Dispensations for simonie non residence and maniâ— benefices he dooth assure hir Maiestie vpon the credit of his arythmetike and auditorship that They are indeed a great diminishing of hir reuenues But albeit he laie out all thrée in his conclusion to be prooued yet he dooth not in his proofes once name the facultie of non residence which by no shadowe can preiudice hir Maiesties cofers And when he should descend to the casting foorth of his proportions and extraction of the root by the rule of Coss and Algebra he misseth the principall matter euen his taxes to worke vpon and leaueth in his Booke a blanke or a glasse window for anie such to glaze vp as come and will doo him that fauour so that Cùm desint vires tamen est laudanda voluntas The man was willing to haue doone somewhat if he could but haue told what to haue said That the facultie for Simonie commited is a diminution to hir Maiesties reuenues he prooueth supposing first the tax thereof to hir Maiestie to be in shillings whereas it is indéed in pounds bicause if the partie dispensed with for simonie were depriued for it then hir Highnesse should reape more benefit a great deale by the first fruits of the next incumbent than the taxe mounteth vnto But how is the Abstractor here become so strict laced as to call for their depriuing whose fault in waie of gratification of simonicall patrons he almost wholie excused in the former treatise The truth is this kind of dispensation is verie seldome vsed bicause most of those which are guiltie of that fault doo deale so closelie and are so iustlie doubtfull of obteining it vpon petition that they hold it better without opening of themselues to sit still quietlie Whereby it can not easilie be put in practise but where some not knowing the rigor of the canon herein which condemneth for simonie euen entreatie and meanes-making and that recompense also which is but conceiued in hart perhaps onelie in waie of thankfulnesse after so the same may vpon necessarie circumstances be gathered and therefore of simplicitie without corrupt meaning falling into it and fearing the malice of those which stand hardlie affected to them are forced for their further safegard to procure this facultie It may haue a good and a commendable vse besides where an old man meaning to resigne treateth in simplicitie with him which is to succeed for a pension according to lawe without the