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A19392 An ansvver to the two fyrst and principall treatises of a certaine factious libell, put foorth latelie, without name of author or printer, and without approbation by authoritie, vnder the title of An abstract of certeine acts of Parlement: of certaine hir Maiesties iniuctions: of certaine canons, &c. Published by authoritie. Cosin, Richard, 1549?-1597.; Stoughton, William, fl. 1584. Abstract, of certain acts of parliament. 1584 (1584) STC 5819.7; ESTC S121272 391,855 496

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Whether by these mens platformes which I haue mentioned agréeing so hardlie among themselues or by some one of them or yet by none of them but that we must expect some other more skilfull than all the rest to arise vp hereafter to reconcile or confute all those which haue hitherto written hereof Whether it be good and sound diuinitie that hath béene alledged concerning excluding christian princes from their gouernement in church matters of excommunicating them of releasing their subiects from obedience and in some cases of deposing them or no Where anie pregnant and concluding proofe may be found either in scripture or anie antiquitie which dooth iustifie the gouernement of church matters in euerie parish by the minister and by certeine men termed Presbyteri being otherwise méere laie men and of no ecclesiasticall function Whether if the generall conceiued error be not by law sufficient to make the marriages and baptizings of force which hath béene done and celebrated by such as our Abstractor reputeth not to be ministers would he wish them to be remarried ouer againe and baptized afresh by such as he taketh to be ministers indéed as hauing beene hither to not baptized and so make void all benefits of subiects by purchase or discent hitherto growne vnto them and to their children according to the course of the common lawes of this land or no And in case that either he or any other be of iudgement that the baptisme conferred with water and the words of institution seriouslie pronounced by him that is no lawfull minister neither in fact nor reputation or by him that is in reputation onelie one and not in déed nor in law be so vtterlie void that the partie ought to be baptized or dipped againe Then I doo demand how this may be warranted either by the word of God or example and testimonie of antiquitie in the time of the primitiue church Further I demand hereof whie all those in like sort which haue béene baptized by Popish priests whome our Abstractor holdeth neither for lawfull ministers indéed nor in law and who were but admitted at taking order of préesthood Ad sacrificandumpro viuis defunctis ought not as well as the former to be baptized againe Againe whie the sacrament of the supper should be to the true receiuer thereof at the hand of an vsurper and no lawfull minister more effectuall than the sacrament of baptisme by this supposition is being conferred by the same man vnto his child which is the séed of the faithfull Whether the inequalitie of Gods gifts for the building vp of his church being the cheefest ground of the inequalitie of rewards to the ministers thereof must we yet of necessitie and in iustice require as great abilitie in him that hath but twentie nobles or ten pounds by yeare as is required or to be found in him that hath an hundred marks by yeare to mainteine him And whether the like difference and inequalitie both of gifts and rewards be not to be found in the vplandish townes of their dominions and territories which our reformers thinke to be without spot or wrinkle in their externall gouernement Whether such a minister that is of reasonable knowledge in diuerse points of doctrine yet not able either to preach methodicallie or to confute errors and heresies sufficientlie as he that would improoue the praieng for the dead out of that place There is a sinne vnto death for the which I say not that you shall praie Whether I saie were it more expedient to permit him to preach and to expound publikelie or but to read godlie and learned homilies and to exhort and dehort his parishoners onelie as present occasion should be offered Whether in any other reformed church beyond the seas where no such rite is by law established if a minister would néeds continuallie weare a surplesse in his ministration might he ought he in iustice or should he in fact be put from his ministerie for the disturbance of the peace and vniformitie of that church or no Whether a minister in the like forreine church after monitions giuen vnto him to the contrarie that will neuerthelesse publikelie in his sermons inueigh against the vse of vnleauened bread in the sacrament or simplie or absolutelie condemne all vsurie whether it be biting or but nibling as sinfull and wicked the orders of that church being in both to the contrarie might in iustice or were like in fact to be remooued from his ministerie in that place or no The end of the Appendix to the former Treatise Pag. 107 DISPENSATIONS FOR MANY BENEFIces vnlavvfull QVIA NONNVLLI c. Forasmuch as some putting no measure to their couetousnesse Extra de ele non residen c. qui● nonnulli c. 1. de consuet lib. 6. endeuour to take many Ecclesiasticall dignities and many Parish Churches against the ordinances of holie Canons and beeing scarce able to discharge one office yet notvvithstanding challenge vnto themselues stipends due vnto many vve straightlie command that hence-forth this abuse be not anie more permitted And that vvhensoeuer anie Church or Ecclesiastical ministerie ought to be cōmitted vve vvill such a parsō to be sought that may bee resident in the same place discharge the cure by himselfe And if anie thing shal be done othervvise let both the receiuer loose that that he hath so receiued and let the giuer be depriued of power to giue againe Out of which prohibition these conclusions may be made 1 Whatsoeuer tendeth to the maintenance of couetousnesse is vnlawfull 2 But to suffer one man to inioy manie benefices tendeth to the maintenance of couetousnesse 3 Therfore for one man to haue manie benefices is vnlawful 1 Whatsoeuer is contrarie to the holie Canons is not to be tollerated 2 But for one man to haue many Churches with cure of soules is contrarie to the holie Canons 3 Therefore for one man to haue manie Churches with cure Pag. 108. of soules is not to be tollerated 1 Whosoeuer taketh vnto himselfe the stipend due vnto manie the same doth commit an vnlawfull act 2 But he that taketh vnto himselfe manie benefices taketh the stipends due vnto manie 3 Therefore hee that taketh vnto himselfe many benefices doth commit an vnlawfull act 1 Whosouer is scarce able to discharge his office in one place is not to haue the office of many committed vnto him in manie places 2 But he that hath the cure of soules committed vnto him in one place is scarce able to discharge his dutie in that one place 3 Therefore he is not to haue the offices of many committed vnto him in many places 1 Whatsoeuer is an hinderance to him that hath cure of soules to be resident to discharge his c●re by himselfe the same is not to be suffered 2 But for one man to haue many benefices is an hinderance for him to be resident to discharge his cure by himselfe 3 Therfore it is not to be admitted that one should haue many
establishing by act of parlement 25. H. 8. of Canons constitutions ordinances and synodals prouinciall to the intent and in hope to beat vs with our owne weapons and not for any loue or liking he beareth vnto them which he sufficiently bewrayeth in sundrye * Pag. 238. partes of his booke and is sory I dare saye that so much of them is in force And although it cannot be denied but that many of them were published by latter Popes after that See was become the chaire of pestilence a cage of vncleane birds Et postquam ciuitas fidelis facta fuit meretrix yet such amongst them as fight not with the euerlasting worde of GOD or the lawes and customes of this land beeing set downe no doubt by aduise of the best learned lawyers in those times though vnder Antichrists authority and beeing now indenized and made English by the whole church and common-weale in parlement are no more in that regarde to be abandoned than wheate because it was inuented by the heathen goddesse Ceres many good ciuill lawes of the Romanes set out by Paynims and cruell persecutors of Gods saints for no one author of the Pandects is thought to haue beene christian but Gaius or than pretious Stones and gold of Ophir in Salomons time because as some * Goropius thinke they were fet from among the Cannibals eaters of mans flesh and other partes nowe called the West Indies beeing both then and now grosse idolaters And howsoeuer many of the said Canons c doo carrye with them the drosse and superstition of those times beeing promulged for the vpholding of Poperye yet for many points I beleeue all the best heads now in the worlde beeing layd togither and taking no light from thence were not in many yeares able for sinceritie and equitie to set downe the like ordinances in those causes And no maruell seeing they were both vpon mature deliberation of the best lawyers deliuered and were so long in gathering together vpon seuerall occasions from time to time falling out which for the varietie of them no one mans life is possible to haue experience of and therefore ●●ns wit not able to forecast or prouide for But I muse how this could so escape the criticall and Lynceus eyes of such an Aristarchus as that he which rappeth out so many syllogismes in Barbara and Darij throughout his whole booke should be so ignorant for I will not say it was of malice as in that argument which he maketh the ground-worke to set his whole frame vpon to deliuer vs a Fallax 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by curtaling off in Assumpto a A childish fallacie in his principall reason peece of his Dedium and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make Quatuor terminos in his principall syllogisme For although it be confessed on all partes Such canons constitutions c as be not contrariant nor repugnant to the lawes statutes and customes of this Realme nor to the damage or hurte of the Queenes prerogatiue roiall as they were vsed and executed before the making of that act shall nowe still bee vsed and executed yet if hee would haue assumed in his Minor proposition as by the rules of reason and reasoning hee ought to haue doone that those points which he toucheth in his booke were Not repugnant to the customes of this realme but were in vse and execution before the making of that act All which hee cunningly left out then because wee learne by law Quòd facta non praesumuntur matters in fact are not intended to be doone till they be prooued so we would haue put him to his proofe heerein as wee must doo still and in the meane time say that he hath gaped wide to say nothing to the purpose and that in his whole booke he hath talked but not reasoned So that till he can make it appeare that The canons specified in any parte of his treatise are not contrariant or repuguant to the customes of this realme but were vsed and executed before the making of that act hee can not inforce the vse of them now beeing by the act limited to bee vsed and executed no otherwise but as they were before the making of it Which answer might serue without anye more adoo vnto his whole discourse which therfore hangeth no otherwise togither than Scopae dissolute or than a rope of sand Yet wee will not deale so sparingly and peremptorily with the man but will shewe vnto him diuers canons constitutions and synodals prouinciall neither Contrarie nor repugnant to the lawes nor to the damage or hurt of hir Maiesties prerogatiue royall which hauing not by the customes of this realme beene vsed and executed he himselfe being better aduised will not say to be in force of law or now necessarie to be put in v●e or practise And although the generall worde of Constitutions put downe in the act may seeme to extend vnto constitutions made by christian emperours for ecclesiasticall persons and matters as the author seemeth to thinke whereof sundry to this purpose might bee brought Pag. 16 yet because it is put after Canons whereof sauing some canons for matter of faith agreed on before by certaine generall counsels there were but fewe set out at that time I doo coniecture uone other constitutions to be ment thereby but such Prouinciall as were gathered together by Lindewood or Nationall as were framed by Ottho and Octobonus and therefore I will not wearie the reader with such superfluous allegations First therefore to begin with the canons collected by Gratian it wyll easilye appeare that there be very many such which are neither repugnant to any lawes that I doo know or haue heard reported for lawes within this land nor hurtfull any way to hir Maiesties royall prerogatiue which yet are by generall custome thereof so long disused that no man can iustlye say they are in force still amongst vs which for breuitie sake I will set downe in as shorte a summarye as I can finde them gathered a De confir dist 5. c. cont That rules of Physike are to be holden as contrary to a diuine state which in some case forbid fasting b Ibid. c. vt ieium c. vt episc That none are to confirme or to bee confirmed but fasting c c. in Synodo dist 4. de Baptismo That baptisme must bee conferred with three dippings into the water d c. peruen● dist 3. de feriis That a man may not fast on the Thursday e c. quoniam ibidem That on the Lords day or in the feast of Whitsontide in prayeng wee ought not to kneele f c. ecclesiam 1. dist 1. de feriis That a church may not bee consecrated to holy assemblies wherein a pagan or heathen hath beene buryed g Dist 3. de paenit per totum That publike and solemne penance may not twise be inflicted h 32. q. 1. c. apud S. crimen That women may not sue their