which the Lorde Christ hath commaunded which is vtterly vntrue as appeareth First and principally by the word of God Secondly by the discourses written betweene the learned on that behalfe Thirdly by the Discipline practized by all the reformed Churches and lastly by Maister Nowell his Catechisme commaunded generally by the Bishop to be taught vnto the youth of the Realme in all schooles of their Diocesse yet notwithstanding the Minister contrary to a vowe made by him at the commaundement of his Ordinarie appointed therevnto by lawe is very iniuriously dealt with for that he is not permitted to exercise any discipline at all our Bishops and Archdeacons challenging vnto themselues a principall prerogatiue to punish all malefactors within their seuerall iurisdictions An other reason that this statute hath appointed as well the discipline of Christ as the doctrine and sacraments to be ministred as the Lord commaunded onely and none otherwise is this namely for that this statute was made to reforme as well the disordered discipline vsed in the time of popery amongst the popish idolatrous Priests as it was to reproue their false doctrine and prophanation of the sacraments so that neither the one neither the other should be ministred by the Ministers of the Gospell for otherwise this braunch of the statute should ordaine nothing and so contrary to the nature of a lawe be Lex absurda an absurd lawe Pag. 37 And therefore what open wrong and intollerable iniutie is offered the Saincts of God and loyall subiects to her Maiestie calling for discipline at the chiefe Prelats hands commaunded by the Lord and in truth established by the lawes of her Highnesse Empire euery indifferent man may easily discerue It followeth in yâ— booke of making of Ministers Bishop Will you be diligent to frame and fashion your owne selues and your families according to the Doctrine of Christ and to make both your selues and them as much as in you lyeth wholesome examples and spectacles of the flocke of Christ Answere I will Bishop Will you maintaine and set forwards as much as lieth in you quietnesse peace and loue amongst all Christian people and specially amongst them that are or shall be committed to your charge Answere I will In the ende when he layeth on his hands he sayth to euery one be thou a faithfull Dispensor of the word of God and of his holy Sacraments And againe Take thou authoritie to preach the word of God and to minister the holy Sacraments Which action speeches of the Bishop are to be wel wayed and considered The words which the Bishop pronounceth Be thou a faithfull Dispensor c. Take thou authoritie to preach are wordes appointed him by the whole State to be pronounced What was it trowe you the meaning of all the States and Nobles of the Realme or was it our most excellent Soueraigne the Queenes Highnesse her pleasure to haue enacted by Parlement that a Bishop should commaund an Apothecarie not exercised at all in holy Scriptures and altogether vnable to teach to be notwithstanding a faithfull dispensor of the word of God and to take authoritie to preach Pag. 38 No no they very well knewe that the outward sound of the Bishops words in the eares of such a man could not worke any inward grace or giue any inward vertue to the performance of so high a calling or of so holy a function And therefore as it becommeth a true and loyall subiect I dare not for my part so dishonourably conceiue of their wisedomes much lesse I take it should the Bishop so disloyally abuse their credite and authoritie Was their intent and purpose trow you that the Bishop by these his demaunds and the Minister by these his aunsweres should not bind the Minister himselfe to performe by himselfe this duetie to preach but that the same should be done by a third person I trowe no. For my Maisters and Doctors of the Canon and Ciuill Lawe Burgesses in the house of Parlement knowe that Promissio facti alieni inutilis Institu de inuâ—tilistipu § si quis est quod si testator iusserit aliquem in certum locum abire vel liberalibus studijs imbui vel domum suis manibus extruere vel pingere vel vxorem ducere per alium id facere non potest quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse A promise made of an other mans fact is vnprofitable and that if a Testator shall will any to goe to a certaine place or to be furnished with the liberall Sciences or to builde an house or to paynt a table with his owne hands or to marry a wife that he can not doe any of these things by an other man because the will of the Testator hath concluded all these things onely in his owne person Was their meaning that the Bishop pronouncing these words Pag. 39 Be thou a dispensor was their meaning I say by those words to haue the Bishop commit the office of reading homilies to a Minister or to iudge reading of homilies to be preaching No no Their proceedings appeare to be of greater wisedome knowledge iudgement discretion and godlinesse They appointed by the same their consultation three kindes of offices to be in the Church Deacons Ministers and Bishops appointing seuerally to euery officer his seuerall dueties and hath expresly appoy nted reading homilies to be the office of a Deacon For in the ordering of Deacono the Bishoppe by vertue of the Statute pronounceth these wordes vnto the Deacon It pertayneth to the office of a Deacon in the Churche where he shall be appoynted to assist the Prieste in diuine seruice and specially when he ministreth the the holy Communion and to helpe him in the distribution thereof and to reade holy Scriptures and Homelies in the congregation c. I take it and hold it for a principle that the Bishop hath no authoritie by his Lordship to alter or transforme an act of Parlement and therefore I take it that I may safely conclude without offence to his Lordship that he can not by law appoint any Minister to reade any Homilies in any Church Statute lawe is Siricti Iuris and may not be extended What will you then by law positiue barre reading of Homilies in the Church No. But I would haue the Law positiue obserued and so barre reading of Homilies from a Minister because the Law positiue hath appointed that office to a Deacon For it is not lawfull for one priuate man and fellow-seruant to transpose from his fellowseruant an office committed vnto him by publike authoritie Pag. 40 And it is verily to be thought the Bishop himselfe will challenge as much vnto himselfe by this statute from the Minister and plainly tell him that by this statute he alone hath authoritie to make Deacons and Ministers and to gouerne them and that therefore it beseemeth not a Minister to be ordered otherwise then according to the forme of the booke and no
such like Canons I say any whit impeach the truth of my former assertions First for that these latter Canons are directly opposite and contrarie to the ordidinance of almightie God And the Apostles saith the holie Scripture Act. 6. calling the multitude of the disciples togither said vnto them choose therefore brethren out from among you seauen men of good reporte c. whom we may appoint to this businesse and this speech pleased the whole multitude then present and they choose seauen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuffe by an Angel comming from heauen much lesse by a Pope comming from the bottomlesse pit for my part I hold him accursed and so vtterly vnworthy the name of a Disciple Secondly the said Canons of Adrian plainely and in flat termes are derogatorie to her Maiesties prerogatiue royall and therefore by the statute of 25. Henrie the eight vtterly abolished Thirdly they are against the customes and statutes of the realme For by all the customes of the realme where any Maior Bayliffe Sheriffe or head officer of anie Borough towne or anie incorporation is to be elected or where any Knight of the shire any Burgesse any Constable any Crowner any Vergerer within any forâ—est and such like are chosen the same officers are alwaies chosen by the greatest part of such mens voices as haue interest in the action Pag. 62 And as touching the statutes of the realme it is likewise euident that they confirming the booke of King Edward the sixth and the Canons not preiudiciall to her Highnesse prerogatiue royall giue vnto the Prince nobilitie gentrie and other faithfull of the land an interest in choice and allowance of their pastours And who can be so void of reason or vnderstanding as to imagine that men renued with the spirit of wisedome in the gospell of Christ should be careful and diligent in the choice of discreet and wise men to be dealers for them in matters pertaining to this transitorie life and yet should be remisse and negligent what guides they approue of to conduct them in the waies of eternall life Or that they should be lesse prouident ouer their spirits and soules than ouer their bobodies and goodes Euery man whether he be in the ministerie or out of the ministerie contrarie to the blind popish distinction of Laitie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choice of his pastour shall haue a spirit giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therfore so greatly feared by Popish idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away faith and a good conscience But we haue boldnes with confidence to approch vnto our God who is able and will assuredly stay the rage of the people and finish our actions with a quiet and peaceable issue And thus much of the face of the church of the choice and consent of the people and Cleargie to be had in the ordering of Ministers Touching the Latine tongue required to be in euery Minister as the lawes haue alwaies had respect to a competent and sufcient knowledge therein so the Act of Parlement made the 13. Elizab chap. 12. hath fully and at large expounded the same and limited the knowledge thereof in these words Pag. 63 None shall be made a Minister vnlesse he be able to aunswere and render to the Ordinarie an account of his faith in Latine according to the said Articles And if any shall be ordained contrary to any prouision of that Act then is he no Minister at all And thus as briefly as I could I haue examined these words mentioned in the booke videlicet calling tried examined knowne qualities the face of the Church and the Latine tongue what meaning and signification by lawes in force the same wordes haue And also what order and forme our Bishops ought by Law positiue to haue vsed in making Deacons and Ministers and what credite and fidelitie her Highnesse and the whole bodie of our Church and common weale haue reposed in them for an orderly vpright and sincere disposition of these things Vnto which trust howe aunswerable their seruice and gouernement hath beene I doubt not but vppon their examinations they will approoue the same to haue beene faithfull iust and equall But by waie of supposition if any shall denie their fidelities to haue beene such as is pretended what remedie then or what is to be done then Heerevnto I aunswere since the perill happening vnto others through their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses would be executed in time to come the punishment of one is a terrour to many and by feare of punishment a man is made good The summe and effect of which Lawe confirmed by Act of Parlement is this videlicet Tam indignè promouens quà m indignè promotus est deijciendus As well the man vnworthily promoting as the man vnworthily promoted is to be deposed Proofs and examples whereof are these In the chapter NIHIL EST EX DE PRAEBEND Order was taken as you haue seene before that not onelie men vnworthie should not be admitted to regiment of soules but it is also in that place prouided in case any thing shall be otherwise vnaduisedly attempted Pag. 64 that then not only the man vnworthily promoted but also the vnworthie promotour should be punished And againe it is Ex de aetate qualit c. penult decreed thus If they shall hencefoorth presume to ordaine any that are vnskilfull and ignorant which may easily be espied we decree that both the ordainours and the ordained be subiect to grieuous So. dist c ex penitentibus 51 dist c. aliquantos 1. q. 1. c. Si qui episc punishment Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordaineth an vnworthie man is either to be deposed or depriued from power to ordaine Againe Si qui Episcopi c. If anie Bishoppe haue consecrated anie such Priest as ought not to be consecrated although in some sorte they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that Sacrament which they vnworthâ—ly haue administred Upon which decree and the word Ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the truth euermore is this videlicet that whosoeuer promoteth an vnworthie man deserueth to be deposed Quia culpareus c. Because hee is culpable committing an order Glos in const Otho de scrâ—â— in ord faciâ—n c. 1. ver ab charge or office to such an vnworthie person And because hee is vnfaithfull communicating his ministerie vnto an vnworthie man to the hurt
a peacemaker but quarrelling at law for tyth onyons apples cheries not a dispensor of the worde of God not a pastor steward to the Lord to teach to premonish to feede and prouide Foll 11. pag. 2. for the Lords flocke if such a one I say yea if too too many such haue bene admitted into the holy Ministerie and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute law be no lawfull Ministers at all VVas the worde of any Bishop only the word of the high Bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe of a nation VVas the lawe of a whole Empire euer tied to the will of one man in a Diocesse If the thing it selfe were not manifest to the viewe of the whole Realme and that the vnlearned ministers in euerie parte of the Realme were not glasses to see these deformities by and that the daily and lamentable complaints in the eares of hir honorable councell were not euident testimonies thereof Yet were their owne registers and recordes thorowly perused they would teach vs sufficiently that these things yea and worse too if worse may be are neither fained nor forged And therefore I conclude thus 1 Wheresoeuer a certaine forme and order to proceede is appointed to any hauing no authoritie before his commission that there if the forme be not kept the processe by lawe is meerely voyd 2 But our Bishops before the making of the statute of Edward the sixt and the confirmation thereof 8. Elizabeth had no authoritie to make Deacons or ministers Pag. 85 3 Therefore their processe not made according to the order and forme of the statute is voyd and therefore our dumbe and idoll Ministers no Ministers at all Herennius Modestinus answered that a Senator was not therefore a Senator because he had his name onely in the table or register where the names of Senators were written vnles he also were made a Senator according to lawe And the glosse vpon that law verifieth the same to be an argument Contra 〈◊〉 qui non sunt rectè in Ecclesiâ—â— coÌ„stituâ— ff quand dieâ— lâ—g vel fideâ— sed l. quod pâ—pillae iâ—â—at gloss Against those that are not rightly placed in Churches If a Legacie be giuen vnto a Pupill whensoeuer she shall marrie if she shall marrie before she be Viâ—i potens the Legacie is not due vntill she be Viri potens quia non potest videri nupta quae virum pati non potest nec videri factum quod non lâ—gitime fit Finally in the preface of the booke of ordering Ministers are these words And therefore to the intent these orders should be continued and reuerently vsed and receiued in this Church of England it is requisite that no man not being at this present Bishop Priest nor Deacon shall execute any of them except he be called tried examined and admitted according to the forme hereafter following And in the 13. yeare of Elizabeth cap 12. it is enacted that all admâ—ssions to benefices institutions and inductions to be made of any person contrary to the forme or prouision of this act and all tollerations dispensations qualifications and license whatsoeuer to be made to the contrary hereof shall be meerely voide in lawe as if they neuer were Another principall reason why these idoll Ministers should not haue so much as the onely name or title of Ministers in word much lesse the place and benefite of Ministers Cod. de autorita praestand l. eum qui. 6. â— 7. si quis deinceps â—x de simo non satis in deede may be for that in deede and truth they haue intruded themselues into the Ministerie onely by fraude and deceite and haue not entered thereinto Bona fide iusto titulo In good faith and by a iust title He that knoweth a Pupill to be vnder age and yet will contract with him without consent of his Tutor Pag. 86 or he that will receiue a Church from the hand of a Laye man or he that will buye and sell Cod. de autorit praestand l. eum qui. 6. q. 7. si quideinceps extra de simo non satis Extra de râ—gu in c. qui contra A contract made betvvene the Bishop and the minister not obserued things dedicate to religious vses cannot in these actions meane any good faith or vse any good conscience because qui contra iura mercatur bonam fidem praesumitur non habere He that against lawe maketh marchandize is presumed not to haue good faith Now in the manner and forme of making Ministers and their admission you haue heard of a solemne couenant and contract by open protestations on both sides made betweene the Bishop and the partie the Bishop demaunding spondes putas facies doest thou promise doest thou thinke wilt thou do The party answering spondeo I do promise puto I doe thinke faciam I wil do it This contract or couenant by law Ciuil is called stipulatio verborum a sure bond made by words and may be called a contract by word By the law of England it is called an assumption And to the end this contract be good in effect as in al other coÌ„tracts so in this especially it is requisite that the same be made bona In ff pro solut l. 3. Cod. de vâ— sur l. venditioni In Cod. de actio oblâ—g l. bonam fide interueniente good faith comming betwene as wel on the part of the demandant as on the part of the answerer For saith the Emperour Bonam fidem considerari in contractibus aequum est Equity requireth that good faith be considered in contracts And that either to this ende Vt cessei dolus ad eorum essentiam or to this end vt cesset dolus ad eorum effectum that guile may cease to the substance of the contract or yâ— guile may cease to the effect of the contract For though according to the nature ff de dol l. elegantâ—r ff de verb. oblâ—g l si quis eâ—m condition of this contract by word the party fraudulently deceiued be notwithstanding by rigour subtilty of law bound to the contract yet inasmuch as the lawe prouideth him a remedy against this mischiefe giueth him a peremptory exception vtterly to exclude yâ— agent from any benefit of his action the contract I say in effect being reuersible is in effect no contract the aduerse partye to be cleared Pag. 87 from the performance thereof Quia contractas non sortitur effectum pâ—opter exceptionem doli The couenant taketh no effect by reason of the exception of guile The law it selfe followeth Si quis c. If any when he had couenanted to be bound after one maner yet notwithstanding by circumuention is bound after another manner he shall in deede stand bound vnto thee by the subtiltie of lawe but he may vse an exception of deceit for in as much as he
Admitting a deacon neither yet there or in him is it necessarilie required but onelie it is said that The Bishop may vpon a sundaie or holie daie admit such a man so qualified as is there prescribed a deacon The other circumstances by the author set downe which he thought he might carrie awaie in a cloud with a streame of words as of Churches being destitute of a pastor of a solemne assemblie and conuocation of the cheefest of the gouernours of the church to be gathered togither in the cheefest citie of the diocesse to present c are required without booke by our author and are belike some Falsificatiō of the booke part of another platforme which he mistooke in stéed of this church of Englands order But if he inforce those words of the statute 8. Eliz. confirming the said booke And shall from hense-foorth be vsed and obserued in all places within this realme for the necessarie obseruation of euerie circumstance arbitrarie afore then must we desire him to rub ouer his logike and his law and to remember that herein we must Reddere singula singulis that such things as were of substance in the booke and such as were of circumstance or arbitrarie solemnitie are not hereby altered but are to be taken in that nature now as they were before in the booke As concerning the qualities requisit in one to be admitted a deacon I maruell he will number Follie in the author that which resteth in experience afterward and which the partie is to promise in time to come to performe to wit To be diligent in his calling as a thing to be weied before his admission And if by the circumstance of Calling he thinke may be inferred anie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or popular election or any other deuise whatsoeuer more than an inward good motion of the partie he may be conuinced sufficientlie by those words Shall present such as come to the Bishop to be admitted The circumstance of being presented by the archdeacon although at solemne and set ordinations it be most vsuall yet is it not of such necessitie but that it may as well be omitted as the Bishop may ordeine one alone when there is no more though the words of presenting doo run in the plurall number To which effect it is also said in the preface that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertuous conuersation c may admit him c so that the circumstance of Presenting is not of any substantiall forme of the matter In reckoning the offices of the deacon our Falsificatiō author omitteth this limitation In the church where he shall be appointed also to baptize and to preach if he be admitted thereto by the Bishop and this likewise to serch for the sicke poore c Where prouision is so made as not seruing belike so fitlie his turne as he wisheth Whereby we may gather what libertie this man who findeth such fault with other for omitting such and so manie requisites as he fansieth dooth yet permit vnto himselfe to leaue out of his owne distributions 18. Section Pag. 32 33 34 35 36 37. OUt of a part of the forme of ordering priests in this section our author thinketh he hath obserued two Principall points for his purpose one that The minister chargeth himselfe to teach and instruct the people committed to his charge with the doctrine of holie scriptures and this he passeth ouer verie bréefelie The other which deserued with him a marginall direction is that The Bishop bindeth him as well to minister the discipline of Christ within his cure as the doctrine and sacraments of Christ c. and that therefore the minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse The first whereof perteining to teaching required of the minister although it prooue not a necessarie coherence of preaching with the ministerie séeing manie besides preachers as the father the maister and the housholder are to teach and instruct in godlinesse those who are of their charge yet is it more peculiarlie incident to the treatise here in handling than the other obseruation concerning discipline But shall we saie that this man is well aduised in seeking to inspire euerie minister with a power The authors contrarietie to execute all discipline in the church and that by law now in force when as in a peculiar treatise of this booke he laboureth to prooue that by law Excommunication by one alone is forbidden whereby he pulleth downe with one hand that which he built with the other and sheweth himselfe either verie forgetfull or passing inconstant And herevpon I would be resolued by the author or some other whether he thinke this endowment of euerie minister with the execution of all discipline admitting but not granting it to be so by law to be a conuenient policie for the vnitie and quiet of the church And whether he himselfe had not rather be vnder the forme now in practise in regard of his owne contentment than vnder the infinit dictatorship of his owne minister Or else whether should appellations from the judgement of the minister in this respect be allowed of and whether to the Bishop or to whome And whether the Bishop by this interpretation of law shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister and in euerie seuerall parish as aforetime seeing the author saith As well as the Bishop in his diocesse And if he shall what if the Bishop vpon good cause and for abusing of the authoritie shall suspend the minister from his iurisdiction of executing discipline Is he not at the same point he was at before And what if the Bishop himselfe dwell in the parish who shall then haue the preheminence And what if the ministers discretion serue him vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish whose indignation may turne the whole church to great mischéefe Or to procéed against his patrone who peraduenture hath a bond of him to resigne As manie couetous coruorants and Nimrods haue in these daies whereby the ministerie is more enthralled to the corrupt deuotion of one man than by all the lawes that any waie may concerne them The author séemeth to me to diuide the discipline of the church which he would intitle euerie minister vnto into admonition denuntiation and excommunication If by denuntiation he meane the publishing of excommunication done by himselfe then is it a part thereof if as I rather thinke he meane the second degrée of procéeding vpon faults not publike specified in the 18. of S. Matthew then is this common with the minister vnto all other christians euen as admonition is being the first degrée And where the minister is the partie offended and hath not preuailed neither by his admonition in priuate nor his denuntiation before two or
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
ministrare quos curare deberet ne diuer simode inficeret eosdom moribus exemplo It is perillous for the people vnder him to whome hee ought to minister the Sacraments and whome hee ought to heale that he diuersly infect them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant He cannot put away other mennes sinnes whome his owne sinnes deuoure And againe Periculosum est decentiae ecclesiae in scandalo populari It is daungerous for the Decencie of the church to be in anie publike slaunder or offence Againe Malus praelatus dicitur lupus rapiens praedam An euil prelate is saide to be a wolfe 83. distine nihil 2. q. 7. Quinec rauening his praie He is said to be Canis impudicus propter defectum regiminis A shamelesse dogge for want of gouernement Hee is saide to be Coruus propter peccatorum nigredinem As blacke as a Rauen for the foulenesse of his sinnes Hee is saide to be Sal 2. q. 7. Non omnis infatnatus ad nihilum proficiens Unsauorie salt profitable for nothing Hee is saide to be Porcus A Swine Hee is saide to be 4 c. Dist in mandaris Glos lind de offic Archis pres c. fin v. canss Capo A Capon because as a Capon can not crowe no more can a dumbe Prelate preach And to conclude Praelatus qui in doctrina mutus est non est verè Praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as hee exerciseth not the office of a Prelate Pag. 29 These Canons and Constitutions not contrariant or repugnant to the Lawes Statutes or Customes of this realme neither derogatorie to her Highnesse Crowne and dignitie and therefore authorized by Act of Palament ought to haue beene better knowen and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue bene But yet besides these former decrees lawes and ordinances and the seuerall reasons principles and maximes wherevpon they were first grounded there remaineth somewhat more behind diligently to be considered the which thing the more earnestly euery man shall rightly weigh the more may he be astonished A thing done in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very haire of the heads of the standers by stare not for feare least the Lord in his righteous iudgement should execute his terrible vēgeance vpon them Thus standeth the case some pastoral church or churches being destitute of a Pastor or Pastors to feede the people a solemne assembly and conuocation of the chiefest of the gouernours of the Church must be gathered together and that not in an angle of a poore country village but in the chiefest citie of the Diocesse and that not on a workeday but either on the Lords day or on some other of their owne festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lord an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meete and acceptable for his maiestie euen men meete to serue him in his spirituall warres and to be Pastors to feede his people with spiritual foode of his holy word men meete to take vpon them the most highest and most noblest callings that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy Gospell Pag. 30 This I say is the actien wherof deliberate consideration is to be had and whereof followeth a discourse and wherein when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter themselues bleare the eyes of others and which is most execrable as it were mocke and delude the Lord to his face Well then let vs consider what is done herein In the time of that vertuous King Coward the firt an order and forme was appointed by act of Parliament for consecrating Archbishops and Bishops and for the making of Priestes Deacons and ministers Which statute is reuiued and the same order and forme approued in the right yeare of his most excellent raigne The words of the statute are these And that such order and forme for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons Ministers as was set forth in the time of the sayd late King and authorized by Parliament in the fifth and fifth yeare of the sayd late King shall stande and be in full force and effect and shall from henceforth be vsed and obserued in all places within this Realme and other the Dutines maiesties dominions and countries The title of the booke is this Pag. 31 The forme and manner of making and consecrating Bishops Priests and Deacons And first to intreat of Deacons according to Ordering of Deacons the forme of the booke you shall vnderstande that in the order and forme of making Deacons three things principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstances in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without crime Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy Scriptures Fourthly he must be a man meete to exercise his ministerie duely Fiftly he must beleeue all the Canonicall Scriptures Sixtly he must be diligent in his calling Seuenthly he must be inwardly moued to that office by the holy Ghost And as touching the circumstances First he must be called Secondly tried Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his Deputie Fiftly he must be made on a Sunday or holy day Sixtly he must be made openly in the face of the Church where must be an exhortation made declaring the duetie and office as well of the Deacons towards the people as of the people towards the Deacons Lastly touching the office committed vnto him it is First to assist the minister in diuine seruice Secondly to reade holy Scriptures and Homelies in the congregation Thirdly to instruct the youth in the Catechisme Fourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient aimes Pag. 32 The forme of ordering Priestes COncerning the making of Ministers not onely all those thinges before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaunds and answers following must be made and giuen Bishop Doe
you thinke in your heart that you be truely called according to the will of our Lord Iesus Christ and the order of this Church of England Answere I thinke it Bishop Be you perswaded that the holy scriptures containe sufficiently all doctrine required of necessitie for eternall saluation through faith in Iesu Christ And are you determined with the said Scriptures to instruct the people committed to your charge and to teach nothing as required of necessitie to eternall saluation but that you shall be perswaded may be concluded and proued by the Scripture Answere I am so perswaded and haue so determined by Gods grace Bishop Will you giue your faithfull diligence alwaies to minister the doctrine and sacraments and the discipline of Christ as the Lord hath commanded and as this realme hath receaued the same according to the commaundement of God so that you may teach the people committed to your care and charge with all diligence to keepe and obserue the same Pag. 33 Answere I will In these two answers and demaunds last specified are principally contained two things First the Minister chargeth himselfe by a solemne vow to teach and instruct the people committed to his charge with the doctrine of holy Scriptures Secondly the Bishop by vertue of the order and forme appointed by act of Parliament bindeth him The Discipline of Christ commanded by Parlement as well to minister the Discipline of Christ within his cure as the doctrine and sacraments of Christ as the Lord hath commaunded as this realme hath receiued it according to the commaundements of God And therefore euery Minister by vertue of this statute law may as wel adinonish denounce and excommunicate offendors within his charge as a Bishop may within his Diocesse the words are copulatiues and therefore Non sufficit alterum sed oportet vâ—â—umque fieri It is not sufficient to doe one but both And these words before rehearsed Will you giue your faithfull diligence alwayes to minister the Doctrine and Sacraments and discipline of Christ as the Lord hath commaunded and as this Realme hath receiued the same according to the commaundements of God haue in them two speciall points to be considered one touching the doctrine and sacraments of Christ the other concerning the discipline of Christ out of which two braunches proceede two other questions First whether euery minister ought not to exercise the Discipline of Christ by force of this demaund and answer as well as the doctrine and sacraments Secondly whether these namely the doctrine sacraments and the discipline be to be ministred simply as the Lord hath commaunded or els whether they be to be ministred onely as this Realme hath receiued the same without the commaundement of God For these words according to the commaundements of God are but Synonima vnto those which went before Viz. as the Lord hath commaunded and so signifie but one thing Pag. 34 To the first his owne promise to the bishops interrogatorie bindeth him as well to minister the Discipline as the doctrine and Sacraments To the second if you answere that the doctrine and Sacraments and Discipline of Christ are simply to be ministred as the Lorde hath commaunded then it must needes follow if this Realme hath receiued the same according to the commaundement of God that the lawe of the Realme and the Lawe of God commaund both one thing and so by both Lawes the doctrine and Sacraments and Discipline are to be ministred as the Lorde hath commaunded But if you shall say that these things are to be ministred onely as this Realme hath receiued the same though not according to the commaundement of God then these words of the article following viz. As this Realme hath receiued the same according to the commaundement of God conuinceth you of a slaunderous tongue against the whole state and Church of God For hereby you accuse them of great impietie and vngodlinesse and attaint them of high treason to the maiestie of God as though the intent of the whole state were to haue the doctrine and Sacrament and Discipline of Christ ministred according to the commaundements of God in case the lawes of the Realme had so receiued the same and not otherwise And so to haue restrained the commaundements of God by the lawes of the Realme and so to haue concluded an impossibilitie limiting and restraining the greater by the lesse and a lawe most perfect by a lawe vnperfect and not rather the contrary to haue restrained in deede the lesse by the greater the lawes of the Realme by the commaundements of God an vnperfect law the law of man by a most perfect and absolute law the law of the most Highest Pag. 35 which is manifest by a threefold repetition of the one as the Discipline of Christ Secondly as the Lord commaunded Thirdly according to the commaundement of God where the lawes of the Realme are but once onely mentioned Againe in the ordering of Archbishops and Bishops the Archbishop demaundeth of the Bishop this question Will you maintaine and set forward as much as shall lye in you quietnes peace and loue amongst all men and such as be vnquiet disobedient and cryminous within your Diocesse correct and punish according to such authoritie as ye haue by Gods word as to you shall be committed by the ordinaunce of this Realme Doe these words and as to you shall be committed by the ordinaunce of the Realme restraine and lymit these words which went before to correct and to punish according to such authoritie as ye haue by Gods word Pag. 36 Surely they can haue no such interpretation For the meaning of these wordes is that euery Bishop should by the ordinaunce of the Realme haue his office committed vnto him and once hauing his office so committed vnto him by the ordinaunce of the Realme then to correct and punish according to such authoritie as he hath committed vnto him by Gods word and as he is appointed by the ordinaunce of the Realme to execute Neither hath the Bishop any authoritie giuen him by these words to correct or punish any otherwise then the lawes of God permit him though the lawes of the Realme were not agreeable to the law of God And in like case I conclude that a Minister bound as you haue seene before to minister the Discipline of Christ ought so to minister the same as the Lord hath commaunded though the lawes of the Realme should not haue receiued the same For no Discipline in truth can be sayd to be the Discipline of Christ vnlesse it be in deede ministred as the Lord Christ hath commaunded the same should be ministred And therefore as no Bishop may or ought to correct or punish any transgressor any otherwise then according to the lawes of God so no minister ought to exercise any discipline then such as the Lord Christ hath commaunded If it be alleadged that our Discipline vsed in the Church of England be in very deede the very same Discipline
Otho I haue before cited this decree following which Constitu Otho Sacer. may aptly be repeated againe to prooue the hauing of a scrutine to be necessary before the making of Ministers as it was there to proue what qualities were requisite in them Quare cum nimis periculosum sit c. Considering that it is a thing verie perillous to ordaine men vnworthie idiots illegitimate irregular persons vnlearned persons vagarant and such as haue not anie certaine or true title indeed we ordaine that before the conferring of orders diligent inquisition and search be made by the Byshoppe of all these things And the glose vpon the word antè Est ergo necessarium c. It is therefore necessarie that this scrutine of the examinants preceede the conferring of orders euen as the commaundement of the father or maister must necessarily preuent the taking of an inheritaunce by the sonne or by the seruant and this must be so done for the irreuocable preiudice that otherwise might happen And because this collation hangeth on the disposition of law any preposteration contrarie to the order appointed by law shall annihilate the whole act Againe an other glose hath these wordes Ordinandi ita sunt subtiliter examinandi inquirendum est de natione in qua nati sunt an sint de illa diocesi an legitimè nati an bonae famae Men to be ordained are Glos in cap. constitutus ver ordinanâ— dos exide purgatione c. narrowly to be examined and there must inquirie be made what countrie men they are whether they be of the same Diocesse whether they be legitimate whether they be of good fame Quia in nullo debet eorum opiâ—â—o vâ—cillare Because their credite ought not to be Distinc 33. 〈◊〉 shaken in anie case And the Pope in that Chapter reprehending the curiositie of the Bishop vnto whome he writeth for too too narrowly inquiring after the manners of certaine compurgatours Vtinam saith he sic discuteres ordinandos I wish thou wouldest make such inquisition of those whom thou preferrest to holie orders Another reason why a Minister should be tried is because he must be learned but qualitas extrinseca vt literatura non praesumitur nisi probetur Glos de elec le â— ca si â—orte ver 〈◊〉 â—â— Dâ—â—â—tu â—â—p l. qui liberos An outward qualitie as learning is not presumed to be in a man vnlesse it be so prooued and therefore he is to be examined vpon the same Pag. 53 Et vbi dare volo filiam meam id est ecclesiam in sponsam debeo inquirere de dignitate sponsiâ— ratio quia eligens tenetur inuenire conditionem debitam filio And where I minde to giue my daughter that is to saie a Church to be a Bryde I ought to Extrauag â—om c. ad â—uiusâ—â—bet de praebâ—nd dig The triall of Ministers enquire of the worthinesse of the Brydegroome videlicet of the Prelate the Brydegroome of the Church and the reason is for that euerie father choosing an husbande for his daughter is bounde by lawe to choose one of condition meete for his daughter In forme and manner of ordering Deacons by the Booke of Edward the sixth a certaine triall is likewise commaunded the Bishoppe vsing these wordes to the Archedeacon Take heede that the Persons whome yee present vnto vs be apt and meete for their learning and godlie conuersation to exercise their ministerie duelie to the honour of God and edifying of his Church This manner of triall cannot better appeare than by a comparison to the proceedings and Commencements in Oxenford or Cambridge familiarly knowen to Schoolemen in both Uniuersities Whosoeuer is to take any degree in Schoole either Bacheler Maister or Doctour in anie facultie he must first set vpon the schole doores his questions where in he is to aunsweare He must publikely aunsweare to euery one that will appose him he must afterward in the Uniuersitie Church submit himselfe priuately to the examination of euery one of that degree wherevnto he desireth to be promoted He must afterwards be brought by his presenter into the congregation house to the iudgement and triall of the whole house and if he shall there haue a sufficient number of his superiours voices allowing his manners and pleased with his learning he is then presented by one of the house to the Vice-chauncellour and Proctours and by them as Iudges in the name of the whole house admitted to his degree The examination whereof mention is made in the Booke of King Edward the sixth somewhat varieth from this kinde of trial and consisteth in the interrogatories betweene the Bishoppe demaunding and the parttie aunswering For saith the Bishoppe Doe you thinke c. Do you vnfainedly beleeue c. Will you applie c. Pag. 57 And the partie aunsweareth I thinke so I doe beleeue I will c. For saith the Booke then shall the Bishop examine euerie one of them that are to be ordained in the presence of the people after this â—l 7. pag. 1. manner following Do ye trust c. Do ye beleeue c. There is also to be required by the Booke that the Bishoppe shoulde haue knowledge of the partie to be made a Deacon or Minister Which knowledge euery man wil gesse should not be a bare view or externall sight of the comelinesse and proportion of his bodily shape and personage but a sure and stedfast iudgement grounded vpon substantiall proofes of the vertues and ornaments of his minde and the same also should be a farre more exquisite knowledge than onelie to know the man to be an honest man because the Booke requireth him also to be an apt and meete man to execute his ministerie duelie for which one amongest euen the meanest of vs all hauing vppon a sodaine espied one like an honest man yea or one happily commended vnto vs to be a right honest man indeed which one I saie of vs would foorthwith familiarly greete this man clappe his handes vppon his head and liberally entertaine him to teach his sonnes Demosthenes in Greek or Cicero in Latine the partie him selfe being such a one as neuer had learned the Greeke Alphabet or the Latine Grammar Would we not be thus circumspect trow you as to trie his cunning ere wee trusted his honesty in this case With what qualities such as are to be made Ministers or Deacons ought to be adorned hath beene alreadie sufficiently declared out of the lawes positiue in force And now what is to be vnderstoode by the face of the Church whereof mention is made in the saide booke that that followeth may sufficiently instruct Distinct 24. c. quando vs. The Canon law touching this point saith thus Alià s autem c. Pag. 58 But otherwise let not a Bishoppe presume to ordaine anie without the councell of the Cleargie and the testimonie of the people Againe see that solemnly at a conuenient time and in 70. Distinct c. ordinationes the
Gospell For what though an Heretike by the iudgement of an hereticall Synagogue obtaine the roome of a sacrificer in the same Synagogue and hauing once obtained it may not be remoued from the same roome by the former rule of lawe Though this be true I say what auaileth it to confirme that a sacrificing Priest by vertue of his admission vnto the Synagogue ought to haue a place of ministration in the Church of Christ For though he were admitted in the one yet was he neuer admitted in the other And therefore it resteth firme that they ought not to haue bene admitted then when as the whole manner of the gouernment of the Synagogue should haue bene altered For as at that time their lawes were vnaduisedly translated from them vnto vs So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatikes and Heretikes by the lawes of our religion and therefore not to haue bene admitted by the lawes of their owne profession Yea if they remaine Idolaters still or keepe backe from the people of God the word of God they are to be remoued still their ietting vp and downe in their square ruffling and white philacteries or mumbling their mattens and euensong are not so forcible to keepe them in as their insufficiencie negligence contempt and idolatrous hearts are to thrust them out And yet no part of good holesome and christian gouernment and pollicie chaunged For though Iosiah moued by compassion benignly suffered the Priests of Baal repenting of their idolatry to receiue tithes and offerings with their brethren the Leuites Yet he straightly charged them not to enter into the Lords Sanctuary to do any manner of seruice there Neither did this his religious fact any whit hinder the outward peace of his kingdome Wherefore if a Bishop an Abbot an Archdeacon an Elder a Physition a Iudge an Aduocate a Iaylor a Tutor a Schoolemaister an â—rator and a Philosopher by iustice and equitie of lawe for vnabilitie insufficiencie negligence or other defects ought to be deposed and remoued off and from their roomes places offices and honors how should a pretensed Minister onely intruding himselfe to an office of most high calling and excellencie and vtterly destitute of all gifts and graces sit for the same be suffered to keepe and retaine the proper right and title of an other as his owne lawfull possession and inheritance Had the worshippers of the false gods care that their idolatrous Priests should haue knowledge of their idoll seruice and shall we the worshippers of the true God be blameles before his iudgement seate in case we maintaine such to serue him in the ministerie of his holye Gospell as whose seruice the veriest Paynymes and Idolaters would Cod. de Episâ— co 〈◊〉 l. Si quis 〈◊〉 〈◊〉 12. refuse to haue in their Idoll temples And though these be sufficient proofes to euery one not addicted to his owne will preferring the same to all reason that prohibitus clericaâ—i debet reuocari ad pristinum sâ—atum per manus iniectionem and that serui vitam monasticam deserentes Cod. de Epâ—sc â— clerâ— l. 〈◊〉 ad prioris domini seruitutem restituuntur One prohibited to be a Clarke ought to be reduced to his former estate by authoritie of the Magistrate and seruants forsaking their monasticall life to be restored to the bondage of their former maister Pag. 76 And that Infamia non solùm impedit praefici sed etiam remoueri facit à dignitatibus habitis An infamie doth not only hinder a man to be preferred but also causeth him to be remoued from dignities already recouered Though I say these former proofes be sufficient to confirme these assertions yet to make Cod de correÌ„ â—â—nfamia lib. 10. de digâ—â—tatâ— l. Iudices lib. 12. the matter somewhat more plaine I haue thought good to reexamine the order and forme appointed by the former statute for the making of Deacons and Ministers that if vpon examination thereof also there doe appeare such a defect by statute law as whereby our dumbe and idoll ministers be no ministers in deede and truth but onely in shew and appearance that then therevpon order may be taken by her Maiestie for the displacing of them and for the placing of other lawfull and godly Ministers in their roomes For as the statute hath limited a certayne order and forme of making Deacons and Ministers so hath it appoynted that all that are made according to that order and forme should be in deede lawfull Deacons and Ministers The wordes of the statute are these And that all persons that haue bene or shall be made ordered or consecrated Archbishop Bishop Priests and Ministers of Gods his holy word and sacraments or Deacons after the forme and order prescribed in the sayde order and forme how Archbishops Bishops Priests Deacons and Ministers should be consecrated made and ordered be in very deede and also by authoritie hereof declared and enacred to be and shal be Archbishops Priests Ministers Deacons and rightly made ordered consecrated any statute lawe Canon or other thing to the contrarye nowwithstanding Which statute hath two braunches the one appointing the forme and manner of making Deacons and Ministers the other authorizing Deacons and Ministers made and ordered after the forme and manner prescribed in the sayd booke to be in very Pag. 77 deede rightly and lawfully Deacons and Ministers and so to be taken and reputed It followeth then that if the first braunch of the statute be broken and that the forme and order be not obserued that the second braunch can take no place for that in deede the validitie of the latter dependeth altogether vpon the obseruation of the first For it is plaine and euident by law that if you would haue a second or latter action to be good and effectuall because it is done say you according to a forme and order precedent you must first proue that the precedent was accordingly done or els the consequent can take no place And therefore if the forme and order prescribed by the booke be not obserued in making vnlearned Ministers I say then that vnlearned Ministers by law are no Ministers at all And why Neque eum ff ad â—â—g fal l. siâ—â— qui § quaedam vâ—â—um balneum aut vllum theatrum aut stadium â—ecisse intelligitur qui ei propriam formam quae ex consummatione contingit non dederit Neither can he be thought to haue made any â—ath or any theater or any race who shall not giue it that forme which perfecteth the same Againe â—â—â—or in ea â— extra de Iudi◠〈◊〉 Vbi ad substantiam aliâ—â—ius actus exigitur certa forma 〈◊〉 sâ— super alio actu debet quis probare formam praeâ—â—ssisse Where to the substance of any act a certaine forme is required founding it selfe vpon an other act there a man ought to proue the forme to haue passed before As for example In an
that a minister made though farre vnder that sublimitie of perfection which he fansieth is not rightlie and dulie called But in truth that rule which saith It is all alike that a thing be not done at all or not to be done as it ought is especiallie to be vnderstood where a man is exactlie tied to performe some thing in this or that sort wherein the bond in rigor of law is not satisfied except the precise forme and maner of the couenant be obserued But as the physicians doo teach vs that a man may be trulie said to be in health though he haue not that most exact temperature of qualities in which nothing is superfluous nor wanting bicause he is In latitudine sanitatis euen so bicause the sufficiencie required in a minister consisteth not in a point of perfection where no degrée of more or lesse is admitted but hath his latitude if I may so terme it a man may well inough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deserue the name of a sufficient minister which dooth not attaine to the highest degrée of comparison So there is a rule that it is in effect all one not to be and not to appeare to be Which though in a iudge who must followe Allegata probata it haue his place yet to other intents it cannot be said that a thing is not at all bicause it appeareth not As to the other rule which he bringeth that he is not said to paie which paieth lesse than he ought euerie child knoweth that though it be no full satisfaction yet if the creditor doo demand the whole summe hauing receiued part Dabitur aduersus eum exceptio de dolo And here in England if the obligor accept of part of his monie it is a barre against him that he cannot sue the forfeiture And therefore as it may trulie be said that a man paieth monie though he paie not all that he ought so may one well inough be said to be a minister though he be not so exquisitelie qualified as might be deuised 6. Section Pag. 11 12. THis § Pro defectu scientiae quoted False quotation with corruption in the margent Ext. de Praebendis C. venerabilis and brought by the author to prooue that He which hath vnworthilie taken vpon him the gouernement of anie church may foorth with forgo and renounce the same if it had béene honestlie handled and had made so fullie to his purpose as he would séeme he would not haue set vs a worke thus vpon a paire of tarriers to séeke it where it was not or else he would haue noted it amongst other as a fault escaped in printing But the saieng though fondlie depraued by him is found C. nisi cùm pridem Ext. de renuntiatione and no tidings are of it in the place whither he sendeth vs. The text it selfe hath For the most part a man may desire to giue place for want of knowledge which in his allegation is altogither omitted as though it were generall The text hath Praesul salubriter ei renuntiat The Bishop or prelat dooth not amisse to renounce the church to him committed which he must gouerne in both that is in spirituall and temporall things The Abstractor in stéed hereof hath Let it be lawfull for him that hath charge to gouerne the church in these things to renounce c. omitting wholie the word Praesul bicause he would haue retched it out to haue serued to euerie inferiour minister being neuerthelesse sufficientlie bewraied by those words About the charge of temporall things in which also as in spirituall things he which is here spoken of is to gouerne the church wheras in inferiour benefices there are no temporalties to be gouerned in right of such churches But the insufficiencie of knowledge which here is vnderstood and the authors plaine dealing herein is set out sufficientlie in the verie next word following Neuerthelesse although notable or eminent knowledge is to be wished for in a pastor yet competent knowledge in him is also to be borne with bicause according to the apostle Knowledge puffeth vp but charitie dooth edifie and therefore the perfection of charitie may supplie that which is vnperfect in knowledge * C. post translationem d. Whereby appeareth that euerie insufficiencie of knowledge yea in a Bishop much lesse in a minister is no sufficient ground for him to desire to giue place and to resigne but such ignorance and want of discretion as maketh him vtterlie vnfit to wéeld the spirituall and temporall matters of his church And where the text saieth He may desire to giue place it ouerthroweth the purpose for which it is by the Abstractor alledged as though a man might of himselfe foorthwith forgo and renounce his charge whereas * C. d. in fine C. dilecti d. C. quidam tendendi d. C. admonet d. C. literas d. C. cùm venerabilis Ext. de consuetudine indéed he is to desire it at his superiours hands or else he cannot resigne nor be deuested of his function And therefore the Maior of his second syllogisme of this section pag. 12. is not simplie true as by these laws here quoted more fullie may appeare 7. Section Pag. 12 13 14. IT is not denied but that the debilities and infirmities of age may be such as it should be requisite the superiour to giue such a one vpon his request leaue looking sufficientlie into the cause to giue place vnto another more able to execute that function and in case he doo not desire the relinquishment of it then * Ext. de clerico aegrotante per totum c. quia frater 7. 9. 1. the law in such cases prouideth that a coadiutor with some competent portion out of the liuing be assigned vnto him and not that he should violentlie be thrust out from a right * Reg. sine culpa de regulis iuris Pontificij once growne vnto him without his owne fault contrarie to all reason example and humanitie It were too lamentable that men which either as magistrates or councellors in the common-wealth or as faithfull stewards in the Lords house haue by due desert atteined dignities and offices during their life by reason of Gods visitation by sicknesse or for his blessing of manie yeares and old age which of it selfe as physicians saie is Quidam morbus should as old hounds be vtterlie shaken off to the wide world And where the Bishop mentioned in this canon did desire of the pope in regard of his age and infirmitie that by his aduise he might place another in his stéed our author plainelie falsifieng the text translateth Cum nostro consulto Falsification of the law Without aduise to the intent he might iustifie that without licence of his superior a Bishop or minister may renounce their function Yet euerie debilitie of bodie arising of infirmitie or of old age is not a sufficient cause whie a man either should desire or haue libertie granted to resigne And * C.
admitted such a person into the ministerie and of set purpose then would he also haue reiected such as being verie woorthie haue offred themselues to that function which to this daie I neuer did heare to haue béene surmised by any man against any of those reuerend fathers whom I persuade my selfe it is a singular comfort vnto when they may be meanes and instruments of bringing woorthie workemen into the Lords haruest 12. Section Pag. 21. THat which is heere brought out of the cōmon Extrauagants though the Author telleth vs that it ouerthroweth the authorising or ratifieng of an vnpreaching or vnlerned ministerie which no man I hope wisheth to haue established whereas yet manie doo thinke that he is not straightwaie to be accounted An intrudor without any lawfull calling or no minister at all which wanteth that perfect abilitie required to be in a preacher yet dooth the said constitution speake no one word concerning ministers or secular priests as they then termed them as to that effect and purpose but onelie prouideth certeine priuiledges for so manie as should be deputed therevnto of the order of friers preachers and minors commonlie called graiefriers common extrauagants Wilful corrupting of the text indeed and wanderers that they might heare confessions haue certeine benefits at burials and preach in any church or street fréelie without licence of the Bishops Diocesan sauing in certeine cases these friers indéed and not onelie Brethren as the author craftilie and vntruelie hath translated them vnder the fauour of the equiuocation of the word Fratres yea nor all of them neither but such as by their prouincials should be especiallie culled out for that purpose the Pope meaning to authorise to preach where they list least the secular priests of whome also mention is made but without any mention of their preaching should thinke themselues wholie disgraced by this vnbounded and vnconfined libertie giuen vnto the friers he did therefore thinke good besides an apologie in the friers behalfe full of commiseration made by him in the end of this constitution vnto the secular priests to exact also some speciall qualities in these friers thus to be sent on shriuing and preaching vnto the which the secular priests looking and finding themselues inferiour might with more patience be induced to tolerate the friers to preach and heare confessions in their cures Yet to the intent it may fullie and plainelie appeare that neither this canon nor any other in force exacteth of euerie inferiour minister necessarilie to be a preacher it is to be vnderstood that though this canon alledged be plainelie by him falsified and perteineth onelie to a few friers which should be chosen out of all the heard for this function yet is it also * cl 2. dudum de sepulturis reuersed by a later pope and standeth in no force otherwise than it agréeth with the canon of Repeale Furthermore the * c. 1. excommunicamus §. quiae verò Ext. de haereticis law flatlie decréeth thus Seeing th'apostle saith How shall they preach except they be sent Therefore all that either be expresselie forbidden or not sent by the authoritie of the apostolike See or of the catholike Bishop of the place and yet shall presume to vsurpe the office of preaching publikelie or priuatelie let them be excommunicate and except they shall speedilie reforme themselues let them be further punished according to their deserts And the glosse vnto this purpose dooth * Gl. in c. quod Dei timorem in verbo priuilegiatum Ext. de statu monacho thus gather In this is the office of preaching priuiledged because no man ought to preach except it be committed vnto him by the Bishop of the place or the apostolike See and those who by election are chosen vnto it as is expressed in Cl. 1. de regula in Cl. dudum § huiusmodi de sepulturis which be places spoken of these friers whereof we doo intreate And so you sée the authors plaine dealing and his impregnable proofes both against those thrée degrées of learning in ministers afore mentioned and also for this conclusion that none may vpon anie occasion whatsoeuer be tolerated in the ministerie which is not an able preacher yea euen by the canon law it selfe 13. Section Pag. 22 23 24. THe principall scope of this section conteining a prouinciall constitution of this land and the authors exposition of it is to prooue that the Competent and conuenient knowledge which euerie minister ought to be adorned with is at the least to be able To expound in the vulgar toong vnto the people euerie quarter of a yeare once certeine principles of christian religion there specified Surelie if by this Expounding in the vulgar toong he thinke such an exposition to be meant as preachers vsuallie doo make vpon a text he will be easilie conuinced by the words here vsed the circumstances For if a sermon had béene ment by Expounding in vaine was that added In the vulgar toong except otherwise the lawemakers had feared they would haue vpon those texts preached in Latine vnto the people whereof there was no great danger at that time that it néeded so to be prouided for And therefore to expound in the vulgar toong must néeds be vnderstood to declare it into English word by word as it laie in the Latine except you will saie it should be doone in more words with some reasonable paraphrase for the peoples better conceiuing of it which yet séemeth to be somewhat abridged and restrained in these words Without intermedling of anie subtiltie according to his owne fansie Further whie should this alternatiue be set downe Either vpon some one or more festiuall daies seeing by no possibilitie it could be intended that he could runne thorough by sermon or lecture in one daies exercise all the Articles of our beleefe the ten commandements and the two precepts of the gospell concerning the loue to God and to our neighbour The seauen workes of mercie the seauen deadlie sinnes with their ofspring the seauen principall vertues and the seauen sacraments of grace all which last our author thought good to omit least thereby all colour should be taken awaie from his interpretation And if vpon this constitution he will gather that in euerie priest an abilitie of preaching or expounding the scriptures was then necessarilie required it may be retorted backe thus that then the synod would haue suffered men of that abilitie and discretion both to preach of what text they had thought good at all times and would not haue restreined them from intermedling such expositions as they should thinke conuenient Which things are sufficient to shew vnto vs what is ment both by Once in a quarter and by those words On more festiuall daies that is to saie that once a quarter they shall go ouer all the said principles of religion in the English toong either all in one daie or else vpon mo daies in case they cannot conuenientlie in one daie dispatch all
of England that are not ordered according to the exact forme of that booke But if he will saie that this popular approbation and election as he plainelie afterwards inforceth is the forme by law Pag. 62. factious doctrine deliuered by the Abstractor required then haue we by his owne doâ—rine no ministers at all in this church for we haue none that haue béene so chosen Yea then his oâ—vne clients who to enable themselues to take liuings ecclesiasticall according to law will be contented to be ordered by a Bishop according to the booke which they neuerthelesse hold to be a calling against the word of God shall thus be left wholie without calling and ministerie and by his and their owne iudgements are to be taken for intrudors And if this plat of popularitie be not the forme of ordering ministers which the lawe and the booke dooth establish then with what conscience dooth he so vrge it in this place who dooth so rigorouslie in other places exact the obseruation of euerie tittle in the booke But I will not runne into this common place to shew all the absurdities inconueniences and impoâ—â—bilities of it or the iudgement of elder and later Diuines being without my reach or the practise of other churches which all are learnedlie handled Pro contra by others purposelie intreating hereof to which I remit the reader for further resolution I will onlie put this great canonist in mind of the 13. chapter of the councell of * c. non est 63. dist Laodicaea which dooth forbid these elections by the multitude or people which as c. siergo 8. q. 1. Origen saith oftentimes is pricked forward or caried awaie with clamours fauour or reward And here I would be resolued these canons being as he saith in force of law with vs and To be vnderstood not alone of the cheefe priest of euerie diocesse which argueth Dangerous innouation vrged they are to be vnderstood of him whether this be not wholie to take awaie from hir Highnesse the nomination and recommending of Bishops Deanes to their places or else to leaue hir Haiesties choise to be countermanded by a beast of manie heads Scinditur incertum studia in contraria vulgus Also hir Daiesties being the head member of this church whether the shall be allowed a voice by hir Highnesse proctor amongst the people of one parish alone or in all the parishes in the realme in choosing their ministers and what voice whether a negatiue countermanding all others or luxta c. breuiter dist 62. no Or else whether hir Highnesse shall haue no suffrage therein at all both which if they be not to the great derogation of hir Highnesse prcrogatiue roiall let indifferent and wise men indge who may also sée a further matter and a greater debasing shot at by this popularitie than outwardlie is pretended 27. Section Pag. 59 60. That the statute 25. Henrie 8. for establishing of such canons and decrees as be of nature and qualitie there specified dooth not giue life to these canons and decrées last alledged bicause both they are repugnant to the generall and inuiolable customes of this realme and to hir Daiesties prerogatiue roiall also hath béene afore shewed yea they are not alone contrarie to ours but to the generall customes of all christen dome by many hundred yeeres continued as may appéere by that so often repeated distinction of benefices collatiue and clectiue mentioned and allowed of not onelie by canons and decrées but by the municipall ordinances almost of eueric seuerall realme His second reason for proofe out of the 21. Hen. 8. Cap. 13. of an interest of An absurd reason All the people in the approbation and election of their minister bicausé a Bishop is allowed six chaplines a number then required to be present at giuing of orders is not to be counted a Fallax being too simple to make any shew of deceit but as a syllogisme framed in mood and figure of Quem terra pontus without head or tade His third reason for proofe héere of is bicause the booke in sundrie places of it speaketh of clarks and people present and of An exhortation declaring for thus be the words of the booke and not as our author hath pared them the dutie and office of such as come to be admitted ministers how necessarie such orders are in the church of Christ and also how the people ought to esteeme them in their vocation which is so strong a reason that it cannot be gathered or drawne togither into a syllogisme with a cart rope except we would imagine that wheresoeuer the law permitteth men to be present at any action that there they are interessed to haue a voice to allow or dissallow that which is to be doone And if the exhortation spoken of could giue anie colour that waie it should haue béene to set out what héed and vigilant care the people should haue and what especiallie they should respect in the choice of their minister rather than to tell them how they ought te stéeme him when he is once admitted for if they themselues make choise of them there is no cause why of all other they should mislike or make anie light reckoning of them otherwise than men commonlie doo who thinke they may make bold with such as they themselues haue aduanced And whereas he would thereof gather the presence of the people of that parish where the minister is to be placed to be required for that no profit else for the better estimation of their minister can by them be reped of that exhortation if it shuld be granted vnto him can he ground vpon their presence an interest also in them of approbation and election of their minister But there is profit to be reped by such an exhortation for any people whosoeuer that shall be present For euerie man is or ought to be of some parish and hath a minister whom he ought to estéeme and reuerence for his calling sake and therefore such exhortation can not be said to be in vaine though the people of the parish where he is to serue be not then present And for that these canons by him before alledged doo mention Citizens presence at the ordination of clearks our author taketh occasion to tell vs that The choristers singers organ-plaiers and other officers and ministers of cathedrall churches are not comprehended vnder the name of Citizens for that the canons doo attribute to these a seuerall name from citizens A reason retorted Pag. 16. by calling them Clearks which as he truâ—â—e affirmeth so this dooth argue that the place by him afore brought out of the Autentikes that Clearks vnlesse they were learned should not be ordeined that thereby he might prooue an abilitie of preaching to be required in euerie clearke did not correspond to his purpose séeing that no man will say that any such exquisite learning is looked for in such inferior clearks and officers of churches as these be But
his first conclusion that these thrée The examination the time for ordering and the presenting by the archdeacon and also The calling whereof he hath before not spoken one word are points Essentiall and causes formall dooth fall flat to the ground and much more his other conclusion depending thereof that none being no preachers whom he therfore called Toong-tied are to be accompted ministers bicause they are Not made according to the order forme of the statute Whereby he would beate not vnlearned ministers alone but withall like one blindfolded with malice he lasheth out at all ministers in whose ordination some such slender circumstance hath not béene perhaps vsed 41. Section Pag. 83 84. ID his question heere seeing All solemnities in the making of ministers as he thinketh are by the lawmakers appointment essentiall or substantiall in case some not of the least moment onlie and which might otherwise wel inough haue beene reputed accidentall bee omitted but other of greater weight which he reckoneth whether then men so ordeined By our statute lawe be ministers at all or no I doo answer that except he can both prooue all such whose omission he would inforce to ouerthrowe the whole action to be essentiall and also those other circumstances to concur which in the end of the next section sauing one afore I haue shewed to be required to the adnulling of an act for want of forme we must still accompt them for lawfull ministers in the church For although the Bishop who omitteth any of those which be of moment may be punished yet I for my part cannot accompt any point of the ordination to be the formall cause of the externall calling into the ministerie besides the words giuing the authoritie to execute that function and the two necessarie solemnities of praier and the imposition of hands I doo obserue in this section that he or his printer to gratifie him hath twise changed the forme of the letter from Romane vnto Italian as though they were not the authors onelie words but some allegation Also that among those things which he would necessarilie haue the Bishop to haue regard vnto and not to omit at ordinations he reckoneth this that the minister be mooued by the Holie-ghost and be persuaded of the sufficiencie of scripture to saluation and surmiseth verie vncharitablie these to be wanting in Too too manie of our ministers which no man but the spirit of the man himselfe which is within him can iudge so soone is he lept into Gods owne throne and faketh vpon him to set downe what lieth hid in a mans owne conscience Likewise is that of his ridiculous where he blameth the Bishop for ordering him that is not example to his flocke or will not teach c considering it is not possible for the Bishop to prophesie how the minister will behaue himselfe in his function afterward And the booke prescribeth not these as qualities to be attended before the ordination but as solemne vowes and promises before God and his congregation the more strictlie to tie the minister vnto the fulfilling of his dutie And so is this as foolish and wandring where he saith The vnlearned ministers the complaints to the Councell the Bishops owne records are glasses where in wee may see these omissions of forme and maner at ordinations not to be feigned I doo thinke verie few complaints haue béene made for not obseruing the forme of the booke and fewer circumstances omitted I am sure are recorded Touching his Daior proposition of his syllogisme That the forme not obserued by him which had no authoritie before that booke of ordering was by law confirmed except he meane it that they had no authoritie before to make them according to that forme is most apparentlie false and to be controlled by infinit lawes and canons which endow them with this authoritie as incident vnto their dignitie euen from the apostles times downeward Now the lawe is berie euident that * Gloss singul Caerd in Clem. 1. in princ de iure patronatus Phil. in c. qua fronte Ext. de appel If a forme be by law set downe to be done by an Ordinarie in that point wherein he had iurisdiction afore though the forme be not obserued yet the act done is of force and shall stand Therefore the vanitie of all that hath to this purpose hitherto by him béene said is hereby detected But admitting the conclusion were true That processe not made according to the order and forme of the statute were void how can he inferre hereof that all not being preachers whome therefore he calleth Dumbe and idoll-ministers are no ministers at all Dust we thinke that such as at their making ministers are able to preach haue this priuiledge peculiar onelie to them that no part of the forme can possiblie be omitted at their ordination and that other that be not able are all so vnhappie that the Bishop possiblie cannot at their ordination hit vpon it But what shall we saie then if one able to preach and another not able be at one time and in one maner ordeined togither shall the one shall both or shall neither for want onelie of some forme be ministers Indeed and by law according to this mans supposition 42. Section Pag. 85. THaue shewed before what force these reasons of similitude or comparison are of in all disputation but especiallie in matter of law His * L 10. ff de decuri first That the inserting of a mans name in the register of decurions will not make him a decurion without a due election being set by him vnquoted hath not so much as a colour or shew to prooue anie thing else but that euerie one is not straight without the outward calling of the church to be reputed a minister though he by some meanes haue gotten letters of orders The * l. 30. ff quaÌ„do dies lega cedat reason of the other law by him alledged whie the Iegacie giuen to an infant the day of hir marriage shall not be due before the be married and haue atteined twelue yeares of age is bicause before that time it is but a mocke marriage and may be dissolued at such age neither is reputed a iust and lawfull matrimonie before that time according to that * Institut de nupâ—â—s in initio Iustas nuptias inter se contrahunt ciues Romani viri quidem puberes foeminae autem viripotentes If he will applie this to his purpose then must he prooue that an ordination into the ministerie of any not able to preach is by lawe as no ordination the contrarie where of I * Sect. 30. haue afore shewed euen out of that statute which here he alledgeth where it was also said that the statute hath no one word to make void admissions to orders in respect of any default there touched as may appeare to those who will peruse it 43. Section Pag. 85 86 87 88 89. BIcause our author will make sure
AN ABSTRACT OF CERTAINE ACTS OF PARLEment of certaine her Maiesties Iniunctions of certaine Canons Constitutions and Synodals prouinciall established in force for the peaceable gouernment of the Church within her Maiesties Dominions and Countries for the most part heretofore vnknowen and vnpractized Cod. de Epis Cler. 1. Nulli licere ⧠Neither let them feare to be called and suspected picke-thanks seeing their faithfulnesse and diligent trauell carrieth with it as well praise as honestie and godly Zeale hauing published the truth to the eares of all men and brought it to the open light PROVERB 31. 8. Open thy mouth for the dumbe in the cause of all the children of destruction To the Christian Reader Thou hast seene beloued by long experience a lamentable contention to haue growen and continued in our English Church about reformation of Ecclesiasticall discipline and popish ceremonies whereby the quiet and peaceable estate both of the Church common wealth haue bene shrewdly troubled and brought in hazard The causes of which war and dissention I leaue to the good consideration of thy godly wisedome onely I am to intreat thee to accept this my labour bestowed vpon the study of the lawes appointed for the gouernance of the same Church hoping that by the authoritie of hir excellent maiestie and the counsaile of the honorable fathers and gouernours of hir highnes empire they may hereafter not onely be better executed but also if the case so require be reuisited For were the same lawes either better knowne vnto the whole Church either better executed by those vnto whome our gracious Soueraigne hath committed their Execution no doubt but very many and notable points of such controuersies as haue bene a long time amongst vs would be easily and speedily by the same lawes decyded I am not beloued in this so waighty a cause absolutely to rest my selfe vpon the skill of mine owne simple iudgement onely according to the knowledge giuen vnto me I haue for my part faithfully laboured to cite the lawe for that ende and purpose wherevnto I take the same to haue bene first ordeined And therefore I am hartely to desire thee to accept of this my labour and trauaile vndertaken not onely for the defence of her highnesse Lawes but also for my brethren and neighbours sakes and that peace and prosperitie might be within the wals and pallaces of Ierusalem Farewel and pray in thy spirit for the preferuation of the life of our gracious Queene ELIZABETH Pag. 1 AN ABSTRACT OF CERTAINE ACTES OF Parlement of her Maiesties Iniunctions Canons and Synodals Prouincial esta blished and in force for the peaceable gouernment of the Church within her Maiesties Domini ons heretofore for the most part vnknowne and vnpractised BY an act of Parliament made the 25. H. 8. C. 19. intituled An act concerning the submission of the Cleargie c. It was enacted as followeth Pag. 2 Prouided also that such Canons constitutions ordinances and Synodals prouinciall being alreadye made which be not contrariant nor repugnant to the lawes statutes and customs of this Realme nor to the domage or hurt of the Kings prerogatiue royall shal now still be vsed and executed as they were before the making of this act c. This act is reuiued 1. Eliza. ca. 1. Out of this act I conclude that all Canons constitutions ordinances synodals prouincial made before this act requiring and commanding a learned Ministerie prohibiting many benefices to be giuen to one man prohibiting ciuil iurisdiction to be in Ecclesiastical men and prohibiting one man to excommunicate for that such Canons c. cannot be contrary or repugnant to the lawes of this Realme nor hurtful to the Kings prerogatiue are in force ought to be executed therfore by this act all the Canons specified in any part of my treatise are in force so by vertue of this act a learned ministerie commanded Pluralities forbidden c. Pag. 3 A LEARNED MINISTERIE A learned Ministerie commanded by the Lawe NIHIL EST. c. There is nothing that may Ex De elect Cap. Nihil est hurt more the Church of God then that men vnworthy are taken to the gouernment of soules VVe therefore willing to apply a medicine to this disease decree by an inuiolable constitution that when any shall be chosen to the gouernment of soules he to whome the confirmation of his election appertaineth diligently examine both the processe of the election and the person elected to the ende that if all things concurre aright he may confirme him in his function For otherwise if any thing shall be vnaduisedly attempted not onely he that is vnworthily promoted but also the vnworthy promoter himselfe shall be punished and if any man shall approoue any of insufficient learning of an vnchast life or not of lawfull age when his negligence herein shall appeare we decree him to be punished thus not onely that he be quite depriued of power to confirme the next successor but least by any meanes he might scape vnpunished that he be also suspended from the commoditie of his owne benefice Out of which constitution these conclusions may briefly thus be gathered 1 Whatsoeuer is hurtfull to the Church of God the same is to be forbidden 2 But it is hurtfull to the Church of God to haue vnworthy men taken to the gouernment of soules 3 Therefore the same is to be forbidden 1 He that cannot worthily execute his office is not to be admitmitted to holy orders and Ecclefiasticall dignities 2 But a man of insufficient learning and of vnhonest conuersation cannot worthily execute his office 3 Therefore such a one is not to be admitted to Ecclesiasticall dignities Pag. 4 IF any iudge the meaning of this Chapter to be onely of superiour Prelats as Archbishops Bishops Abbots or such like elected by some common societie of Canons Monkes Friers or collegiat Priests because of these words Election and Confirmation properly applied to such and not to inferior ministers which are properly sayd to be presented and instituted then is such both diligently to marke the reason of the decree prouiding a remedie against the detriment that might redound to the Church in both cases if for both remedies were not before hand prouided And also to vnderstand that the name of Prelate is by law attributed likewise to euery Parson and Uicar hauing cure of soules Quia quilibet qui praeest â—â—ae animarum dicitur esse Praelatus Euery one that is preferred to the cure D. ex de eleric â—grotant â—â—sud giâ—s lynd Consti de sâ—cra iterâ—nd c. ignorantia vers praelatâ— of soules is named by this name Prelate And also that election and confirmation in and to the superiour functions haue but the very same effect to the obtaining of their promotions that presentation and institution haue to the inferiour Ministers for enioying of their benefices then is such I say to consider all these things together with the ende of the Chapiter where
themselues are plaine and sufficient inough to impugne and ouerthrowe all opinions whatsoeuer vainely conceiued against the prouision and validity of Law authorizing or ratifying as it is vntruely surmized either anie vnpreaching and vnlearned ministerie or anie vndiscreet vnhonest or vngodlie persons to execute anie offices in the Church For by these decrees established first by the enimie of true religion for the planting of his superstition but now turned by our pollicie from that vse and made a law for the gouernement of the Church are so many speciall proprieties of a true pastour so substantially pointed out that none without too too great immodestie may in anie wise affirme the law to be defectiue heerein Wherevnto our English constitutions and synodals prouincial may be annexed as directly and euidently proouing with what manner of competent and conuenient knowledge euerie Minister ought to be adorned PRAECIPIMVS saith the prouinciall constitution VT QVILIBET Sacerdos plebi praesidens quater in anno hoc est semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium exponat Prouâ—gu lind de osti Archi. pres ignorantia saccrdotum populo vulgariter absque cuiussque subtilitatis textura fantastica 14. fidei articulos decem mandata Decalogi duo praecepta Euangely c. Wee commaund that euerie Priest president ouer anie people foure times euerie yeare that is to saie euerie quarter of the yeare in one or more solemne daies by himself or some others expound vnto the people in their vulgare tongue without anie subtiltie the 14. Articles of the faith the tenne Commaundements the twoo precepts of the Gospell c. Heere are you to see the particularities laid foorth wherein euerie Minister ought to be exercised how often how plainely and sincerely he ought to teach Wherein our fathers in time of ignorance and superstition were more zealous than we in these daies of the true light and knowledge of the Gospell For from hence quarter Sermons now amongst vs haue crept in and had their Quarter sermons froÌ„ vvhence they came beginning though now fostered with greater corruption than in those former daies they were For proofe whereof the Reader shall vnderstand that these wordes Semel in qualibet quarta anni die vna solemni vel pluribus per se vel per alium In euerie quarter of the yeare in one or moe solemne daies by him selfe or some other haue not this meaning that it was sufficient for the president of the people absolutely by an other foure times in the yeare onelie to preach and to instruct the people as it is nowadaies amongest vs Pag. 2â— practised but the meaning is that the Articles of the faith the tenne Commaundementes the twoo precepts of the Gospell c. should indeede of them be expounded and made knowen vnto the people foure times in the yeare and that in foure seueral solemne daies if it were so possible But because the law-maker did foresee that it was impossible that with anie fruite this so great a worke could be finished therefore both to take awaie all cauisting from the people who might thinke it sufficient to haue quarterly Sermons and also to the end the Pastour might be kept in a continual exercise of his dutie this Pluribus was added to the intent that the whole dotrines might once euery quarter be wholie expounded So that semel is not heere taken for simul that these doctrines should once Glossa ibid. euery quarter all togither and at one time alone be taught but that they should be once euerie quarter at particular and seuerall times particularly and seuerally be taught for so though they be at many times particularly taught yet in the whole they may be said to be but once in a quarter whollie taught And these wordes per se vel per alium by himselfe or by an other haue an other manner of exposition than a great manie vnderstand or think them to haue For it is commonly thought sufficient that these words per alium by another be vnderstoode in case the Pastour himselfe be altogither ignorant But the meaning thereof onelie is thus CVM CONTINGAT quod Episcopi propter su as corruptiones multiplices vel inualitudines corporales aut hostiles incursus seu occasiones alias ne dicam us defectum scientiae quod in eis reprobandum est Ex. de offi iud ordin c. inter caetera omninò nec de caetero tollerandum per se ipsos non sufficium ministrare verbum Dei populo c. If the Bishops for some necessarie businesse or bodilie infirmitie or hostile inuasion or other occasions wee wil not saie for want of learning which is to be reprooued in them and heereafter not to be tollerated can not by them selues minister the worde of God vnto the people that then it shall be lawful for him to choose some other fitte person to supplie his roome Pag. 24 A Bishop ought personally to visite his Diocesse and an Archdeacon his Archdeaconrie and yet neither of them both ought to visite by an other vnlesse he be Infirmus vel aliter legitimè impeditus Glos linw. cle cens ca. verb. rationabili quò minus possit personaliter visitare Diseased or haue some other lawfull impediment so that he can not visite in his owne person And it is concluded in the case of residence that one bound to keepe residence must keepe it by himselfe Et quis debet residentiam facere Ex. de cler non residen c. conquerenti per se non per alium nisi fecerit potest priuari Moreouer it is directly forbidden that the office of preaching should be deputed to anie other C AETERVM SALVO c. But sauing the Legate of the The office of preaching may not be deputed to others Apostolike sea let it be lawfull to no man to whome it shall be commaunded to preach the crosse to excommunicate or absolue anie heereafter to committe the same things to others because not anie iurisdiction but rather a certaine ministerie is committed vnto him in this behalfe All which things are more at large manifested by the last chapter of the former title in Lindwood where the Priests are commaunded to be diligent teachers of Gods word that they be not accounted dumb dogges The words of the Chapiter are these PRAESENTIS CONSILII c. By the finall determination of this present counsel we haue straightly inioyned that Parsons and Vicars labour to informe the people committed vnto them with the foode of Gods word according to the measure that shall be inspired vnto them that they be not worthily adiudged dumb dogges seeing that with holesome barking they chace not awaie the biting of spirituall VVolues from the Lords sheepefold And the reason of this prouincial is deriued froÌ„ another decree INTER CAETERA c. Amongest other things belonging to the saluation of Christian people the foode of the word
otherwise to preach then as he shall be licensed therevnto by him the Bishop As touching the Iniunctions the aduertisments and the articles of religion wherein mention is made sometimes that Parsons Vicars and Curates sometimes that the Minister shall reade Homilies they may easily be reconciled by this statute For the Iniunctions set forth primo Elizabeth the aduertisements and articles set forth septimo Elizabeth and this statute being made 8. Elizabeth and so since doth bound and limit the meaning of the Iniunctions and aduertisements For whereas before the names were vsed in them confusedly this statute doth aptly distinguish them applying properly euery proper office to his proper officer and bringing those names before recited vnto two principall heads For though there be Parsons Vicars Curates and Ministers generally in the Church of whome mention is made in the Iniunctions articles and aduertisements yet these and euery one of these must by this statute be either a Deacon or a Minister specially And being a Deacon he ought to execute the office of a Deacon and being a Minister the office of a Minister by this statute and so a Deacon if he be a Parson Vicar or Curate he must execute the office of a Deacon onely that is he must read the Scriptures and Homilies by this statute Likewise a Minister if he be a Parson Vicar or Curate he must minister the doctrine and sacraments and discipline of Christ he must be a dispensor of the word of God and he must preach onely and yet in saying that he must preach onely I doe not exclude him from doing those other dueties Sine quibus illud fieri non potest Pag. 41 Without the which he cannot preach as from reading the scriptures and praying with the people but I exclude him from those things onely which are not incident to his office as from reading of Homilies for he may preach and neuer read Homilies but he cannot preach profitably vnlesse he reade the Scriptures and vse prayer What wil you then by law positiue barre all Ministers that be Parsons Vicars or Curates and yet cannot preach from reading Homilies I answere that whether they can preach or cannot preach Currat lex Let the law runne and let him that hath defiled his hands by laying them vpon such a one contrary to the commaundement of the Lord and contrary to the lawes of his gouernour vnder whome he liueth and by whome he hath his preferment holde vp his guilty hands vnto the Lord for mercy in the day of the Lord and fal downe before hir Highnesse for hir gracious pardon in so abusing hir Highnesse lawes And to the ende you may see more apparantly these two offices by the law it selfe to be thus distinguished I haue set downe the Bishops words pronounced by vertue of the statute vnto the Ministers as followeth You haue heard brethren as well in your priuate examination as in the exhortation and in the holy lessons taken out of the Gospell and out of the writings of the Apostles of what dignitie and of how great importance this office is wherevnto ye be called moreouer I exhort you in the name of our Lord Iesus Christ to haue in remembrance into how high a dignitie and to how chargeable an office ye be called that is to say to be the messengers the watchmen the Pastors and the stewards of the Lorde to teach to premonish to feede and prouide for the Lordes familie to seeke for Christ his sheepe that be dispersed abroad and for his children which be in the middest of this naughty world to be saued thorough Christ for euer Pag. 42 haue alwayes therefore printed in your remembrance how great a treasurie is committed to your charge for they be the sheepe of Christ which he bought with his death and for whome he shed his bloud the Church and Congregation whome you must serue is his spouse and his body and if ye shall see the same Church or any member thereof to take any hurt or hinderance by reason of your negligence ye know the greatnesse of your fault and also of the horrible punishment which will ensue Wherefore consider with your selues the ende of your ministerie towards the children of God toward the spouse and body of Christ and see that ye neuer cease your labour your care and diligence vntill you haue done all that lyeth in you according to your bounden duetie to bring all such as are or shall be committed to your charge vnto that agreement in faith and knowledge of God and to that ripenesse and perfectnesse of age in Christ that there be no place left among them either for errour in religion or for viciousnesse in life As here you see the whole summe of the office of a Minister recited by act of Parlement and pronounced by the Bishop So in the whole action of ordering Ministers both the Bishops interrogatories and the parties answeres and all tende to admonish the Minister still of his duetie in teaching and instructing the people and in preaching Where the whole action of ordering Deacons tendeth to admonish the Deacon of his office in reading As thus Will you diligently reade the same vnto the people assembled in the Church where you shall be appointed to serue Answere I will Pag. 43 And againe It pertaineth to the office of a Deacon to reade holy Scriptures and Homilies in the congregation And againe Take thou authoritie to execute the office of a Deacon in the Church of God and take thou authoritie to read the Gospell in the Church of God And then one of them appointed by the Bishop shall reade the Gospell of that day And no doubt the whole house of Parlement had a singular care to haue these offices distinguished by their law euen as they are distinguished by the lawe of Christ himselfe as appeareth both by the places of Scripture appoynted by the statute to be read for euery office And also by appoynting the prouision for the poore vnto the Deacons And furthermore it is his office sayth the Bishop by the same statute where prouision is so made to search for the sicke poore and impotent people of the parrish and to intimate their estates names and places where they dwell to the Curate that by his exhortation they be relieued by the parrish or other conuenient almes And therefore I conclude againe that the Bishop can no more appoynt the office of prouision for the poore vnto a Minister then he can change or alter an act of Parlement And therefore that he can no more commaund a Minister to read Homilies then he can commaund him to make prouision for the poore For as touching these words toward the latter ende of this action Take authoritie to preach where thou shalt be appointed Whereby they take hold no otherwise to suffer them to preach then as they shall be licensed afterward by writing hath neither head nor tayle They make by their fauourable pacience a construction thereof
without all ryme or reason They expound VVhere which is a worde signifieng place and referred to a place for VVhen which is a worde importing time But had this worde VVhen bene placed in steede of VVhere they might perhaps haue had some cloake for the rayne for so the worde VVhen and the worde Shalt might both haue had relation to the tyme to come Pag. 44 And yet notwithstanding this kinde of speech would haue bene but a harsh kinde of speech namely to say Take thou authoritie to preach when thou shalt haue authoritie to preach coupling the present tense with the future tense the tyme present with the tyme to come applying that to them selues but men which is onely proper and peculiar to the holy Ghost vsing the future tense and the tyme to come for the certaintie of the euent thereof in steade of the present tense and the time present But these words Take thou authoritie to preach the worde to the Congregation in the place where thou shalt be appoynted is a very proper kinde of speech and the words themselues carry with them a naturall sense As if the statute should haue precisely and absolutely sayd thus In what place soeuer thou shalt hereafter be appoynted to execute the office of a Minister thou hast nowe authoritie giuen thee to preach For in case this were not the naturall meaning of the statute they might well forbid the Minister to administer the Sacraments without speciall licence in writing or not to praye or not to fast or not to saye seruice or not to burye the deade and such like But there is more to serue their turnes and to helpe their cause in the law Canon and in the Iniunctions the law Canon being thus QVIA VERO NONNVLLI c. But because some Ex. de hareâ—â—â—excom § Quia vero vnder the colour of godlines denying as the Apostle sayth the power thereof challenge vnto themselues authoritie to preach whereas the Apostle sayth Howe shall they preach vnlesse they be sent all they which are forbidden or not sent shall besides authoritie giuen vnto them either from the Apostolike sea or the Catholike Bishop of the place publikely or priuately presume to vsurpe the office of preaching let them be excommunicated and vnlesse they speedily repent let them be punished with some other competent paine Pag. 45 The Iniunction being this Item that they the persons aboue rehearsed shall preach in their owne persons once in euery quarter of the yeare at the least one sermon being licensed specially therevnto Wherevnto I aunswere that this decree and this Iniunction requiring speciall licenses to preach And the Bishop by vertue of the foresayd statute giuing authoritie to preache cannot â—arre much and that one litle wrest will set them in tune their oddes is so small If I say vnto one by word of mouth Syr take here the keye of the gate of my pasture where my grey ambling gelding runneth open the gate bring him out take him to your owne vse I giue him you frankly hath he not as good a title and interest to my horse as if I had made him a bill of sale vnder my hande and seale And hath not the Minister likewise as well a speciall license from a Bishop to preach that is willed openly in the presence of God men and angels as he that hath a speciall license giuen him alone in a corner the one is pronounced solemnly in the middest of the congregation the other is done secretly by a Goose quill Moreouer neither doth the foresayd Canon neither yet the Iniunction require a speciall license in writing to the ende that the Minister should haue power thereby onely to preach For so should you take away the forme and order appointed by act of Parlement whereby authoritie is giuen to a Minister to preach and commit the making of a Minister to the Bishop without a congregation But the ende why a speciall license ought to be had is not so much for the partie himselfe to preach within his owne cure as for them that shall admit him to preach out of his owne cure And that appeareth manifestly by the eight article of the Iniunctions The words are these Also that they shall admit no man within any their cures but such as shall appeare vnto them to be sufficiently licensed therevnto c. And in the ende of this Iniunction it is expresly permitted to euery Minister to preache within his owne sure though he be not specially licensed therevnto Pag. 46 The words are these And that no other be suffered to preach out of his owne cure or parrish then such as shall be licensed as is before expressed Therfore a Minister to preach within his owne cure yea though he haue no license is commaunded In the time of Henry the 4. at what time Wickliffe preached the Gospell the very same lawes were established against him and his brethren to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes as appeareth by that that followeth Let no man within this Realme or other the Kings dominions presume or take vpon him to preach priuily or apertly without speciall license first obtained of the Ordinary of the same place Curates in their owne parrish Churches and persons heretofore priuiledged and others admitted by the Canon law onely excepted And that no manner of person secular or regular being authorized to preach by the lawes now prescribed or licensed by speciall priuiledge shall take vpon him the office of preaching the word of God or by any meanes preach vnto the Cleargie or Layetie either in the church or without in Latine or English except he first present him self be examined of yâ— Ordinary of the place where he preacheth and â—o being found a fit person as wel in maners as in knowledge he shal be sent by the sayd Ordinary to some one Church or more as shall be thought expedient by the sayd Ordinary according to the qualitie of the person Nor any person aforesayd shall presume â—o preach except first he giue faithfull signification in due forme of his sending and authoritie that is that he that is authorized doe come in forme appointed him in that behalfe and those that affirme they come by speciall priuiledge doe shew their priuiledge vnto the Parson or Vicar of the place where they preach And those that pretend themselues to be sent by the Ordinarie of the place shall likewise shew the Ordinaries letters made vnto him for that purpose vnder his great seale Pag. 47 Let vs alwaies vnderstand the Curate hauing perpetuitie to be sent of right to the people of his owne cure Furthermore no Cleargy man or Perochians of any parrish or place within our prouince of Canterb shal admit any man to preach within the churches churchyards or other places whatsoeuer except there be first manifest knowledge had of his authoritie priuiledge or sending thither according to the order aforesayd
presence of manie standers by you make ordination both of Elders and Leuites And againe the other Priests let them be ordained of their owne Bishoppe so that the Citizens and other Priests giue their assent and so likewise must the Deacons be ordained And againe let not a Bishoppe ordaine any Clearkes 24. Distinct c. Episcopus without the aduise of his Cleargie and so too that he seeke the allowance and good liking of the Citizens And againe let the requests of the Citizens the testimonie of the people the iudgement of the honourable the election of Clearkes be had in the ordination of Clearks And note that these texts and many other mo doe all affirme that elections and ordinations must be made by Citizens and Priests or Clearkes in the plurall number and not by one Citizen or one Priest in the singular number Neither are these decrees to be vnderstoode of the chiefe Priest of euerie Diocesse alone but are verified of euerie Priest throughout the the Countrie as appeareth by the Canon following Sed nec ille Distinct 64. c. Si forte deinceps sacerdos erit quem nec clerus nec populus propriae ciuitatis eligit But he shall be no Priest hencefoorth whom neither Cleargie nor people of his owne Citie hath elected Wherevnto also the Ciuile law accordeth Si verò c. But if holie rules shall prohibite such Authen de sanct Epis § clericos colla nona as be chosen by them as men vnworthie then let the most holie Bishoppe procure to ordaine whomesoeuer he shall thinke best A Bishoppe alone may then ordaine saith this lawe when the people and Cleargie haue chosen vnworthie men it saith not that he may alwaies ordaine alone without contradiction or that the people and Cleargie haue no interest in the action But this lawe onelie prouideth in this case a remedie to supplie the negligence of those vnto whome the election appertaineth if they shall do otherwise therein than becommeth them And to make this matter wherof we intreate more plaine and euident euen by the statutes and ordinances of the realme the choice and ordination of a Minister is not apropried to the Bishoppe alone Pag. 59 First by the statute 25. H. 8. these laws Canons and decrees before specified being then in force in as much as they be neither contrariant nor repugnant to the laws and customes of the realme nor derogatorie to the Queenes prerogatiue royall are confirmed ratified and in force nowe Yea because they are agreeable to the lawes and customes of the realme and maintane her prerogatiue royall as afterwards shall be declared they ought now to be executed Secondly by a Statute made 21. of H. the 8. chap. 13. It is enacted that a Bishop may haue six Chaplains because six Ministers at the least ought to be present when the Bishop giueth orders Thirdly in the Booke of making Priests c. are these words there shall be an exhortation vnto the people declaring how the people ought to esteeme them meaning the Ministers in their vocation And these words the Bishoppe shall say vnto the people Brethren if there be anie c. And these words the Bishop commending such to the praiers of the congregation with the Cleargie and people present shall say c. Then shall the Bishop examine euerie one of them that are to be ordered in the presence of the people By which words and braunches of the Booke it is euident that that people ouer whom the Minister is to be placed ought especially to be present For what profit can a people dwelling at Yorke reap by exhortation of the preacher vnto loue and obedience vnto their Minister when their Minister shall be made at London Her Highnesse the nobilitie and fathers of the land were of more wisdome and vnderstanding I am sure than to imagin that a people dwelling at Carlile could be taught or instructed by a Sermon made at Excester And by the former decrees wherein mention is made of people and Citizens the same people and Citizens if we wil know what Citizens be properly are not taken for the Quiristers the Singers the Organ-plaiers the Canons the Archdeacon of the Cathedrall Church for all these by the Canon law beare the names of Clearks neither are the Bishops seruants taken in these Canons for Citizens Pag. 60 because Citizens by these rules must giue their consents and as hauing a principall interest in the action must not only be eie-witnesses and eare-witnesses to the Bishops vpright dealing but also must be agents and cohelpers themselues But serui and domestici in re non domestica Seruants and folke domesticall in a thing not domestical are not allowed fit witnesses neither haue seruants as seruants any interest And therfore Citizens in these former Canons are Citizens Et re nomine Citizens in deed and in name And as I prooued before out of the statute of the land that as the people of the place destitute of a Pastour must be present and giue their consent at the choice of their Minister so is the same also stablished by Canon law and confirmed by Act of Parlement For this word Consensus siue collaudatio Consentor approbation described to be multorum voluntas ad quos res pertinet simul Glos in c. â— de rebâ—eccle non alienand ver tractatus lib. 6. iniuncta the wil of many vnto whom the matter appertaineth iointly lincked togither prooueth that not onlie Citizens indeed but also that Citizens of the place where the partie should afterwards serus as a Minister ought to giue their consent and allowance to the making him a Minister because the matter of hauing a Minister appertaineth properly vnto none other but chiefly and altogither concerneth them And therefore the law willeth Vt quod omnes tangit ab omnibus approbetur That that be allowed of all which toucheth all Whereat our Bishoppes themselues in their English Canons of discipline haue aimed and wherevnto in wordes they haue agreed The Bishop shall lay his handes on none say they nor at Bishops Canons fol. 5. anie other time but when it shall chaunce some place of ministration to be void in the Diocesse Pag. 61 And therefore I conclude since none must be made a Minister but when it shall chance that some place of ministration be voide and since the consent and allowance of the people whom the matter doth concerne must by the Canons and Statutes in force be had that therefore the people of the place where such place of ministration is voide haue in the choice and appointment of their Minister a speciall interest and prerogatiue Neither ought those ridiculous Canons of that foolish Pope Adrian the prowd Nullus Laicorum principum c. Let none 63. Dist cap. nullus c. non est of the lay Princes or Potentates ioine him selfe to the election or promotion of a Patriarke Metropolitane or any Bishoppe c. Neither ought this and
and therefore in as much as you for your part without any good conscience haue gotten you a place in the ministerie I for my part moued by a good conscience and for the same my conscience sake to discharge my duetie to the Lord haue summoned you publikely lawfully and rightly to dispossesse you of that place and depose you from that function whereof though publikely yet vnlawfully and vnrightly you are possessed neither ought you or any other to thinke me rashe light or vnconstant in so doing For I tell you plaine that herein I will both say and doe that thing which the noble and wise Emperour sometimes both sayd and did in a matter of farre lesse waight then this Quod inconsultò fecimus consultò reuocamus That which we vnaduisedly haue done we aduisedly will reuoke and vndoe And Sir for your part it is verie necessarie and expedient for you that we depose you in deede because Tantò grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the lyke were in my simple vnderstanding a noble and famous practise of a good and godlie Bishop labouring to procure peace and prosperitie vnto Ierusalem What may a Bishop depriue an honest poore man from his benefice dispossesse a faythfull man of his Ministerie stoppe the mouth of the Lordes watchmen and imprison a painefull teacher in the Clinke in case he weare not a Surplesse in case he marrie not with a Ring in case he crosse not in Baptisme or in case he subscribe not to euerie newe Article inuented by Pag. 91 his Ordinarie And may not the same Bishop remoue a man that hath openly played the hypocrite publikely falsified his word impiously committed sacriledge yea and that which is worse hath made an open mocke at the lawe of God and deluded the lawes of her Highnesse Empyre Is the first a lawlesse and rebellious Puritane I vse but their owne termes and is the second a duetifull and loyall Uassall If a Puritaâ—e as they call him making conscience to offende his God in any small thing for his conscience sake be worthy to be whipped and excommunicated is a Foolitaâ—e making no conscience to offend his God in all things not worthy once to be summoned Concerning an olde obiection perhaps by some olde Canoniste to be obiected that euery sentence of the Bishop whereby Extrauag de elec c. cum dâ—â— lectus he pronounceth any man fit and capable of the ministerie is a definitiue and irreuocable iudgement in case no appeale be made from the same though my former answere were sufficient for the same election yet to answere lawe with law I answer with the glosse that propter aliquam causam posteà emergentem potest quaeri quia quae de nouo emergunt nouo indigent auxilio ita semel probatus â—â—erâ—m probatur reprobatur For some cause afterwards arising inquisition may be made because things newly happening doe want a newe â—upplie and so one being once allowed may againe be allowed and disalowed Pag. 92 And therefore to conclude if such as be in authoritie loue the peace and prosperitie of the Church of Christ if they desire the good successe of the Gospell if they will preserue the state of this Realme if they thinke it necessarye to haue good Magistrates to haue good lawes and orders in a common wealth If they esteeme learning and seeke to preferre it if they hate confusion if they allow to their owne conditions and like of a kingdome better then of a tyrannous state then are they to prouide betime some speedy remedie for these and such like kind of men and such manner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to be contemned and broken without sharpe and seuere punishment they are not to suffer such as execute them not to be vncontrolled vnrebuked and vnpunished they are not to suffer such as speake for them preach for them cal for them and write for them any more to be checked taunted frumped and shopped vp either let their lawes be lawes indeede and maintained as lawes or els deliuer vs from our duties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I sâ—ily and couertly as one captious ouer the whole state of the church should infinuate no lawfull ministerie to be in England because some one of these poynts perhaps haue bene and are daily omitted in making euen the best men that are in the ministerie at this day I answer touching as well the whole Church as the learned and vnlearned Minister the Preacher and him that is no Preacher the Pastor and him that is no Pastor I answer I say touching them all as followeth First I confesse that our Lord Iesus Christ hath a true Church and a faithfull spouse in England receiuing the doctriue and sacraments of Christ publikely taught and administred in the Church of England wherein we haue Elizabeth by the grace of God Queene of England Fraunce and Ireland a Soueraigne a sole and a lawfull Gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto her out of the word of God by the Ministers for the abolishing Pag. 9â— of all and all manner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernment of the sayd Church ought to be faithfully embraced and diligently put in execution by hir Maiestie according to the prescript rule of the blessed word of God And againe that the Ministers ought euermore in a reuerent and holy feare to teach whatsoeuer they know to be commaunded or forbidden by the same word and tâ—â—hewe the daunger as well to the Magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the Magistrates and Ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred worde prescribeth and their owne saluation requireth Againe that neither the Magistrate withâ—â—â— true instruction from the Ministers nor the Ministers without due authoritie from the Magistrate ought to wrest any thing into the gouernment of the Church For both offices and gouernments magistracie and ministerie are very holy and honourable and being seuerall tend to seuerall ends and bring forth seuerall euents in the administration and gouernment of the Church the one is the mouth the other is the hande of God the one by word the other by sworde ought to execute the Lords iudgements in the Lords house The Prophet Esay at the commaundement of the Lord
one whom he cannot by the lawes of the land refuse But peraduenture he will saie by presentation institution he ment the first ordering of him to the ministerie which is meere voluntarie in the Bishop A contrarietie to himselfe Yet héerein as he speaketh improperlie so dooth it impugne the rest of this mans platforme for hée would not haue any absolute orders giuen but when some place is void and that with election of the people And if to bring a Bishop within danger of the penaltie of this canon he will haue him to haue something to doo in this action of calling to the ministerie which shall be arbitrarie for him to doo or not to doo as to laie his hands on the elected then are he and his clients at another mischéefe by leauing it still in the Bishops power to reiect their new elect He inforceth also that howsoeuer the words may lead a man to thinke this canon to be ment for superior and electiue prelacies onelie yet the reason of the decrée fighting also as stronglie for ministers ought to make the law to be accounted alike in both Which being grounded vpon this rule Vbi eadem ratio idem ius I must put him in minde that the said rule * L. solem â—61 in fine ff de iudicijs l. illicitas 6. § qui vniuersas ff de officio praesidis holdeth not where the lawe it selfe notwithstanding some generall reason thereof be alike dooth otherwise in another place dispose * L. 1. a ff de reg iuris Quia non exregula ius sed ex iure regula sumitur And so it dooth in this matter as may appéere in the same chapter Nihil est where a little after the words by him alledged not this punishment of suspension and bereauing of power to confirme the next successors election is inflicted for that Bishop which shall prefer to holy orders or ecclesiasticall benefieâ—s such as cannot woorthilie fulfill the office to them committed but the penaltie in that case by canons prouided Which words though the author thought good not to alledge bicause they make no mention of any insufficiencie of knowledge and would be racked to no further office than to an abilitie of saieng masse wherein the chéefe and as it were the onlie mysterie of popish priestcraft consisted yet in the Maior of his second syllogisme where in a generalitie Of worthy executing his office they seemed to speake more aptlie to his purpose he was content to vse them though they doo indeed quite ouerthrow his answer of the identitie of reason in both the cases For how can it be intended that one and the selfe-same thing is by those words ment and disposed of where the law-giuer as in this place prouided a diuersitie of punishment in the cases of confirming a mans election for knowledge insufficient c from the penaltie of such a Bishop which should order a man that could not execute woorthilie the office committed to him For the penaltie inflicted else-where by the canons vpon the Bishop which shall prefer men vtterlie vnwoorthie to holie orders ecclesiasticall preferments or benefices of which the * Gl. ibid. in verbo suspenditur glosse sheweth this decretall to be ment in that behalfe where it saieth If they will escape the penaltie of the canons is to be * C. cum in cunctis Ext. de electione c. graue Ext. de prebendis suspended from giuing of orders or collating of benefices And to make it more cleare that so much of this dâ—cretall as our author alledgeth is onlie to be vnderstood of superior prelacies and dignities and not to inferior benefices the glosse obiecteth and resolueth thus This seemeth contrarie saith the glosse to C. graue infra de praebendis bicause there he that preferreth vnwoorthie men is not punished till he haue been twise or thrise rebuked admonished of it but heere he is presentlie punished without anie admonition also heere those that are promoted are remooued but there they are not it is to be answered that heere he speaketh of those that are promoted to dignities and gouernment of soules and for that they doo more deepelie offend they are more greeuouslie punished euen without any admonition but in the other place he speaketh of meane benefices in which such great ripenes is not required Which to be no greater or exacter a matter than to be able to say masse dooth appéere by that which * Panorm in c. vlt. de etat qualit in fine A fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Panormitane allegeth out of Bartol Neither can the generall acception in law of this word Praelatus sometimes applied to an inferior minister helpe this pittifull proofe of his It is a Fallax to gather bicause it sometimes so signifieth that therefore in this place it should so be taken yet there is no such place as he quoteth héere out of C. sua de clerico aegrotante But if we should gratifie him so much as to suffer this canon to go for good paiment in this behalfe yet if it be A law forged said that most of the ministers of this church at whom he shooteth this bolt are not of that insufficiencie of knowledge or vnaptnesse to execute their office that is héere ment to be condemned he were still new to begin again to prooue that this canon requireth also such a sufficiencie in all ministers whereby they should be perfectlie well able to preach the word For euerie one that hath not a speciall gift to preach is not straightwaie to be accounted according to this canon a man insufficient for knowledge or not able to execute his office woorthilie In the former syllogisme of this section if by the word Hurtfull he vnderstand not onelie that which Per se is hurtfull but that also which is so Per accidens and vpon some occasion may endamage the church of God then his Maior is to be denied as vntrue For so euen excellent and singular learning happening into such one as Arrius was may do great harme in the church And likewise in both the assumpts of his syllogismes he notably plaieth vpon the petition A fallacie A petitione principij of the principle taking that as granted which is vtterlie to be denied 2. Section Pag. 4 5. ALl that is said in this section being in effect nothing else but that ministers being called physicians of soules ought to be able to applie a spirituall medicine as it prooueth not pregnantly the scope of the issue to wit that euery minister ought of necessitie to be of such abilitie to preach as this treatise requireth so dooth it not limit that the said physician of the soule which in sicknesse is to be sent for must néedes be the pastor of that parish more than that the physician for the bodie of whome also it speaketh must be of the said place necessarilie And trulie I must néeds confesse that he is a verie simple and
ignorant minister of what parish soeuer that is not able howsoeuer he be to preach yet to applie some spirituall medicine to the soule of a sicke man for his consolation although in truth by the spirituall medicines is not here ment any inward comfort A canon racked by faith in Christ in those daies least respected but the shriuing to a priest the housling and anéeling of the partie diseased 3. Section Pag. 5 6 7 8. VNder my former protestation and the benefit thereof alwaies to me being reserued that I fauour not nor séeke not to establish ignorance in the ministerie I doo saie that this which the author here bringeth out of the Chapter Cùm sit ars Ext. de aetate qualit c. for to prooue that ministers ought to be lerned vpon colour of those words For if they shall hencefoorth presume to ordeine such as are vnskilfull and ignorant dooth not any waie directlie relieue him For that decretall speketh of such as Being to be promoted to A canon wrested by the author be priests are by the Bishops themselues or other fit men to be instructed c not of or touching diuine offices ecclesiasticall sacraments but how in what maner they may aright celebrate them that is to saie how to turne their pie portesse and missall to vse gailie the infinite ceremonies of the masse hard to be learned without a schoolmaister which Viua voce might open the same vnto them For else we must néeds herevpon affirme if anie such instruction should be required at the Bishop hands or such as he should appoint as the authour here woulde inforce that the Bishop must read or procure to be read to such as he would afterwards ordeine to be ministers a continuall set lecture of all good learning but speciallie of diuinitie Also it is spoken of such as are to be ordeined priests which hauing gone thorough all the lesser orders and Subdeaconship and Deaconship are not to be intended then newlie to be instructed by the Bishop in so short a time euen a little before their priesting in all the doctrine of diuine offices and ecclesiasticall sacraments which thing also the word Diuina officia for the most part in these latter canons vsed for nothing but the masse with the appurtenances dooth sufficientlie make manifest vnto vs neither can those generall words of Vnskilfull and ignorant be drawne further than to such things wherein the disposition and bodie of that law is before bestowed Yet will I not denie but that hence we may profitablie gather how behoouefull it is for vs to haue as great a care to the sufficiencie of such as are to be called to be the ministers of the gospell as they had for the instructing of their idolatrous priests in their apish gesticulations at the masse And to no other end serueth that which is brought out of the Cap. tales 23. Dist. in the discourse vpon the said section But of all other Impertinent allegations that his common place of the basenes of manie meane things in respect of a few verie good pulled out of the Code and Nouelles but borrowed of the glosse vpon this Decretall I maruell that he would bring it for the inlarging of this particularitie which he hath here in hand The other allegation out of the 15. Dist. and Constit Otho quam advenerabiles toucheth wholie the conuersation and not the learning and knowledge of the minister and therefore is besides his purpose Yet neuerthelesse there is no such canon to be found as he quoteth and the constitution legatiue of Otho quid advenerabiles speaketh onlie False and wrested allegations of Archbishops Bishops and not of inferiour ministers wherevpon our author entreateth and therefore it is to be taken as a witnesse suborned and by him taught to giue euidence in a matter wherein he hath nothing in déed to depose Wherevpon bicause all this notwithstanding he taketh occasion to enter into a verie bitter and I trust a slaunderous accusation against the most of our ministerie for euill example by their vngodlinesse dishonestie and dissolutenes of behauiour no otherwise but in a generalitie and therefore not possible to be answered but by deniall I must wholie remit the same to him who best knoweth whether herein he be an vniust accuser of the most of his brethren and of this church wherin he liueth And I would to God that all they whom thus he inueigheth against were as cleare from those faults as I am assured some others who are so readie to spie a mote in other mens eies and pretend greater zeale and sinceritie than ordinarie are farre off from true godlinesse mortification and charitie 4. Section Pag. 8 9. Pag. 11 AS these three allegations out of the Authentikes Digests and glosse of the Constit of Otho not so much as once naming the words of learning knowledge or anie such like being brought in but to make a number without anie derogation to the authors great reading might well haue béene spared so the other fiue allegations of this section tending hitherto that knowledge ought to be in ministers that they are maisters and ought to teach others bicause they speake not to the point of the issue may well be put from the barre For his purpose is to prooue that none deserueth to be called a minister or pastor which is not able to gouerne to exhort to admonish to rebuke and comfort his flocke yea and that as it seemeth by him else-where after a perfect and exquisite sort Now séeing knowledge and abilitie to teach is in diuerse measures and degrées may be verified as Logicians speake Secundum magis minus it may well be that a minister is in some measure learned hath knowledge and is able to teach and to deale in these duties which yet hath not aspired to the heigh of perfection required as an Idaea rather to be propounded to be followed than of anie one of his owne Rabbines or anie other hitherto attained vnto But to put the matter out of doubt that no such knowledge to preach as our author would inforce is here required the glosse vpon his first allegation in this section referring vs to the C. quae ipsis Dist. 38. dooth plainelie shew that it is but the skill in the missall the antiphonarie the booke of the forme of baptizing the kalendar the rules for penance and such like which is required to make him a skilfull priest and a séer or guide And therefore in the Chapter Sedulò in the same distinction it is prouided that scholars and those who are learned are not to mocke at the prelates and ministers of the church when they heare them vse Barbarismes and Soloecismes in their praiers and to pronounce confusedlie words which they doo not vnderstand where the prelats also and ministers are in that respect excused Wherevpon the * Gl. ibidem in verbo intelligere glosse gathereth that a man for his
that euerie minister by his ordination is made a preacher Also the law * Reg. iniuncti art 80 40. Vide resp ad 40. sectionem dooth expresselie in many places authorise a minister to suffer preachers to preach in his cure and therefore it cannot be doubted but they may haue this dutie furnished by another The next alledged out of our prouinciall constitutions dooeth reason thus Persons and Vicars ought to labour to informe the people committed vnto them with the food of Gods word according to the measure that shall be inspired them Ergo it is directlie forbidden that the office of preaching should be deputed to anie other Héereof me thinke a man might more probablie collect against the principall matter now handled séeing the synod knew well enough the words of preaching sermons and such like which neuerthelesse in this place hauing so fit an occasion it dooth not vse but tempereth it in other maner by Feeding according to the measure that shall be inspired into them that therefore it was not the meaning of the synod to exact of euerie beueficed person a necessarie abilitie of preaching but were contented to staie vpon a competent skill where more exact learning could not be procured But a modest man would haue béene ashamed thus purposely to haue abused his readers by sending them to séeke the last constitution by him alleged in stead of * C. presbyterorum consti prou de off archipresbyteri another brought in afore or yet to auouch that this place more at large manifesteth his purpose to prooue that one may not preach for another wherof it hath neuer a word nor yet any resemblance neither yet dooth it exact of them to preach but to Informe their parishioners by the food of Gods word which may be done many waies beside preaching though not so profitablie And therfore the glosse distinguisheth preaching from doctrine and other * Glossa ibid. verbo latraeu information by a disiunctiue as being diuers things The beginning of the decretall Inter caetera Ext de off iudicis ordin perteining onelie to the Bishop may well be a reason to inforce a necessitie to haue the people of God fed with the word of God but it nothing helpeth any of these his Three issues by the authour to be prooned principall issues that he is no minister at all who cannot preach or that there may not be admitted the former degrées of seuerall measure in learning or that a man not able to preach may not procure that dutie by another to be supplied And if it had pleased him to haue called to remembrance the next wordes following the allegation which he brought in the next page afore out of the same Pag 23. in fine chapter he might haue séene * Inter caeterae Ext. de off iud ord vers generali there that Bishops either hindred as there is said or hauing great diocesses should choose fit men for the office of holie preaching which in their stead when they are otherwise letted may execute the said office and carefullie visiting their flocks committed vnto them might edifie them by word and by example and so be ioint-helpers and workers with them Therfore if that decretall should conteine a reason why one might not preach in anothers sted as the author séemeth to thinke it were a verie strange Antinomie and Brocard hardlie to be reconciled by anie supersubdistinction whatsoeuer 15. Section Pag. 25 26 27. Pag. 23 AN inquisition in this behalfe how the préests whom he transiateth Elders haue done their duties being no otherwise than is shewed before dooth not adde any weight to the former proofes for any of the said three issues set out and the words of Preaching or publishing vsed with a disiunctiue doo argue plainelie that he did not deale simplie before when hée would haue the expounding in the vulgar toong of the articles of beléefe the ten commandements c to be so manie sermons séeing they are héere plainelie distinguished so that any publication thereof sufficeth For a * Bald. in l. 4. C. de ver rerum signif gl in c. Ext. parte Ext. de rescript disiunctiue being put betwixt two persons is vnderstood for a copulatiue but being set betwixt two things as in this place it is far otherwise and implieth a disiunctiue indéed though the glosse doo séeme otherwise to salue it For euerie publication of a thing cannot be called preaching as we vse the terme in common spéech But why are Presbyteri such as are to expound in the church translated Elders I trust he mindeth not héereby to shut out all laie men from the eldership or seigniorie which is dreamed of least peraduenture he himselfe be Exclusisstmus But here he enforceth againe a place before alledged accompanied with two other glosses the place was afore spoken vnto and the glosses speake not to any other purpose as is euident than to require and with as great abilitie in a minister as conuenientlie may be had yet not condemning thereby all As intrudors or as no ministers at all that haue not aspired to that perfection which is the point in issue by him laid downe But in these two glosses also he kéepeth his old woont to quote them so generallie that a man may seeke them where he will for he shall be sure by any direction he giueth neuer to find them For although in nine or ten pages afore manie other allegations being brought betwixt he alledged the Constit Othoni◠cum sit ars place from whence he borrowed them yet now as though it had béene the next allegation before he vseth the quotation of Glossa ibidem the which dealing with other like by him vsed doo argue this at the least that he was loth to séeme to borrowe so much out of one place least he should thereby bewraie his want I the will gather for his purpose any thing of that which Rebuff saith That those are accompted vtterlie vnlearned that knowe not how to doo the office to the which they are bound then must he first prooue that no ministers besides preachers doo knowe how to doo the office to which they are bound and that of necessitie the office of preaching is incident to euerie minister according to that vnderstanding that this word Preaching is vsuallie taken in Yet it is verie generall thns to alledge Rebuff without quotation who hath written manie bookes and some of them of great largenes All that I can find any thing sounding this waie is Rebuff in praxi benef pag. 9. infol this Illiteratus c. A man vnlettered cannot be preferred bicause he that caret literis that is cannot reade or is not book-learned cannot be fit for diuine offices The Art 43. Iniunct Regi iniunction which he alledgeth prouideth that such as not long before the making of the said iniunctions had béene made priests being children and otherwise vtterlie vnlearned should not by the Ordinaries
thrée to whome shall he tell it in the third place where he himselfe hath the authoritie to excommunicate But the power of binding and loosing according to the word of God and the censure of reproouing and sharpe rebuking of publike offenders which doo conteine indéed the whole discipline ment to be attributed by this church of England vnto priuate and inferiour ministers whie are they left out in this place And whie did he not also yéeld vnto euerie minister as well as excommunication the censure also against obstinate heretiks and of anathematisme supposed by the best interpretors to be a higher censure than excommunication and vsed when all hope of amendment is gone And touching his second question whereof onelie as it séemeth any doubt is made Whether the doctrine sacraments and the discipline be to be ministered simplie as the Lord hath commanded or else whether they be to be ministred onelie as this realme hath receiued the same without the commandement of God I saie that as this question is contumelious to this whole church by insinuating a iarre in those points to be established by our lawes with The commandement of God so is it a verie captious and sophisticall question A diuisione bicause he diuideth those things Inconstant dealing in the author that not onelie the booke hath ioined togither but he himselfe within ten lines afore vpon the like copulatiue coniunction vrged the like concurrence of two other seuerall members in this selfe-same sentence And for answer to the question I doo affirme that these thrée are to be ministred both as the Lord hath commanded and as this realme according to the commandements of God hath receiued the same So that the one of these clauses shall not be vnderstood either to limit or restraine the other as he vnskilfullie thinketh may be obiected nor yet Dispositiuelie as though the law ment by authoritie hereof to establish that the order in these things by the realme receiued should be holden as agreable to the word of God but must be taken Enunciatiuelie to declare and affirme for the further incouragement and comfort of those who are to minister these things that following the order by law established they shall doo agréeablie to Gods will Not that it is to be thought that euerie ceremonie forme or circumstance about these thrée things are either in particularitie deliuered in scripture as this man hath not alone absurdlie fansied or that there in either this church or anie other is or can be tied to any such certeine exact forme In hypothesi as we terme it but that certeine generall rules for Articles of religion 34. art ceremonies and gouernement being there set downe euerie church is to followe the said rules in such particular maner as they shall iudge all varietie of circumstances weied to be most fit for the editieng and gouerning of that people For iudgement whereof I thinke that waie surest to follow which hath had the best proofe and experience of profitablenesse by longest continuance of time and purer antiquitie so that it be sure no commandement in the word to be to the contrarie And where as he concludeth though without premisses that A Bishop and a minister ought to minister the discipline of Christ as the Lord hath commanded though the lawes of the realme should not haue receiued the same afterward in plaine terms saith That our discipline vsed in the church of England is not the same which the Lord Christ hath commanded he dooth first iustifie that slander of this church which his question afore The authors slaunder of the whole estate did insinuate Secondlie he directlie contrarieth both that which the booke by law established which he himselfe had a little before affirmed in these words That the discipline is to be executed by the Bishop as he hath committed vnto him by Gods word as he is appointed by the ordinance of the realme to execute Lastlie he héereby both giueth libertie to Bishop and minister to vse what forme so euer of discipline shall séeme to them grounded vpon Gods word and dooth as it were crie an alarum to all men to oppose A seditious asseueration of the author themselues against the discipline of this church as wicked and not agréeable to Christs institution But let vs a little examine his proofes whereby he goeth about to infer that The discipline of the church of England is not according to the commandement of Christ The first reason that It appeareth by the word of God and likewise the second that it so Appeareth also by the discourses written by the learned to and fro are two childish fallacies A petitione principij proouing a thing in doubt by a matter as much or more doubtfull for who being of a contrarie opinion will not straight tell him that his proofe is as euidentlie false as his conclusion That which is said of The discipline of all reformed churches maketh more against him than he is ware of First more reformed churches come néerer vnto our outward policie discipline and ceremonies than those are in number who séeme to dissent from vs. Againe few or no reformed churches especiallie of seuerall nations or dominions doo iumpe in one externall policie of discipline or ceremonies And whie is it not as lawfull for vs héerein to differ from them as for them to differ amongst themselues And how is it possible if such a set forme as is pretended be set downe in scripture that they all differing so much one from another in externall policie should all be ordered therein according vnto the commandement of Christ and thus to be brought as a squire to leuell vs by who are alonelie belike in his fansie wide from the right discipline where as I sée no cause in any respect whie they should not rather take light of vs than we of them That which he speaketh of maister Nowels catechisme is verie generall and requireth the perusall of the whole booke But I suppose this to be the place which he meaneth where toward the latter end of the booke he saith In * pag. 652. graecolat Catech 1573. well ordered churches a certeine forme and order of gouernement was instituted and obserued certeine elders that is to saie ecclesiasticall magistrates were chosen which should reteine and practise ecclesiasticall discipline And dooth our author thinke that this man heere dooth meane their laie presbyteries neuer heard nor read of from the beginning of the world till within these fortie yeares or little more bicause he nameth them ecclesiasticall magistrates A foole fansieth that bels doo ring and almost speake anie thing wherewith he is delighted Or could he gather that maister Nowell here condemneth our churches discipline as not agréeable to that which Christ hath commanded if he had directlie said that in some well ordered churches an order of discipline differing from ours is obserued Dooth this follow Some well ordered churches differ in some points of externall discipline
from our church Ergo ours is not the discipline of Christ Then by this reason should no reformed churches be said to reteine the discipline of Christ or to be well ordered manie of them vpon diuersitie of occasions differing euen from themselues before and euerie one in some point or other differing among themselues Are all the churches of Denmarke Sweueland Poland Germanie Rhetia Vallis Tellina the nine Cantons of Switzerland reformed with their confederates of Geneua of France of the low countries and of Scotland in all points either of substance or of circumstance disciplinated alike Nay they neither are can be nor yet néed so to be séeing it cannot be prooued that any set and exact particular forme therof is recommended vnto vs by the word of God And therfore maister Deane of Paules in the said * Ibid. pag. 16. booke saith that one end of so manie counsels gathered so often in the primitiue church was this to make canons For the externall gouernement of the church which had not néeded if such a perfect platforme had béene deliuered thereof in scripture as some men vainelie blunder about And I verelie doo persuade my selfe that he being a man yet liuing and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church whereof he is no inferior member himselfe and being best able to interpret his own meaning would if he were demanded quicklie conuince this man of factious and slaunderous wresting and racking of his words And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline let him first by some proofe out of scripture or ancient writers approoue vnto vs if he can the debarring of the ciuill magistrate from all gouernment in ecclesiasticall causes and a presbyterie or segniorie consisting most of laie persons yet both of them practised by some churches which he and his clients most admire and as he shall deale in these he shall haue more of our worke of like nature which peraduenture will trouble the sconses of all the new discipline-framers we haue to auow by good and substantiall proofes Now vpon the quite ouerthrowe as he wéeneth of the discipline of this church of England he laieth foorth in behalfe of all inferiour ministers an action of wrongfull detinue for I thinke he will not saie it is but nouell disseisine against Our Bishops and archdeacons for challenging all punishing of malefactors within their seuerall iurisdictions If it be their iurisdiction by law why may they not so doo Forsooth bicause They permit not the minister to exercise any discipline at all Yes truelie as was touched afore they doo and may execute the discipline of declaring by doctrine according to the word of God mens sinnes to be bound or loosed and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes which are not the least parts of discipline which is as much for auoiding of intollerable inconueniences which otherwise would ensue as is expedient to be attributed vnto euerie one and so is it all which the law dooth enable them with as may be easilie gathered out of the verie same demand of the Bishop for at the latter end thereof it is said So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same so that the discipline which the minister is to execute reacheth no further than to Teach his parish with all diligence to kéepe and obserue so much of the doctrine sacraments and discipline of Christ as apperteineth to them And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue other why is it said by S. Paule excommunicating the incestuous Corinthian Absens decreui being absent I decréed 1. Cor. 5. seeing they had ministers of their owne and willed the denuntiation of the said excommunication afterward to be doone openlie in the church And at the time of his absolution Paule being absent saith To whom you forgiue any thing I forgiue also Likewise speaking of the anathematisme of Hymenaeus and Alexander I haue giuen 1. Tim. 1. them vp vnto sathan not naming either their owne minister or anie segniorie But we must yet a little followe our author leaping backe for Another reason to prooue that This statute hath appointed the discipline of Christ to be ministred as the Lord commanded onlie and none otherwise which we will easilie grant him vnderstanding it in a generalitie not as though euerie particular ceremonie rite or circumstance of externall policie if they had beene as they are not in scripture mentioned but being not commanded were at an inch to be followed For else how could the primitiue church without any prescript word I doo not onelie saie haue brought in a new ceremonie but haue altered the sabboth daie by God appointed at the first and being our saturdaie vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie and with vs sundaie or yet the time of receiuing the sacrament of the eucharist being according to the institution vsuallie receiued after supper to haue it receiued as it is in the morning fasting His reason for the proofe of this conclusion I gather vp thus If this part of the booke doo not abrogate all discipline vsed in time of poperie amongst the idolatrous priests as well as their false doctrine and prophanation of the sacraments then dooth it ordeine nothing but it dooth ordeine something or else it were an absurd law Ergo it abrogateth discipline vsed in poperie If this conclusion were granted yet his matter he hath in hand would not here vpon be prooued to wit That therefore discipline is no otherwise to be ministred than the Lord Christ hath commanded But I haue shewed afore this Minor to be false and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline more than they doo for the doctrine or sacraments which were prouided for by other acts and not by these words which were indéed absurd once to be imagined Also his Maior foloweth by no consecution for it might haue béene that those words had ordeined something and yet not to haue abrogated all the discipline vsed in poperie except it had by him first béene shewed that the same was contrarie to the commandement of the Lord and otherwise than this realme hath receiued it Which being not prooued we may conclude that he hath in all this section plaied vpon the Petitio principij a fallacie not fit for his person pretending some learning and too plaine for a man to be ouerséene in And therefore in his conclusion hereof he might haue spared his vehement expostulation of Open wrong and intollerable iniurie by the cheefe A proud and insolent terme full of pharisaicall contempt prelats for denieng to the saints of God the discipline they call for c. But if
he meane the discipline passiuelie I thinke he and his felow saints haue had some wrong at the chéefe prelats hands a great while If actiuelie that euerie minister without checke might haue the execution of all discipline in his owne parish I doo verelie beléeue that this man and others who so earnestlie call for they know not what if they might not be themselues also elders ancients or what you will sauing priests of the segniorie would be the first wearie of it For if I knowe their disposition any thing they are as vnpatient as any men to be at controllement and most of all by a poore minister 19. Section Pag. 37 38 39. THe question heere asked whether It was the meaning of the parlement that the Bishop should command an apothecarie not exercised at all in the holie scriptures and altogither vnable to teach to be notwithstanding a faithfull dispenser of the word of God and to take authoritie to preach hath a verie readie answer that it was not their meaning that any Not exercised at all and altogether vnable should so be commanded or authorised Neither yet is it to be gathered hence that they ment to haue none admitted hauing otherwise competent gifts of learning and reasonablie trained in the scriptures but such as could discharge the dutie of a preacher as this man else-where would inforce For to what purpose then should that limitation haue serued which the booke addeth but our author passeth ouer as though he saw it not to wit To preach the word of God and to minister the holie sacraments in the congregation where thou shalt be so appointed The second question Whether their meaning was to bind the minister to performe by himselfe this dutie to preach or that it should be done by a third person I take may truelie be satisfied thus that neither the minister if he be not able and therefore not authorised well to discharge that great worke of preaching should himselfe preach neither yet if he were authorised and no other impediment hindering that he should loiter himselfe and post it ouer to another And therefore he might haue spared to haue alledged his two texts as one and with one quotation being no more to purpose but that he ment to disport himselfe a little with his Maisters the doctors of the canonlaw which elsewhere he saith haue by ordinance long since béene inhibited from taking any such degrée and Doctors of the ciuill law Burgesses in the house of parlement Pag. 240 Truelie his skill in law appeareth to be so little that a verie doctor Buzbie might well beséeme to be his maister in law and yet his memorie is so fickle his inconstancie so great his passions so furious his pen so slanderous his mind so haughtie and his words so virulent in this booke that an honest quiet man though he were not troubled with parlement matters as this man is Iwis more than becommeth him would be loath to be troubled with such a headie scholar The other member of this text alledged out of the § Si quis alium institut de inutilibus stipulationibus if he had not taken it out of some summarie by retaile as appeareth both by his receding from the words of the text and by iumbling two texts in one would haue put him in mind how little it maketh for his purpose If a man saith the law haue solemnlie promised to procure that Titius shal giue so much he is thereby bound though if he promise that Titius shall giue so much the stipulation be void The other examples brought by him being so by the first disposition tied to one person that it is not sufficient to haue them doone by another doo not prooue generallie that where anie person is appointed for the performance of a matter that it must be done by himselfe personallie no not alwaies where the industrie of the person is especiallie elected as appéereth in our Sherifs though personallie sworne yet allowed by law their vndersherifs And the ciuill law saith He * l. 5. ita autemff de admin pericu tut §. quod si quis seemeth to haue delt in a gardianship of a ward or pupill that hath delt in it by another man And * l. 22. non solùm ff de liberali causa againe We are to take it that he is said to haue bought which hath bought by another man as peraduenture by his attournie And therefore though it néed not be so said in this place yet these his allegations notwithstanding a minister might haue performed this dutie by him vndertaken by a third person lawfullie But here the minister is onelie to promise to Preach if he be so appointed And the Fourth iniunction addeth Reg. iniun act 4. herevnto that if he be licenced herevnto he shall preach in his owne person at the least euerie quarter of a yeare one sermon for the which end the Ordinaries in most places do require of such as be not fit to be licenced to preach that they procure such duetie to be done by another which is able to performe the same and is licenced according to order Where he asketh Whether the meaning of the parlement were to haue the Bishop iudge the reading of homilies to be preaching it may be said that reading of homilies in a strict signification cannot be accompted preaching yet they serue to edifieng and are a kind of publishing the Lords will euen as well as a sermon being penned is and vttered foorth vnto the people and they were not by the Bishops but by hir Maiesties owne authoritie and iniunctions vnder the great seale of England recommended Iniunct 27. vnto all Ordinaries to sée amongst other things that all ministers being no preachers should read them in supplie of sermons for the banishing of ignorance blindnes And therfore I doo the more maruell why our author should aske this question Whether the Bishop may commit the office of reading homilies to a minister and so confidentlie to auouch that he may not One reason for proofe of this he bringeth séeing Three kinds of offices are appointed to be in the church deacons ministers and Bishops euerie officer hauing his seuerall dutie expresselie appointed as reading homilies to be the office of a deacon that therfore One priuate man and fellowe-seruant may not transpose from his fellowe-seruant an office committed vnto him by publike authoritie which he inforceth by this that Statute law is Stricti iuris and may not be extended Here I will also aske him a question séeing his worship will not permit to His lordship that which no Bishop neuer went about to doo of his own head and authoritie Whether dooth he permit vnto hir Maiestie notwithstanding this distinction of offices and strictnes of statute law which full wiselie he alledgeth any power to take the reading of homilies which he will néeds appropriate to a deacon and to laie it also vpon euerie minister If he will be so good vnto
not being at that present time Bishop priest nor deacon except he be called tried examined and admitted according to the forme hereafter following And if so be that none of these be specified or declared in particular Pag. 7 6. sic deincepâ— as he here affirmeth why dooth he kèepe such hot schooles a little after sèeking to prooue that they are no ministers nor deacons indèed by law which haue not bèene made according to this exact forme of calling triall examination c. But to what purpose dooth he bring this reason except he would haue shewed vs withall what that Calling triall examination and qualities be which he supposeth to be required by the law of God and which They the Bishops whome as I take it he meaneth by waie of supposall are by him indirectlie charged to haue broken Naie he supposeth In them vnfaithfulnesse to the Lord accompting his waies not the best waies nor his counsels not the wisest counsels that they haue set the consultations of the grauest senators and wisest counsellours and cheefest rulers of the land behind their backs that they make their will a law and that they are not ruled by reason Truelie if these his crooked virulent and contemptuous accusations of such men reaching so high as to charge them with apostasie and these mutinous sèeds of dissention sowne betwixt them and other great men of the land be to be tolerated in a published and printed libell though they were true and iustifiable then I doo not sèe but that euerie other lewd disposed person will take the like boldnesse vpon any discontentment to whet his dog eloquence vpon any the best and best deseruing within this common-wealth For Psal 64 3. they haue whet their toong like a sword and shot foorth their arrowee bitter words Therefore we will praie with the prophet Let the lieng lips be made dumbe which cruellie Psal 31 18. proudlie and spightefullie speake against the righteous and deliuer our soules D Lord from lieng lips and from Psal 120. a deceitfull toong which is as the coles of iuniper 24. Section Pag. 53 54. OUr author omitting to declare vnto vs the Maner of calling c of ministers and deacons which is required by the law of God and required also by the law of this land as he telleth vs and leauing it to the dèepe considerations of such as know his meaning if he doo but gape vpon them dooth in this section intreate of Another maner of calling and triall by other positiue lawes required charging the Bishops euen by their owne records to haue neuer or verie seldome vsed any of them So that sèeing he exacteth of them in this action first â—bsâ—â—â—ditie in the authors platforme the obseruation of the booke for the forme and maner of procèeding therein next the calling triall and examination required by the law of God and lastlie now another maner of calling required by other positiue lawes it had beene mèet that either he would haue set downe all these threè forms to be one and to agrèe in euerie circumstance or else to haue prescribed vnto them which of the thrèe they should vse that so they might auoid his high displeasure and indignation against them And I would he had vouchsafed to let himselfe so much downe as to haue told vs where these positiue lawes which he alledgeth are written * Dist 24. c. quando Epâ—â—s being indèed the canon lawe conteined in the decrees Wherein I find a difference from the forme by act established which appointed the Archdeacon to examine and present those which are to be ordered Whereas here The elders Vide sect 26. sect 40. indeed priests are to present and certeine ministers and others skilfull are to trie and examine them The forme of calling which these positiue lawes that he speaketh of doo meane is nothing as he saith But a proces to be fixed vpon the cathedrall church doores or a proclamation by an apparitor the fourth daie before the ordination signifieng that such a daie the Bishop will make deacons or ministers warning such to be present as will offer themselues meet men for that seruice If this be true and also that Three daies together they are to be examined before the daie of ordination truelie they haue but Skarborough warning so suddenlie to be called euen the first daie whereon they are to be examined But he saith this Maner of calling is also commanded by the booke though briefelie in these words When the daie appointed by the Bishop is come certeinlie he had nèed to haue a head full of proclamations that can picke out of these words such a solemne calling or proclamation But whie dooth he not also tell vs whether of the two or whether both of them be ment by this law that is to saie the intimation vpon the church doore or the apparitors proclamation And where the articles of religion doo determine That none may take vpon him the office of publike preaching or ministring the sacraments in the congregation before he be lawfullie called and sent to execute the same vnderstanding hereby the whole action Dotable wresting and falsification of externall vocation which he restraineth to the letters of intimation or to the apparitors proclamation whereby signification is giuen of the daie of solemne giuing of orders he dooth heerein notablie abuse the patience of his readers whome he thinketh verie sottish if they can make no difference betwixt these two kinds of callings But as no man denieth but that it is requisite some publike notice should be giuen a conuenient time before anie solemne daie of generall ordination prefixed doo come to the intent as he saith men méet for that seruice may then and there offer themselues so if héereby he will sucke any matter to obiect against such Bishops who vpon especiall occasions and with more due triall and examination than can be had where such a confused multitude at once must be run ouer doo laie their handes vpon one or two well knowne vnto them without any such solemne notifieng thereof he shall rather hereby argue his spitefull stomach against them than anie care he hath of reformation or obseruation of law which he dooth pretend sometimes when it séemeth to accord with his humor For it is notorious that such of the Bishops as haue kept that course haue sent abroad more sufficient preachers and fewer of meane gifts haue escaped their hands than possiblie can be performed at those generall ordinations And dooth not our author himselfe dissallow in a whole treatise as Vnlawfull Contrarietie to ordeine a minister without a title which platforme can no waie stand with this generall publication of orders for all commers found méet therevnto without respect of hauing or not hauing anie place void in the diocesse allotted foorth vnto them Conueniet nulli qui secum dissidet ipsi 25. Section Pag. 54 55 56 57. IN this section conteining the maner of
the clearkes attendant about the Bishop or else tried by the good testimonie of the people And another * Glain conullus dest 24. glosse gathereth thus Heere you haue a proofe that the testimonie of the people is equiualent vnto examination wherevpon we may note that it is sometimes sufficient for a clearke that is to be ordered if he be of good fame Which may also appeare * c. de Petro dist 47. pag. 70. dist 75. c. 2. ordinatiâ—nes hereby that such as be knowne are not to be examined but those that are unknowne The second allegation which onelie speaketh of the presence of manie by-standers is not aright quoted for the number of the page as it is in some prints is taken by him for the number of the distinction The fift allegation also left by him without quotation but taken indéed out of the chapter Vota 63. dist speaketh no further than of requests and testimonie of the people to be had in this action and leaueth the election onelie to the cleargie To which also agréeeth that * c. non lice dist 63. canon which saith It is not lawfull for the people to make election of such as are to be promoted to priesthood but let it be referred to the iudgement of the Bishops that they may trie whether such is taught in word in faith and spirituall conuersation And here vpon is inferred this By all these authorities laie men are excluded from choosing of priests and a necessitie of obeieng and not a libertie of commanding is inioined And the * Gl. ibidem ver contra c. nosse c. â—â—m nossed glosse reconciling other places which in shew séeme repugnant to this saith It is to be holden that laie men ought to be present not to elect but to yeeld consent His third and fourth allegation go something further and doo require the assent and allowance of the citizens The former of them is left without quotation the second our author hath a little helped as crastie companions doo true dice by translating Conniuentiam testimonium ciuium The allowance and good liking of the citizens Whereas in truth Conniuentia is when a man séeth well inough what is done and is content not to oppose himselfe but to winke at it and by Testimonie as was afore shewed foorth of the glosse is nothing else vnderstood but a good name and report amongst men And where he vpon these dooth strait-waies leape for a conclusion That these texts and manie other mo doo all affirme that elections and ordinations must be made by citizens in the first place And priests or clarkes in the plurall number and willeth vs to Note it we must tell him that he leapeth short and that we note Quò haec not a non valet For he manifestlie herein falsifieth his owne allegations which all doo referre the ordaining to the Bishop but with assent or this or that allowance of some others And I thinke in the proper and most vsuall signification of ordination and imposition of hands it is not to be shewed that any laie man had euer anie intermedling therewith which some of their chéefest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo also grant And where in the sixt place by waie of preoccupation he goeth about to prooue that These are not spoken of the cheefe priest of euerie diocesse which is the Bishop though it be not denied by any yet assuredlie the place whereby he would prooue it is onelie to be understood of the Bishop and the canon is thus He shall be no priest hencefoorth whome neither cleargie nor the people of his owne citie dooth choose But he thought to prouide saselie for himselfe herein not to be espied and therefore quoteth the 64. distinction c. qui in aliquo §. sed nec ille dist 51. in stéed of 51. and the Chapter Si fortè which is not there to be found The summarie gathered vpon the said chapter Qui in aliquo the glosse throughout yea and the whole chapter requiring the age and other qualities peculiarlie by the canons looked for in Bishops and the word Episcopus there vsed doo all prooue a Bishop indéed and not any inferiour minister there to be vnderstood And so did the whole parlement of Paris take it in the 31. article of their defense for the libertie of the church of France And he himselfe affirmesh that there were congregations in the countrie where there was by likelihood none of the cleargie but one minister and it must néeds be that there were ministers to be placed in other places belives cities And it is yet made more manifest by another disiunctiue following Or else the authoritie of the metropolitane or the assent of the comprouinciall priests haue not tried both which dooth make it plaine to be vnderstood onelie of Bishops Where it is not also to be omitted that the election there spoken of in the disiunctive wherein if either part be true the whole proposition is true dooth ouerthrow the election he speaketh of by citizens For thereby it seemeth sufficient as to that point if either the cleargie or the people of the citie do make that choise Pag. 16 That which he bringeth last out of the Autentikes I haue answered afore that it is not to be found either in the edition of Haloander or the Gréeke or Latine set foorth vp Contius yet it maketh directlie against him for if he doo thinke this constitution to be law with vs and conuenient to be vsed that Where an vn worthie minister is chosen by other there the most holie Bishop may ordeine whome he shall thinke best then in some case one man alone may ordaine and choose a minister without approbation of the people and the Bishop shall hereby have as absolute a stroke to reiect or reprooue a minister as he hath alreadie But I would of all these varieties of iudgements in diuerse canons our author would haue signified which of them we must hold for law for all being so discrepant cannot be Whether it must be onelie In the presence of manie by-standers or at the request of the people or with the testimonie of them or with their aduise or assent or else by their election and vaices But if by waie of admittance it should be said that these old canons were as direct as he would haue them yet they cannot any waie serue his turne For he must first prooue that they are not repugnant vnto the customes of this realme and shew vs how they haue béene vsed and executed here before the making of the statute 25. H. 8. yet he can saie they are by law established amongst vs. Naie if euen then they had béene in vse yet are they countermanded and reuersed now by another course of ordering of ministers set downe in the booke for that purpose wherein no such forme is prescribed And he himselfe affirmeth often in this treatise that they are no lawfull ministers yea no ministers at all in this church
they haue thus decréed euen for the immunitie of popish priests and moonks Toute violence c. All violence and iniurious words against those of the church of Rome and namelie against priests and moonks shall not onelie be hindered but also shall be corrected and restrained so farre foorth as possiblie may be The conclusion for proofe whereof he voucheth viuers lawes and canons is that Both the man vnworthilie promoting and the man vnworthilie promoted is to be deposed Where if I should deale strictlie with him as a lawyer would I could tell him that there is great difference in law betwixt one vnworthilie promoted as perhaps some solemnitie required by the canon being omitted and one promoted being vnworthie The first case is so farre from * c. literas Ext. de tempor ordinand gl in 1. q. 1. c. si qui Epi. ver ordinationis deposition that it deserueth but a temporarie suspension from execution of some part of their offices at the discretion of their superiour For proofe of his conclusion he bringeth thrée allegations speaking no word of deposition but of punishment to be inflicted which without expressing can neuer be extended to deposition In ambiguis quod minimum est sequendum pro mitiori poena semper est interpretatio facienda And yet the first and the third of them doo speake of Bishops and superior prelats and not of inferiour ministers The first is * c. nihil est Ext. de elect elect poâ—est not aright quoted nor alledged For the punishment there set downe for confirming an vnworthie prelat is sequestration of the fruits of his owne benefice and béereauing him of power to confirme the next successor and in the words immediatlie * §. episcopi â—bid next following by him not alledged as once afore hath béene shewed a canonicall punishment by reference vnto canons to that end in force is appointed to the Bishop which shall preferre an vnworthie man to holie orders or ecclesiasticall dignities In his third allegation by ioining of two seuerall canons as one the one of them appointing a milder punishment than the other he hath disaduantaged his owne cause For where two punishments are laid downe the lesse is to be inflicted But neither of these canons * c. ex panitentibus 50. distinct c. aliquantos 51. dist doo speake of a man vnwoorthie in respect of learning but vncapable of orders in respect of some other canonicall impediment as infamie by law bigamie anddiuerse such like there specified But the glosse reconcileth not onlie that canon but all other which speake of disposition of him that ordaineth one vnworthie with those canons which doo suspend him onlie from ordination of others bicause the * Gl. in c. si qui Epi. c. q. 1. verb. ordinationis first are to be vnderstood when of contempt and pertinacie the Bishop shall with pretended purpose against the canons ordeine such and the other when he ordcineth vncapable men onlie of ignorance or negligence And againe this doubt in the same place is better resolued séeing there are diuers penalties for one offense and that the * c. graue Ext. de praebendis latter canons doo prefix the milder of both that therefore the easier penaltie must in both respects be practised And therfore I muse at the boldnesse of the man who leauing out the word Alià s Otherwise to wit when the Bishop of pertinacie shall ordeine one vnworthie he alwaies deserueth to be deposed Faâ—â—â—ficatioÌ„ dare alledge the words of the glosse generallie as though in all cases this decision had place The * Gl. in c. vnicum const Othonis de scrut ordinand verb. quare next glosse is likewise wrong quoted out of the legatiue constitutions of Otho but serueth not any whit for proofe of his conclusion bicause it mentioneth no penaltie but onclie ingreiueth the fault of him that dooth ordeine anie vnworthie His argument of comparison which he borroweth of the glosse of the câ—uill law to prooue that the archdeacons fault or ouersight cannot excuse the Bishop no more than a pilfering sailer shall excuse the owner of the ship who taketh fare of his passengers from restitution of that which is embezeled though great diuersities may be taken betwixt these two cases euen to this intent yet I will not greatlie gaine-saie seeing it is both lawfull and expedient that the Bishop himselfe should examine them for their sufficiencie in learning adding this neuerthelesse that the author here hath manifestlie falfified the glosse where he simplie saith the Bishop is to be punished for the archdeacons fault committed in examination For the * Gl. ibid. ver per Episcopum glosse saith to this purpose Indéed if the archdcacon doo it by the Bishops commandement then is the Bishop punishable but if the archdeacon doo it of his owne head as incident to his office then must he himselfe abide the penaltic of lawe That which he saith of A deed once doone which vpon a cause newlie arising sometimes may be altered cannot be applied to this that a Bishop may reexamine those whome the archdeacon hath examined though it be * Arg. c. accepimus Ext. de aetat qualit otherwise lawfull and in like maner can I not conieâ—ure for what purpose he bringeth though with a wrong quotation * c. eae quae Ext. offi de Archid. concerning the remissenes of an archdeacon in safe kéeping certeine ornaments of the church required to be punished by restitution of such things as by his default were perished except he thinke here by may be insinuated either that the archdeacons office alonclie dooth consist in such like duties and not in examination of ministers to be admitted or else that as he is to be punished for his negligence in these small matters so Bishops for such offenses as they shall commit about dealings of greater consequence Which if it be his meaning I must néeds iudge that he is verie mysticall that can fetch about so farre to speake so little to purpose But all these canons if they were as pregnant to prooue deposition as he would haue them are wholie ouerturned by his owne platforme of popular Contrarietie election For I thinke he would not endow the Bishop with an authoritie to ordeine another when all the people haue made choise of their minister nor yet punish him for their foolish choise 32. Section Pag. 65 66 67. THis section with some following being to shew the course of punishment against ministers being vnworthie of that function in the first place for proofe hereof is brought the depriuation of a Bishop against whome manie things were obiected and he himselfe had confessed that he neuer learned any thing De Grammatica of the Grammar nor had read any Grammarian no not Donat yea by the euidence of the fact it selfe it appeared that he was Illitteratus insufficiens Vnlettered and insufficient All which things ioined together being the
allegations for making void of all ordinations of deacons and ministers wherein anie point of the prescribed forme or maner was omitted which may appeare by the conclusion of this section in which he gathereth certeine points To be essentiall and not accidentall he therefore thought good here for the better winding of all whome he imagineth vnlearned ministers into the danger of vsurpation to note certeine particular solemnities concerning the examination time and presenting of clearkes to be ordeined hoping belike that vpon his poore credit we would accept them without proofe to be essentiall points of this action Wherevpon he promiseth to himselfe a triumph of his owne decreeing as not doubting but that all or some of these haue béene omitted at the ordinations of vnlearned ministers But what spirit shall we saie this man to be lead by which vpon his owne onelie vncharitable surmise of such omissions euen contrarie to that which the law presumeth dare so confidentlie and publikelie call in question not onelie the lawfulnesse of calling and staie of liuing of all vnlearned ministers against whome principallie he séemeth to bend his forces but of all other euen the best and most learned in the land Séeing it is as likelie that some or all of these solemnities were omitted and let slip at their ordinations as at any others But thanked be God there is no cause for them to dismay themselues all this wind is but a painted blast like that which bloweth at the end of a map and will shake neither corne nor chaffe The * Gl. in ver inuestigent c. quan dist 24. glosse alledged that He that is not examined before his ordering is to be deposed cannot well and simplie be vnderstood of the minister ordeined First bicause it is not gathered of the text whereon he gloseth nor vpon that * c. nihil est §. Epi. Ext. de elect electi which he bringeth for proofe of it For that text onelie punisheth the Bishop that ordeineth vnworthie men not mentioning any examination of inferior ministers which the penaltie else-where by canons prouided which is * c. cū in cunctis §. fin d. to be bereaued of conferring of orders and benefices And what reason indéed was there to depose the minister bicause the Bishop did not examine him Againe by this interpretation the glosse should be contrarie to it selfe as in another place to another purpose is shewed where * Gl. vnica in c. nullus ordi ne tur dist 24 is said Heere you haue to marke that the testimonie of the people is equiualent to examination wherevpon it is sufficient that a clearke to be ordeined haue a good fame of his side And this also * c. de Petro. dist 47. c. valde di 94. c. mandata Ext. de praesumptionib appeareth bicause those which are knowne are not to be examined but onlie strangers And againe the same glosse vpon the selfe-same chapter * Gl. in c. quādo ver aliàs dist 24. speaking of Examination and that otherwise the Bishop without aduise of other clearkes and the good testimonie of the people may not presume to ordeine saith Aliàs c Otherwise that is to saie if they be not examined by those who are about the Bishop or tried by the testimonie of the people So that we sée it is so farre off from deposing a minister bicause at his ordering he was not examined that it is not necessarie alwaies that he be examined and the verie words of the glosse alledged are doubtfull and indifferent to be applied as well to the deposition of the Bishop which dooth not cause the clearks to be examined as of any other so that if there were law to warrant it I should thinke it ment of the Bishops onelie deposing These * Gl. d. in ver inuestigent three saith that glosse lawfull age sufficient learning and honest conuersation are especiallie to be required and if he be not examined in these three Deponendus est Which our author meaning to put out of all doubt to be meant of the partie so ordeined hath either foisted in this whole sentence If any be made an elder or deacon without examination let him be cast out from the cleargie or else I must saie he hath a larger booke to serue his turne than ordinarie yea though it were so to be vnderstood whereof I haue prooued the contrarie yet it maketh not such Ipso facto to be intrudors and no ministers at all but leaueth them to be deposed by sentence of their Ordinarie which with no reason can depose them onelie bicause he himselfe neglected to haue them examined That which he bringeth héere out of the canon law concerning the time of ordinations if it be alledged as being in force with vs I answer that he must first tell vs which of the canons varieng amongst themselues hereabouts we must reteine for law amongst vs. Some of the oldest appoint a c. quod à patribus c. quod die 75. dist onlie the Lords daie other some b c. vlt. ibid. appoint for this purpose the foure solemne feasts which we cal imberdaies and the saturdaie before the passion sundaie onelie his text c Sane super eo Ext. de temp ordinat mentioneth onelie the foure solemne feasts and the d c. De eo autem ibidem next chapter following addeth the saturdaie next before Caster daie and the saturdaie before passion sundaie Againe our generall costome vniformelie obserued which cannot by reason of the multitude so ordeined without e Sane extra de tempori ordinat great offense and confusion be now as a corruption with all acts there vpon depending disannulled dooth by lawe sufficientlie establish all ministers ordeined at other times than the canons doo prefix Lastlie and chéefclie the act of parlement which declareth all such to be rightlie made and ordered that be made according to the booke for that purpose prouided dooth stronglie confute this assertion For the booke saith The Bishop may vpon a sundaie or holiedaie admit c which being a statute neither prohibitiue nor annullatiue giuing libertie to the Bishop to make deacons and ministers on sundaies or holiedaies as it dooth sufficientlie repeale the strictnesse of the canons herein so dooth it by no construction make void the ordination of such as be ordeined on other daies But if he will inforce that as the time of ordinations with them was an essentiall forme and solemnitie so the sundaie and holiedaie must be with vs I saie the difference betwixt them is great For the * c. de eo autem d. canon law saith It shall not be lawfull for any Bishop to ordeine at anie other time but the booke onelie saith The Bishop may vpon a sundaie or holiedaie admit And the canon it selfe dooth not so make the time to be of the substance of that action that those who are ordeined at other times shall thereby be accompted as
not ordeined For where the place by our author alledged vseth the word of Deposing there the a Gl. in ver deponerentur c. sane d. glosse expoundeth it Deposed from execution and to be suspended onelie Which agréeth b c. cum quidam d. to the text afterward that suspendeth those which be ordeined at vndue times till they receiue fauour for their restitution Againe the c c. penult d. canon saith It is not to be doubted but such as haue taken orders at other times than are appointed haue receiued the character that is are indeed priestes and after inflicting vpon them due penance for their transgression herein you may tollerate them to minister according to the orders that they haue taken Now he commeth to another quidditie and as he would haue vs beléeue a substantiall solemnitie which is the presentation of ministers to the Bishop by the Archdeacon without naming of his deputie as is done in deacons ordinations Which point if it were of substance might no doubt in manie places reach as well vnto the preiudice of good and learned ministers as of vnlearned But what reason were there that the minister should be punished for the archdeacons neglect of his dutie Or of whome should he inquire if he knew him not whether he were the verie archdeacon or but his deputie Or whie should we thinke that the deputie may not be as sufficient to present them to the Bishop as the archdeacon himself Or whie are we to imagine séeing the booke presumeth for the most part both the order of deacon to some and of priesthood to other some to be giuen in one daie that the archdeacon being present would depute one to present deacons and he himselfe in person present the priests And what if the cathedrall church haue no archdeacon established there or the archdeaconrie be void or he himselfe bed-rid shall the Bishop diuerse places of ministration being vold in the diocesse staie the ordering of ministers for those void roomes till there be a new archdeacon And what if the Bishop doo so sufficientlie know them or doo examine them himselfe that the archdeacon dooth not examine them what néed is there then for him to present them Or whie is this more of substance than the Bishops Sitting in a chaire when the oth of supremacie is ministred which the Booke mentioneth or to order at the least thrée at a tune séeing the booke saith The archdeacon shall present vnto the Bishop all them that shall receiue the order of priesthood that daie which cannot be spoken of fewer than of thrée Or if none but the archdeacon might present ministers without ouerthrowe of the whole action why did not the booke saie The archdeacon himselfe and none other shall present And séeing it is said otherwise the act in law shall be good enough as hath beene shewed before And the rule of law is * Reg. qui per alium ibi Dynus That which is done by another seemeth in the eie of the law to be done by himselfe But he saith the archdeacons industrie is herein especiallie chosen and therefore this dutie cannot be committed ouer againe to any other For proofe of this consequence he alledgeth two places one of them thrise and the other twise ouer for feare he should séeme to lacke law in this point That * c. sicui de preb digin in 6. out of the text which yet gaue him light to flourish and braue a little with the Bishop of London and his Archdeacon about the Treasureship of Powles speaketh not a word of inhibiting a delegate to substitute another for him but decideth that if the prince commit authoritie to a man to furnish certeine benefices with fit men and die before the trust be accomplished yet the commission dooth not determine but if it be to place some certeine person therein and before he be placed the prince dieth then the commission hereby dooth cease The other canon out of the Decretals maketh directlie against him sauing in certeine cases there expressed Bicause * c. quoniam Ext. de officio delegati saith that canon the apostolike See intendeth to prouide for matters and not for persons to whom they are committed if the iudge either of meere office by vs assigned vnto him or by the parties consent agreed vpon doo depute another in his steed considering the princes delegate may by lawe doo so this deputation shall be of force The like is to be said of a Bishop who hath a coÌ„mission to execute together with the one of his collegues for he may substitute another and then the other two collegues cannot proceed without him whom the Bishop did subdelegate * c. d. §. is antem when a man is inioined to execute a matter personallie except the parties doo consent Also * c. d. §. d. ver praeter quam when an inquisition or prouision for apt prelats or ministers is committed to be done bicause in such the industrie and credit of the partie is intended especiallie to haue béene regarded Lastlie it faileth * c. d. §. caeterum when not a iurisdiction but a bare ministerie and execution of some matter is recommended None of which thrée limitations can anie waie be applied to the presentation of ministers by the archdeacon onelie For if he had beene so strictlie tied then should this word Personallie or some equiualent haue béene vsed Neither is the prouision for apt ministers or the blame for default thereof as our * Pag. 64. 65. vide gl in c. ad hâ—c ver examinentur Ext. de officio Archidiaconi c. Episco Ext. de preb author himselfe afore hath prooued incident to the archdeacon but to the Bishop and the lawe chooseth not the industrie of him to this effect but the Bishop in all places chooseth his archdeacon vpon whom this iurisdiction in right of his office is therevpon cast And therefore this is not as a bare ministerie committed vnto him by any man but cast vpon him by reason of his office through the disposition of the law yet not so necessarilie or especiallie as our author vrgeth but that by law the presentation by the archdeacon may be omitted That * Gl. in c. quaÌ„do ver sacerdotes dist 24. is saith the glosse when the Bishop ordeineth without any presenting by the archdeacon And * Gl. in ca. ad haec ver examinentur Ext. de officio Archid. c. vt nostrum d. another glosse saith That of common right it is the archdeacons office to examine and present clearks to be ordeined yet this is not generall if either there bee no archdeacon as in manie churches or if the Bishop thinke good to * c. quando dist 24. choose especiallie other priests for this purpose And if it were of substance yet in the answer to the former section it is sufficientlie shewed that the leauing of it out cannot make void the ordination So that
he imagineth and by his owne onelie balance trieth to be vnlearned Are not truelie called nor mooued by the Holie-ghost as it is vncharitable in termes of christianitie so is it not warrantable by lawe Naie if we should admit such a contract and stipulation to be concluded betwixt the Bishop and the minister and that guile and deceit had therein such a stroke that by no compensation it could be saued but that the action were voidable yet neuerthelesse séeing he maketh it A stipulation and sure bond by words by méere law the action and contract shall stand good till it be reuersed as he himselfe His owne reason recorâ—ed against him confesseth till when both in name and déed they may in law be truelie called ministers Yea and further if that whole contract and stipulation were Ipso iure euen by common right méerelie void yet hereof cannot be inferred as he dooth that such Are intrudors yea and not so much as in name ministers Séeing these demands and answers are but solemnities about that action yet not the sole and onlie solemnities thereof but least of all are they of the substantiall forme of ordination which reacheth no further than to the authoritie of ministration giuen when the Bishop hauing praied dooth with the ministers present laie on their hands vpon him that is ordeined And therefore that which as a corollarie he buildeth here vpon that séeing this contract fraudulentlie contriued cannot bind either of the parties Much lesse can it tie the common wealth or church of Christ dooth all vnder one receiue an answer But that which he saith of wicked promises and othes against honestie which bind no man to kéepe them dooth argue that he careth not what he saie so he saie any thing Is there any thing I praie you in those demands and answers which he as it séemeth meaneth by An oth against good manners and by wicked promises which is not most godlie and fit to be vsed in such an action yea and is such as whereof diuers times in this booke he hath vrged a strict obseruation Of like skill and discretion is that which hée bringeth out of the impossibilitie of performance of such conditions by the minister to prooue the contract betwixt the minister and him void Bicause no man can be tied to impossibilities For if those promises there to be made are such impossible * Dynus in reg impossibilium things as the law meaneth that is either by nature impossible as to be in two places at once or in fact as to go from hence to Rome in a daie or by lawe being forbidden as to sell mine hand vnto you for a yéerelie annuitie then hath he by his owne construction shut out of doores not onlie vnlearned but all other ministers ordeined according to the order of this church of England from being true ministers But thanks be to God his malice and his might in reasoning are not alike and neither are those interrogatories and answers any contract nor the cheefe part of that action nor yet doo conteine any such impossibilitie But perhaps he ment that they which were vtterlie vnlearned could not possible fullie performe all which they there promised so thinking also that all impossibilitie was simple and absolute as neuer dreaming of an impossibilitie Ex hypothesi which it may be he neuer heard of or vnderstood he did therefore belike imagine that this reason also might go for good paiment amongst the rest 44. Section Pag. 89 90 91. HIS former reason of guile and deceit though it haue but a leaden point yet it serueth him to as many vses as though it were Delphicus gladius For he thereby first concludeth The contract betwixt the Bishop and the minister to be void next that Such ministers are intrudors then that They deferue not the title and name of ministers and now That the Bishop by law ought to cite such a minister Ex officio and to proceed to his deposing Truelie we are greatlie beholden vnto him as for his art herein so in that he will leaue this libertie to the Bishop to depose ministers vpon iust occasion and that procéeding Ex mero officio against them But how agréeth this with his popular election of ministers For I hope if the people with the Bishop haue the placing naie if he must but admit like a Vicechancelour whome they present vnto him then must they haue authoritie also to displace their minister for * c. 1. 2. Ext. de Capellis Monachorum c. cum plantare §. in ecclesâ—s Ext. de priuilegijs Cuius est instituere eius est destituere He that hath authoritie to place in a benefice he hath also to displace And as afore he was content to frame a part of submission for the Bishops so here in great kindship for sooth he draweth in their behalfe a processe against such a minister arguing sufficientlie his deepe insight in law being such a péece of worke as for which all the aduocates in Spire Paris Bolonia and Siuill may woonder on him and cast their caps at it for euer making such another infamous libell rather than legall syllogisme I will trusse vp this his solemne proces as short as I can in this maner You person A. B. deceiued me when I made you a minister you made an open lie you haue not kept promise either by preaching or exercising discipline in your parish you sue your neighbours for trifles and you haue not since repented you of these with diuerse others therfore I haue summoned you to depose you And by the waie I will aduise you not to thinke me vnconstant doing nothing herein but what an emperor in a lesse matter did before me and that which is for your owne benefit In his proces set out at large in his booke I obserue that he laieth a great number of faults as I take it iointlie whereof if any one be not prooued the defendant must be absolued For otherwise he must tell vs whether euerie of these which be obiected doo seuerallie deserue deposition by law Inconstancie which I thinke no man will affirme Also that which afore he called A solemne stipulation betwixt the Bishop and the partie ordeined he now termeth a Vow to GOD. Further he deduceth in his processe manie faults against the minister as Dishonouring and prophaning GOD quarelling and such like so * Spec. de posiâ—i §. 5. 1. ver item ad generallie and vncerteinlie that by law they are to be reiected being not otherwise by the defendant to be answered And he which afore had accused Both Bishop and minister of guile and collusion betweene them dooth here séeme to cleare the Bishop as being by Guile of the other partie circumuented As for the ministers Not preaching being vnlicenced and Not exercising of discipline is but friuolouslie alledged séeing no lawes doo warrant them but such as the author hath framed in his owne forge Here is also
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