my Parishoners because I am their spirituall father and they my spirituall sonnes to preach the Archdeacons visitation Sermon then I may likewise command them to preach either monethly or weekely in mine owne Parish and so free my selfe from both those labours and yet legally discharge them both by my Parishioners for quod quis legitime facit per alium idem est ac si faceret per se nay further then that Parson or Uicar in whose Parish sir Henry Martin did dwell dum viveret might have commanded him to have Preacht in his cure weekely or monethly and that Archdeacon Bishop and Archbishop within whose Jurisdiction Sir Henry Martin did dwell dum viveret might have commanded him to have preacht their visitation Sermon for hee was a spirituall sonne to all them as well as I am to the Archdeacon neither shall Sir Henry Martin si revivisceret interpose any limitation qualification restriction or exception to overthrow any of these consequences or collections from his major proposition but I by the same will overthrow his major proposition and free my selfe from preaching the visitation Sermon Thirdly if the foresaid proposition bee good Divininity then it will confound and make common the offices of Apostles Bishops Presbyters and Laymen which the word of God makes and all antiquity * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iggat Epistola ad Trall in and ever since the Apostles time held distinct and different The most learned Bishop Bilson in his forecited Treatise De perpetua Christi Ecclesiae gubernatione observes that there were eight things in the Apostles whereof foure were ordinary and perpetuall and foure extraordinary and temporary The foure extraordinary and temporary are these To bee sent immediately by Christ to have infallibility of judgement a power to worke miracles and to bee sent over the whole world The foure ordinary and perpetuall are these a power to preach the word to adminiminister the Sacraments to ordaine Ministers and to excommunicate All the eight were onely in the Apostles The foure ordinary and perpetuall onely in Bishops two of them namely a power to preach the word and to administer the Sacraments onely in presbyters and none of all the former in Lay men But if the former proposition be good Divinity then every parochiall Presbyter may command any of his Parishioners to do the forsaid foure ordinary workes namely to preach the word to administer the Sacraments to ordaine Ministers and to excommunicate any man both in his owne Parish and over the whole world and then every Archdeacon Bishop and Archbishop may command all them that are under their authority to doe like And so every Parish Priest Archdeacon Bishop and Archbishop shall have not onely Episcopall and Archepiscopall authority by his bare word to make licensed preachers over all England which is contrary to the Canons but also Apostolicall power to send licensed Preachers over the whole world which is the usurpation and presumption which the Pope of Rome challengeth to the prejudice of all the Bishops Archbishops and Churches of Christendome and to the diminishing of the supreame jurisdiction of all the temporall Princes through the world Whence my Lord will arise an intollerable confusion of all the foresaid functions and every lay man by the Command of his spirituall superiour shall be enabled to excommunicate any man even Kings and Princes and then surely every Clergie man may doe as much and then neither Clergie nor Laity can justly except aginst Pope Pius Quintus for excommunicating Queene Elizabeth nor against Felton for setting up that excommunication upon the Bishops of Londons gates Neither shall sir Henry Martin si revivisceret interpose any limitation qualification restriction or exception to overthrow any of these consequences or collections from his major proposition but I by the same will overthrow his major proposition and free my selfe from preaching the visitation Sermon Confutatio 4 But in the fourth place my Lord to deale gratiously and indulgently with Sir Henry Martin and not to stretch his words so farre as by true Logick sound reason and good consequence they reach but onely so farre as he intended them certainely his intent was to prove that the Archdeacon might thereby command me to preach his visitation Sermon and it was knowne unto him that I was not a licensed preacher for he together with the other Commissioners saies as much in the fift article extant in the Defendants plea and it was also knowne unto him that by the 36. 49. and 52. canons made 1. Iacobi no incumbent may preach or expound any Scripture no not in his owne cure untill he be first made a lycensed preacher either under the seale of one of the Universities or else under the hand and seale of a Bishop or an Archbishop and it was likewise known unto him that these * Graviter peccat qui obedientiam infringit praesertim si veniat contra leges sive constitutiones per superiorem rite rationabiliter editas promulgatas Lyndewode Prov. lib. 1. tit de Constitut cap. Quia incontinentiae ver obedientiae canons were made by a provinciall Synod called together by the Kings writ and confirmed by his Majesties Letters Patents out of his Prerogative Royall out of a Prerogative Royall invested in the Crowne by God himselfe acknowledged by Article by Statute by Canon nay out of a Prerogative Royall which he and I by the oath of Supremacy were both bound to the utmost of our powers to defend and maintaine So that by the former argument drawne from the fift commandement Sir Henry Martin would bring into this orthodoxe Church arbitrary or blind obedience and the worst part or kinde thereof not that onely which is uncanonicall pretercanonicall or ultra canonicall but that also which is anticanonicall or contracanonicall even contrary to the * Hic dicit Glossa Hebraica si dixerit tibi quod dextra sit sinistra vel sinistra dextra talis sâ—ntentia est tenenda quod pater manifeste falsum Quia sententia nullius hominis cuiuscunque sit authoritatis est tenenda si contineat manifeste falsitatem vel errorem Et hoc patet per id quod praemittitur in textu Indicabunt tibi iudicii veritatem Postea subdiâ—ur docuerint te iuxta legem eius Ex quo patet quod si dicant falsum declinent a lege Dei manifeste non sunt audiendi Lyran. in 17. cap. Devt Canons Statutes Articles oath of supremacy and to the word of God and thereby doth himselfe and would make me preferre the single command of my spirituall father the Archdeacon above and before the joynt command of all my spirituall fathers met in a provinciall Synod 1. Iacobi nay above the command of all the fathers gathered together in Parliament 1. Eliza. 25. Henry 8. yea before the command of the King himselfe Gods immediate deputy who is Pater patriae pater reipublicae yea and Pater Ecclesiae too
excommunicated for refusing to preach a visitation sermon and the hire for that labour is procurations and both these appeare by the definition of Procurations Decretalium lib. 1. tit 23. de officio Archidiaconi cap. 10. Est procuratio necessariorum sumptuum exhibitio quae debeter praelatis diaecesim seu subditos visitantibus and every Arch-deacon Bishop and Arch-bishop confesseth as much For alwayes before Easter in their processe they cite us to appeare at their next visitation and there to pay unto them procurationes sibi ratione visitationis debitas procurations due to them for visiting that is for preaching and correcting saith the Canon Law Procurations there is the hire of the visitation due for visiting that is for preaching and correcting there is the labour or worke of the visitation So that the visiter and he onely and that by the rule of naturall equity is bound to preach his owne visitation Sermon because he receives his procurations of the incumbents for that worke whence I thus argue Whosoever receives the hire of the visitation which is procurations he is bound to performe the labour of the visitation which is to preach and to correct But every visiter every Arch-deacon Bishop and Arch-bishop receiveth the hire of the visitation namely procuration Ergo. Every visiter every Arch-deacon Bishop and Arch-bishop is bound to performe the labour of the visitation to teach and to correct to preach and punish That procurations are the hire of the visitation and that the labour of the visitation is to preach and to correct and that every visiter receiveth that hire for visiting these three are without all question all the question is whether to visite bee to preach and to correct and that will I prove most plentifully when I come to the canon law I onely suspend the proofe thereof untill I have alleaged my third and last argument out of the word of God Argument 3 Which is taken out of the first Epistle of Saint Paul to Tim. 3. cap. 1. v. out of these wordes This is a true saying if any man desire the office of a Bishop he desireth a worthy worke In which wordes Saint Paul admonisheth Bishops not to make a divorce betweene their office and their worke not to take to themselves the dignity and profit of their office and to cast the labour and worke upon others but to joyne them both together and in their owne persons as well to doe the worke as to desire the calling And this doth analogically bind all others of what calling soever they be to joyne the office and worke both together according to that of the same Apostle Rom. 12.7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let him that hath an office waite on his office whence I thus argue Whosoever hath desired whatsoever hath obtained the office of a visiter he is bound to desire he is bound to performe the worthy worke belonging to that office namely to teach and to correct But every Arch-deacon Bishop and Arch-bishop hath desired hath obtained the office of a visiter Ergo. Every Arch-deacon Bishop and Arch-bishop is bound to desire is bound to performe the worthy worke belonging to that office namely to teach and to correct to preach and punish The onely thing questionable in this syllogisme is that which was questionable in the former namely whether to teach and to preach be the visiters worke at the visitation and that being proved then by the former argument every visiter is tied to desire it and doe it in his owne person or by some other lawfully procured For quod quis legitime facit per alium idem est ac si faceret per se And I will now prove that the visiters duety so evidently out of the Canon law that no man shall doubt of it so my two last arguments out of the word of God shal stand good against al exception Lyndewode in the first booke of his Provinciall tit de officio Archidiaconi cap. 1. sets downe this canon made by Steven Langhton Arch-bishop of Cant. about 400. yeares since Vt Archidiaconi secundum Apostolum non quae sua sunt quaerant sed quae sunt Iesu Christi in sua visitatione provideant quod canon missae emendetur quod sacordotes rite noverint proferre verba canonis baptismatis quod in hac parte sanum habeant intellectum Doceant quoque laicos in qua forma baptizare debeant ut saltem hoc faciant aliquo idiomate This Canon binds the Archdeacon to teach the Clergy and Laity at his visitation and what must he teach them why hee must teach the Clergie how to pronounce the words of the canon of Masse and of Baptisme and the Laity how to baptise in some tongue and where were the Clergie and Laity to doe these things In their owne Parishes not at the visitation So that by this canon the Archdeacon is bound to teach the Clergie and Laity at the visitation how to doe their owne duties at home in their owne Parishes not how to doe his duty at the visitation And that all this is the Archdeacons duty it is evident by the title of the canon It is de officio Archidiaconi The text is plaine Lyndewodes glosse makes it plainer for upon these words ut sacerdotes in hac parte sanum habeant intellectum Lyndewode gives this glosse Sanum intellectum 1. fidelem intellectū sive Catholicum ex hoc apparet quod in Archidiacono requiritur Scripturarum scientia quomodo namque possit in aliis canonis missae verborum baptismatis sanuum intellectum exquirere nisi ipse prius eadem sano sapuerit intellectu Nam non convenit talem aliis praefici in magistrum Good my Lord marke this non convenit talem aliis praefici in magistrum qui nondum se noverit esse discipulum By which words it is evident that the Archdeacon is made a teacher an instructer a Doctor to the incumbents and they Disciples Schollers and hearers unto him and therefore he is ex debito ex officio to teach and to Preach unto them at his visitation and not they unto him From the provinciall constitutions of our Archbishops of Cant. I proceed to the Legantine constitutions of this Kingdome amongst them I finde this canon or constitution made by Otho the Popes legate tit de septem sacram c. Sacram. Ecclesiast parag statuimus Statuimus quod in susceptione curae animarum ordinis sacerdotii examinentur de sacramentis praecipue ordinandi Archidiaconi quoque in singulis Decanatuum suorum conventibus sacerdotes in his studeant erudire docentes eos qualiter circa baptismum eucharistiam matrimonium paenitentiam se habere debeant This canon likewise bindes the Archdeacons at their visitation to teach the incumbents how to carry themselves in administring the Sacraments which are to bee administred by them in their owne Parishes to their owne people and not at the visitation to strangers So that by this canon also the
twenty nine chapter of Magna Charta most fully and strongly confirmed 3. Caroli by the Kings Majesty in his answer to the Commons Petition of right in these wordes let right be done as is desired according to that twenty nine chapter of Magna Charta Now what saith that twenty nine Chapter of Magna Charta No freeman saith that chapter shal be taken or imprisoned or be disseised of his freehold or liberties or free customes or be outlawed or exiled or any otherwise destroyed neither will we passe upon him nor condemne him saith the King but by the lawfull iudgement of his Peeres or by the law of the land That is under your Lordships the Courts correction whose office it is to interpret statutes unlesse that party be first convicted found culpable of the breach of some law of this land by a legall proceeding either at the common law or else in some other court and whosoever shall either condemne or punish any freeborne subject of this kingdome either for his obedience to the lawes of this land or for that which is no breach of any law of this land he doth violate that twenty nine chapter of Magna Charta and for that he stands excommunicate by a double excommunication the one deliver'd publikely here in Westminster Hall (f) Tempore Bonifacii Archie◠regnante tunc in Anglia H. 3. videlicet anno Dom. 1253. Id ibus Maii. inaula Westmon 15. Epis leguntur sententiam de qua hic sit mentio fulminasse Lyndew Prov. lib. 5. tit de sententia excom cap. cum malum Parag. Item excom verbis ab omnibus Daniell in the life of H. 3. 37. Henry 3. by Bonifacius then Archbishop of Cant. assisted with 14. other Bishops all in their pontificalls and tapers in their hands which after the excommunication denounced they threw upon the ground and as they lay there smoaking they cried so let all them that incurre this sentence be extinct and stincke in hell and all this was done in the presence of the Commons Nobles yea and of the King himselfe who at the same time with a loud voyce said as God me helpe I will as I am a man a Christian a Knight a King crowned and anointed inviolably observe all these things and the excommunication it selfe is set downe at the end of the statutes made 52. H. 3. in the booke of statutes at large put out by judge Rastall the other is extant in the same booke at the end of the statutes made 25. Edward 1. and uttered by Robert Winchelsee Arch-bishop of Canterbury in his time both against the violaters of this renowned law of Magna Charta often confirmed not onely by the following Kings the successours of Henry the third and Edward the first but also by the Pope him selfe as appeares out of the fift booke of Lyndewodes provinciall titulo de sententia excommunicationis cap. Cum Malum parag Item excommunicatj And besides the former confirmations and excommunications the authority of Magna Charta was made sacred and inviolable as it were 25. Edward 1. first by decreeing that that charter under the Kings seale should be sent unto all the Cathedrall Churches throughout the Realme there to remaine and to bee read before the people twice a yeare And secondly by enacting that that Charter should ever after be propugnated and vindicated by the sentence of excommunication to be denounced twice a yeare by all Archbishops and Bishops in their Cathedralls against all those that by word deede or counsell did doe contrary to the foresaid charter or that in any point did breake or undoe it and if the same Bishops or any of them should be remisse in the denuntiation of the said sentence that then the Archbishops of Cant. and Yorke for the time being should compell and distraine them to the execution of their duties in forme aforesaid as appeares by the 3. and 4. chap. 25. Ed. 1. And surely my Lord those two former solemne excommunications were those other continuall semiannuall excommunications might have beene hitherto and may hereafter bee rightly and justly denounced against the violaters of this 29. chap. of Magna Charta for this 29. chapter that no free man is to be punished but for the breach of some law is good Divinity accords excellently with the word of God The Apostle Rom. 4.15 telles us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the law causeth wrath that is punishment and how doth the Law cause wrath or punishment not simply singly of it selfe not observ'd but transgrest and therefore in the next words the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where there is no Law there is no transgression And as where there is no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no law there there cannot bee any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any transgression of Law so where there is no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no transgression of law there there cannot be any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any fault or offence and where there is no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no fault or offence there there ought not to be any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any wrath or punishment Nay my Lord though there be a law yet if that law be not transgrest there cannot justly be any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any wrath or punishment At most though there may bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proposita 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denuntiata wrath proposed or denounced in the Law to terrifie all persons from sinne which is nothing but the binding power of the Law yet justly there cannot be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 imposita 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inflicta wrath imposed or inflicted by the Judge upon any person to punish him for sinne untill the Law be transgrest and sinne committed by that person And this the Apostle Rom. 5.12 doth most acutely divinely shew by imputing the punishment partly to the Law and partly to the transgression of the law to the Law as to a just rule inflicting punishment upon the transgression to the transgression as to a meritorious cause deserving that punishment according to the just rule of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By sin which is the transgression of the law Death the wrath punishment of the law entred into the world So then my Lord this is most certainely and most undoubtedly true wheresoever there is any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any wrath or punishment any fining or imprisonment any deprivation degradation excommunication or any other censure sentence mulct or punishment whatsoever rightly and justly inflicted There there must of necessity of necessity my Lord there there must be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some fault or offence Wheresoever there is any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any fault or offence there there must of necessity of necessity my Lord there there must be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some transgression of Law Wheresoever there is any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any transgression of Law there there must of
the very Letter and text of some Commissions that I have seene have this power that they may punish a Minister for any fault committed in his owne cure or else where that is punishable by the Ecclesiasticall lawes of this land By which words my Lord it appeares that first there must bee some fault Secondly that that fault must be against some law Thirdly that it must bee against some Ecclesiasticall law of the land or else that Honorable Court by the very Letter and text of the largest commissions that I ever saw have no power to punish a Minister And though this their Commission my Lord doth much outstrip the first of the first of Eliz. the statute whereon it is grounded for that statute extends not to every fault punishable by the Ecclesiasticall lawes of this land for then it would swallow up all the ordinary jurisdictions over England but onely to greivous and enormous crimes punishable by the Ecclesiasticall lawes of the land as the Counsell on both sides in the speciall verdict betweene Allen and Nash have confest and the wordes of the statute as I before have shewed doe necessarily enforce Yet in this case of mine to shew mine owne innocency and the goodnesse of my cause not to make a precedent in other mens cases I will give the defendants free leave and liberty to exceed both the statute and their Commission I will not coope them up and confine them within the lists and limits of the Ecclesiasticall lawes as the most indulgent and munificent Commissions that ever I saw doe yea and must doe unlesse they will make their Commission as well Temporall as Ecclesiasticall no my Lord I will not require an Ecclesiasticall law let them produce an law canon civill common statute or divine nay my Lord I will once againe deale more Nobly and generously more heroically and munificently with that Honorable court with those Augustins Hieromes Gregories Ambroses with those Nazianzens Chrysostomes Origens Basils with those reverend right reverend most reverend Prelates and Patriarchs of our church I will not require a whole law noe not a full period of a law Let them onely produce some colon nay some comma of law onely nay my Lord I will once againe deale more Nobly and generously more heroically and munificently with that Honorable court I will not require a whole colon no nor a whole comma of law neither that were too too an Herculean labour for that Honorable Court for those Canonists Civilians and Divines for those commissaries chancellours Arch-deacons Deanes Bishops Arch-bishops let them onely produce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some shaving some scraping some paring some shred peece particle or fragment of Law nay let them onely produce 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unum unum apicem one jot one apex one tittle one pricke or point of law of any law my Lord and I doe most willingly and most instantly submit And now my Lord as the defendants doe pretend a fault so likewise they doe pretend a law the pretended fault is my refusall to Preach the Archdeacons Visitation Sermon the pretended law is the Law of Canonicall obedience They say that my refusall to preach the Arch-deacons visitation sermon at the Arch-deacons command is a breach of Canonicall obedience And now my Lord we are come to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad statum causae ad caput controversiae for this Canonicall obedience is the whole and sole ground and foundation and supportation of the whole sentence against mee and it cannot be understood and determined whether my refusall to preach the visitation sermon be a breach of canonicall obedience or not unlesse it be first knowne and understood what this Canonicall obedience is so that in the first place my Lord there is a necessity imposed upon mee breiflly to present unto your Lordship what this Canonicall obedience is The high Commissioners in the first part of their finall sentence as it was given in their owne Court make Law custome and Canonicall obedience three different and distinct thinges For therein they say that the Archdeacon in injoyning Huntley to preach his visitation sermon hath commanded him no more than the said Huntley was bound to doe by law custome and by his Canonicall obedience and herein by making Canonicall obedience a third and distinct thing from law and custome they shew that they onely use the name of Canonicall obedience but intend arbitrary or blind obedience that is a generall and universall obedience to all the Arch-deacons commandes though they swarve both from law custome whereby they make every Arch-deacon Bishop and Arch-bishop a law-maker within his owne jurisdiction and every of their commands binding and compulsive though fortified neither by law nor Custome But your Lordship as it seemes not content herewith steps a degree further and makes Canonicall obedience not onely a third and distinct thing from law and custome but also a thing opposite and contrary to law and custome for termino trinitatis 1637. when when your Lordship delivered your opinion in the speciall verdict betweene Allen and Nash your Lordship said that if the Arch-deacon did owe me an 100. pounds by bond he might by vertue of my Canonicall obedience command mee to deliver up that bond the money not being yet paid Or he might command me by vertue of my Canonicall obedience to send him a yoke of fat oxen a couple of good Coach-horses or a score of fat weathers which I am sure is not onely beyond but contrary to law and custome and more than either his Majesty or any of his royall predecessours did ever chalenge of any freeborne subject either by the oath of allegiance or oath of supremacy whether your Lordship have altered this your opinion or no I know not the high Commissioners I suppose have altered theirs For certaine it is that the former wordes of the first part of their first finall sentence as it was given in their owne Court are altered in the defendants plea wherein they make Canonicall obedience not a third and distinct thing from law and custome as before but a subordinate relative and a proportionable thing to law and custome by changing these their former wordes law custome and his canonicall obedience into these law and custome according to his Canonicall obedience And this alteration as I suppose proceeded from the acute and polite wit of you Master Justice Heath at that time the Kings Attourney Generall and Commissioners counsell who seeing that the Commissioners by the former wordes did make canonicall obedience a third and distinct thing from law and custome that thereby they did under the name of canonicall obedience chalenge arbitrary and blind obedience to and for every Arch-deacon Bishop and Arch-bishop that thereby they made themselves all lawmakers within their severall jurisdictions and that so at once by two wordes they gave two deadly woundes one to his Majesties supreame jurisdiction who under God is the onely lawmaker within this land
of the Canon Law writes thus Si quid de quocunque clerico ad aures tuas pervenerit quod te juste possit offendere facile non credas nec ad vindictam te res accendat incognita sed praesentibus Ecclesiae tuae senioribus diligenter est perscrutanda veritas tunc si qualitas rei poposcerit canonica districtio culpam feriat delinquentis Let a Canonicall punishment bee inflicted upon the offender for his offence now what 's this canonica districtio or canonica paena The most learned Bishop Bilson in that excellent treatise of his De perpetua Christi Ecclesiae gubernatione 11. cap. interpreting the former words of Gregory doth in these very words shew paena canonica 1. paena canonibus congruens A canonicall punishment that is a punishment agreeable to the Canons and so doth William Lyndewode in the 5. booke of his Provinciall tit de Paenis Cap. Evenit verbo Canonicas paena canonica id est paena a sacris canonibus approbata A canonicall punishment that is a punishment approved by the Canons and (k) Iohanes de vanquall in Breviario in sextum Decretalium fol 43. tit de supplenda praelatorum negligentia ultima conelusio Episcopum excommunicatum pro culpa sua punire potest Archiepiscopus paena canomica et arbitraria Probatur hic in fine tex glo fi et facit c. de causis de offi deleg si dicatur puniri debet paena arbitraria tum non canonica quia paena canonica dicitur quae est in canone iure expressa ut in l. siqua paena ff de verbo sig solutio Dicit Io. Mo. Archid. quod paena expressa de terminata a Canonibus proprie dicitur canonica ut in dict lo. Siqua paena Illa tamen quae non est expressa determinata a canone datur tamen secundum moderationem canonum qualitate personae quantitate culpae consideratis dicitur proprie completive arbitraria eo quod iudex sua discretione supplet quod in canone non est expressum potest tamen talis paena dici canonica saltem inceptive quia per canones dirigitur iudex in moderatione Iohanes de vanquall Iohanes Molanus and Archidiaconus do all make this the difference betweene a canonicall and an arbitrary punishment that the one is expressed in the Canons the other is not but left to the discretion of the Prelate Paena Canonica dicitur quae in Canone jure est expressa determinata illa autem quae non est expressa determinata a canone est arbitraria Now to recollect the force and strength or this argument If canonicall houres bee so called because they are assigned deputed and appointed by the canons as in the judgement of Brentius Bellarmine and Petro Soave Polano they are and againe if a canonicall punishment bee such a punishment as is agreeable to the Canons such a punishment as is approved of the canons such a punishment as is expressed and determined in the Canons and if not expressed and determined in the Canons not a canonicall but an arbitrary punishment in the judgement of Bishop Bilson William Lyndewode Iohanes de vanquall Iohones Molanus and Archidiaconus Then by the same analogie canonicall obedience must bee such obedience as is assigned deputed and appointed by the canons such obedience as agreeable to the canons such obedience as is approved by the canons such obedience as is expressed and determined in the Canons otherwise it is not canonicall but arbitrary obedience and this is my second reason which being drawne from the joynt consent of learned men ought to be of great authority according to this former rule of Vincentius Lerinensis quod ab omnibus quod ubique quod semper tenetur illud pro certissima veritate habendum tenendum est My third reason my Lord Ratio 3. strikes the naile on the head and drives it home it is the very definition of canonicall obedience delivered by William Lyndewode in the first booke of his Provinciall tit de maioritate et obedientia cap. Presbyteri verbis in virtute obedientiae where he doth in the former words terminis terminantibus define canonicall obedience thus (l) Nota circa hanc materiam obedientiae quod obedientia quae homini debetur ab homine est debita minoris ad maiorem reverentia Vnde si mandatur id quod iustum est obediendum est si in iustum nequaquam si dubium tunc illud propter bonum obedientiae est explendum Lyndewode Prov. 1. lib. tit de Constitutionibus cap. Quia incontinentiae ver obedientiae Canonica obedientia est obedientia secundum canones constitutiones rite editas et publicatas canonicall obedience is such obedience as the canons and constitutions rightly made and published doe require Now this mans testimony and authority ought to bee of great esteeme for divers reasons first because he is the only glossator commentator upon the provinciall constitutions of our Archbishops of of Cant. Secondly because he was Doctor of both lawes and singulerly verst both in Church governement and in deciding of controversies and the efâ—re doubtelesse did well understand what this canonicall obedience was and unicuique in sua arte perito credendum especially if he be not Judge in his owne case as the Defendants against mee are Thirdly because hee was officiall to Henry Chichley Archbishop of Cant. to whom he did dedicate his provinciall and therefore in all likely hood he would not write any thing therein in the behalfe of the Rectors and Uicars of this kingdome to the prejudice of the Episcopall or Archiepiscopall authority or Sea of Cant. Lastly because he lived about 200. yeares since and was long dead before this controversie was on foote although this * It began at the Archdeacons Visitation Octob. 1624. and continued at his Uisitations Aprill 1625. and 26. and the last day of that Aprill 1626. Articles were exhibited in the High Commission against me and the 19. of Aprill 1627. I was by the Commissioners committed to prison and there continued two yeares and then being delivered on the 29. of Aprill 1629. I did that Tearme begin an Action in the Kings Bench Court against the Commissioners which this 24th day of March 1641. hath depended 12. yeares three quarters hath beene on foot full 16. yeares which is a larger portion of time than the tearme of two mens lives is valued at by the common law and and therefore certainely hee wrote the truth without all respect of persons without prejudice or partiality on either side and for these reasons his definition of canonical obedience standes good against all exception Besides that Canonicall obedience is such obedience as the canons require appeares by the opposite member of the division for the obedience now used in the Church of Rome is either canonicall that is such as the canons require and the Prelate by vertue
obedience onely that is with such obedience as the canons require For as Bishop Bilson in his forcited treatise de perpetua Christi Ecclesiae gubernatione saith In our Church metropolitani dâ—aecesani scriptis in quaque re legibus diriguntur and againe in our Church minime sibi sumunt diaecesani ut diaecesibus suis leges constituant quod tamen presbyteriis vestris in qualibet paraecia licere contenditis He speaks against the Presbyterians sed ut quas pii principes concilia rite celebrata decreverius executioni mandari faciant And thereupon afterwards he calls the Bishops of our Church in their severall jurisdictions custodes non conditores canorum which wordes of his doe fully approve of canonicall obedience and utterly exclude all arbitrary and blind obedience out of our Church And so my Lord by the definition both of canonicall and arbitrary obedience it appeares that Canonicall obedience is such obedience as the canons require and if if it exceed the Canons never so little it is no longer Canonicall but arbitrary My fourth reason to prove that canonical obedience is such obedience as the canons require is in my apprehension of more strength and force than the three former and it is taken from the 19. and 21. chap. of 25. of Henry 8. which acts doe so limit and confine the Clergy of this land unto the canons either made by a provinciall synode in this land and confirmed by his Majesties letters patents out of his prerogative royall or else made beyond sea and received here for lawes of this land by the Kings sufferance and the subjects free consent and usage that none of the Clergy in their severall jurisdictions can goe beyond those canons without incroaching upon the supreme Ecclesiasticall jurisdiction of the Crowne and therefore the Canonicall obedience approved and required in our Church by the oath of canonicall obedience must of necessity be such obedience as those canons require because the superiour clergy cannot out of command require more nor the inferiour clergy out of obedience yeild more without prejudice to the Kings supreme Ecclesiasticall jurisdiction This will appeare most evidently by the first of the first of Eliz. by the 19. and 21. chap. of the 25. of Henry 8. and by the oath of supremacy The first of the 1. of Elizabeth is an act to restore unto the crowne the ancient jurisdiction over the state Ecclesiasticall and Spirituall then the crowne hath a jurisdiction and an ancient jurisdiction over the state Ecclesiastical And as the first of the first of Eliz. doth shew that the crowne hath an ancient jurisdiction over the state Ecclesiasticall so the 19. and 21. chap. of the 25. of Henry 8. both revived in the first of the first of Elizabeth as parts of that ancient jurisdiction of the crowne over the state Ecclesiasticall doe shew how farre that ancient jurisdiction of the crowne doth extend over the state Ecclesiasticall and they doe extend it over the whole clergy and submit the whole clergy unto it in these two points or respects First concerning canons made beyond sea and then concerning canons made in this land Concerning canons made beyond sea they so farre submit the whole Clergy unto the prerogative royall and supreme jurisdiction of the Crowne that none of the clergy in their severall jurisdictions can execute or put in use any such forreine canons untill those forreine canons are first received heere for lawes of this land by the Kings sufferance and the Subjects free consent and custome Secondly among the canons in this land formerly made they abrogate all such canons as are contrary either to the supreme jurisdiction of the Crowne or to the statutes customes or common lawes of this land and approve and establish all the rest untill they be otherwayes ordered and determined by the 32. persons there mentioned and then concerning canons hereafter to be made in this land they submit the whole clergy unto the supreme jurisdiction of the crowne in these foure particulers The first particuler is that the Clergy cannot make any canons in their severall jurisdictions but onely when they meete in a provinciall synode The second particuler is that they cannot meete in a provinciall synode untill they be first call'd thither by the Kings writ The third particuler is when the clergy are so met being so call'd and have made canons that they cannot execute or put in use nay they cannot promulge or publish any one of these canons untill those canons are first confirmed by his Majesties letters patents out of his supreme Ecclesiasticall jurisdiction And the fourth perticular is that so farre they may goe further they cannot And then in the third place comes the oath of supremacy and that binds every Bishop every judge every Clergie-man and every other person that hath taken that oath to defend and maintaine all those foresaid particulers of the prerogative royall of the crowne over the whole Clergy For the last clause of that oath bindes every one that takes it (a) The words of the oath are to his power but they are so interpreted by the right Honorable Thomas Earle of Arundell and Surrey Earle Marshall of England and Generall of his Maiesties forces in his treatise stiled Lawes and Ordinances of warre pag 26. where he expounds the former wordes by these even to the utmost of my power and hazard of my life to the utmost of his power to defend and maintaine all jurisdictions priviledges preheminences and authorities united or annexed to the imperiall Crowne of this realme So that if any of them shall extend canonicall obedience or the oath of canonicall obedience or the archidiaconall Episcopall or Archiepiscopall jurisdiction by vertue of canonicall obedience or of the oath of canonicall obedience beyond those canons he doth incroach upon the prerogative royall of the crowne withdraw his submission from his Maiesty presume to make canons within his owne jurisdiction violate the oath of supremacy transgresse the first of the first of Elizabeth and the 19. of the 25. of Henry 8. and is therefore by that statute liable to be fined and imprison'd at the Kings pleasure And so my Lord I have by foure reasons proved that the canonicall obedience in force in our church is such obedience as the canons in force in our church doe require and that all arbitrary and blind obedience is quite excluded as a thing utterly repugnant to the word of God to the doctrine and discipline of their orthodox church to the supreme jurisdiction of the crowne and to the ancient and just libertie and freedome of every free-borne Subject And now my Lord by one syllogisme grounded upon this canonicall obedience I will acquit my selfe and all other incumbents from preaching the visitation Sermon and shew that every visiter every Arch-deacon Bishop and Arch-bishop is bound to preach his owne visitation Sermon and both these by vertue of canonicall obedience so that these two wordes which the defendants have
abused to acquit themselves and condemne me being rightly understood shall condemne them and acquit me and this is the syllogisme (b) Iudge Dodridge in his English lawyer saith although the common lawyers of this land do use a continued speech non concisis argumentis yet do they observe very oft the formes of arguments used in the schooles as â—yllogismes enthimems inductions examples sorites dilemmata c. as may be proved by sundry instances and first of syllogismes in Shellies case In Calvins case Canonicall obedience is such obedience as the canons require But the canons bind every visiter every Arch-deacon Bishop and Arch-bishop to preach his owne visitation Sermon licensed preachers to preach at their owne cures onely and forbid me and such as I am that are not licensed preachers to preach and expound any Scripture in our owne cures or elsewhere Ergo by canonicall obedience every visiter every Arch-deacon Bishop and Arch bishop c. The Major or first proposition that canonicall obedience is such obedience as the canons require hath formerly beene proved by foure reasons and therefore that cannot justly be denied untill those foure reasons are first answered and confuted and it is contrary to the rule of Logick yea and of law too to deny the conclusion before the premisses are confuted so that all the question is concerning the Minor That hath three parts Thesis 4 the first is the canons binde every visiter every Archdeacon Bishop and Archbishop to preach his owne visitation Sermon Thesis 5 The second is the canons bind licensed Preachers to preach at their owne cures onely Thesis 6 The third is the canons forbid me and all such as I am that are not licensed Preachers to preach or expound any Scripture in our owne cures or elsewhere And these three being prov'd it will bee evident that every visiter and hee onely and that by canonicall obedience is bound to preach his owne visitation Sermon and I will now prove these three in order one after another beginning at the first That that the canons bind every visiter every Archdeacon Bishop and Archbishop to preach his owne visitation Sermon Thesis pro ∣ batio 4 Amongst the Canons the word of God hath the prime place for that is canon Canonum lex legum regula regularum and that yeelds us three arguments to prove that every visiter every Archdeacon Bishop and Archbishop is bound to preach his owne visitation Sermon Argument 1 My first Argument is taken out of the first Epistle of Saint Peter 5. chap. 2. verse where Saint Peter chargeth all his compresbyters to feede every one his owne flocke Feede saith hee the flocke of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is amongst you which is committed unto you or which dependeth on you that is as Saint Paul expounds it Acts 20.28 whereof the holy Ghost hath made you overseers whence I thus argue Every flocke is to be fed ex officio ex debito by that pastor to whose charge it is committed But the incumbents curates Churchwardes Sidemen and the rest by the visiters authority assembled at the visiters visitation are there committed to the visiters charge and not to any of the incumbents charge there present Ergo. They are there to be fed ex officio ex debito by the visiter and not by any of the incumbents there present The Major or first proposition that every flocke is to be fed ex officio ex debito by that pastor to whose charge it is committed is the plaine evident and expresse word of God in the places before alleadged and therefore that cannot be denied without manifest injurie and violence to the Word of God in the places before alleaged The Minor or second proposition that the Incumbents Curats Churchwardens Sidemen and the rest by the visiters authority assembled at the visiters visitation are there committed to the visiters charge and not to any of the incumbents charge there present is likewise evident for the visiter calls them thither if they come not he punisheth them if they come hee examines them if they depart before he dismisseth them he cites them againe And the visiter if he be a (c) Lyndewode Provinc l. 4. tit de claudestina desponsatione cap. Humana concupiscentia verbo diaecesanorum qui cum habeant curam in solidum per totam diocesin possunt licentiam de quâ— sequitur concedere vbique per totam diaecesin Pr. lib. 5 tit de Haereticis cap. Reverendissime v. Diaecesano Paulus dicit quod epus loci vel superior praelatus sacerdodotis maiorem gerit curam in ecclesia quam curatus allegat ad hoc de pae re c. si epus l. 6. vide Pr. lib. 5. tit de pae re c. In confessione verb. Non recipiantur Bishop is nector totius Diaecesis and hath curam animarum over them whom he visits And if he be an Archdeacon then he is oculus Episcopi to observe them manus E piscpi to governe them to reward and punish them lingua Episcopi to instruct and teach them and vicarius Episcopi to doe them all for the Bishop for vicarius tenetur implere vicem eius cuius est vicarius and he likewise under the Bishop hath curam animarum over them whom he doth visite as these texs of law shew Decretal lib. 1. tit 6. de electione Cap. 7. Inferiora etiam ministeria ut puta decanatum Archidiaconatum alia quae curam animarum habent annexam And upon these words the glosse notes Et est verum quod Archidiaconus qui habet inquirere visitare parochiam suam curam habet animarum And againe eodem lib. tit 23. de officio Archidiaconi Cap. 1. Vt Archidiaconus post Episcopum sciat se vicarium esse eius in omnibus omnem curam in clero tam in urbe positorum quam eorum qui per parochias habitare noscuntur ad se pertinere sive de eorum conversatione sive honore restauratione ecclesiarum sive doctrina Ecclesiasticorum vel caeterarum rerum studio delinquentium rationem coram Deo redditurus est And againe Cap. 7. cum super his i.e. super clericis ecclesiis eorum sit redditurus rationem in districti examinis iudicio and so both propositions are prov'd and therefore the conclusion following directly upon the premisses must needes bee true Argument 2 My second argument is taken out of the 10 Chapter of Saint Lukes Gospell 7. vers From these wordes of our Saviour The labourer is worthy of his hire which is true â— converso He that hath the hire is bound to performe the labour and the canon law doth approve of the rule both wayes Qui sentit onus debet sentire commodum qui sentit commodum debet seutire onus inter regulas iuris regula 55. Now the labour of the visitation is to correct and preach else why am I fin'd imprison'd depriv'd degraded and
Archdeacons are bound at their visitation to teach the incumbents how to doe their owne duties at home in their owne cures not how to doe the Archdeacons dutie at the visitation And which is especially to be observed in this canon the Archdeacons are here bound to teach the incumbents in singulis decanatuum suorum conventibus at every meeting of the Deaneries at every visitation and therefore the incumbents are not bound to teach the Archdeacons or one another at any visitation Againe among Othos legantine constitutions tit de Archidiaconis c. De Archi. quoque par sint solliciti I find this canon or constitution Sint solliciti Archidiaconi frequenter interesse capitulis per singulos decanatas In quibus diligenter instruant inter alia sacerdotes ut bene vivant ut sciant sane intelligant verba canonis baptismatis This Canon also bindes the Archdeacons at their visitation to teach the incumbents and that frequently carefully and diligently both how to leade their lives and how to discharge their cures And Iohanes de Athona in his glosse shewes as much withall shewes how the Archdeacons did then neglect that duty and why even because it brought no profit with it These are his very words upon the last text Hic textus requiquirit sollicitudinem diligentiam in Archidiaconis Haec tamen constitutio perraro ab Archidiaconis servatur quia lucrum pecuniarium eis inde non applicatur And this is also the reason my Lord that our Archdeacons Bishops Archbishops violate these constitutions which bindes them to preach their owne visitation Sermons and inforce that duty upon the incumbents because it is for their profit and ease so to doe But if either profit or ease my Lord would have prevailed with the Archdeacon this controversie concerning Preaching the visitation Sermon had never beene betweene him and me for in his plea the fourth Article hee confesseth that I offered him two or three peeces that is by his owne interpretation forty shilling or three pounds to procure one to preach the visitation Sermon so that if he would have Preached that Sermon himselfe he might have had a rich reward for his owne paines in doing his owne worke or if he would not he might with part of the reward have procured another to have preached it so he might have had both profit and ease But his spleene against me was so great that hee would not accept of either but preferred a most unjust warre before a most just peace and so quod pessimorum est ingeniorum hee hath rewarded me evill for good and hatred for my good will From the provinciall and legantine constitutions of this Kingdome which are as it were an epitome or breviat of the whole body of rhe canon law I proceed to the body of the canon law it selfe and there in the Decretals 3. booke 39. tit de Censibus c. cap. 23. parag porro I find this canon or constitution Porro visitationis officium exercentes non quaerant quae suae sunt sed quae sunt Jesu Christi praedicationi exhortationi correctioni reformationi vacando ut fructum referant qui non perit The first thing my Lord to be inquired into in this canon is who these visitationis officium exercentes are The former part of the canon shewes that they are Arch-deacons Bishops and Arch-bishops what are they to doe at the visitation non quaerant quae sua sunt sed quae sunt Jesu Christi They must not seeke for their owne thinges that is for procurations but for the thinges of Jesus Christ that is for the salvation of their soules whom they visite How is that to be done Praedicationi exhortationi correctioni reformationi vacando By imploying themselves in preaching and exhorting there 's the first thing By imploying themselves in correcting reforming there is the second thing Where must these thinges be done In visitationis officium exercendo at the visitation By whom a visitationis officium exercentibus By them that keep the visitation who are they Arch-deacons Bishops Arch-bishops who is now my Lord to preach the visitation sermon The visiter or the visited And here my Lord I doe how make good my two last arguments out of the word of God wherein there was nothing doubtfull but onely these two thinges whether to visite were to preach and to correct and both they the visiters worke at the visitation and both these appeare out of this text For here exercere visitationis officium est praedicationi exhortationi correctioni reformationi vacare To visite or keepe a visitation is to imploy ones selfe in preaching and exhorting in correcting and reforming So that when the canon law gives the visiter his procurations for visiting it gives him his procurations for preaching and correcting and when the Arch-deacons Bishops and Arch-bishops of this realme in their processe chalenge their procurations of us the incumbents for visiting us they chalenge their procurations of us for preaching unto us and for correcting of us and the reason hereof is quia visitare vel visitationis officium exercere nihil aliud est quam praedicationi exhortationi correctioni reformationi vacare Because to visite or keepe a visitation is nothing else but to imploy ones selfe in preaching and exhorting in correcting and reforming And therefore my Lord seeing without all question without all peradventure it is the visiters duety to visite and to visite is to preach and to correct therefore it is his duety to preach and correct as this text shewes and this much shall likewise appeare out of my next canon which is taken ex Sexti decretal lib. 3. tit 20. de censibus exactionibus procurationibus cap. 1. parag Sane The wordes are these Sane Archiepiscopus visitationis officium impensurus proposito verbo Dei quaerat de vita conversatione ministrantium in ecclesiis This canon my Lord just as the former did doth shew what it is impendere visitationis officium it is proponere verbum Dei quaerere de vita ministrantium in ecclesiis To preach the word of God and to examine the lives of the Church ministers And both these as this canon shews must be done by the visiter yea by the cheife ecclesiasticall visiter by the Arch-bishop himselfe at his visitation Archiepiscopus visitationis officium impensurus proposito verbo Dei quaerat de vita conversatione ministrantium in ecclesiis Vives makes this one difference my Lord lib. de causis corruptarum artium betweene a base wit and an ingenuous minde that the one will strive for victory in a knowne error the other will rather seeke how true that is which he holds than how he may defend it and make greater price of verity than of victory And hereupon my Lord I hold my selfe bound in conscience to acquaint your Lordship with the onely exception that the advocates for the office have made
to the Commentators and glossators upon the text And in the first place I produce these three Iohanes Andreas in apparatu suo super sextum decretalium Helias Regnier in his casus literales notabilia super sextum decretal And the third is anonymus quidam the title of whose worke is casus longi super sextum decretalium compilati in alma unversitate Pictavensi and I joyne these three together because they write upon the same text and use the very same words upon the text The text they write upon is the text last cited ex sexti decretal lib. 3. tit 20. de censibus exact procurat cap. 1. cap. Romana parag Sane Sane archiepiscopus visitationis officium impensurus proposito verbo dei quaerat de vita conversatione ministrantium in ecclesiis And upon this text they all give this glosse in these very wordes Hic quaeritur quid primo debet facere Archiepiscopus visitans Respondetur quod primo debet praedicare verbum dei deinde debet inquirere de vita moribus habitantium ibidem videl clericorum laicorum and it seemes that Johanes Andreas was the first authour of those wordes and that the other two and the glosse in the last and best edition of the body of the canon law put out by Gregory the thirteenth borrowed them from him For I finde them in the glosse of that edition but in the glosses of former editions I finde them not But howsoever that prove this is certaine that this their glosse is uncontradicted by any that ever I saw and I have seene as many as I could upon a diligent search finde in Pauls Church-yard Duck-lane and some other by-corners My fourth authour is Johanes de vanquall Coloniensis Doctor utriusque juris in his Breviary on the sixt book of the Decretals in his conclusions upon the text last cited conclusione 2. where he thus writes Spectat ad officium visitatoris primo discutere statum clericorum qualiter baptismum alia sacramenta administrent qualiter se habeant in ecclesia vita Et si omnia recte inveniat deo gratias agat sin autem aliter inveniat ignaros instruat haec nocte qua venit expediat sequenti die de mane plebi vocatae debet praedicare verbum dei docendo fidem and quod mortalia vitent se continue in bonis operibus exerceant This glosse is agreeable to the former text and binds the visiter ex debito ex officio to preach at his visitation and there to teach both Clergy and laity My fift man is Cardinall Hostiensis in the third booke of his summe tit de Censibus exactionibus procurat Expounding the text last mentioned His wordes are these Archiepiscopus in secunda visitaione illos visitet qui in prima non fueriut visitati imprimis verbo dei proposito quaerat de vita conversatione ministrantium Praecipit autem dominus noster universis episcopis aliisque praelatis ordinario jure exceptis religiosis visitantibus ut hanc formam studeant observare ut omnia haec leguntur in authentica Domini In which words my Lord this is very observable that Hostiensis saith it is expresly set downe in the very text of the canon law even in the Popes authenticke Epistle that every Arch-deacon Bishop and Arch-bishop is first to preach his owne visitation sermon and then to correct and reforme the parties visited And if this much be expresly set downe in the very text what need we any more glosses to prove that which is cleere and evident in the very text and if any glosse shall contradict a plaine text we may lawfully reject it and conclude that it is mala glossa quia corrumpit textum Now upon the other text before alleaged out of the Decretals lib. 3. tit 39. De censibus exactionibus procurationibus cap. 23. parag Porro The wordes whereof are these Porro visitationis officium exercentes non quaerant quae sua sunt sed quae sunt Jesu Christi praedicationi exhortationi correctioni reformationi vacando ut fructum referant qui non perit I produce these three glossators Petrus de Anchorano Cardinall Zabarell and Abbot Panormitan Petrus de Anchorano upon the former text sayes Praelati tunc sunt procurandi cum personaliter visitant Et debent tunc consilium Lateranense servare praedicationi exhortationi reformationi vacare Cardinall Zabarell upon the same text gives us this glosse Octavo nota quod debet visitans instare praedicationi exhortationi correctioni quid a clericis exquirere debeat quid eos docere traditur in decretis causa decima quaestione prima cap. placuit Abbot Panormitan upon the former wordes sayes visitator debet praedicare ex munere and he further adds Quid debeat facere praelatus tempore visitationis vide bonum textum in decretis causa decima quaestione prima cap. placuit There are two thinges my Lord in these three glossâ—tors to be observed The first is that they doe expresly affirme that it is the visiters duety to preach his owne visitation sermon The other is that for fuller information in that point they doe referre us to two canons The first is the tenth canon of the second Lateran Councell mentioned by Petrus de Anchorano The other is the first canon of the second (f) Brachara metropolis in provincia Gallaeciae The city Braga or Bracha in Portugall ex Binnio Bracharen Councell conteined in the decrees the tenth cause the first question the Chapter Placuit mentioned by Zabarell and Panormitan And these two canons lay a greater burden upon the visiter than to preach his owne visitation sermon at the publicke meeting of the deaneries or at a generall chapter and visitation of many parishes For the first canon of the second Bracharen Councell contained in the chapter placuit binds every Bishop to goe over his whole diocesse parochiatim and in every parish to teach both clergy and laity The clergy how to doe their owne dueties in their owne Churches and the laity how to understand the Articles of the Christian faith and how to lead a godly life and then that canon concludes Et sic postea Episcopus de illa ecclesia proficiscatur ad aliam And if any Bishop eitheir through multitude of businesse or bodily sicknesse or want of knowledge or through other occasions cannot in his owne person preach the word of God Parochiatim through his whole diaecesse Then the other canon the tenth canon of the second Lateran Councell binds him assumere viros idoneos potentes opere sermone qui plebes sibi commissas vice ipsius cum ipse per se idem nequeat sollicite visitantes verbo aedificent exemplo To take unto himselfe able men powerfull in deed and word who carefully visiting the people committed to him may in his steed when he himselfe cannot edifie them by word and example And it
ties the Bishop to give them competent allowance Quibus ipse cum indiguerint congrue necessaria ministret and it shewes that the Bishop is bound so to doe by the law of naturall equity because they are his coadintors cooperators non solumin praedicationis officio verum etiam in audiendis confessonibus panitentiis iniungendis ac caeteris peragendis quae ad salutem pertinent animarum and it concludes si quis hoc neglexerit adimplere districtae subiaceat ultioni If any Bishop shall not preach the word heare confessiones injoyne penance Parochiatim through his whole diaecesse either in his owne person or else substitute others under him to doe so for him and give them a good allowance for it he is severely to be punished And thus my Lord whereas our Archdeacons Bishops and Archbishops make it the incumbents duty out of canonicall obedience to Preach the visiters visitation Sermon I have proved that canonicall obedience is such obedience as the canons require and that the canons bind every visiter every Archdeacon Bishop and Archbishop to preach his owne visitation Sermon at the publicke meeting of the Deaneries also in his owne person or by deputies to preach parochiatim in every incumbents cure through his whole Diocesse and I will now conclude this first particular with the repetition of the first part of my former syllogisme Canonicall obedience is such obedience as the canons require But the Canons binde every visiter every Archdeacon Bishop and Archbishop to Preach his owne visitation Sermon Ergo. By Canonicall obedience every visiter every Archdeacon Bishop and Archbishop is bound to preach his owne visitation Sermon Thesis Pro ∣ batio 5 6 I now proceede to my other two particulars That the Canons bind licensed Preachers to preach at their owne cures only and forbid me and such as I am that are not licensed preachers to preach or expound any Scripture in our owne cures or else where And for brevities sake I will handle them both together and so vna fidelia duos parietes de albare And in the first place my Lord I must put a difference betweene the auntient and moderne canons The auntient canons gave power to every Presbyter that had cure of soules to preach the word and to doe all other offices of his calling in his owne cure In the fift booke of Lyndewodes Provinciall tit de Haereticis cap. Reverendissime Thomas Arundell Archbishop of Cant. speakes thus Curatum perpetuum missum intelligimus a jure ad locum populum curae suae We understand saith he that a perpetuall curate is sent by the Law to the place and people of his charge and who this perpetuall curate is Lyndewode in his glosse upon those words doth in these words shew Perpetuus curatus sicut Episcopus in sua Diaecesi rector vicarius in sua parochia quilibet perpetuo intitulatus ad beneficium cui imminet cura animarum So that then even by the Law it selfe every Rector and Uicar was a licensed Preaher in his owne cure as well as the Bishop was in his owne Diocesse and might doe all functions belonging to the office of a Presbyter in his owne Parish without any licence from the Bishop as well as the Bishop in his Diaecesse may doe all the Offices of a Bishop without any license from the Archbishop And to that purpose in the first booke of Lyndewodes Provinciall tit De officio Archipresbyteri cap. Ignorantia sacerdotum I finde this canon made by Iohn Peccan Archbish of Cant. Praecipimus ut quilibet sacerdos plebi praesidens quater in anno per se vel per alium dilucide exponat subditis suis articulos fidei decem mandata decalogi duo praecepta evangelij vid geminae charitatis septem opera miserecordiae septem peccata mortalia sua cum progenie septem virtutes principales ac septem gratiae sacramenta But our moderne canons our canons made in King Iames his raigne hath altered this point and permits not any incumbent to Preach or expound any Scripure no not in his owne cure untill hee be first made a Licensed Preacher so that our Church according to those canons hath two sorts of incumbents some that are licensed (g) Saint Chrysost on 1. Cor. 1.17 saith Evangelizare perpaucorum est baptizare autem cuiuslibet modo sungatur sacerdotio and a little after Siquidem presbyteris qui simpliciores sunt hoc manus tradimus ut baptizent verbum autem ut doceant non nisi sapientioribus hic sapientia labor quamobrens alibi inquit qui bene praesunt presbyteri duplici honore digni sunt maxime qui laborant in verbo Quilibet sacerdos cum ordine accipit potestatem consecrandi baptizandi praedicandi absolvendi ab omnibus peccatis sed interdicitur exercitium illius potestatis donec concedatur de licentia eius qui potest quare reservare non est non concedere potestatem absolvendi sed minuere potestatem Itaque non caute Sotus est loquutus Compendium Navarri de irregularitate cap. 28. pag. 337. tit De casibus reservatis preachers others that are not These licenses are onely granted either by one of the Vniversities or by a Bishop or an Archbishop He that is licensed by one of the Vniversities must be licensed under their Scale onely he that is licensed by a Bishop or any Archbishop must be licensed under their hand and Scale And at the time of his licensing the Bishop that licenceth him is to see him subscribe to the three Articles for the conformity of Religion extant in the 36. canon Otherwise the Bishop that licenseth him is to be suspended for a tweluemoneth by the 36. canon And such a license is qualification to hold two benefices by the 41. canon And he that is thus licensed is bound to preach in his owne cure once every Sunday only by the 45. canon He that is not thus licensed is no licensed preacher is forbidden to preach or expound any Scripture in his owne cure or elsewhere by the 36. 49. 52. Canon Now my Lord can the Archdeacon or any other Prelate by canonicall obedience command a licenced preacher to preach either twice a sunday in his owne cure or once in the weeke daies either in his owne cure or at the visitation or elsewhere He cannot by canonicall obedience which is such obedience as the canons require command him beyond the Canons If he doe he brings in uncanonicall praetercanonicall or ultracanonicall obedience the first part or kinde of Arbitrary or blinde obedience and therein he goes contrary to the nineteenth of the 25. of Hen. 8. which in submission to the Kings supreame Ecclesiasticall Jurisdiction limiteth the whole Clergie of this Land to the Canons of this land he incrocheth upon the royall prerogative of the Crowne hee withdrawes his submission from his Majestie he presumes to make Canons within his owne jurisdiction for that by the
former statute being convict therfore he is liable to be fin'd and imprison'd at the Kings pleasure And beside both he and they that obey him and they that assist him and they that pleade or argue for him and they that give sentence or judgement with him doe all violate the oath of supremacy for by that oath they are all bound to the utmost of their power to assist defend all jurisdictions of the Crowne and they to the utmost of their power doe overthrow and betray the auntient jurisdiction of the crowne over the state Ecclesiasticall But this is not my case my Lord for I am not a licenced Preacher neither was I when this controversie first began and the Defendants confesse so much in their plea the fift Article neither could I since procure a licence of them though I sued unto them twice for it and they both in their Articles and sentence extant in their plea confesse me to be sufficiently qualified for a licensed preacher And therefore I then was and am now forbidden to preach or expound any Scripture in mine owne cure or elsewhere by the 36. 49. and 52. canons Now these Canons my Lord were made by a provinciall Synod call'd together by the Kings writ and they were afterwards confirmed by his Majesties Letters Patents out of his prerogative royall His Majestie therein straightly chargeth all his loving subjects of both provinces to keepe and observe all those Canons in every point wherein they doe or may concerne every or any of them and hee doth likewise charge all Archbishops Bishops and all others that exercise any Ecclesiasticall authority within this Realme to see and procure that all within their jurisdictions doe observe and keepe them in the former manner So that his Majesty doth charge mee being no licensed preacher to keepe and observe the former canons which forbid me to preach in mine owne cure or elsewhere and doth likewise charge the Arch-deacon Bishop and Arch-bishop of Canterbury to see and procure that I doe observe them And to the intent that both clergy and laity may the better observe them his Majesty chargeth all incumbents to read them publickely in their owne Churches to their owne people once every yeere Now can the Arch-deacon or any other prelate by canonicall obedience command me to preach contrary to these canons No surely canonicall obedience is such obedience as the canons require but this is contrary to the canons and therefore is arbitrary obedience and the worst part or kind of Arbitrary obedience namely anticanonicall or contracanonicall obedience What then am I to doe in this case For this is my case my Lord am I to obey the (h) Contumax est qui bene intelligit Canones praecipientes contrarium tamen non vult eis obedire sed scienter contrafacit Vnde contumax idem est quod superbus iniuriosus repugnans contemnens sive in obediens secundum Ianuensium Lyndewode Prov. lib. 1. tit de Saera unctione Cap. cum sacri verb. contumaci See Bishop Whites Treatise of the Sabbath day pag. 99. 100. 101. 102. 103. concerning of Ecclesiasticall precepts and constitutions with the marnall notes canons his Majesties letters patents his royull prerogative a royall prerogative invested in the crowne by God himselfe acknowledged by article by statute by canon nay a royall prerogative which every one that hath taken the oath of supremacy as I have done is sworne to the utmost of his power to defend and mainetaine or am I to obey the Arch-deacons Apocryphall uncanonicall anticanonicall antidiplomaticall antiprerogative antisuprematicall postscript private letter or message contrary to all the former This question my Lord is as if a man should aske which is highest heaven or earth lightest day or night largest the circumference or center greatest the whole or a part And therefore at the very first hearing without any discourse at all even by the inbred light that is in it it may be resolved Yet seeing my adversaries do (i) But in particuler for that which first caused and now continues the losse of unity in the Churh of Christ as I make no doubt but that the pride of men is one cause so yet can I not think that pride is the adaequate and sole cause thereof But in part pride caused it pride on all sides Pride in some that would not at first nor will not since submit their private iudgements where with good conscience they may and ought and pride in others that would not first nor will yet mend manifest great and dangerous errours which withall good conscience they ought to doe But it is not Pride not to submit to knowne and grosse errours My Lords Grace of Cant. Archbishop Laud in his relation of the conference betweene his Grace and Master Fisher the Iesuite Parag. 38. Numb 24. wilfully oppose the evident truth of Gods word of the articles statutes canons of his Majesties letters patents royall prerogative and cath of supremacy which are as cleere in this my case and as easie to be discerned as the light of the sunne the heate of the fire the weight of the earth and the water of the Sea By your Lordships favour I will presume to adde light to the sunne heate to the fire weight to the earth and water to the sea and by some few texts of law endeavour to make that more cleere which is of it selfe most cleere Felinus de rescriptis cap. si quando gives this rule Subditi debent resistere praelato legem ignoranti instruendo eum multo magis legem violanti maxime vero legem conculcanti And if this rule be a good rule then the 36. 49. and 52. canons made by a provinciall synode for the lawfully authority of a Bishop over a Presbyter according to Gods word and the uniforme practise of the Christian Church for 1500. yeeres after Christ confirmed by his Majesties letters patents out of his prerogative royal are to be prefer'd before the Arch-deacons apocryphall uncanonicaIl anticanonicall antidiplomaticall antiprerogative antisuprematicall postscript private letter and message And then I have done well the Arch-deacon the defendants the Honourable Court of high Commission your Lordship this court the Barons of the Exchequer and the Lords of the counsell have all done ill Hostiensis gives this rule si quid praecipit praelatus quod canonicis obviat institutis non est obediendum sed resistendum 3. Lib. summae tit de maioritate obedientia Provinc lib. 2. tit de Appellat cap. In concilio Oxoniensi verbis statutum Huius statuti And if this rule be a good rule then c. Lyndewode gave this rule nihil potest statuere Episcopus contra canones nec inferior tollere legem superioris And if this rule be a good rule then c. * In consultationibus Martinus ab Aspilcueta Doctor Navarrus gives this rule Non est obediendum vni superiori cum superior eius contrarium praecipit And
themselves and in the very same net that they have joyntly laid for mee is their owne foote taken and I am deliver'd Hic est digitus Dei This is the Lords doing and it is wonderfull in my eyes And that all that heare mee may further behold the wonderfull worke of God being acquitted in this first particuler by vertue of Canonicall obedience I am likewise by vertue thereof acquitted in all the rest and that by the testimony of my very adversaries For the defendants themselves confesse that my refusall to preach the Archdeacons visitation Sermon is my principall or especiall fault and therefore by the force of comparison drawne from the adversaries owne estimate whatsoever else they charge mee with must needes be inferiour and accessory and then seeing the principall or especiall fault prooves no fault at all noe breach of any law whatsoever but a vertue and an eminent vertue even the vertue of canonicall obedience all the other being by the testimony of my adversaries which is the strongest proofe against them and for me lesser than that refusall they must needs be vertues and great vertues no faults or vices And yet once againe my Lord behold the wonderfull worke of God qui non tantum liberat innocentes sed etiam capit astutos in astutia sua By vertue of this first particuler I am not onely acquitted but the defendants themselves convicted and found culpable of a double crime First in that they bring into this Orthodox church arbitrary or * 2 Kings c. 6.18.19 ver Patemur sacerdotes non esse audiendos nisi docuerint iuxta legem Domini Canus lib. 3. c. ultimo Beleeve no every spirit but try the spirits whether they are of God 1 Iohn 4. Trie all things and hold fast that which is good 1 Thes 5. Bee not unwise but understand what the will of the Lord is Ephes 5. He that is spirituall discerneth all thinges 1 Cor. 2. you may have a thousand like both places and proofes that the faithfull looke and take heede they be not seduced And except you will excuse the people before God if you mislead them why should you barre them all triall and understanding whether they follow faith unto Salvation or withdraw themselves unto perdition when the blind leadeth the blind and they fall both into the pit of destruction is not he that followeth as sure to perish as he that leadeth Bishop Bilson in his difference betweene Christian subiection and unchristian rebellion 2 Part. pag. 261. blinde obedience and the worst part or kind thereof namely anticanonicall or contracanonicall obedience A thing preiudiciall to Gods glory repugnant to his word contrary to the doctrine and discipline of this Orthodox Church dangerous to the safety of all good Kings good Magistrates good men the introduction of tyranny and slavery and the subversion of all lawfull authority obedience and liberty and lastly the seminary noursery of vices the bane and ruine of vertues and one of the most damnable villanies and profound subtilties that ever Satan brought into the Church of Rome And therefore to be opposed and cried out against by every good man and Minister not onely though he should with me be fin'd imprison'd deprived degraded and excommunicated for it but also though it should be his loâ— to were a Tiburne tippet for it And secondly in that they have called the Canons the oath of canonicall obedience his Majesties letters patents his royall prerogative the first of the first of Elizabeth the 19. of 25. of Henry the eight the oath of supremacy the 37. Article of our Church and the word of God breaches of Canonicall obedience principall or especiall faults greivous and enormous crimes and have fin'd imprison'd deprived degraded and excommunicated a provinciall synode the high Court of Parliament this Orthodox Church of England and his Majesty for in calling my obedience to the former a breach of Canonicall obedience a principall or especiall fault a greivous and enormous crime they doe virtually by consequence and by necessary implication call all the former breaches of Canonicall obedience principall or especiall faults greivous and enormous crimes and in fining imprisoning depriving degrading and excommunicating mee for my obedience to the latter they doe virtually by consequence and by necessary implication fine imprison deprive degrade and excommunicate all the latter for requiring such obedience of mee For as Saint James in his Epist 4. cap. 11. vers saith Hee that speaketh evill of his brother or he that condemneth his brother speaketh evill of the law and condemneth the law which wordes of Saint James are absolutely unavoidable with this limitation he that speaketh evill of his brother or he that condemneth his brother walking according to the law he speaketh evill of the law or condemneth the law according to which his brother walketh and threfore seeing the defendants call my obedience to the word of God and to all the former a breach of canonicall obedience a principall or especiall fault a greivous and enormous crime they doe virtually by consequence and by necessary implication call (m) If you be railed on for the name of Christ blessed are yee for the spirit of glory of God resteth upon you which on their part is evill spoken off but on your part is glorified 1 Pet. cap. 4.14 the word of God and all the former breaches of canonicall obedience principall or especiall faults greivous and enormous crimes and seeing they doe fine imprison deprive degrade and excommunicate me for my obedience to the King and to all the latter they doe virtually by consequence and by neccessary implication fine imprison deprive degrade and excommunicate the King and all the latter for requiring such obedience of mee And so my Lord the defendants have eminently committed that foule fault in these very wordes condemned in the canon law Turpissimum est ut inde nascerentur injuriae ubi iura nascuntur It is a most shamefull thing that Courts of Justice should be courts of injustice and not onely against private persons but also against that Orthodox Church wherein they live against the Churches doctrine and discipline Articles and Canons which ought to be rules not onely to guide the lives and opinions of private men but also to regulate the censures and sentences even of the highest ecclesiasticall Courts And to conclude this point my Lord If to punish for obedience to the word of God to the Articles Statutes Canons to his Majesties Letters Patents Royall prerogative and oath of supremacy be to punish for vertue piety and to beginne that their sentence In the name of God Amen And in the body of the sentence to affirme That they did first call upon the name of Christ And that they had God himselfe alone set before their eyes be to hide iniquity under the cloake of Hypocrisie and fained sanctity Then the high Commissioners have both punisht me for vertue and piety and have covered that
for though he be not Pater generans Ecclesiam yet he is pater nutrient Ecclesiam as the Prophet Esay speakes Kings shall be thy nursing fathers and Queenes thy nursing mothers Esay 49.23 nay above the command of God himselfe who hath commanded us to render unto Cesar those things which are Cesars Mat. 22. and to obey Cesars just lawes not only for wrath but for conscience sake Rom. 13.5 and that in the first place above and before the command of any subordinate officer whatsoever 1 Pet. 2.13.14 So that Sir Henry Martin deales with the fift commandement just as Pope Gregory the seventh did with the words of Samuell to unto King Saul 1 Sam. 15.22 for whereas the word of God saith to avoid fornication let every man have his owne wife and every woman her owne Husband 1 Cor. 7.2 which is an absolute precept enioyning all those to marry who cannot otherwaies avoid fornication Gregory the seventh by the foresaid * In concernentibus fidem etiam dictum vnius privati esset praeferendum dicto Papae si ille moveretur melioribus rationibus novi veteris testamenti quam Papa Panormit de elect cap. significasti prope finem text of Samuell doth contrary to the foresaid word of God 1 Cor. 7.2 command all Priests to put away their wives under pretence of fornication He saith Gregory that will not obey his most wholesome precept of ours forbidding Priests their wives under colour of fornication incurreth the sin of Idolatry as Samuel witnesseth not to obey is the sinne of witchcraft and not to be content is the wickednesse of Idodolatry Distinct 81. si qui sunt So that Pope Gregory the seventh and Sir Henry Martin agree both in this They both approve of Arbitrary or blinde obedience they both make the word of God the ground of it they both derive it from generall texts of Scripture and by vertue of those generall texts they challenge a power to command even contrary to God himselfe speaking in other plaine evident and perspicuous texts they differ only in this Pope Gregory the seventh derives this arbitrary obedience from the former words of Samuell 1. Sam. 15.22 and chalengeth it onely for himselfe Sir Henry Martin deduceth it from the fift commandement and chalengeth it for every spirituall father for every incumbent Archdeacon Bishop and Archbishop Nay farther Sir Henry Martin by his former argument from the fift commandement endeavours to make our Church like the Church of Rome as it is defined by Gasper Scioppius in his Ecclesiasticus cap. 147. both in his summe and booke at large where he thus defines the Church of Rome Ecclesia * As Bishops ought to discerne which is truth before they Teach so must the people discerne who teacheth right before they beleeve Bishop Bilson in his true difference between Christian subiection and unchristian rebellion 2. part pag. 259. est mandra sive grex aut multitudo jumentorum asinorum The Chrurch is a society or a company or a multitude of cattell and asses And where there are horses asses mules there if there be any good done with them must be Horse-keepers Assekeepers Muletors and their whole Church as Scioppius saith consists of these two The Horses Asses Mules are the Laity the Horsekeepers Assekeepers Muleters are the Clergy of the former he saies Nos Dei jumenta sumus sive peccora subiugalia tanquam equi aut muli sive asini Clitellarij veterini dossuarij sarcinarij sagmarij we are Gods juments or yoke cattell as it were horses or mules or asses to carry packes to be girt with circingles to carry Dossours to beare burdens to bee sumpters And of the latter he saith illi agasones illi muliones nos fraenant nos loro alligant nos agunt nos stimulant nobis jugum onus imponunt those horse-keepers Sic nimirum se reshabet Iudicant oves privati omnes iudicio discretivo Judicant Episcopi pastores iudicio directivo clavium potestate coactivo sed iudicant saepe errante Clave quo casu videntur solum ligare non ligant Judicat Christus solus iudicio infallibili nec unquam errante clave Non sic vel Pontifex vestere suo tripode vel Concilium vel tota Ecclesia Iudicat Doctor Crakanthorpe Def. Ecclsiae Anglic. contra Archiep. Spalat cap. 13. parag 20. those muletors put the bridle upon us they tye us with the raines they drive us they spurre or goade us they put the yoke and burden upon us And doth not Sir Henry Martin endeavour to make our Church like theirs in giving power by the former argument to every incumbent to lay his burthen upon his Parishioners to every Arch-deacon Bishop and Arch-bishop to lay their burdens upon the Clergie and Laity within their jurisdiction This is so evident my Lord that it cannot be denied and all the harm I would wish him for it si revivisceret is only this ut patiatur interpretationem quam tulerit that the blessing of Ishachar Gen 49.14 which by his former argument he endeavours to bring upon the whole Church of England may fall upon himselfe only and that in the highest degree Confutatio 5 But my Lord in the same Author and in the same place there is one thing of an higher ranck and nature and so high that it transcends all Religion and piety all modesty and honesty all humanity and civility and savours altogether of Antichristian and Luciferian pride and arrogancie and that 's this That Scioppius ranks amongst these Asses not only such as are Subjects but also such as are Soveraigns even Kings and Princes Gods immediate Deputies as well those of their Religion as those of ours but with this difference those of their Religion he calls understanding and obedient Asses those of our Religion refractory Asses without understanding He calls them all (*) To Bishops speaking the word of God Princes as well as others must yeeld obedience but if Bishops passe their Commission and speak beside the word of God what they list both Prince and people may despise them If Apostles and Angels be tyed to this condition much more others our first addition which speake unto you the word of God is ever intended in the Bishops function though it be not expressed Bishop Bilson in his true difference betweene Christian subiection and unchristian rebellion pag. 261 262. Asses for his former reason because they were to beare what burdens those Agasones those Muliones the Popish Clergie should lay upon them and their Kings he calls obedient and understanding Asses because they did do so they did submit their backs and shoulders to those burdens And amongst them he especially commends Charles the Great for a wise morigerous and a patient Asse because he was a ringleader to all other Asses to submit to this his own rule in the Canon law In memoriam B. Petri honoremus sanctam Romanam Apostolicam sedem
and honest mandates yet I am not by oath bound thereunto and therefore when I violate his lawfull and honest mandates I commit only contumacie not perjury And lastly that I have not sworne this Canonicall obedience to the Canons themselves for then every time I broke a Canon I should commit perjury but only to the Bishop and his successours mandates nor to his words or private letters or postscripts or messages but only to his and his successours mandates no nor to al their mandates neither but only to all their lawfull and honest mandates Now what is a Prelates mandate A Prelates mandate saith (n) Provincialis lib. 3. de Institutionibus commendis cap. 1. verbis Archidiaconis suis Extorqueri cap. 3. Verb. superioris tenentur See 120. 122. 124 Canons Such are the mandates in the Kings-Bench their habeas corpus their Latitats Capias and other mandates and these are made in the the Kings name and subscribed with the chiefe Iustices hand and sealed with the seale of the Court. And such are all the processes mandates letters Missive Decres of the High-Commission Court and ought to be such as appears by the latter part of their Commission and I have one of their mandates or letters missive here to shew A Writ is the Commandement of the King formed in Latine directed either to some Minister of his Courts or sometime to the party-Defendant at the pursuit of the Plaintiffe for the better administration of Iustice Writs touching their forme are breife and short and therefore are called in Latine Brevia in French Breifs for their shortnesse in English Writs for that they are short mandates in writing Iudge Dodrige in his English â—awyer p. 43 Lyndewode is a publick instrument out of the Prelates court made in the Prelates name under the seale of his office and the hand of a publick Notary Without such a mandate sent from the Bishop to the Arch-deacon the Arch-deacon though he hath taken the oath of Canonicall obedience to the Bishop is not bound to Induct any man instituted by the Bishop neither is he in contumacie if he refuse But after he hath received such a mandate if he do then refuse he is then both in contumacie and perjury too And of these mandates I have two out of the Arch-deacons Court here to shew one for my Induction another to reverse a suspension And such mandates are daily sent out of the Arch-deacons and Bishops Courts to command us to pâ—blish the excommunications and other censures of their Courts against our Parishioners and upon our Parishioners submission and reformation there comes out other mandates commanding us to publish the assoiling acquitting and restitution of our Parishioners and the abolition or abrogation of the former censures And so likewise there are daily sent out mandates or processes commanding both us and our Parishioners to appeare at our Prelates Courts And all these mandates are agreeable unto the former definition of a Prelates mandate given by William Lyndewode And of those mandates the Canon Law makes two (o) Clementinarum lib. 2. titulo de Dolo Contumacia cap. unic verbo manifeste Contumax in non veniendo non appellat Contumax in non parendo appellat quod iste peccat in uno tantum ille in duobus Quod intelligo quia iste venit sed non paret ille nec venit nec paret Decretal lib. 2. titulo 14. de Dolo. Contumacia cap. 4. verbo Conrumaciter Contumaâ— est qui cum debet parere non paret _____ Ibidem cap. 2. verbo Contumaciter Multis modis committitur Contumacia quandoque attenditur respectu non venientis quandoque respectu non restituentis quandoque respectu non respondentis vel obscure respondentis quod idem est ac si non responderet quandoque respectu non iurantis quandoque respectu recedentis infecto negotio quandoque respectu non exhibentis unde versus Non veniens non restituens citiusque recedens Nil dicens pignusque tenens iurareque Nolens Obscureque loquens isti sunt iure rebelles Quibus adde alios versus eodem libro ut lite non contestata c. tit 6. Casibus in tribus his quis dicitur esse rebellis Impedit occultat iussis parere recusat sorts there is mandatum pro apparendo and mandatum pro parendo a mandate for appearing and a mandate for obeying And so accordingly there is a two-fold contumacie contumacia in non apparendo and contumacia in non parendo a contumacie in not appearing and a contumacie in not obeying The contumacie in not appearing is committed when we violate the Prelates mandate for our appearing at his Court The contumacie in not obeying is committed when we violate the Prelates mandate enjoyning us to obey some act of his Court and without one of these mandates first had and received neither of these contumacies can be committed Now with what contumacy do the Defendants charge me not with any contumacy in not appearing neither can they for neither did the Archdeacon no nor my Lords Grace neither send out any mandate to command me to appeare either at their Archidiaconall Episcopall or Archiepiscopall Courts and I alwaies observed the mandates of the High-commission court for my appearance So that they neither can nor do charge me with any contumacy in not appearing They onely charge me with contumacy in not obeying the Archdeacons and Archbishops mandates commanding mee to preach the Archdeacons visitation sermon This appeares my Lord out of their owne sentence for in the first part of their first finall sentence alleaged in their plea the defendants say Super aperientiam causae ipsi invenerunt Georgium Huntley specialiter oneratum in articulis praedictis cum duobus particulariis primo pro recusatione ad praedicandum visitationis sermonem ad requisitionem mandatum Archidiaconi diaecesis scilicet praedicti Willielmi Kingsley in Contrarium suae canonicae obedientiae And afterward in the first part of that first finall sentence they say that I violated the Archbishops mandate in the same matter quod quidem mandatum dicti Archiepiscopi dictus Georgius Huntley etiam neglexit and afterwards in the second part of that first finall sentence they charge me with perjurie for violating that my Lords Graces mandate Now my Lord if I have violated my canonicall obedience to the Archdeacons and Archbishops mandate and therein have committed disobedience contumacy and perjury as the Defendants pretend then I have violated some Canon and some Canonicall mandate of the Archdeacons and Archbishops Canonicall both for forme and matter where these three concurre a Canon and a mandate Canonicall both for forme and matter there if the partie that breaks them hath taken the oath of Canonicall obedience he committeth anticanonicall disobedience contumacie and perjury But where the first of these is wanting where there is no Canon there there cannot be a Canonicall mandate for matter and though there