from our church Ergo ours is not the discipline of Christ Then by this reason should no reformed churches be said to reteine the discipline of Christ or to be well ordered manie of them vpon diuersitie of occasions differing euen from themselues before and euerie one in some point or other differing among themselues Are all the churches of Denmarke Sweueland Poland Germanie Rhetia Vallis Tellina the nine Cantons of Switzerland reformed with their confederates of Geneua of France of the low countries and of Scotland in all points either of substance or of circumstance disciplinated alike Nay they neither are can be nor yet néed so to be séeing it cannot be prooued that any set and exact particular forme therof is recommended vnto vs by the word of God And therfore maister Deane of Paules in the said * Ibid. pag. 16. booke saith that one end of so manie counsels gathered so often in the primitiue church was this to make canons For the externall gouernement of the church which had not néeded if such a perfect platforme had béene deliuered thereof in scripture as some men vainelie blunder about And I verelie doo persuade my selfe that he being a man yet liuing and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church whereof he is no inferior member himselfe and being best able to interpret his own meaning would if he were demanded quicklie conuince this man of factious and slaunderous wresting and racking of his words And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline let him first by some proofe out of scripture or ancient writers approoue vnto vs if he can the debarring of the ciuill magistrate from all gouernment in ecclesiasticall causes and a presbyterie or segniorie consisting most of laie persons yet both of them practised by some churches which he and his clients most admire and as he shall deale in these he shall haue more of our worke of like nature which peraduenture will trouble the sconses of all the new discipline-framers we haue to auow by good and substantiall proofes Now vpon the quite ouerthrowe as he wéeneth of the discipline of this church of England he laieth foorth in behalfe of all inferiour ministers an action of wrongfull detinue for I thinke he will not saie it is but nouell disseisine against Our Bishops and archdeacons for challenging all punishing of malefactors within their seuerall iurisdictions If it be their iurisdiction by law why may they not so doo Forsooth bicause They permit not the minister to exercise any discipline at all Yes truelie as was touched afore they doo and may execute the discipline of declaring by doctrine according to the word of God mens sinnes to be bound or loosed and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes which are not the least parts of discipline which is as much for auoiding of intollerable inconueniences which otherwise would ensue as is expedient to be attributed vnto euerie one and so is it all which the law dooth enable them with as may be easilie gathered out of the verie same demand of the Bishop for at the latter end thereof it is said So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same so that the discipline which the minister is to execute reacheth no further than to Teach his parish with all diligence to kéepe and obserue so much of the doctrine sacraments and discipline of Christ as apperteineth to them And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue other why is it said by S. Paule excommunicating the incestuous Corinthian Absens decreui being absent I decréed 1. Cor. 5. seeing they had ministers of their owne and willed the denuntiation of the said excommunication afterward to be doone openlie in the church And at the time of his absolution Paule being absent saith To whom you forgiue any thing I forgiue also Likewise speaking of the anathematisme of Hymenaeus and Alexander I haue giuen 1. Tim. 1. them vp vnto sathan not naming either their owne minister or anie segniorie But we must yet a little followe our author leaping backe for Another reason to prooue that This statute hath appointed the discipline of Christ to be ministred as the Lord commanded onlie and none otherwise which we will easilie grant him vnderstanding it in a generalitie not as though euerie particular ceremonie rite or circumstance of externall policie if they had beene as they are not in scripture mentioned but being not commanded were at an inch to be followed For else how could the primitiue church without any prescript word I doo not onelie saie haue brought in a new ceremonie but haue altered the sabboth daie by God appointed at the first and being our saturdaie vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie and with vs sundaie or yet the time of receiuing the sacrament of the eucharist being according to the institution vsuallie receiued after supper to haue it receiued as it is in the morning fasting His reason for the proofe of this conclusion I gather vp thus If this part of the booke doo not abrogate all discipline vsed in time of poperie amongst the idolatrous priests as well as their false doctrine and prophanation of the sacraments then dooth it ordeine nothing but it dooth ordeine something or else it were an absurd law Ergo it abrogateth discipline vsed in poperie If this conclusion were granted yet his matter he hath in hand would not here vpon be prooued to wit That therefore discipline is no otherwise to be ministred than the Lord Christ hath commanded But I haue shewed afore this Minor to be false and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline more than they doo for the doctrine or sacraments which were prouided for by other acts and not by these words which were indéed absurd once to be imagined Also his Maior foloweth by no consecution for it might haue béene that those words had ordeined something and yet not to haue abrogated all the discipline vsed in poperie except it had by him first béene shewed that the same was contrarie to the commandement of the Lord and otherwise than this realme hath receiued it Which being not prooued we may conclude that he hath in all this section plaied vpon the Petitio principij a fallacie not fit for his person pretending some learning and too plaine for a man to be ouerséene in And therefore in his conclusion hereof he might haue spared his vehement expostulation of Open wrong and intollerable iniurie by the cheefe A proud and insolent terme full of pharisaicall contempt prelats for denieng to the saints of God the discipline they call for c. But if
not being at that present time Bishop priest nor deacon except he be called tried examined and admitted according to the forme hereafter following And if so be that none of these be specified or declared in particular Pag. 7 6. sic deincepâ— as he here affirmeth why dooth he kèepe such hot schooles a little after sèeking to prooue that they are no ministers nor deacons indèed by law which haue not bèene made according to this exact forme of calling triall examination c. But to what purpose dooth he bring this reason except he would haue shewed vs withall what that Calling triall examination and qualities be which he supposeth to be required by the law of God and which They the Bishops whome as I take it he meaneth by waie of supposall are by him indirectlie charged to haue broken Naie he supposeth In them vnfaithfulnesse to the Lord accompting his waies not the best waies nor his counsels not the wisest counsels that they haue set the consultations of the grauest senators and wisest counsellours and cheefest rulers of the land behind their backs that they make their will a law and that they are not ruled by reason Truelie if these his crooked virulent and contemptuous accusations of such men reaching so high as to charge them with apostasie and these mutinous sèeds of dissention sowne betwixt them and other great men of the land be to be tolerated in a published and printed libell though they were true and iustifiable then I doo not sèe but that euerie other lewd disposed person will take the like boldnesse vpon any discontentment to whet his dog eloquence vpon any the best and best deseruing within this common-wealth For Psal 64 3. they haue whet their toong like a sword and shot foorth their arrowee bitter words Therefore we will praie with the prophet Let the lieng lips be made dumbe which cruellie Psal 31 18. proudlie and spightefullie speake against the righteous and deliuer our soules D Lord from lieng lips and from Psal 120. a deceitfull toong which is as the coles of iuniper 24. Section Pag. 53 54. OUr author omitting to declare vnto vs the Maner of calling c of ministers and deacons which is required by the law of God and required also by the law of this land as he telleth vs and leauing it to the dèepe considerations of such as know his meaning if he doo but gape vpon them dooth in this section intreate of Another maner of calling and triall by other positiue lawes required charging the Bishops euen by their owne records to haue neuer or verie seldome vsed any of them So that sèeing he exacteth of them in this action first â—bsâ—â—â—ditie in the authors platforme the obseruation of the booke for the forme and maner of procèeding therein next the calling triall and examination required by the law of God and lastlie now another maner of calling required by other positiue lawes it had beene mèet that either he would haue set downe all these threè forms to be one and to agrèe in euerie circumstance or else to haue prescribed vnto them which of the thrèe they should vse that so they might auoid his high displeasure and indignation against them And I would he had vouchsafed to let himselfe so much downe as to haue told vs where these positiue lawes which he alledgeth are written * Dist 24. c. quando Epâ—â—s being indèed the canon lawe conteined in the decrees Wherein I find a difference from the forme by act established which appointed the Archdeacon to examine and present those which are to be ordered Whereas here The elders Vide sect 26. sect 40. indeed priests are to present and certeine ministers and others skilfull are to trie and examine them The forme of calling which these positiue lawes that he speaketh of doo meane is nothing as he saith But a proces to be fixed vpon the cathedrall church doores or a proclamation by an apparitor the fourth daie before the ordination signifieng that such a daie the Bishop will make deacons or ministers warning such to be present as will offer themselues meet men for that seruice If this be true and also that Three daies together they are to be examined before the daie of ordination truelie they haue but Skarborough warning so suddenlie to be called euen the first daie whereon they are to be examined But he saith this Maner of calling is also commanded by the booke though briefelie in these words When the daie appointed by the Bishop is come certeinlie he had nèed to haue a head full of proclamations that can picke out of these words such a solemne calling or proclamation But whie dooth he not also tell vs whether of the two or whether both of them be ment by this law that is to saie the intimation vpon the church doore or the apparitors proclamation And where the articles of religion doo determine That none may take vpon him the office of publike preaching or ministring the sacraments in the congregation before he be lawfullie called and sent to execute the same vnderstanding hereby the whole action Dotable wresting and falsification of externall vocation which he restraineth to the letters of intimation or to the apparitors proclamation whereby signification is giuen of the daie of solemne giuing of orders he dooth heerein notablie abuse the patience of his readers whome he thinketh verie sottish if they can make no difference betwixt these two kinds of callings But as no man denieth but that it is requisite some publike notice should be giuen a conuenient time before anie solemne daie of generall ordination prefixed doo come to the intent as he saith men méet for that seruice may then and there offer themselues so if héereby he will sucke any matter to obiect against such Bishops who vpon especiall occasions and with more due triall and examination than can be had where such a confused multitude at once must be run ouer doo laie their handes vpon one or two well knowne vnto them without any such solemne notifieng thereof he shall rather hereby argue his spitefull stomach against them than anie care he hath of reformation or obseruation of law which he dooth pretend sometimes when it séemeth to accord with his humor For it is notorious that such of the Bishops as haue kept that course haue sent abroad more sufficient preachers and fewer of meane gifts haue escaped their hands than possiblie can be performed at those generall ordinations And dooth not our author himselfe dissallow in a whole treatise as Vnlawfull Contrarietie to ordeine a minister without a title which platforme can no waie stand with this generall publication of orders for all commers found méet therevnto without respect of hauing or not hauing anie place void in the diocesse allotted foorth vnto them Conueniet nulli qui secum dissidet ipsi 25. Section Pag. 54 55 56 57. IN this section conteining the maner of
ministrare quos curare deberet ne diuer simode inficeret eosdom moribus exemplo It is perillous for the people vnder him to whome hee ought to minister the Sacraments and whome hee ought to heale that he diuersly infect them not with his manners and examples for that Diluere aliena peccata non valet is quem propria deuastant He cannot put away other mennes sinnes whome his owne sinnes deuoure And againe Periculosum est decentiae ecclesiae in scandalo populari It is daungerous for the Decencie of the church to be in anie publike slaunder or offence Againe Malus praelatus dicitur lupus rapiens praedam An euil prelate is saide to be a wolfe 83. distine nihil 2. q. 7. Quinec rauening his praie He is said to be Canis impudicus propter defectum regiminis A shamelesse dogge for want of gouernement Hee is saide to be Coruus propter peccatorum nigredinem As blacke as a Rauen for the foulenesse of his sinnes Hee is saide to be Sal 2. q. 7. Non omnis infatnatus ad nihilum proficiens Unsauorie salt profitable for nothing Hee is saide to be Porcus A Swine Hee is saide to be 4 c. Dist in mandaris Glos lind de offic Archis pres c. fin v. canss Capo A Capon because as a Capon can not crowe no more can a dumbe Prelate preach And to conclude Praelatus qui in doctrina mutus est non est verè Praelatus cum officium praelati non exerceat c. A Prelate which is mute in teaching is not in trueth a Prelate in so much as hee exerciseth not the office of a Prelate Pag. 29 These Canons and Constitutions not contrariant or repugnant to the Lawes Statutes or Customes of this realme neither derogatorie to her Highnesse Crowne and dignitie and therefore authorized by Act of Palament ought to haue beene better knowen and better executed by our chiefe Prelates then by the space of these 25. yeares they seeme generally to haue bene But yet besides these former decrees lawes and ordinances and the seuerall reasons principles and maximes wherevpon they were first grounded there remaineth somewhat more behind diligently to be considered the which thing the more earnestly euery man shall rightly weigh the more may he be astonished A thing done in Israell at the doing whereof it is a wonder that the eares of the hearers tingle not and the very haire of the heads of the standers by stare not for feare least the Lord in his righteous iudgement should execute his terrible vēgeance vpon them Thus standeth the case some pastoral church or churches being destitute of a Pastor or Pastors to feede the people a solemne assembly and conuocation of the chiefest of the gouernours of the Church must be gathered together and that not in an angle of a poore country village but in the chiefest citie of the Diocesse and that not on a workeday but either on the Lords day or on some other of their owne festiuall dayes and that for no small matters or to no small purpose but euen to present and offer vnto the Lord an holy sacrifice and to call vpon his most holy name To present I say vnto the Lord a present meete and acceptable for his maiestie euen men meete to serue him in his spirituall warres and to be Pastors to feede his people with spiritual foode of his holy word men meete to take vpon them the most highest and most noblest callings that he hath appointed to the sonnes of men the office and dignitie of the preaching of his holy Gospell Pag. 30 This I say is the actien wherof deliberate consideration is to be had and whereof followeth a discourse and wherein when all is done as it is imagined that can be done yet in truth there is nothing so nor so done they doe but flatter themselues bleare the eyes of others and which is most execrable as it were mocke and delude the Lord to his face Well then let vs consider what is done herein In the time of that vertuous King Coward the firt an order and forme was appointed by act of Parliament for consecrating Archbishops and Bishops and for the making of Priestes Deacons and ministers Which statute is reuiued and the same order and forme approued in the right yeare of his most excellent raigne The words of the statute are these And that such order and forme for the consecrating of Archbishops and Bishops and for the making of Priestes Deacons Ministers as was set forth in the time of the sayd late King and authorized by Parliament in the fifth and fifth yeare of the sayd late King shall stande and be in full force and effect and shall from henceforth be vsed and obserued in all places within this Realme and other the Dutines maiesties dominions and countries The title of the booke is this Pag. 31 The forme and manner of making and consecrating Bishops Priests and Deacons And first to intreat of Deacons according to Ordering of Deacons the forme of the booke you shall vnderstande that in the order and forme of making Deacons three things principally are to be obserued First the qualities requisite to be in him that is to be made a Deacon Secondly the circumstances in making him a Deacon And thirdly the proper duetie and office belonging to him that is made a Deacon Touching his qualities they must be such as were requisite for the same First he must be a man of vertuous conuersation and without crime Secondly he must be learned in the Latine tongue Thirdly he must be sufficiently instructed in the holy Scriptures Fourthly he must be a man meete to exercise his ministerie duely Fiftly he must beleeue all the Canonicall Scriptures Sixtly he must be diligent in his calling Seuenthly he must be inwardly moued to that office by the holy Ghost And as touching the circumstances First he must be called Secondly tried Thirdly examined Fourthly he must be twentie one yeares of age at the least he must be presented by the Archdeacon or his Deputie Fiftly he must be made on a Sunday or holy day Sixtly he must be made openly in the face of the Church where must be an exhortation made declaring the duetie and office as well of the Deacons towards the people as of the people towards the Deacons Lastly touching the office committed vnto him it is First to assist the minister in diuine seruice Secondly to reade holy Scriptures and Homelies in the congregation Thirdly to instruct the youth in the Catechisme Fourthly to search for the sicke poore and impotent of the parrish and to intimate their estates names and places to the Curate that they may be relieued by conuenient aimes Pag. 32 The forme of ordering Priestes COncerning the making of Ministers not onely all those thinges before mentioned in the making of Deacons but other circumstances and solemnities are required also these demaunds and answers following must be made and giuen Bishop Doe
Touching the first protestation to be made promised and subscribed by them that shall hereafter be admitted to any office roome or cure in any Church or other place Ecclesiastical contained in these words in the booke of aduertisements In primis I shall not preach or publikely interpret but onely reade that which is appointed by publike authoritie without special licence of the Bishop vnder his seale though her Maiesties most excellent name be vsed by the publishers of the sayd aduertisements for confirmation of them and that they affirme her M. to haue commanded them therevnto by her highnes letters yet because the booke it selfe commeth forth without her M priuiledge and is not printed by her M. Printer nor any in his name therefore it carrieth no such credite and authoritie with it as wherevnto her M. subiects are necessarily bound to subscribe hauing other lawes and other Iniunctions vnder her M. name and authorized by her M. priuiledge contrary to the same For her M. by her Iniunctions commaundeth euery Minister to preach within his owne cure without licence as before you haue heard But let vs goe forward It hath bene shewed before that euery one to be made a Deacon or a minister ought be to called tried examined knowen to haue such qualities as were requisite that mention also hath bene made of yâ— face of a church of the Latine tongue of many other circumstances necessary to that action all which things set downe rather generally then particularly described require a larger discourse Panormitan yâ— doctors vpon yâ— ciuil canonical law haue these coÌ„clusions Pag. 49 Statuta debent interpretari secundùm ius commune siue debentinterpretationem â—x n. â—a dictâ—â— de consuâ—tâ—â— nu 22. recipere à iure communi statuti verba dubia debent interpretari vt minùs laedat ius commune quà m sit possible Statutes ought to be interpreted according to common lawe or statutes ought to receiue their interpretation from common law and doubtfull words of a statute ought to be so construed that they be as little preiudiciall to the common lawe as is possible Out of which conclusions I collect this rule Namely that where a statute shall establish an office practized and had in vse before the making of the statute and shall require a calling a tryall an examination and qualities in an officer meete to execute that office and shall not specifie and declare any particular kind of calling of tryall of examination and such qualities c. that then such manner of calling of tryall of examination and such qualities are required by that statute to be in such an officer as by common right were requisite for such an officer before the making of that statute And because by the viewe of the former order it selfe it is very apparant that the same forme and order was appoynted by men very desirous to promote as much as in them lay the honour and glory of God and to abolish all superstitions and trumperies brought into his Church Therefore because I ought by duetie to conceiue their meaning to the best and most agreeable to their profession I say that they meant herein onely such calling such tryall such examination and such qualities as are requisite to be in a Deacon and in a Minister by the lawe of God Which is euident both by the order of prayer vsed at the time of their orderings and also by the Scripture read for that purpose The prayer followeth Almightie God which by thy diuine prouidence hast appoynted diuers orders of Ministers in the Church and diddest inspyre thyne holy Apostles to choose vnto this order of Deacons the first Martyr S. Steuen with other mercifully behold these thy seruaunts now called to the like office and administration Pag. 49 replenish them so with the truth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorye of thy name and profit of the Congregation thorough the merits of our Sauiour Iesus Christ who liueth and raigneth with thee and the holy Ghost now and euer Amen After this prayer followeth the Epistle out of Timothie Likewise must the Ministers be honest not double tongued not giuen to much wine neither greedy of filthy lucre but holding the misterie of the faith with a true conscience And let them first be proued and let them minister so that no man be able to reproue them Euen so must their wiues be honest not euill speakers but sober and faithfull in all things Let the Deacons be the husbands of one wife and such as rule their children well and their owne housholds For they that minister well get themselues a good degree and a great libertie in the faith which is in Iesu Christ c. or else this out of the sixt of the Acts. Then the twelue called the multitude of the Disciples together and sayd It is not meete that we should leaue the word of God and serue tables wherefore brethren looke ye out among you seuen men of honest report and full of the holy Ghost and wisedome to whome we may commit this businesse but we will giue our selues to continuall prayer and to the administration of the word And that saying pleased the whole multitude and they chose Steuen a man full of faith and full of the holy Ghost and Philip and Procorus and Nicanor and Timon and Parmenas and Nicolas a conuert of Antioche These they set before the Apostles and when they had prayed they layd their hands on them c. Pag. 50 The Communion ended shall be sayd this Collect. ALmighty God giuer of all good things which of thy great goodnesse hast vouchsafed to accept and take these thy seruaunts vnto the office of Deacons make them we beseech thee O Lord to be modest humble and constant in their ministration to haue a ready will to obserue all Spirituall Discipline that they hauing alwayes the testimonie of a good conscience and continuing euer stable and strong Fol. 1. pag. 8. in thy Sonne Christ may so well vse themselues in this inferior office that they may be found worthy to be called to the higher ministeries in the Church thorough the same thy Sonne our Sauiour Christ to whome be glorie and honour world without ende Amen The Epistle appointed at the tyme of ordering of Ministers shall be read out of the twenty chapter of the Acts. FRom Mileto Paule sent messengers to Ephesus and called the Elders Foâ—â— pag. â— of the Congregation which when they were come to him he sayd vnto them Ye knowe that from the first day that I came into Asia after what manner I haue bene with you at all seasons seruing the Lorde with all humblenesse of minde and with many teares and temptations which happened vnto me by the layings awaite of the Iewes because I would keepe backe nothing that was profitable vnto you but to shew you and teach you
openly thorough euery Pag 3. 51. house witnessing both to the Iewes and Greekes the repentance that is towards God and the faith which is toward our Lord Iesus And now behold I goe bound in the spirite vnto Ierusalem not knowing the things that shall come to me there but that the holy Ghost witnesseth in euery citie saying that bonds and trouble abide me but none of these things moue me neither is my life deare vnto my selfe that I might fulfill my course with ioy and the ministration of the word which I haue receiued of the Lord Iesus to testifie the Gospell of the Grace of God And now behold I am sure that henceforth you all thorough whome I haue gone preaching the kingdome of God shall see my face no more Wherefore I take you to record this day that I am pure from the bloud of all men For I haue spared no labour but haue shewed you all the counsell of God Take heede therefore to your selues and to all the flocke among whome the holy Ghost hath made you ouerseers to rule the congregation of God which he hath purchased with his blond c. Or else the third chapiter of the first Epistle to Timothie THis is a true saying If any man desire the office of a Bishop he desireth an honest worke A Bishop therefore must be blameles the husband of one wife diligent sober discreete a keeper of hospitalitie apt to teach not giuen to ouermuch wine no fighter not greedy of filthy lucre but curteous gentle abhorring fighting abhorring couetousnesse Pag. 5â— one that ruleth well his owne house one that hath children in subiection with all reuerence For if a man cannot rule his owne house how shall he care for the Congregation of God He may not be a young scholler least he swell and fall into the iudgement of the euill speaker He must also haue a good report of them which are without least he fall into rebuke and snare of the euill speaker After this shall be read for the Gospell a peece of the last chapter of Matthewe THen Iesus came and spake vnto them saying All power is giuen vnto me in heauen and in earth Goe ye therefore and teach all nations Baptizing them in the name of the Father and of the Sonne and of the holy Ghost teaching them to obserue all all things whatsoeuer I haue commaunded you And loe I am with you alway euen vnto the end of the world The praier vsed by the Bishop in the ordering of Ministers Pag. 56 ALmightie God giuer of all good things which by the holie spirite hast appointed diuers orders of Ministers in the Church Fol. 11. pag â— mercifully beholde these thy seruauntes nowe called to the office of Priesthoode and replenished them so with the trueth of thy doctrine and innocencie of life that both by worde and good example they may faithfully serue thee in this office to the glorie of thy name and profite of the congregation through the merits of our sauiour Iesu Christ who liueth and raigneth with thee and the holie ghost world without end Amen These praiers and places of Scripture appointed by the whole consent of the realme to be made and read at the time of making Deacons and Ministers most strongly prooue that their intent and purpose was to haue such men placed in the office of Deacons and Ministers as whom the holy Scriptures hath commaunded should be placed and as they praie might be placed But suppose that they being not so faithfull to the Lorde as were expedient for them account not the Lordes waies to be the best waies his councels not to be the wisest counsels to interprete the meaning of the statute because they are such waies as wherein the Lordes seruants applie them selues precisely to walke and therefore ignominiously are termed Precisians Suppose this I saie yea and suppose that they haue preferred their owne inuentions and set the consultations of the grauest Senatours and wisest Counsellours and chiefest Rulers of the land behinde their backes yet if reason might haue ruled them and their will might haue beene no lawe there was and is an other manner of calling of triall of examination other qualities an other face of the Church an other Latine tongue by other positiue lawes required which as partly by sequel of their proceedings and partly by their owne records appeareth was neuer or very seldome vsed by any of them The manner of calling ought to haue beene thus QVANDO EPISCOPVS c. When the Bishoppe The 〈◊〉 of calling is disposed to make an ordination all they which wil come to the holy ministerie the fourth daie before the ordination are to be called to the Citie togither wivh the Elders which ought to present them And this kinde of calling is a solemne publishing the Bishops purposes either by some processe openly fixed vpon the doores of the Cathedrall Church or proclaimed Voce Praeconis by the voice of an Apparatour to make the Bishops intent knowneâ— Pag. 54 that happily such a day he wil make Deacons or Ministers and therefore citeth such to be present as wil offer themselues meete men for that seruice Which manner of calling is briefly also commaunded by order and forme of the booke of ordaining Ministers First when the day appointed â—ol 2 p. 2. 27. Article by the Bishop is come c. And in the Articles of religion the selfe same is expressed It is not lawfull for any man to take vpon him the office of publike preaching or ministring the Sacraments In the title Articles for certaine orders in ecclesiasticall pollicie The manner of triall in the congregation before he be lawfully called and sent to execute the same In the Aduertisements likewise you haue these wordes First against the day of giuing orders appointed the Bishop shall giue open monitions to all men to except against such as they know not to be worthie either for life or conuersation The manner of triall followeth and ought to be after this sort Pag. 55 ET TVNC EPISCOPVS c. And then the Bishoppe ought to choose him Ministers and other men skilfull of the law of God exercised in Ecclesiasticall functions who first of all ought diligently to enquire out the life of them that are to be ordained their kinred their Countrie their age their bringing vp the place where they were borne whether they be learned whether instructed in the law of God whether they firmely holde the Catholike faith and in plaine words can vtter the same and they to whom this charge is committed ought to take heede that they doe not for fauour or for desire of reward decline from the truth to present anie to the handes of the Bishop either vnworthily or not meete to take holie orders And therefore let them continually three daies togither be examined and so on the sabboth in the which they are approoued let them be presented vnto the Bishop Out of the constitutions of
such like Canons I say any whit impeach the truth of my former assertions First for that these latter Canons are directly opposite and contrarie to the ordidinance of almightie God And the Apostles saith the holie Scripture Act. 6. calling the multitude of the disciples togither said vnto them choose therefore brethren out from among you seauen men of good reporte c. whom we may appoint to this businesse and this speech pleased the whole multitude then present and they choose seauen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuffe by an Angel comming from heauen much lesse by a Pope comming from the bottomlesse pit for my part I hold him accursed and so vtterly vnworthy the name of a Disciple Secondly the said Canons of Adrian plainely and in flat termes are derogatorie to her Maiesties prerogatiue royall and therefore by the statute of 25. Henrie the eight vtterly abolished Thirdly they are against the customes and statutes of the realme For by all the customes of the realme where any Maior Bayliffe Sheriffe or head officer of anie Borough towne or anie incorporation is to be elected or where any Knight of the shire any Burgesse any Constable any Crowner any Vergerer within any forâ—est and such like are chosen the same officers are alwaies chosen by the greatest part of such mens voices as haue interest in the action Pag. 62 And as touching the statutes of the realme it is likewise euident that they confirming the booke of King Edward the sixth and the Canons not preiudiciall to her Highnesse prerogatiue royall giue vnto the Prince nobilitie gentrie and other faithfull of the land an interest in choice and allowance of their pastours And who can be so void of reason or vnderstanding as to imagine that men renued with the spirit of wisedome in the gospell of Christ should be careful and diligent in the choice of discreet and wise men to be dealers for them in matters pertaining to this transitorie life and yet should be remisse and negligent what guides they approue of to conduct them in the waies of eternall life Or that they should be lesse prouident ouer their spirits and soules than ouer their bobodies and goodes Euery man whether he be in the ministerie or out of the ministerie contrarie to the blind popish distinction of Laitie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choice of his pastour shall haue a spirit giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therfore so greatly feared by Popish idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away faith and a good conscience But we haue boldnes with confidence to approch vnto our God who is able and will assuredly stay the rage of the people and finish our actions with a quiet and peaceable issue And thus much of the face of the church of the choice and consent of the people and Cleargie to be had in the ordering of Ministers Touching the Latine tongue required to be in euery Minister as the lawes haue alwaies had respect to a competent and sufcient knowledge therein so the Act of Parlement made the 13. Elizab chap. 12. hath fully and at large expounded the same and limited the knowledge thereof in these words Pag. 63 None shall be made a Minister vnlesse he be able to aunswere and render to the Ordinarie an account of his faith in Latine according to the said Articles And if any shall be ordained contrary to any prouision of that Act then is he no Minister at all And thus as briefly as I could I haue examined these words mentioned in the booke videlicet calling tried examined knowne qualities the face of the Church and the Latine tongue what meaning and signification by lawes in force the same wordes haue And also what order and forme our Bishops ought by Law positiue to haue vsed in making Deacons and Ministers and what credite and fidelitie her Highnesse and the whole bodie of our Church and common weale haue reposed in them for an orderly vpright and sincere disposition of these things Vnto which trust howe aunswerable their seruice and gouernement hath beene I doubt not but vppon their examinations they will approoue the same to haue beene faithfull iust and equall But by waie of supposition if any shall denie their fidelities to haue beene such as is pretended what remedie then or what is to be done then Heerevnto I aunswere since the perill happening vnto others through their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses would be executed in time to come the punishment of one is a terrour to many and by feare of punishment a man is made good The summe and effect of which Lawe confirmed by Act of Parlement is this videlicet Tam indignè promouens quà m indignè promotus est deijciendus As well the man vnworthily promoting as the man vnworthily promoted is to be deposed Proofs and examples whereof are these In the chapter NIHIL EST EX DE PRAEBEND Order was taken as you haue seene before that not onelie men vnworthie should not be admitted to regiment of soules but it is also in that place prouided in case any thing shall be otherwise vnaduisedly attempted Pag. 64 that then not only the man vnworthily promoted but also the vnworthie promotour should be punished And againe it is Ex de aetate qualit c. penult decreed thus If they shall hencefoorth presume to ordaine any that are vnskilfull and ignorant which may easily be espied we decree that both the ordainours and the ordained be subiect to grieuous So. dist c ex penitentibus 51 dist c. aliquantos 1. q. 1. c. Si qui episc punishment Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordaineth an vnworthie man is either to be deposed or depriued from power to ordaine Againe Si qui Episcopi c. If anie Bishoppe haue consecrated anie such Priest as ought not to be consecrated although in some sorte they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that Sacrament which they vnworthâ—ly haue administred Upon which decree and the word Ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the truth euermore is this videlicet that whosoeuer promoteth an vnworthie man deserueth to be deposed Quia culpareus c. Because hee is culpable committing an order Glos in const Otho de scrâ—â— in ord faciâ—n c. 1. ver ab charge or office to such an vnworthie person And because hee is vnfaithfull communicating his ministerie vnto an vnworthie man to the hurt
a peacemaker but quarrelling at law for tyth onyons apples cheries not a dispensor of the worde of God not a pastor steward to the Lord to teach to premonish to feede and prouide Foll 11. pag. 2. for the Lords flocke if such a one I say yea if too too many such haue bene admitted into the holy Ministerie and all these solemnities vnsolemnly abused may it not be rightly concluded that such by our statute law be no lawfull Ministers at all VVas the worde of any Bishop only the word of the high Bishop Iesus Christ excepted in any time or in any place a lawe against the Lawe of a nation VVas the lawe of a whole Empire euer tied to the will of one man in a Diocesse If the thing it selfe were not manifest to the viewe of the whole Realme and that the vnlearned ministers in euerie parte of the Realme were not glasses to see these deformities by and that the daily and lamentable complaints in the eares of hir honorable councell were not euident testimonies thereof Yet were their owne registers and recordes thorowly perused they would teach vs sufficiently that these things yea and worse too if worse may be are neither fained nor forged And therefore I conclude thus 1 Wheresoeuer a certaine forme and order to proceede is appointed to any hauing no authoritie before his commission that there if the forme be not kept the processe by lawe is meerely voyd 2 But our Bishops before the making of the statute of Edward the sixt and the confirmation thereof 8. Elizabeth had no authoritie to make Deacons or ministers Pag. 85 3 Therefore their processe not made according to the order and forme of the statute is voyd and therefore our dumbe and idoll Ministers no Ministers at all Herennius Modestinus answered that a Senator was not therefore a Senator because he had his name onely in the table or register where the names of Senators were written vnles he also were made a Senator according to lawe And the glosse vpon that law verifieth the same to be an argument Contra 〈◊〉 qui non sunt rectè in Ecclesiâ—â— coÌ„stituâ— ff quand dieâ— lâ—g vel fideâ— sed l. quod pâ—pillae iâ—â—at gloss Against those that are not rightly placed in Churches If a Legacie be giuen vnto a Pupill whensoeuer she shall marrie if she shall marrie before she be Viâ—i potens the Legacie is not due vntill she be Viri potens quia non potest videri nupta quae virum pati non potest nec videri factum quod non lâ—gitime fit Finally in the preface of the booke of ordering Ministers are these words And therefore to the intent these orders should be continued and reuerently vsed and receiued in this Church of England it is requisite that no man not being at this present Bishop Priest nor Deacon shall execute any of them except he be called tried examined and admitted according to the forme hereafter following And in the 13. yeare of Elizabeth cap 12. it is enacted that all admâ—ssions to benefices institutions and inductions to be made of any person contrary to the forme or prouision of this act and all tollerations dispensations qualifications and license whatsoeuer to be made to the contrary hereof shall be meerely voide in lawe as if they neuer were Another principall reason why these idoll Ministers should not haue so much as the onely name or title of Ministers in word much lesse the place and benefite of Ministers Cod. de autorita praestand l. eum qui. 6. â— 7. si quis deinceps â—x de simo non satis in deede may be for that in deede and truth they haue intruded themselues into the Ministerie onely by fraude and deceite and haue not entered thereinto Bona fide iusto titulo In good faith and by a iust title He that knoweth a Pupill to be vnder age and yet will contract with him without consent of his Tutor Pag. 86 or he that will receiue a Church from the hand of a Laye man or he that will buye and sell Cod. de autorit praestand l. eum qui. 6. q. 7. si quideinceps extra de simo non satis Extra de râ—gu in c. qui contra A contract made betvvene the Bishop and the minister not obserued things dedicate to religious vses cannot in these actions meane any good faith or vse any good conscience because qui contra iura mercatur bonam fidem praesumitur non habere He that against lawe maketh marchandize is presumed not to haue good faith Now in the manner and forme of making Ministers and their admission you haue heard of a solemne couenant and contract by open protestations on both sides made betweene the Bishop and the partie the Bishop demaunding spondes putas facies doest thou promise doest thou thinke wilt thou do The party answering spondeo I do promise puto I doe thinke faciam I wil do it This contract or couenant by law Ciuil is called stipulatio verborum a sure bond made by words and may be called a contract by word By the law of England it is called an assumption And to the end this contract be good in effect as in al other coÌ„tracts so in this especially it is requisite that the same be made bona In ff pro solut l. 3. Cod. de vâ— sur l. venditioni In Cod. de actio oblâ—g l. bonam fide interueniente good faith comming betwene as wel on the part of the demandant as on the part of the answerer For saith the Emperour Bonam fidem considerari in contractibus aequum est Equity requireth that good faith be considered in contracts And that either to this ende Vt cessei dolus ad eorum essentiam or to this end vt cesset dolus ad eorum effectum that guile may cease to the substance of the contract or yâ— guile may cease to the effect of the contract For though according to the nature ff de dol l. elegantâ—r ff de verb. oblâ—g l si quis eâ—m condition of this contract by word the party fraudulently deceiued be notwithstanding by rigour subtilty of law bound to the contract yet inasmuch as the lawe prouideth him a remedy against this mischiefe giueth him a peremptory exception vtterly to exclude yâ— agent from any benefit of his action the contract I say in effect being reuersible is in effect no contract the aduerse partye to be cleared Pag. 87 from the performance thereof Quia contractas non sortitur effectum pâ—opter exceptionem doli The couenant taketh no effect by reason of the exception of guile The law it selfe followeth Si quis c. If any when he had couenanted to be bound after one maner yet notwithstanding by circumuention is bound after another manner he shall in deede stand bound vnto thee by the subtiltie of lawe but he may vse an exception of deceit for in as much as he
one whom he cannot by the lawes of the land refuse But peraduenture he will saie by presentation institution he ment the first ordering of him to the ministerie which is meere voluntarie in the Bishop A contrarietie to himselfe Yet héerein as he speaketh improperlie so dooth it impugne the rest of this mans platforme for hée would not haue any absolute orders giuen but when some place is void and that with election of the people And if to bring a Bishop within danger of the penaltie of this canon he will haue him to haue something to doo in this action of calling to the ministerie which shall be arbitrarie for him to doo or not to doo as to laie his hands on the elected then are he and his clients at another mischéefe by leauing it still in the Bishops power to reiect their new elect He inforceth also that howsoeuer the words may lead a man to thinke this canon to be ment for superior and electiue prelacies onelie yet the reason of the decrée fighting also as stronglie for ministers ought to make the law to be accounted alike in both Which being grounded vpon this rule Vbi eadem ratio idem ius I must put him in minde that the said rule * L. solem â—61 in fine ff de iudicijs l. illicitas 6. § qui vniuersas ff de officio praesidis holdeth not where the lawe it selfe notwithstanding some generall reason thereof be alike dooth otherwise in another place dispose * L. 1. a ff de reg iuris Quia non exregula ius sed ex iure regula sumitur And so it dooth in this matter as may appéere in the same chapter Nihil est where a little after the words by him alledged not this punishment of suspension and bereauing of power to confirme the next successors election is inflicted for that Bishop which shall prefer to holy orders or ecclesiasticall benefieâ—s such as cannot woorthilie fulfill the office to them committed but the penaltie in that case by canons prouided Which words though the author thought good not to alledge bicause they make no mention of any insufficiencie of knowledge and would be racked to no further office than to an abilitie of saieng masse wherein the chéefe and as it were the onlie mysterie of popish priestcraft consisted yet in the Maior of his second syllogisme where in a generalitie Of worthy executing his office they seemed to speake more aptlie to his purpose he was content to vse them though they doo indeed quite ouerthrow his answer of the identitie of reason in both the cases For how can it be intended that one and the selfe-same thing is by those words ment and disposed of where the law-giuer as in this place prouided a diuersitie of punishment in the cases of confirming a mans election for knowledge insufficient c from the penaltie of such a Bishop which should order a man that could not execute woorthilie the office committed to him For the penaltie inflicted else-where by the canons vpon the Bishop which shall prefer men vtterlie vnwoorthie to holie orders ecclesiasticall preferments or benefices of which the * Gl. ibid. in verbo suspenditur glosse sheweth this decretall to be ment in that behalfe where it saieth If they will escape the penaltie of the canons is to be * C. cum in cunctis Ext. de electione c. graue Ext. de prebendis suspended from giuing of orders or collating of benefices And to make it more cleare that so much of this dâ—cretall as our author alledgeth is onlie to be vnderstood of superior prelacies and dignities and not to inferior benefices the glosse obiecteth and resolueth thus This seemeth contrarie saith the glosse to C. graue infra de praebendis bicause there he that preferreth vnwoorthie men is not punished till he haue been twise or thrise rebuked admonished of it but heere he is presentlie punished without anie admonition also heere those that are promoted are remooued but there they are not it is to be answered that heere he speaketh of those that are promoted to dignities and gouernment of soules and for that they doo more deepelie offend they are more greeuouslie punished euen without any admonition but in the other place he speaketh of meane benefices in which such great ripenes is not required Which to be no greater or exacter a matter than to be able to say masse dooth appéere by that which * Panorm in c. vlt. de etat qualit in fine A fallacie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Panormitane allegeth out of Bartol Neither can the generall acception in law of this word Praelatus sometimes applied to an inferior minister helpe this pittifull proofe of his It is a Fallax to gather bicause it sometimes so signifieth that therefore in this place it should so be taken yet there is no such place as he quoteth héere out of C. sua de clerico aegrotante But if we should gratifie him so much as to suffer this canon to go for good paiment in this behalfe yet if it be A law forged said that most of the ministers of this church at whom he shooteth this bolt are not of that insufficiencie of knowledge or vnaptnesse to execute their office that is héere ment to be condemned he were still new to begin again to prooue that this canon requireth also such a sufficiencie in all ministers whereby they should be perfectlie well able to preach the word For euerie one that hath not a speciall gift to preach is not straightwaie to be accounted according to this canon a man insufficient for knowledge or not able to execute his office woorthilie In the former syllogisme of this section if by the word Hurtfull he vnderstand not onelie that which Per se is hurtfull but that also which is so Per accidens and vpon some occasion may endamage the church of God then his Maior is to be denied as vntrue For so euen excellent and singular learning happening into such one as Arrius was may do great harme in the church And likewise in both the assumpts of his syllogismes he notably plaieth vpon the petition A fallacie A petitione principij of the principle taking that as granted which is vtterlie to be denied 2. Section Pag. 4 5. ALl that is said in this section being in effect nothing else but that ministers being called physicians of soules ought to be able to applie a spirituall medicine as it prooueth not pregnantly the scope of the issue to wit that euery minister ought of necessitie to be of such abilitie to preach as this treatise requireth so dooth it not limit that the said physician of the soule which in sicknesse is to be sent for must néedes be the pastor of that parish more than that the physician for the bodie of whome also it speaketh must be of the said place necessarilie And trulie I must néeds confesse that he is a verie simple and
de aetate ibidem quoted ff de minoribus is by him wholie altered from that which the law it selfe setteth downe Proofe must be made saith the law of the age of him which alledgeth he is aboue xxv yeares old by examination of the cause bicause such proofe will preiudice and worke against the reuersall of acts of the said yoong man as executed in his nonage Which being wholie otherwise alledged by our author it maketh me ioining his like practises in other places of this booke togither to déeme that he hath not collected his allegations or examined them himselfe according to the law but hath taken the collections and rapsodies of some other man by retaile which maketh him bewraie so often his long eares out of the lions skin whereof he giueth euen in this section a larger taste where he alledgeth ff si à non competenti there being no such title in the Digests but in the Code and L. maritus ff de procuratoribus where no such law is to be found But although no man will denie but qualities requisite must then be found to be in a person when he is to be emploied yet this hindereth not but that in an office which is not tied to one circumstance of time but hath a continuance all honest meanes for the better and better furnishing of him with such qualities in that charge are and may be from time to time vsed without any impeachment to his credit as though he had béene at his first entrance into it not a sufficient man for that function But that which is here said concerning the nullitie of that which is done beyond the bounds of a compromisse or commission is no waie appliable to a trust committed for adiudgeing the qualities of the mind considerable onelie by his discretion and therefore cannot prooue if one be made minister by a Bishop not so fullie qualified as the law in all points requireth that thereby the whole actions are void and frustrate Shall we saie that an Ambassador hauing instruction to imploie a discréet faithfull and secret man about some seruice shall be guiltie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if the partie imploied séeming to him thus qualified shall be after found to faile in all or some of these and be insufficient And a Sheriffe being to returne by his writ a iurie De probis legalibus hominibus if after the verdict giuen vp it shall be prooued that they or some of them were not such at the time of the returne shall we therefore quash and reuerse Vide respons sect 39. all and saie there was no returne no impanell no triall no verdict nor iudgement And yet the Bishop hath no authoritie to ordeine ministers by commission but by operation of law And if this which he saith be true Where by disposition of law a certeine forme and prescript order is limitted that there if anie inuersion or preposteration be vsed all is cleane marred and therefore the whole actions are void and frustrate What are we then to iudge of those who are here in England baptized without the signe of the crosse those which are married without the ring and those who are punished for not comming to diuine seruice there where the forme of our Liturgie by law established is not exactlie obserued Which I set downe neither to impeach that baptisme or marriage howsoeuer to the intent of inheriting by the common law a doubt of such mariages hath béene made nor yet to excuse any wilfull recusants whome it is well knowne in any such regard not to absent themselues from praiers but to set downe the rash generalities and paradoxes which the Abstractor so confidentlie rusheth into euen with the ouerthrowe of those in whose fauour this treatise is made Notwithstanding manie of his clients though they aduenture to preach are as void of good learning as I could in particularitie shew as the most of these Dumbe silent and idoll ministers which he so déeplie lanceth Yet neuertheles that is not generallie true which he here auoucheth that an inuersion or preposteration vsed dooth make alwaies the act void For to this effect it is required that it be committed in some * Bald. in L. ambiguitates C. de testamentis Castr consil 39. alias 43. visis Actis matter of substance also that it be the inuersion of some substantiall order set downe by man For if it be the preposteration of an order set downe by * Bald. in L. 1. C. de appellat 3. nota law it is to be appealed from and therefore produceth not a direct nullitie Ipsoiure 9. Section Pag. 15 16. THis which the Abstractor here bringeth out of the Code that merit not monie in making of a minister is to be regarded as it is too generall to prooue by the word of merit such a worthinesse as he inforceth so being as appeareth by the whole constitution spoken of a Bishop onelie and not of euerie minister as he indefinitelie dooth translate it though otherwise it may be as trulie said of the one as of the other it is not so direct for the purpose which it is brought for The first member of that which he alledgeth out of the Authentikes but not the second doo I find either in Haloander his edition or in the Greeke or Latine edition of Contius And whereas the constitution is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vnlesse Constit 133. they know letters that is can read he hath helped the matter a little by interpreting it Aliquanto pinguiùs vnlesse they be learned which neuerthelesse might be granted vnto him and yet no such learning necessarilie imploied as he séeketh to establish hereby But the word Clerici clerkes Wresting of law and not Presbyteri priests here vsed whereby not onelie in this constitution but in all other the nouell constitutions any whether he be Ostiarius Lector Cantor Subdiaconus Diaconus or Diaconissa is signified dooth put the matter wholie out of doubt that neither ministers are here especiallie prouided for nor such exquisitnes of learning as he would gather can be any waie intended in them to be hereby exacted Vnlesse he will also saie that the 100. deacons Constitutio 3. §. sane the 40. deaconesses women the 90. subdeacons the 110. readers the 25. singers and the 100. doorekéepers or sextens being the limited number of clerkes and so called by Iustinian for the great church in Constantinople to haue all béene of that learning which he maketh to be the onelie touch of his minister And if I were persuaded as in this place he is that by the word Constitutions mentioned in the Act 25. H. 8. Cap. 29. the constitutions imperiall were ment I could bring manie such neither repugnant to our lawes nor to the hurt of the prerogatiue royall which I beléeue he himselfe will not saie to haue the force of law amongest vs and therefore must hereby be driuen to yéeld that he made a defectiue Minor in his
first fundamentall syllogisme And thus hitherto neither the canon prouinciall ciuill nor statute law hath giuen any direct condemnation against such ministers as are not sufficientlie able to preach and expound the scriptures hauing otherwise competent gifts of learning in some measure Neither are such of them though they be no preachers to be accounted Dumbe and silent who in their churches doo exhort dehort rebuke comfort and also in some degrée instruct their parishioners as their abilitie serueth and occasion is offered Which I know they may as profitablie doo as some who of as meane gifts but of more audacitie than they dare take vpon them to expound and diuide the scripture by preaching vpon some text vnto which they in their whole discourse doo come iust as néere as Germans lips are said to come togither But whie should he vpbraid them with the name of Stipendaries séeing neither they alone neither all they be such and it is a part of the new platforme and church modell to haue all ministers put to a certeine standing pension of monie which may more aptlie be called a stipend bicause if they displease the paiemaisters they shall perhaps be driuen to séeke it Tanquà m stipem ostiatim and so it shall rightlie beare the name of a stipend 10. Section Pag. 16 17 18. BIcause the Abstractor here maketh himselfe angrie and is in a pelting chafe with those that dare presume to answer any thing to his former proofes and that will tell him that the knowledge there spoken of may be verified to be in manie which yet are not fit to preach whom he for such answers calleth Peruerse conceited selfe-weening men soothing themselues and fostering their dotages and fond affectious errours with certeine rules of law whereof they are ignorant as he taketh vpon him here to prooue it shall not be amisse to set downe their answers by him rather pointed at than truelie produced as they lie in the law that they being conferred with his replie the truth may better appeare The ciuill law saith The performance of that which the L. 18. si quid venditor ff de aedilitio â—dic vers haec omnia seller shall speake in commendation of the thing sold is not rigorouslie to be exacted of him but to be taken with a reasonable construction As if he affirme the seruant he selleth to be a staied man we are not thereby to require such a setled gâ—auitie and constancie as is in a philosopher If he affirme him to be painefull and watchfull we may not herevpon looke for continuall toile both night and daie at his hands but all these are with an equitie in some measure to be looked after And againe in the same place He that in the sale of his seruant shall without further addition affirme him to be a cooke be satisfieth the buyer if he performe him to be measureablie skilfull in that trade and the like is to be said of all other kind of arts And in the next law following This is to be vnderstood L. 19. sciendum ff d. §. illud sciendum that if a man promise one to be an artificer he is not hereby strait bound to performe that he is exquisitelie but in some good measure skilfull so that you are neither herevpon to take him to be an absolute workeman nor yet altogither vnskilfull and therefore it sufficeth he be such an one as those be who commonlie are called artificers Where by the waie may be noted that acception of these words knowledge cunning and learning which before Scientia Peritus Non indoctus in sundrie places hath béene spoken of That which is quoted by the author as an answer of some to his allegations out of the canon law is to this effect whereas the Chapter of Capua had chosen an Archbishop Cuius literatura licèt non eminens tamen conueniens extitit whose learning though it was not aboue his fellowes yet was conuenient or competent as he readeth it that in this respect as for want of knowledge the election made of him was not to be reuersed And if this séemed a reasonable decision in an Archbishops election whose high degrée and place requireth a greater and more excellent measure of learning shall we not admit with good reason according to the great inequalitie of places and diuersitie of rewards for learning and varietie of times some degrees as of excellencie competencie and mediocritie of gifts and learning required in a minister Or else shall we vainelie dreaming of a Platonicall Idaea fansie with our selues that a man which a long time hath spent in studie his bodie and of his friends or of his own monie in the Vniuersities perhaps as much as would haue purchased vnto him double as much yeerelie annuitie for his life as the greater part of the seuerall benefices in England be annuallie woorth can so put off to be a man as that then he can endure to take as a reward of all his trauell to susteine in his declining yeeres him and his familie withall such a liuing as the meanest husbandman in most countries hauing a plough tilt shall be able to spend asmuch in his house in a yéere as he And surelie if a surueie were taken of all parish churches and parochiall chapels in England I dare auow that it would fall out that there be double or treble as many more liuings allotted for ministers vnder the true value of thirtie pounds by yéere Vltra omnia onera reprisas as be aboue that rate And how those which be of better liueload are fléeced and corruptlie bestowed in manie places some of those know best who doo seeme most to vrge a reformation in other points whose clamors are like that of him who cried in the pursute of himselfe Stop the théefe Stay the théefe c as fast as the best and are onelie to diuert the eies of preachers from looking on their owne vsuries simonies monopolies and oppressions and to procure them to whet their toongs vpon their brethren whome they sée in better case than themselues are though perhaps in their opinions not so worthie But our author héere telleth vs though something darkelie that the Learning and knowledge of our ministers which are not able to preach whom he verie mildlie and charitablie calleth Bare mumbling ministers is so farre from being to be accounted competent or sufficient that is not by Iustice equitie of law to be reputed meane in that sense which the law taketh it Which if it were true that they were farre vnder that measure which the law requireth yet the illation which herevpon he inferreth that Then they are guiltie of voluntarie intrusion and to be punished for taking vpon them offices without any lawfull calling can no waie follow of those premisses for séeing euerie man is an euill and partiall iudge towards himselfe then not they who offer themselues to the triall and examination for sufficiencie of those whome the lawe herein authoriseth
but those who should sée more in them than they are able in themselues are to be blamed for approbation of them as appeareth by the * C. innotuit nobis Ext. de elect §. habito ergo law here quoted Pag. 17 But his first proofe which he here bringeth for the ouerthrow of meane competent and sufficient degrées of knowledge in a minister bicause he imparteth not vnto C. ignorantia dist 38. vs from whence he borrowed it belike he would haue vs to take it vpon his owne poore credit By the waie this I obserue that the highest degrée of knowledge which the law termeth Eminent or excellent he in his discourse termeth Sufficient perhaps to insinuate that no knowlege is sufficient for a minister but that which is eminent Yet this exhortation that Ignorance be auoided in ministers that bicause they haue An office of teaching the scriptures by them are to be read and that all their labour consist in preaching and doctrine dooth neither ouerthrowe the said distinction of meane competent and eminent bicause these points may be in men according to all these degrees nor yet argueth if these be not so exactlie performed by them that therefore they are intruders S. Paule exhorteth a minister to rebuke reprooue and to be instant in season and out of season yet if some performe these offices more perfectlie other more sparinglie according to their seuerall gifts of mildnesse and knowledge shall we saie that he which fulfilleth not those in the highest degrée and according to the best is therefore no true minister or rather that he dooth not the duetie required of a minister so fullie as he ought And so in this place by him alledged though a perfect patterne of the most necessarie part of their function of labouring wholie in preaching and doctrine is set before them for to striue to be attained vnto yet neither is praier visiting of the afflicted hospitalitie or administration of the sacraments hereby inhibited to a minister neither are all condemned hereby for Intrudors which being not so fullie furnished to performe that which in cōmon speach we call preaching doo teach according to the abilitie giuen vnto them of God and publish foorth his will out of the word though it be onelie by reading But in another respect this canon cannot necessarilie inferre such a skill in euerie minister whereby he may be a preacher bicause as in the most of the old canons Presbyteri are taken for ministers and Clerici for inferiour ecclesiasticall persons so is this word Sacerdos taken not for euerie inferiour minister but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the chéefe minister in the diocesse or Bishop and so * Gl. in C. quando dist 38. verbo a sacerdote the glosse in the next chapter following dooth expound it à sacerdote id est ab episcopo of the priest that is of the Bishop of whom the law in sundrie places laieth both a greater care in preaching and also a greater sufficiencie therevnto than ordinarie Also it may be trulie said that by Preaching in law is not alwaies meant that solemne expounding and breaking of the scriptures as we doo vsuallie speake but sometimes anie publishing of the word of God euen such as is done by reading may well be vnderstood And therefore the glosse dooth * Gl. in verbo praedicare dist 25. C. perlectis §. ad lectorem interpret those words of the canon Quae prophetae vaticinati sunt populis praedicare hoc est legere to preach those things to the people which the prophets haue prophesied that is to saie to read them openlie to the people But yet if we should admit this canon to be spoken of inferiour ministers and of preaching in the most vsuall signification we might with more probabilitie thus conclude than as our author dooth seeing for increase of his knowledge a minister is exhorted to attend to reading and exhortation of doctrine therefore he may rightlie be called a minister before he haue atteined to that perfection of knowledge which he ought to endeuour for And though he which dooth not bestowe his labour in preaching and doctrine to the vttermost of that abilitie which God hath endowed him withall dooth not as he ought yet as it followeth not of any thing by him brought so may we not peremptorilie thus saie that he is no minister at all or pronounce him An intrudor or without anie lawfull calling as the anthor dooth in this discourse though he come short of the proofe thereof in the conclusions of his syllogismes which are nothing else but foolish fallacies proouing a matter vnknowne or doubted of by a matter no lesse doubtfull 11. Section Pag. 18 19 20. HE draweth neere the dregs of his proofes héere when vpon a bare occasion of this to be Mightie in word and deed required of a prior being next to the abbat not to any intent of preaching but for obseruation of the regular discipline of the monasterie consisting as in the same chapter is mentioned in the maner of their meats their apparell their not enioyeng their goods in propertie and in the maner of their silence in some places and vpon the largenesse of Law racked that word as it is vsed in scripture for much more excellent gifts he would inforce that there cannot be such degrées in ministers as some to be of meane some of competent some of eminent knowledge and learning or else would No consequence in his reason gather whosoeuer is not so mightie in word and déed as this speach is sometime in scripture vsed for to be an intrudor and to haue no lawfull calling Whereas we sée no such matter of learning is hereby required to be in the prior as he imagineth neither if it were is it necessarie that euerie minister should be of as great sufficiencie as a prior though in a generalitie some offices incident to the one were also required to be in the other In his glosse or discourse herevpon as hauing prooued that which he promiseth he climeth into his throne and stoutlie demandeth of our chéefe prelats What they can answer in defense of their wilfull disloialtie to the Lord in not being so carefull as the superstitious lawemaker was for his superstitious time And by the waie he accuseth them To maintaine tooth and naile a policie of a traitorous lawemaker a policie perillous for the gouernement of the state of the Lords houshold and as though that gouernement which they vse were rather by them Challenged than duelie attributed vnto them And for proofe that the policie by them vsed is such he reckoneth diuerse points as popish Which they turne as he saith to the maintenance of their prelacies dignities and ministeries vnder the Gospell Surelie a verie gréeuous accusation being so generall and indefinite against so manie reuerend Fathers supplieng one at the least of the thrée estates of the land in parlement euen by the ancient policie of the same being
that euerie minister by his ordination is made a preacher Also the law * Reg. iniuncti art 80 40. Vide resp ad 40. sectionem dooth expresselie in many places authorise a minister to suffer preachers to preach in his cure and therefore it cannot be doubted but they may haue this dutie furnished by another The next alledged out of our prouinciall constitutions dooeth reason thus Persons and Vicars ought to labour to informe the people committed vnto them with the food of Gods word according to the measure that shall be inspired them Ergo it is directlie forbidden that the office of preaching should be deputed to anie other Héereof me thinke a man might more probablie collect against the principall matter now handled séeing the synod knew well enough the words of preaching sermons and such like which neuerthelesse in this place hauing so fit an occasion it dooth not vse but tempereth it in other maner by Feeding according to the measure that shall be inspired into them that therefore it was not the meaning of the synod to exact of euerie beueficed person a necessarie abilitie of preaching but were contented to staie vpon a competent skill where more exact learning could not be procured But a modest man would haue béene ashamed thus purposely to haue abused his readers by sending them to séeke the last constitution by him alleged in stead of * C. presbyterorum consti prou de off archipresbyteri another brought in afore or yet to auouch that this place more at large manifesteth his purpose to prooue that one may not preach for another wherof it hath neuer a word nor yet any resemblance neither yet dooth it exact of them to preach but to Informe their parishioners by the food of Gods word which may be done many waies beside preaching though not so profitablie And therfore the glosse distinguisheth preaching from doctrine and other * Glossa ibid. verbo latraeu information by a disiunctiue as being diuers things The beginning of the decretall Inter caetera Ext de off iudicis ordin perteining onelie to the Bishop may well be a reason to inforce a necessitie to haue the people of God fed with the word of God but it nothing helpeth any of these his Three issues by the authour to be prooned principall issues that he is no minister at all who cannot preach or that there may not be admitted the former degrées of seuerall measure in learning or that a man not able to preach may not procure that dutie by another to be supplied And if it had pleased him to haue called to remembrance the next wordes following the allegation which he brought in the next page afore out of the same Pag 23. in fine chapter he might haue séene * Inter caeterae Ext. de off iud ord vers generali there that Bishops either hindred as there is said or hauing great diocesses should choose fit men for the office of holie preaching which in their stead when they are otherwise letted may execute the said office and carefullie visiting their flocks committed vnto them might edifie them by word and by example and so be ioint-helpers and workers with them Therfore if that decretall should conteine a reason why one might not preach in anothers sted as the author séemeth to thinke it were a verie strange Antinomie and Brocard hardlie to be reconciled by anie supersubdistinction whatsoeuer 15. Section Pag. 25 26 27. Pag. 23 AN inquisition in this behalfe how the préests whom he transiateth Elders haue done their duties being no otherwise than is shewed before dooth not adde any weight to the former proofes for any of the said three issues set out and the words of Preaching or publishing vsed with a disiunctiue doo argue plainelie that he did not deale simplie before when hée would haue the expounding in the vulgar toong of the articles of beléefe the ten commandements c to be so manie sermons séeing they are héere plainelie distinguished so that any publication thereof sufficeth For a * Bald. in l. 4. C. de ver rerum signif gl in c. Ext. parte Ext. de rescript disiunctiue being put betwixt two persons is vnderstood for a copulatiue but being set betwixt two things as in this place it is far otherwise and implieth a disiunctiue indéed though the glosse doo séeme otherwise to salue it For euerie publication of a thing cannot be called preaching as we vse the terme in common spéech But why are Presbyteri such as are to expound in the church translated Elders I trust he mindeth not héereby to shut out all laie men from the eldership or seigniorie which is dreamed of least peraduenture he himselfe be Exclusisstmus But here he enforceth againe a place before alledged accompanied with two other glosses the place was afore spoken vnto and the glosses speake not to any other purpose as is euident than to require and with as great abilitie in a minister as conuenientlie may be had yet not condemning thereby all As intrudors or as no ministers at all that haue not aspired to that perfection which is the point in issue by him laid downe But in these two glosses also he kéepeth his old woont to quote them so generallie that a man may seeke them where he will for he shall be sure by any direction he giueth neuer to find them For although in nine or ten pages afore manie other allegations being brought betwixt he alledged the Constit Othoni◠cum sit ars place from whence he borrowed them yet now as though it had béene the next allegation before he vseth the quotation of Glossa ibidem the which dealing with other like by him vsed doo argue this at the least that he was loth to séeme to borrowe so much out of one place least he should thereby bewraie his want I the will gather for his purpose any thing of that which Rebuff saith That those are accompted vtterlie vnlearned that knowe not how to doo the office to the which they are bound then must he first prooue that no ministers besides preachers doo knowe how to doo the office to which they are bound and that of necessitie the office of preaching is incident to euerie minister according to that vnderstanding that this word Preaching is vsuallie taken in Yet it is verie generall thns to alledge Rebuff without quotation who hath written manie bookes and some of them of great largenes All that I can find any thing sounding this waie is Rebuff in praxi benef pag. 9. infol this Illiteratus c. A man vnlettered cannot be preferred bicause he that caret literis that is cannot reade or is not book-learned cannot be fit for diuine offices The Art 43. Iniunct Regi iniunction which he alledgeth prouideth that such as not long before the making of the said iniunctions had béene made priests being children and otherwise vtterlie vnlearned should not by the Ordinaries
Admitting a deacon neither yet there or in him is it necessarilie required but onelie it is said that The Bishop may vpon a sundaie or holie daie admit such a man so qualified as is there prescribed a deacon The other circumstances by the author set downe which he thought he might carrie awaie in a cloud with a streame of words as of Churches being destitute of a pastor of a solemne assemblie and conuocation of the cheefest of the gouernours of the church to be gathered togither in the cheefest citie of the diocesse to present c are required without booke by our author and are belike some Falsificatiō of the booke part of another platforme which he mistooke in stéed of this church of Englands order But if he inforce those words of the statute 8. Eliz. confirming the said booke And shall from hense-foorth be vsed and obserued in all places within this realme for the necessarie obseruation of euerie circumstance arbitrarie afore then must we desire him to rub ouer his logike and his law and to remember that herein we must Reddere singula singulis that such things as were of substance in the booke and such as were of circumstance or arbitrarie solemnitie are not hereby altered but are to be taken in that nature now as they were before in the booke As concerning the qualities requisit in one to be admitted a deacon I maruell he will number Follie in the author that which resteth in experience afterward and which the partie is to promise in time to come to performe to wit To be diligent in his calling as a thing to be weied before his admission And if by the circumstance of Calling he thinke may be inferred anie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or popular election or any other deuise whatsoeuer more than an inward good motion of the partie he may be conuinced sufficientlie by those words Shall present such as come to the Bishop to be admitted The circumstance of being presented by the archdeacon although at solemne and set ordinations it be most vsuall yet is it not of such necessitie but that it may as well be omitted as the Bishop may ordeine one alone when there is no more though the words of presenting doo run in the plurall number To which effect it is also said in the preface that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertuous conuersation c may admit him c so that the circumstance of Presenting is not of any substantiall forme of the matter In reckoning the offices of the deacon our Falsificatiō author omitteth this limitation In the church where he shall be appointed also to baptize and to preach if he be admitted thereto by the Bishop and this likewise to serch for the sicke poore c Where prouision is so made as not seruing belike so fitlie his turne as he wisheth Whereby we may gather what libertie this man who findeth such fault with other for omitting such and so manie requisites as he fansieth dooth yet permit vnto himselfe to leaue out of his owne distributions 18. Section Pag. 32 33 34 35 36 37. OUt of a part of the forme of ordering priests in this section our author thinketh he hath obserued two Principall points for his purpose one that The minister chargeth himselfe to teach and instruct the people committed to his charge with the doctrine of holie scriptures and this he passeth ouer verie bréefelie The other which deserued with him a marginall direction is that The Bishop bindeth him as well to minister the discipline of Christ within his cure as the doctrine and sacraments of Christ c. and that therefore the minister may as well admonish denounce and excommunicate offenders within his charge as a Bishop may within his diocesse The first whereof perteining to teaching required of the minister although it prooue not a necessarie coherence of preaching with the ministerie séeing manie besides preachers as the father the maister and the housholder are to teach and instruct in godlinesse those who are of their charge yet is it more peculiarlie incident to the treatise here in handling than the other obseruation concerning discipline But shall we saie that this man is well aduised in seeking to inspire euerie minister with a power The authors contrarietie to execute all discipline in the church and that by law now in force when as in a peculiar treatise of this booke he laboureth to prooue that by law Excommunication by one alone is forbidden whereby he pulleth downe with one hand that which he built with the other and sheweth himselfe either verie forgetfull or passing inconstant And herevpon I would be resolued by the author or some other whether he thinke this endowment of euerie minister with the execution of all discipline admitting but not granting it to be so by law to be a conuenient policie for the vnitie and quiet of the church And whether he himselfe had not rather be vnder the forme now in practise in regard of his owne contentment than vnder the infinit dictatorship of his owne minister Or else whether should appellations from the judgement of the minister in this respect be allowed of and whether to the Bishop or to whome And whether the Bishop by this interpretation of law shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister and in euerie seuerall parish as aforetime seeing the author saith As well as the Bishop in his diocesse And if he shall what if the Bishop vpon good cause and for abusing of the authoritie shall suspend the minister from his iurisdiction of executing discipline Is he not at the same point he was at before And what if the Bishop himselfe dwell in the parish who shall then haue the preheminence And what if the ministers discretion serue him vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish whose indignation may turne the whole church to great mischéefe Or to procéed against his patrone who peraduenture hath a bond of him to resigne As manie couetous coruorants and Nimrods haue in these daies whereby the ministerie is more enthralled to the corrupt deuotion of one man than by all the lawes that any waie may concerne them The author séemeth to me to diuide the discipline of the church which he would intitle euerie minister vnto into admonition denuntiation and excommunication If by denuntiation he meane the publishing of excommunication done by himselfe then is it a part thereof if as I rather thinke he meane the second degrée of procéeding vpon faults not publike specified in the 18. of S. Matthew then is this common with the minister vnto all other christians euen as admonition is being the first degrée And where the minister is the partie offended and hath not preuailed neither by his admonition in priuate nor his denuntiation before two or
him alledged are not to be impeached either by that of pope Adrians or any other like being taken out of the sixt of the Acts of the apostles is vtterlie besides his owne purpose Which is not to shew what is decreed in the word of God in any of these controuersed points but what is by canons constitutions and synodals prouinciall in force amongst vs. And therefore if this of pope Adrians or any other to like effect were not to the hurt of the prerogatiue rosall nor repugnant to the lawes and customes of this realme but had béene put in vre and practise before the making of that statute it might according to our authors foundation stand for law still in this land though it were 25. H. 8. c. 19. not consonant to the word of God Which I bring to shew the authors wandring from his issue and not in any such respect as though this his allegation might otherwise haue serued his turne For it is manifest that it cannot bicause that course of election mentioned in the Acts was not vndertaken for satisfieng of any expresse commandement of Christ but vpon an especiall occasion of a mutinie of the Gréekes against the Hebrues for that their widowes as seeming to be distrusted or contemned were in the administration of the common church stocke ouer-passed whereas the canons brought for proofe of excluding the multitude from elections were not grounded vpon anie one particular occasion but of the nature of the people and exigence of the cause it selfe That of the Acts speaketh of deacons onelie and is not read else-where in all points to haue béene obserued either in a Act. 5. choosing of an apostle of b Act. 2. ministers or of c Titus 1. Bishops There also the whole multitude of the disciples made choise without the apostles who ment thereby to auoid all suspicion of corrupt dealing which two circumstances no man will I hope require in choosing either of a Bishop or minister especiallie that the Bishops and other of the cleargie should be debarred from any stroke in that action séeing therein there cannot be the like cause of suspicion Where by the waie it is not amisse to be obserued how hard it is to kéepe a great multitude in the bounds of moderation séeing the Holie-ghost in the great sinceritie of that church in comparison of our times noteth no lesse where it is said In those daies as the Acts. 6. 1. multitude of the disciples grew there arose a murmuring c. Also that the apostles called them together and prescribed vnto them what they should doo in that point of externall policie and that according to the present occasion offered without any prescript word but onelie by the instinct of Gods spirit Further that the apostles set out the qualities of the men to be chosen but tied them to no certeine forme of election to be obserued neither doo we read what forme of election they then vsed Againe that the disciples were to looke out and choose such as they thought fit to be trusted with the church stocke but the apostles reserue to themselues the appointing of them to their offices if they should be found to be such as were described â—oreouer that the deacons were appointed for the further case of the apostles in some part of their function Lastlie that the disciples presented them to the apostles censures who by imposition of hands did as it were consecrate and authorise them to the function of deaconship Now if by this act our author mind so hard to curbe vp all churches as that he will accuse them to giue A counterbuffe to the Holie-ghost which in their ordinations doo not agrée herewith in all circumstances or if he will tell vs that something extraordinarie was here in this action not to be followed of vs then must he shew by direct scripture what was ordinarie and what extraordinarie least By his owne doctrine he seeme to accuse Christ not to haue dealt faithfullie in his fathers houshold in not giuing a perfect lawe Pag. 20 for gouernement of his church by discipline and must reconcile other places of scripture concerning the like action which doo not agrée in all points with this In the first of the Acts two are presented one is chosen by lot and no imposition of hands is mentioned here seauen are chosen the maner not set downe by the multitude and being presented to the apostles they all appoint them and laie their hands on them In the 14. of the Acts Paule and Barnabas are said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to haue fasted but no mention is made of the imposition of hands here is no mention of fasting but of imposition of hands Here all the apostles did appoint them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the first to Titus he onelie is willed to appoint priests 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according as Paule had prescribed vnto him Naie let him shew vnto me any two reformed churches of diuers nations that iumpe in all circumstances hereabouts or any one of them which permitteth this action without intermedling of the chéefe pastors vnto all the disciples or multitude of beléeuers in the said church which yet haue an interest in hauing a good minister But as I take it the chéefe swaie and moderating of such actions are in all other reformed churches in such men to whom this trust is especiallie recommended And hath not likewise for auoiding of sundrie inconueniences the whole church and realme of England by parlement wherevnto euerie man in the eie of the law is said to haue consented reposed this trust in a few choise men of the ecclesiasticall function Euen maister Beza himselfe concerning this place of the Acts dooth saie There is no cause * Lib. confess c. 5. whie hereof any man too curiouslie should prescribe anie speciall rule but if the conscience be vpright it will be easie to set downe what is expedient according to the circumstance of times and places His second reason as it séemeth is grounded of these words of Adrians canon Let no laie or secular prince thrust himselfe into the election of any Bishop Which if they be vnderstood as afore is prooued they ought to be concerning the election and consecration onlie reseruing by good reason as it hath béene alwaies at the common law in this land the licence to elect nomination roiall assent supremacie homage vnto hir Maiestie then is hir Highnes prerogatiue no waie touched nor any thing deriued vnto other which hir Maiestie claimeth to be due vnto hir selfe But to let both Adrian and his canon lie in the dust how can the canon of the councell of Laodicaea which bebarreth multitudes from election of those who are to â—e preferred to the ministerie impeach hir Maiesties prerogatiue Which if it by no meanes can doo then is our authors reason defectiue séeking to ouerthrowe all canons to this purpose bicause the canon of pope Adrian seemeth to him to
as in those cases alledged there an inference cannot be brought from one to another bicause in penalties we argue not to the like by like for d De paenit dist 1. §. paene 10. And. super gl ita c. si postquam de elect in 6. penalties go not beyond their owne proper case But to put this matter quite out of doubt and to shew the vanitie of this kind of reasoning once for all it is well knowne to those who are but meanelie studied in lawe that e L. non possunt 12. cum l. sig l. 27. 32. ff de legibus although the rule be that Where the same reason is there the lawe also is the same yet euen then when a difference can hardlie be taken and alledged this rule hath manie limitations namelie where some speciall lawe is repugnant to the argument drawne from the identitie of reason For as f Aristot li. 2. Rhetor. ca. de solutionibus Aristotle saith It is no inconuenience for two probable matters to be contrarie the one to the other For there is lesse authoritie in arguments than in lawes bicause right is g L1 ff de reg iuris l. 5. ff de probat not to be established out of generall rules but from especiall and particular decisions of lawe For if right should not be gathered out of lawes but from discourse of reasoning and from generall rules which be gathered vpon the lawes then would the law be not onelie infinite but also vncerteine yea and contrarie in it selfe bicause the rules of law be almost infinit and one reason may easilie be insringed by another reason And in this respect Tullie * Li. 1. de oratore saith In the ciuill law we are taught not by disputations to and fro which be infinit and full of alteration but by the authoritie and direction of lawes Also this rule holdeth not * L. 7. si pupillorum §. si praetor ff de rebus minorum where a man is adiudged or decréed touching some certeine persons for such a decree is not to be drawne to all cases which be alike Lastlie this reasoning and interpreting any case by a like lawe vpon the simsâ—itude of reason in them both is onelie * L. 11. Pomponius ff de praescriptis verbis L. 2. §. sed quia C. de vetcri iure enucleando L. 11. §. cum igitur C. de legibus permitted to him that hath soueraigne authoritie and rule and not to those that onelie haue single iurisdiction but much lesse to him that hath neither of both Neither is our authors intent any thing holpen by Bartol vpon L2 ff de ijs qui notantur infamia bicause he hauing there shewed that there is one degradation of souldiers or knights verball and another reall and when two processes and when but one to that purpose are required he saith Those things which I haue said of the degradation of soldiers the same is also to serue about degradation of doctors and clearkes not noting that for the like offenses they all are to be deposed but that the like maner of processe is appliable to them all As for that which is said that He which vsurpeth the ensignes or armes of a doctor being none is guiltie of forgerie can no waie serue for punishing such as haue the outward calling into the ministerie how vnworthie soeuer but such as doo vsurpe that calling without any externall calling whome other * Ext. de clerico non ordinato ministrante Canons more pregnant than this lawe dooth sufficientlie méet with 34. Section Pag. 71. NDw at the last our author hauing quit himselfe like a man and prooued sufficientlie at the least in his owne conceit all ministers to be vnworthie and to deserue in that respect depriuation which cannot preach least perhaps the magistrats though being by him so fullie persuaded should neuerthelesse faint in this action as not knowing what course to take in the maner of procéeding against them he verie gentlie taketh the paines to tell them out of Panormitane how they may safelie procéed to depriue them for their ignorance and want of learning But he maketh his processe to reach vnto those onelie who neither haue read any bookes of learning nor haue béene taught by others reading vnto them though his intended purpose was to disable all notwithstanding they had both read priuatlie and heard others in diuerse sorts of good learning if they were no preachers And therefore he calleth all such Idols dumbe bare mumbling ministers and hirelings But it is better to heare the words of Panormitane himselfe than his falsified paraphrase Panor in c. vlt. de aetate qualitate vpon them Note first saith he that want of knowledge is a lawfull cause to depose a man from a Bishoprike and then is it said there is want of knowledge when he knoweth not Grammar Note also secondlie that knowledge is not gotten except it be taught by another or else he himselfe haue read bookes tending to knowledge And so this maketh against them that will pretend to learne both without a teacher and without bookes and heere of you may gather the practike of deposing a man in science ignorant bicause it is sufficient if the witnesses depose that he neuer read any bookes nor euer went to schoole or heard anie reader or teacher So that we may easilie perceiue Faâ—â—â—fication by the author our authors falsification hereof when as he by his translation of Panormitane omitteth wholie that Want of knowledge is ignorance in Grammar and maketh both the priuate studie and the hearing of a teacher to be â—â—intlie requisite for the escaping of this ignorance wher as in truth Panormicane requireth but either the one or the other to this purposâ— and therefore with the coniunction and taken coniunction non diuisim Panormitane saith A man cannot learne without a teacher and without bookes both as plainelie appeareth by the disiunctiue following whereof if any part be true all is true Also Panormitane speaketh here not of euerie inferiour minister but of a Bishop nor of want of any other knowledge but of Grammar And least of all by him is it reguired as our author séemeth to doo that a minister should learne that strange booke Of controuersies of the gospell Whereby may appéere that it is but a loose vnperfect rule to mesure out a ministers learning or abilitie by when no greater stuffe than Grammar is necessarilie required of a Bishop And therefore the same author in * In. c. nisi Ext. de renuntiatione another place saith A competent or reasonable knowledge is sufficient in a prelat neither is it any lawfull cause to resigne and giue place to another if he want an eminent skill And againe What ibidem if a prelat be ignorant but be such as may easilie learne The glosse saith he may learne and then licence to resigne shall not be granted and to
haue a true church in England wherby it appeareth he taketh such for no Honest poore men nor the Lords watchmen which say we haue scarse the face of a true church in England Next he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement ouer all causes and persons whervpon may be gathered he was not well aduised afore in séeking The authors inconstancie to establish popular elections of ministers where vpon of consequence would follow as also no lesse is included in the generalitie of his proofs that Bishops and Deanes nominations shall be attributed also from hir Daiestie vnto the people nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ceremonies a commendable thing in them as procéeding Of conscience and of feare to offend GOD in any small thing For in what causes ecclesiasticall can hir Highnesse lawfull gouernement be exercised and bestowed if with a good conscience and without offense of God shée may be disobeied in matters méerelie indifferent He goeth on and confesseth That hir Maiestie ought to put in execution according to the prescript rule of Gods word the doctrines deliuered by the ministers for abolishing of all and all maner superstitions and abuses reteined in the church and for the establishing of a perfect gouernment of it Whereby we may sée how hard it is for a cat of mountaine to change his spots or a Morian his tanned hue or for him to plaie a little vpon his old by-asse For dooth he not héere in a manner plainelie condemne hir Haiestie Factious speaches not to haue doone as the Ought nor according to the prescript rule of Gods word Dooth he not insinuate the perfect gouernment of the church not to be yet established And dooth he not expresselie saie that Superstitions and abuses are reteined in the church D wicked and vngratefull wretches to the Daiestie of God and to his lieutenant the Duéenes Highnesse which in regard of so manie and so manifold blessings by hir ministerie bestowed doo recompense and requite them with repining and with slander in this maner Non sic fecit Deus omni nationi who make vs all thankefull for them The other three members of his spéech and confession in this place touching the ministers duetie towards magistrate and people of the peoples obedience to the magistrats and ministers and of the concurrence of the ministers instruction with the magistrats authoritie in the gouernement of the church though no more than of the rest I can sée how they are incident to this treatise yet I doo not perceiue any cause whie they should be reiected Neuerthelesse if the minister as doubting of the lawfulnesse of his owne externall calling and the magistrate and people as surmising him to haue runne before he was sent should beéeue our author in his former nice points about ordinations I cannot coniecture that either the minister with any couragious spirit can discharge this dutie or that the magistrate and people can or will regard that which he speaketh as they ought to doo from the mouth of him that is Gods true ambassador vnto them or yéeld vnto their maintenance their tithes and other duties trulie and faithfullie as they ought The examples which he here bringeth though some of them sound suspiciouslie considering from whome they procéed are méere apologeticall tending to prooue that the ministers and people may not of their own head without the princes authoritie séeke to execute any reformation and thereby to purge our author from the suspicion of the traitorous heresie of certeine late pestilent Sectaries But his repining and mutinous doubting with his Ifs and And 's which he casteth in the necke of his former apologie whereby like Scyria capra he ouerturneth the milke with his heele that afore he yéelved dooth be wraie his discontented mind and slender estimation he carrieth of the godlie reformation established by hir Maiestie For what else doo these voices yéeld If hir Maiesties eies be not Seditious speeches and vndutifull yet opened if some blemishes and blots remaine in hir gouernement if councellors be hired to trouble the building all the daies of Cyrus if the wals must be reedified by Eliashib if the church must tarrie Gods leisure if any other glorious purpose be to worke in our daies by hir Highnesse but to fill vnstable heads of the people to whom this booke was especiallie addressed with buzzing of dislike to things present and hope of alterations and new fangled innouations hereafter Which conceits cannot tend any waies to hir Daiesties honour nor worke to the securitie and quiet of the realme And those which haue so quezie and squemish stomachs at the state present ioined with such an esseminate longing and Absurd appetite of restlesse and endlesse alternations in church matters I praie God they haue not cause with the first neuer to haue wished change nor that they euer sée the time wherein they would with all their hearts desire with fauour and libertie of conscience to enioie that forme of liturgie ecclesiasticall policie and church gouernement which by the mercies of God and hir Daiesties ministerie are now planted in this church if they might hope to atteine it Bonum non fruendo sed carendo redditur charius 47. Section Pag. 95 96 97. THus hauing shewed some part of his former Apologie and protestation to be verie doubtfullie deliuered and both that and other his spéeches afore to be verie Offensiue vnto manie and therefore that which his guiltie conscience telleth him Might haue beene dangerous to his person is not yet ouerblowne or auoided we are now come to his purgation of that which might and hath béene obiected that he Insinuateth indeed no lawfull ministerie to be in England But he confesseth now That euerie one meet and apt to teach that euerie one qualified as is requisite that euerie one mooued inwardlie by the Holie-ghost and outwardlie called and appointed by the Bishop hauing authoritie by the order of this church of England is indeed and by law a minister If these be spoken distributiuelie as the word Euerie and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doo import then hath he established some a minister without Outward calling so he be otherwise qualified as is requisite then may a man be qualified as is requisite thereto being not apt to teach nor inwardlie mooued vnto it by the Holie-ghost or outwardlie called appointed by the Bishop And what if he after this mans construction haue not Authoritie by th' order of this church of England as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke established Which our author maketh so necessarie as that he reasoneth afore out of the words of the statute negatiuelie to wit none to be a Bishop priest or deacon but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke but admitting them to be taken iointlie
effects necessarilie proceeding from pluralities as from an efficient or formall cause but as faults which may be presumed to possesse those men which will be their owne caruers and iudges for the inuading of manie benefices without authoritie Yea and if dispensation for pluralitie were such as being strictlie so called dooth release the rigor and extremitie of the law positiue vpon fauor onlie and not for iust causes or equitie yet might the * Arg. l. sed eâ—sâ— lege §. contulit ff de petit haered l. 1. §. magis verb. prodeg ff si quid in fraud pat l. quia autem §. 1. ff quae in fraudeÌ„ cred iuncta l. 1. ff de constit princip prince or those to whom the law hath committed such full authoritie as in diuerse cases besides with a good conscience dispense in it euen as well as they may giue away their owne goods seeing this law is vndoubtedlie meerelie positiue Like as the prince may without offense to God pardon after the fault committed the life of a traitor or fellon vpon méere grace and bountie bicause the penaltie discendeth from law positiue though he can not dispense without sinne to God that in time to come a man may commit treason or fellonie bicause they are forbidden by the law of God And such pardon he may lawfullie grant euen without anie cause to one and denie to another as fréelie as he may create knights endenize * ff C. de natal restit in Auth. quibus modiâ— natur efficianturâ— legitimi legitimate and restore to blood whom he thinketh good and refuse to impart the like grace and fauor to other And this if it be for a matter past is by some termed an Indulgence or pardon if for a benefit to come a Dispensation for a present plesure or gratification is called a Priuilege There may be also good reason of granting these when as for some considerations it is profitable to grant such exemptions besides the generall ordinarie course and reason of the law For it may so fall out that the sauing of some condenmed mans life or granting of some immunitie may no lesse benefit the common-weale than to keepe a rigorous hand vpon the obseruation of the strict points of the generall law may doo harme For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be seasoned and swéetened with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the exact rigor of law must sometimes be moderated with with least it degenerat into inturie and tyrannie For it is sure that as no generall rule or definition can be giuen in law which in application to particular matters shall not faile and be limited with his exceptions so can there no generall rule of right or law be framed which in application to all times places persons whoÌ„ it may concerne shall not necessarilie require some priuileges exemptions dispensations and immunities either in regard of their excellencie well deseruing or in respect of their imbecillitie weakenes or some such like circumstance or other In which respect we are also taught by Aristotle and other wise philosophers Politicians that in all lawes administration of iustice we are partlie to obserue proportion Arythmeticall consisting in recompensing an equall thing with his equall which is a rule in trades negotiation traffike betwixt man man partlie the proportion Geometricall which is conuersant in distribution of honors or rewards in inflicting of punishments and therfore yeeldeth foorth an inequalitie in both according as the persons deserts are different and vnequall Whereby also we sée a common soldiors reward to be lesse than the Lieutenants or Generals a Noblemans death not to be so rigorouslic executed as the common sort iustlie are put vnto And this strict and proper acception of a dispensation which is by releasing and exempting of a man vpon fauor clemencie or mercie onelie from the seueritie of the law the bond thereof still remaining is called A dispensation of grace and may vpon méere bountie of him that is so authorised be granted to some and denied to other some as it shall please him euen without further cause so long as the law is but méere positiue But it hath no place at all in the first a Dist. 5. in princip §. naturalia iust de iure nâ—tur principles of the law of nature nor in the commandements of the Decalog necessarilie and immediatlie b Rom. 1. deriued from the rules of the light of nature Which thing bicause the pope most insolentlie tooke vpon him to doo he is therefore iustlie by all which doo aright feare God abhorred as Antichrist which in the Luciferian pride of his hart hath hereby climed into the throne of God and dooth arrogate to himselfe to loose the consciences of those whom God hath tied by his law and to bind that as by a diuine law which God himselfe hath set at libertie which c Bernard li. 3. de considerat ad Eugenium Bernard calleth a dissipation rather than a dispensatioÌ„ Which dispensations of his though some schoolemen and of our late more manerlie papists doo otherwise qualifie in words and partlie denie such matters which he hath dispensed with to be of the law of nature when as neuerthelesse no colour can be laied but that they are of the prohibitiue morall law of God yet his parasites the canonists who both knew his mind and his practise herein sufficientlie well and were neuer that I could read found fault with for their ouer broad speeches about this matter doo fullie declare what blasphemous authoritie he challenged They saie that the law d Abb. ca. fin Ext. de consuetud of nature vpon cause may be taken awaie e Abb. c. non est Ext. de voto that the pope vpon cause may dispense with the law of God f Lud. Goza cons 51. Ignorance of the Abstractor that the dispensing with the law of God is proper to the Bishop of Rome Yet the Abstractor sheweth here his great skill when he pretendeth that the canonists popes chapleins doo attribute vnto him authoritie to dispense in such matters by reason of Merum imperium a souereigne supreme power in him which indeed is nothing but Ius gladij the power ouer the life of men which the ordinances of France doo call Haute iustice There is another kind of Dispensation called of Iustice which is when vpon some especiall circumstances the reason and rigor of the generall law is by him which hath authoritie declared in some case to cease and the strictnesse of the words of the law therein not to bind or to haue place and that for auoiding of iniurie and inconuenience And this is also an allaie of extremitie of law by an equitie which afore I spake of and which the magistrate in iustice cannot denie and is in that respect called A dispensation of iustice as it were an interpretation or declaration of the true meaning of the law
inioy seuerall lordships or any inequalitie of possessions and substance whatsoeuer bicause manie of The poorer sort might liue of such possessions in one mans hand well and honestlie in the common-wealth which is a bitter roote of the wéed of Anabaptisticall equalitie and communitie The last reason which he bringeth for proofe of his second Minor is taken from the conueniencie of fulfilling the deads wils and testaments as though all foundations and dotations of churches had béene by last wils and testaments onelie established and as though they had especiallie regarded by their said wils the seruing of those churches by pastors continuallie resiant and not hauing anie liuing elsewhere But I praie you how was it lawfull for the latter men to alter the wils of the former founders by making new distinctions of parishes and allotments of liuings if other parishes and liuings were established before as he absurdlie seemeth to fansie euen by God himselfe And why should he be so carefull for the fulfilling of their wils who for the most part in time of ignorance in regard onelie of massing for their soules rather than for teaching of the people and vpon opinion of meriting heauen thereby did erect and endow churches perhaps with some little glebe though the chiefest benefit doo arise by tythes Seeing he is of opinion that a matter grounded vpon anie cause or reason is of like nature and His reason retorted vpon himselfe condition with the reason it selfe so that if the cause and reason wherevpon they grounded their building and endowment of churches be impious then euen the things themselues shall be stained with like impietie and not woorthie thus to be tendered by him But this his supposall is in deed a verie weake and slender coniecture not worth the name of a presumption and meerelie consisting in fact without proofe And it might be better gathered seeing pluralities within these last six hundred yéeres in compasse of which time most churches haue béene built were verie rife as may appeare by lawes especifieng multitudes of benefices incroched and reteined without all licence or toleration that patrones of churches could not be ignorant thereof and therefore meant to prouide for no such matter which otherwise they would haue expressed and met with either in dotation composition or by testament And hee might with more colour vse this reason euen against the iust dissolution of religious houses being directlie and expreslie contrarie to the mind of the founders yet with no better authoritie warranted than dispensations for pluralities both of them euen by act of parlement And therefore as the three seuerall Minor propositions of these his last syllogismes built vpon these vnsure and feeble grounds for the proofe of the Minor in his second syllogisme afore are to be denied so are the verie Maior propositions all thrée brought as grounds to build the other vpon as weake themselues as these which should be vnderpropped by them For the great riches of some few is no small occasion why some other doo want which might haue more plentie if all the wealth of the richest in the land were distributed abroad in the world and yet are they necessarie for the profit and conseruation of the common-weale which consisteth by inequalities as the wise doo know which may serue also for answer of his second Maior although he which by especiall priuilege hath some two liuings assigned vnto him can not properlie be said to enioy manie mens liuings or any more than that which is his owne by law The like is to be affirmed of the dispositions in last wils and testaments as though whatsoeuer did preiudice them being made to lawfull and holie vses could not be accompted necessarie to the welth and profit of the realme For if a man would deuise and bequeath to neuer so lawfull and holie vses his lands holden In capite in chiualrie or entailed or another mans lands or goods which course is allowed of by the ciuill law yet is it thought necessarie in law for the wealth and profit of this land that in some part the one and that the other should wholie be encountered So dooth the ciuill lawe disannull and reuerse a testament contriued neuer so solemnelie or to how good and godlie vses soeuer if the testators sonne be omitted or be without iust cause disinherited in it or if a some be borne within ten moneths after his death of the bodie of his wife Thus hauing as shortlie as I could run ouer his reasoning it resteth to shew that by the statute law of this land which is the iudgement of the whole church common-weale representatiuelie dispensations for pluralities are lawfull First the * 21. H 8. ca. 13. statute 21. Hen. 8. saith that men so qualified as is there prescribed may take and receiue two benefices with cure of soule by dispensation and therfore it cannot be vnlawfull But if it be answered as the Abstractor goeth about to doo that all * 25. H. 8. ca. 21. dispensations are by a later statute restrained sauing such as be not contrarie or repugnant to the scriptures intending withall this kind of dispensation to be vngodlie and against the word of God this may be refelled easilie by the preamble of the said latter statute where it is affirmed To stand with naturall equitie and good reason in all and euerie lawes humane made within this realme or induced by custome that the parlement should haue authoritie not onlie to dispense but also to authorize some elect person or persons to dispense with those all other humane lawes of this realme and with euerie one of them as the qualities of the persons and matter shall require Now the iudgment of the parlement is that the lawes prohibiting one man to inioy mo benefices are but humane agréeablie vnto that which to this end I haue set downe but namelie in the glosse last before alledged and therefore that it may be dispensed with it is hereby verie euident in that this latter statute calleth all these dispensations so authorized An ordinance by policies necessarie and conuenient and dooth againe establish the act for dispensations in these words That the same act for pluralities non residencies of benefices euerie thing therin conteined shall stand good and effectuall to all intents which they could not without manifest contrarietie newly strengthen if these prohibitions of mo benefices were not by humane law onelie but had béene prohibited also by the law of God himselfe 15. Sect. Pag. 135 136 137 138 139 140. THE Minor proposition of the third syllogisme pag. 133. that It is not for the honor and suertie of hir Highnes person to leaue any maner of authoritie for the Archbishop to dispense he goeth about to prooue bicause the statute conteineth A contrarietie and absurditie And before he come thus farre he affirmeth that this is To set an English Archbishop in the roome of the pope ouer the king and his subiects and to
will rise to a full sufficiencie But I would wish those which thinke so might be tried but for seauen yeares togither how they could mainteine themselues and what hospitalitie they would vse by the tythes offrings or contributions from some seuerall score of housholds which I could name vnto them For as at the first the chiefe of euerie priuate mans wealth consisted In pecudibus pecoribus in cattell shéepe and goates whereupon it came to be called Pecunia so about the florishing time of the monarchie of Rome the chiefest part of their wealth either consisted or was esteemed Permancipia by the number of their seruants and bondmen In somuch that this word did herevpon and by their manner of selling Per mancipationem then vsed come to signifie all their moueable goods as Praedia hereditaments signified their vnmoueables Not * L. 3. Offic. onelie saith Tullie in lands or hereditaments the ciuill law drawne from nature dooth punish ill dealing and guile but also all deceit of fellers is excluded in the sale Mancipiorum of mooueables And againe It is manifest saith * L. 3. ff de diuers tempo praescript the law that prescription of long time hath place Tam in praedijs quà m in mancipijs as well in vnmooueables as in mooueables Whereby appeareth that not the Pluralists but the Abstractor is ignorantlie or Wilfullie blind which can make by a strange Alchimie of one bondman a whole houshold and of ten of them a sufficient parish in déed fit inough to mainteine such a profound doctor as he himselfe is That which he alledgeth out of Rebuff against the practise of the Pope and church of Rome which rather in dispensations respect the vtilitie of the partie than of the church which ought chieflie to be regarded perteineth to be defended by the patrones of poperie and not to this church of England against which his forces are bent Yet it argueth both that the benefiting of the partie though not chieflie may be respected and that a dispensation may in truth tend to the benefit of the church and therefore may be lawfull euen by his owne confession 17. Section Pag. 145 146 147 148 149 150 151. THis man surelie hath a great gift of a little more boldnesse than audacitie commeth vnto which not onelie prouoketh men to the examination of his wrested racked and falsified lawes but to the hinderance of hir Maiesties seruice and that he and his conâ—ederats might in the meane time trouble the vnitie of the church would set hir Highnesse commissioners aworke one against another as the diuell in the person of Frier Rush hath béene fained to haue done amongst the couent Which as he dooth malicioustie with odious comparisons against the ecclesiasticall men in the said commission so I doubt not but withall his factious flatterie is euen lothsome and importune to all the other imploied in that commission whome he maketh Sounder and better than the ecclesiasticall men and not onelie Godlie as they are indéed but so farre foorth as though he could not bestow this Epither vpon any of the other without derogation from them Which if it be not to sowe the seeds of dissention amongst the great men of the land I know not well what may be so accompted But those ecclesiasticall men in commission whome he so sawcilie debaseth are I hope all of them so borne vp with a good conscience that they feare not either the virulent and spitefull accusations of any such Grachus or Saturnius as this is neither are they afraid to haue their dooings orderlie sifted by whomsoeuer The lawes which he would haue at his intreatie some of The commissioners to put in execution doo make void he saith euerie dispensation granted for longer time than for seauen yeares to the enioieng of mo benefices than one But if the proofes which he hath alreadie brought to prooue them Contra 〈…〉 to be vnlawfull as being against Gods lawe and mans lawe be so substantiall as he would beare the simple in hand then come in these Lawes here to no purpose euen a daie after the faire For if no law warrant them they are void in themselues without anie further respect had vnto any circumstances about their granting But a little to runne ouer his proofes The first speaketh not of dispensations for pluralitie nor of the making void of them nor of any limitation of time to inioy them or to grant them but onelie that by ordinarie course of law a man is to be resident in his benefice albeit for a time and vpon a reasonable cause the Ordinarie may dispense with him for his non residence The glosse thereof he hath falsified For it saith not that the Pope cannot but that he which FalsificatioÌ„ was then Pope did not giue faculties of perpetuall non residence such as were granted by his predecessor And he resoneth as his vse is like a deepe Logician A specie ad genus negatiuè Bicause dispensations for non residence may An absurd reason not be granted during life Therefore no dispensations at all may be perpetuall The like may be answered to the next place which speaketh not of a facultie for pluralitie but De non promouendo Whereby such as were students abroad might be suffered to reteine a benefice by the space of seauen yeares without taking anie further orders than subdeaconship which thing neuertheles the Abstractor did omit and dooth cut off with an c. But in the * c. cum ex eo de elect in 6. preface of this constitution we haue an euident example to admonish vs of the necessarie reteining of some authoritie to dispense least lawes being generallie made for publike good by occurrences falling out afterward which could not be at the first foreséene be turned indeed to the damage and detriment of the church For in this constitution it is reported how by reason of a canon made in the councell of Lyons which exacted that within one yere he that would inioy a benefice should necessarilie become préest that few or none which were learned or meant to increase their knowledge would accept of anie parochiall benefice Whervpon the Bishop of Rome was now vrged to grant vnto Bishops libertie of dispensing for the space of seauen yeares to such as would be subdeacons De non promouendo so they continued in some place of studie But what is this to the practise of our church which hath by statute no facultie in force for a beneficed person with cure of soule De non promouendo For he must needs be of a certeine age and a 13. Eliz. c. 12. deacon before he can be admitted to such a benefice and within a yeare after he must be full minister vpon the penaltie and losse of his liuing Ipso facto And yet vpon the like danger for the which it was not thought méet that this kind of facultie should be granted during life he vrgeth the cutting off at the seauen yeares end of