AN ABSTRACT, OF CERTAIN Acts of parliament: of certain her majesties Injunctions: of certain Canons, Constitutions, and Synodalles provincial: established and in force, for the peaceable government of the Church, within her majesties Dominions and Countries, for the most part heretofore unknown and unpractized. Cod. de Epis. & Cler. l. Nulli licere. ¶ Neither let them fear, to be called and suspected pickthanks, seeing their faithfulness, and diligent travel carrieth with it, as well praise, as honesty and godly zeal; having published the truth to the ears of all men, and brought it to the open light. PROVER. 31. 8. Open thy mouth for the dumb, in the cause of all the children of destruction. To the Christian Reader. THou hast seen (beloved) by long experience, a lamentable contention, to have grown and continued in our English Church, about reformation of Ecclesiastical discipline and popish ceremonies, whereby the quiet & peaceable estate, both of the Church and common wealth, have been shrewdly troubled and brought in hazard. The causes of which war and dissension, I leave to the good consideration of thy godly wisdom, only I am to entreat thee, to accept this my labour bestowed, upon the study of the laws, appointed for the governance of the same Church, hoping that by the authority of her excellent majesty, and the counsel of the honourable fathers & governors of her highness empire: they may hereafter, not only be better executed, but also, if the case so require be revisited. For were the same Laws either better known unto the whole church, either better executed by those unto whom our gracious Sovereign, hath committed their Execution, no doubt, but very many & notable points of such controversies, as have been a long time amongst us, would be easily & speedily by the same laws decided. I am not (beloved) in this so weighty a cause, absolutely to rest myself upon the skill of mine own simple judgement: only according to the knowledge given unto me, I have for my part, faithfully laboured to cite the law, for that end & purpose, whereunto I take the same to have been first ordained. And therefore I am heartily to desire thee, to accept of this my labour & travail: undertaken, not only for the defence of her highness Laws, but also for my brethren and neighbours sakes, and that peace and prosperity, might be within the walls and palaces of jerusalem: Farewell, and pray in thy spirit, for the preservation of the life of our gracious Queen Elizabeth. An Abstract of certain Acts of Parliament: of her majesties Injunctions, Canons, and Synodals Provincial: established, and in force for the peaceable government of the Church within her majesties Dominions; heretofore for the most part unknown and unpractized BY an act of Parliament, made the 25. H 8. C. 19 entitled, An act concerning the submission of the Clergy. etc. It was enacted as followeth. Provided also, that such Canons, constitutions, ordinances, and Synodals provincial, being already made, which be not contrariant nor repugnant to the laws, statutes, and customs of this realm, nor to the damage or hurt of the king's prerogative royal, shall now still be used & executed as they were before the making of this act, etc. This act is revived 1. Eliza. ca 1. Out of this act I conclude, that all Canons, constitutions, ordinances, and synodals provincial, made before this act: requiring and commanding a learned Ministry, prohibiting many benefices to be given to one man: prohibiting civil jurisdiction to be in Ecclesiastical men, and prohibiting one man to excommunicate, for that such Canons, &c. cannot be contrary or repugnant to the laws of this realm, nor hurtful to the king's prerogative, are in force, & aught to be executed: and therefore by this act, all the Canons specified in any part of my treatise are in force, & so by virtue of this act, a learned ministery commanded: Plurallities forbidden. etc. A learned ministery commanded by the Law. Ex: De elect Cap. Nihil est. NIHIL EST etc. There is nothing that may hurt more the Church of God, than that men unworthy are taken to the gournment of souls. We therefore willing to apply a medicine to this disease, decree by an inviolable constitution, that when any shallbe chosen to the government of souls, he (to whom the confirmation of his election appertaineth) diligently examine both the process of the election, and the person elected: to the end, that if all things concur aright, he may confirm him in his function. For otherwise if any thing shall be unadvisedly attempted, not only ●e that is unworthily promoted, but also the unworthy promoter himself, shall be punished: and if any man shall approve any of insufficient learning, of an unchaste life, or not of lawful age, when his negligence herein shall appear, we decree him to be punished thus, not only that he be ●uite deprived of power to confirm the next successor: but least by any means he might scape unpunished that he be also suspended from the commodity of his own benefie. Out of which constitution, these conclusions may briefly thus be gathered. 1 Whatsoever is hurtful to the Church of God, the same is to be forbidden. 2 But it is hurtful to the Church of God, to have unworthy men taken to the government of souls. 3 Therefore the same is to be forbidden. 1 He that cannot worthily execute his office, is ●ot to be admitted to holy orders, and Ecclesiastical dignities. 2 But a man of insufficient learning, & of unhonest conversation, can not worthily execute his office. 3 Therefore such a one, is not to be admitted to Ecclesiastical dignities. IF any judge the meaning of this Chapter, to be only of superior Prelates, as Archbishops, bishops, Abbots, or such like, elected by some common society of canons, Monks, Friars, or collegiat Priests, (because of these words, Election & Confirmation, properly applied to such) & not to inferior Ministers (which are properly said to be presented, and instituted:) then is such both diligently to mark the reason of the decree, providing a remedy against the detriment; that might redound, to the Church in both cases, if for both remedy were not before hand provided: And also to understand, that the name of Prelate, is by law attributed likewise to every Parson, and Vicar, having cure of souls: D. ex. de cleric aegrotant c. sua & glos. lynd. Consti de sacra. iterand. c. ignorantia vers. prelati. Quia quilibet qui praeest curae animarum dicitur esse Prelatus. Every one that is preferred to the cure of souls is named by this name Prelate: And also that election and confirmation in, and to the superior functions, have but the very same effect, to the obtaining of their promotions, that presentation, and institution, have to the inferior Ministers, for enjoying of their benefices then is such: (I say) to consider all these things, together with the end of the chapter, where special charge is given for inferior offices. And so no doubt he will forthwith conceive the truth, and surcease this surmise, for otherwise the decree following shall convince him manifestly of an error. Ex. de penit. & remissio. c cum in●…mitas. The souls is first to be cured. PRESENTI DECRETO, etc. By this present decree, we charge and straightly command, that the Physicians for the body, when they shall be called to any sick persons, they first varne, and induce, the patients, to call for the Physicians of their ●…ules, that when they shall have provision for spiritual health, they may proceed to the more wholesome remedy of bodily health, considering, the cause ceasing, the effect likewise ceaseth. Here you see the law is general, and extendeth to all in general, as well to poor gentlemen and poor parishioners, as to greasy Monks, Friars and Canons, seeing the souls of both, may be infected, and the reasons may be thus gathered. 1 That which is most precious is first to be cured, and that which is spiritually diseased, is spiritually to be cured. 2 But every man's soul is most precious; and every man's soul is spiritually diseased. 3 Therefore every man's soul ought first to be cured: and every man's soul ought spiritually to be cured. Out of which conclusion followeth this consequent, namely, sithence every soul is spiritually infected, & every soul spiritually infected, must be spiritually cured, that therefore every soul ought to have a spiritual Physician, able to apply a spiritual medicine, and to cure his spiritual disease: otherwise it were absurd, to command, that spiritual diseases should be healed, without spiritual physicians appointed to that purpose. But this is too too plain; we will proceed. Ex. de aetat. & quali. c. penult. cum SIT ARS ARTIUM, etc. Considering the government of souls, is an Art of all Arts, we straightly command, that the Bishops, either by themselves, or by other fit men do instruct or diligently inform, them that are to be promoted to be Priests, touching holy offices and Ecclesiastical Sacraments, how they may be able, rightly to celebrate them. For if they shall henceforth presume to ordain such as are unskilful, and ignorant, we decree that both they that do ordain, and they that are ordained, be subject to grievous punishment. For it is a thing more holy, especially in the promotion of Clergy men, to have a few good Ministers; then a great many evil, because of the blind, lead the blind, they both shall fall into the ditch. 1 Unskilful and ignorant men, ought not to be admitted to an office, wherein greatest knowledge and cunning is required. 2 But to the government of men's souls, greatest knowledge, and greatest cunning is required. 3 Therefore to the government of the souls of men, unskilful and ignorant men are not to be admitted. THe first proposition is proved by two reasons, the one à comparatis by a comparison: the other ab eventu, from the event. The second proposition, is the reason of the law itself, because the government of souls, is ars artium, a cunning past all cunninges. The former reason, which is by way of comparison is evident. It is a thing much more holy to have a little good than much evil, Whereunto agreeth that which is written in the 23 distinction chap. tales. Tales ad ministerium eligantur clerici, qui dignè possunt, etc. Let such clerk be chosen unto the ministery, which may worthily handle the lords Sacraments. For it is better to have a few Ministers, which may worthily exercise the work of God, than many unprofitable etc. In Cod. De veter. lure enuclea. l. 55 contrarium. Authen. De table col 4. Authen. De referen. in sine. coll. 2. And in like case the Emperor. Melius est pauca idonie effundere, quam multis inutilibus pregravari, & melius est pauca agere caute, quam multis periculose interest: & multitudo on erosa, nihil habet honesti. It is better to utter a few things aptly, then to burden men, with man● things unprofitably: And it is better to do a few things warily, then to be conversant in many things dangerously. And a multitude altogether burdensome, hath no show of honesty. And again, the Canon concludeth, Tutius-est ea sine periculo ex necessitate quae legem non habet omittere, etc. It is more safe to omit those things without danger, upon necessity which hath no law: then that through rashness condemned by law, they should not without great danger be vainly conferred. Whereas a certain shadow only may appear in the deed but no truth follow in effect. All which principles by common experience, are so well & familiarly known unto every one of us, that they need few colours to paint them out. For as touching our food and diet, our furniture & apparel: our pastimes and pleasures: our business and affairs, we can every mother's son, deem it far better, to have a little sweet and wholesome meat cleanly dressed, than many dishes unsavourly seasoned: that a woman fine and neat in simple attire, is more to be commended, than one ungainely appareled in sumptuous robes. That a man were better to keep one proper horse, or one high flying Falcon a kilduck, than ten resty jades, or ten bangling buzzards. That one discreet, painful, and diligent servant, will do his master more honesty, and get him more lucre and advantage, than twenty idle and loitering merchants. And can we be so provident for our bodily sustenance: so vigilant for our earthly pleasures, and so circumspect for our worldly affairs: and shall we be altogether blocks, and without all sense of understanding, what is most healthful, most pleasant, and most profitable for our souls? Can we be wise touching the affairs of this life, and shall we be foolish for the life to come? Can we be heedful, for matters momentany, and of no value, or continuance: and shall we be heedless, in matters of eternity, and such as concern our beatitude for ever? If any man think that a few good ministers, will not serve to bring the people of God, unto God: will he therefore conclude, that he may lawfully appoint many Ministers of the devils culling, to bring them to the devil? The second reason is taken from the sequel or event which might happen, if remedy were not sought. If the blind lead the blind, they both shall fall into the ditch. 15. Distinc. & nomine Constitutio. Otho. quam ad venerabiles. And it hath many other grounds and conclusions of law, to sound itself upon: namely. Talis debet eligi, cuius comparatione, caeteri grex dicantur. Et minister, debet esse forma gregis, ad quam se debent subditi reformare: & debent esse ministri in exemplum, quasi signa posita ad sugittandum. Such a man ought to be chosen to have the charge of a flock, in comparison of whom the multitude he hath to govern; may in deed be called a flock: and the minister, aught to be the form of the flock, whereunto the inferior sort ought to reform themselves: and the Ministers ought to be examples & as marks for others to shoot at. These grounds, and reasons, amongst the greatest part of our Ministers, have had no place or entertainment at all, but are utterly turned topsy-turvy. For where by these Maxims, they should be seers: where they should go, and step before others in knowledge, as guides to conduct them: where they should for their piety, and honest conversation, be patterns for others to square out their actions by: where they should be marks, for people to aim, and shoot at, they be now for the most part, clean contrary, even the very tailinges, and garbage of the people, and such as can scarce say B. to a battledore. Marks in deed to aim at, but such as the nearer a man should shoot at, the more it would be his hindrance. Examples in deed they be, but alas such examples, as it ruth, good men to see, how many by them are drawn to ungodliness, and unhonesty, to Alehouse haunting, to dicing, to table playing, to Carding, to bowling, to bearbaiting, yea and that on the lords day too: But I say, that notwithstanding these things be thus abused, yet the law prescribeth still how they should be better used, as followeth. Li. vi. de elect c licet. Canon. LICET CANON, etc. Although the Canon of Alexander the third our predecessor, among other things did ordain, that none should take upon him the government of any parish Church, unless he had accomplished the age of 25. years, and were commendable for his knowledge and honesty: yet because in the observation of the foresaid Canon, many have showed themselves negligent. We by execution, of Law, willing to supply their perilous negligence, ordain by this present decree, that none be admitted to the government of any parish Church, unless he be fit for his manners, for his knowledge, and for his age. And again, INFERIORA MINISTERIA, etc. Let no man take upon him, the inferior ministries: as a deanery, an Archdeaconry, and others that have cure of souls annexed; neythar yet the charge of a parish Church, unless he have accomplished the age of 25. years, and be to be approved for his knowledge and conversation. These constitutions do expressly prohibit any person to be admitted to the government of souls, and so to any parish Church, that is not qualified (as you here) & why? Non convenit talem aliis praefici in Magistrum, qui nondum se novit esse discipulum. It is unseemly that such a one be appointed a master over others, which as yet hath not known himself to be a disciple. And again. 49. Destinc. cap. sacerdotes. Authen de sanct. epis §. Damus. ff. De ●…curio. L honores. 3 cap. distinc. § Glos. consti. Otho cum sit ars. Debet promotus esse literatus, quia cum ipse debet alios docere, non debet ipse discere. He that is promoted aught to be learned, in as much, as he taking upon him to teach others, himself ought not now to learn. And again. Honours & munera non ordinationi, sed potioribus iniungenda sunt. Honours and offices are to be given to the best approved, & not to an ordination alone. And again. Debet promotus omni poscenti reddere rationem. He that is promoted aught to give a reason to every one that asketh. And again. Cura animarum debet vigiliis onerosa esse, & sollicita, ut iste cui committitur, curet ne pereant subditi, sed saluentur. The charge of souls ought through watchfulness to be painful and careful, that he to whom it is committed be diligent to foresee that the people perish not, but rather that they may be saved. And again. 8 q. 1. Licet. ergo. Et qui doctior est & sanctior, est eligendus. And he that is the more learned and the more holy, is to be chosen. And even upon the self same reason: namely, that the souls of the people, should not be in peril for want of teaching: It is ordained that no Church with cure of souls, should be destitute, above a certain time prefixed and limited, for the provision of some man able to guide the people. Ex De elec. Ne pro Defectu. NE PRO DEFECTV, etc. Lest for want of a Pastor the ravening Wolf should destroy the Lord his flock: or that a Widow Church, should suffer great hindrance in her substance: we willing in this case, both to meet with the peril that might happen to souls, and also to provide for the indemnities of the Churches, do ordain that a Cathedral Church or regular Church, be not void above three months. Peril of souls, the cause why a time is limited, for the placing of a Pastor within certain Months. And again, even for the self same causes and considerations in the Chapter. Nulla ex. de concessio. prebend. And in the Chapter. Quoniam ex. de iure patro, It is commanded that if a lay man, or Clergy man, Patron of a benefice, present not his Clerk, the one within six months, the other within four months: That then afterwards it shall and may be lawful for the superior to supply their negligence, and to place one able to go in, and out before the people, to guide them, to teach and instruct them. They who by usurpation exercised authority over the lords people, did in the time of darkness so carefully provide, that the people under their pretenced government, should not be unprovided, (as they imagined of a seer) to foresee the danger that might ensue towards the souls of the people, above the space of four, or at the most of six monethss. What excuse now remaineth, for them that challenge the like authority over the people of the Lord, in the time of this great light, and manifestation of his son: suffering many thousand flocks to want shepherds, and so to be in danger of the Wolf: not only six months, but now almost six and twenty years, for so long as they want a shepherd, so long are they in danger of the Wolf: but they want a shepherd, so long as they want one able to govern them, to exhort and to admonish them, to rebuke and comfort them. ff. De verb. signi. l. aedificium: §. profecisse. Paria enim sunt omnino non fieri, aut minus rite fieri: qui minus soluit, non soluit, perficisse aedificium videtur, qui ita statuit ut in usu esse possit. It is all one in effect whether a thing be not done at all, or not rightly and duly done: He is said not to pay at all, which payeth less than is his due to pay: And he is said to have perfected a building, which hath so framed it, that it may be inhabited. Peril of soul's cause of renunciation. And again, for this purpose, even to avoid the peril of souls, the Law provideth, that if any man through want of foresight of the weightiness of the office, unworthily have taken upon him the government of any Church (a burden too heavy for him to bear) he may forthwith forego and renounce the same, both so to be disburdened himself, and that the Church also might be furnished, with some able man, to supply the necessity thereof. Ex. de prebend. c. venerabilis. PRO DEFECTV SCIENTIAE, etc. For want of knowledge a Man may desire session: For where as knowledge is chiefly necessary about the Administration of spiritual things, and also behoveful about the charge of Temporal things, let it be lawful for him that hath charge to govern the Church in these thingts, to renounce the said Church in case he have no knowledge whereby he may govern the same. For (sayeth the Lord) thou hast rejected knowledge, and therefore I will reject thee, that thou be no Priest unto me. Hence may be gathered two arguments, the one to prove the necessity of knowledge in a spiritual Pastor: the other to prove a lawfulness for the renouncing of that, which without great prejudice and hurt to himself and others he, can not retain. 1 He that taketh upon him the administration of spiritual things, must have the knowledge of spiritual things. 2 But he that taketh upon him the government of the Church, taketh upon him the administration of spiritual things. 3 Therefore he that taketh upon him the government of the Church, must have the knowledge of spiritual things. 1 It is lawful for every man that taketh upon him a charge or function, without knowledge how to govern the same charge, to forego and for sake the said charge or function: 2 But every unlearned minister having a charge, as without knowledge how to govern the same his charge: 3 Therefore it is lawful for him to renowce his said charge. ANd again, even to avoid the peril of souls, and that neither age, neither any bodily disease or impotency, should be any occasion or hindrance to the people, from having and enjoying the benefit of a teacher, the law provideth in this case, also as followeth. 7 q. 1. Petisti PETISTI, etc. Thou desirest that for thy age growing upon thee, and thy bodily infirmity, thou mightest without advise in the same seat, where thou governest, place one in thy steed: but we (God being our helper) give counsel to thy holiness, that for the help of reasonable men's souls, (Christ being thy guide) thou do not leave these which thou obtainest, in the Church of Mensae, but if the Lord according to thy request shall give unto thee a perfect man, who may take upon him the care for the health of souls, thou shalt ordain him Bishop in thy place, and he shall be in the Gospel committed unto thee, and in bearing the ministery of Christ, in every place shall visit and comfort the Church of God. All which Canons and constitutions being made & published long sithence, are again confirmed, ratified and allowed by latter constitutions, decrees, and ordinances, as followeth. Ex. commu. de Praeb & dig c. Ad regimen. AD REGIMEN, etc. Although we by disposition from above, unworthily called to the government of the universal Church as we ought, so have we in our desires, that by our endeavour and diligence, fit men be taken to the regiments of Churches and Monasteries, and other Ecclesiastical benefices, according to the divine pleasure, and our purpose and intent, which might rule and profit the Churches, Monasteries and the foresaid benefices to be committed unto them. And again. Clement. de aetat. & quali. c p. 1. cum ECCLESIAE. etc. For as much as the churches whereunto unfit persons in knowledge, manners, or age, are preferred suffer for this cause (as experience teacheth in their spiritualities & temporalities) oftentimes great detriments: we willing that this thing, by the diocesanes of the places, unto whom this charge, by reason of their office appertaineth, be more diligently foreseen: straightly enjoin that they themselves more diligently observe, and cause inviolably to be observed by their subjects, such canonical constitutions, as have hitherto been published for the preferring of persons unto such Churches, if they will avoid the displeasure of God, and the punishment due by the Apostolic sea. And not only these Canons established and confirmed by the Pope's Act of Parliament, but even our own provincial constitutions made long sithence, for the realm of England, have ordained and established a learned ministery, & appointed an able and fit state of Clergy men, to be had through out the whole Empire and Dominions of her Majesty. The tenor of some of which constitutions followeth. Otho. constitu. cum sit ars. §. exigit. First. Exigit namque ars nostra catholica, ut sit unicus in una ecclesia sacerdos, alias magister perfectus, ordine & habitu, vita sancta, scientia, & doctrina. For our Catholic religion requireth that in one Church there be one Priest, otherwise called a perfect teacher, in order and habit, in holy life, in knowledge, & in doctrine. Secondly. Absque magistro preterea ecclesia desolata manet sape die nec persona in ea, nec saltem vicarius perpetuus invenitur, sed aliquis forte simplex sacerdos, de vita, sancta, scientia, & doctrina est ei nimis modica heu cura: without a master the church oftentimes remaineth desolate, having neither parson nor any continual vicar, but perhaps some silly ignorant Priest: but as touching their holy life, their knowledge and their doctrine (alas) there is too too little care had. Otho. const. cum sit ars. §. absque. SACER ORDO. etc. A sacred order is to be conferred to him that is most worthy, to the end that by him the other sacraments might be ministered. Wherefore, since it is a thing very perilous to ordain men unworthy, Idiots, Illegitimate, irregular, persons unlearned, persons: vagrant, and such as have not any certain or true title indeed: We ordain that before the conferring of orders, diligent inquisition & search be made by the Bi. of all these things. Which constitution, whether it be observed or no, I refer the reader to the directions of the By. Canons: Wherein they manifestly tell us, that they proceed first, & inquire afterwards: that they first give the minister a charge, appointing him to teach, & afterwards send him to the Archdeacon's or his officials court to learn, as is manifest in their Canons, published in the year of our Lord. 1571. Title Archdeacon: & also in the advertisements. Title ecclesiastical policy. Wherein they have not attended the meaning and intent of Law, which always requireth. Bart. in l. si quis posthumos. § filium. nu. 3. ff. de li. & posthu. ff. de. minor. l. de. aetate & de feriis lc. 2. qualitates adsint eo tempore, quo dispositio sumat effectum. That qualities must then be had, when the disposition taketh effect. qualitas testis attenditur tempore quo deponit. As the quality of a Witness is then to be considered, when he is deposed. Again, Quando quaeritur de aetate, quae est talis, quae reddit personam inhabilem, adiudicium exercendum, Bene potest de hoc quaeri, ante omne judicium. When there is any Question of such an age, as maketh any person unable, to exercise judgement, this aught very well to be inquired of, before all judgement. In like manner I say, considering certain capableness, & special ability, by virtue of divers qualities, wherewith ministers ought to be endued, is necessarily required, to be in them at the time of their ordering, that therefore by law, they ought not to be ordained, unless the said qualities be found in them at the time of ordering: & if any other preposterous order be used, that therefore the whole actions, are void & frustrate. For where by disposition of law, a certain form & prescript order is limited, there if any inversion or preposteration be used, all is clean marred. And why? because you follow not the direction of your Letters patents: you exceed the bounds of your commission, & pass the limits of your jurisdiction, the Law making you adjudge, to do that, & that, after that, and that manner. You make yourself no judge by doing after your own fancy, thus, & thus, after this, & this manner, without any commission. And where you were by a public consent, of a public magistrate, made a public person to execute a public law: you make yourself a private person, by putting in practice, a private devise. ff. de receipt. arb. l. non distinguendum §. de officio. Non ergo arbiter quod libet statuere poterit, nec in quaere libet, nisi de qua compromissum est, & quatenus compromissum est. Therefore an Arbiter, cannot determine every thing, as he will, nor in what thing he will, but only that thing whereof the compromise is made, & according to the form of the compromise. ff. Si a non competeti iud. l. 1. judex ad certum rem datus, si de aliis pronunciavit, quam quod ad eam rem pertinet, nihil egit. A judge appointed to one special matter, if he pronounceth any thing impertinent to the same, he hath lost his labour. ff. de procurat. l maritus Maritus id solum exequi debet. quod procuratio emissa praescripsit. A husband, that is proctor for his Wife, ought only to execute that, that his proxy prescribeth. And the reason is this, A learned Ministry commanded by the Civil Law. Fines mandati sunt diligenter obseruandi. The bounds of a commandment are diligently to be kept. Neither are the imperial laws barren & void of the like holy functions, but exhibit unto us the self same provisions as before: namely, that men holy and religious; men furnished with the best gifts & graces, should be preferred to the sacred ministry. Cod. de epis. & cler: L: si quoniam. Nemo grad●… sacerdotis, venalitate pretii mercetur, quantum quisque meretur, non quantum dare sufficit estimetur. Let no man make merchandise, or buy the degree of a minister, every one ought to be esteemed by his merits, & not by his money. Again. Authent. De Sanctis episcop. §. clericos. coll. nona. CLERICOS AUTEM, etc. We do not otherwise suffer clerk to be ordained, unless they be learned, & have a right faith and an honest life. But if holy rules shall forbid those which are chosen by others, as unworthy to be ordained, then let the most holy Bishop, procure to ordain whomsoever he shall think meetest. Note that by civil law, a bish. may not ordain a minister, unless the people choose an unworthy man. And thus common law, provincial law, civil law, and statute law, (for our statute laws have ratified these laws) pronounce all with one voice and one consent, that our dumb and silent Curates, and stipendaries, have no approbation or allowance, no favour or entertainment from them, or by their authority. Why? What shall we say then, or how are they allowed then? I will tell you. Certain perverse, conceited, and selfeweaning men, soothing themselves, and fostering their dotages and fond affectious errors, with these rules of law, Non requiritur summa perfectio: and that Sufficit mediocris scientia, A perfect knowledge is not required, and a mean knowledge is sufficient. ff. De aedil. edict. le. Sciend. § Illud & le Si quis venditor. Ex. cap. cum. Nobis. olim de elect. Imagine these our Sir john's, the very Asses of our schools, having approbation from some Bishop, by whom they have been tried and examined to have (as they term it), Competentem quamuis non eminentem scientiam, competent, Though not eminent knowledge, may notwithstanding the former provisions, lawfully take themselves for true ministers, and be reputed by others for lawful possessors, in, and to those places, whereunto they are admitted. Answer to the objection of a competent knowledge. Whereunto I answer, that the ignorance of these terms and words of law, Namely, Summa perfectio, mediocris & competens scientia, Is the ground of this error. And therefore it resteth briefly to view, what manner of learning and knowledge, by justice and equity of law, may be and is reputed, mean, competent, and sufficient, for him that shall take upon him a pastoral charge, wherein also if our bare mumbling ministers shall be found culpable, they are then by definitive sentence, on the part and behoof of the law, not only to be adjudged guilty of voluntary intrusion into the right and possession of others, but also to be punished for taking upon them offices, without any lawful calling. IGNORANTIA MATER, etc. Ignorance the mother of errors, is specially to be avoided in the Ministers of God, which have taken upon them the office to teach amongst the people of God. Let the ministers therefore be warned to read the holy scriptures. Paul the Apostle willing Timothy to attend to reading, to exhortation of doctrine, and always to abide in them. Let the ministers therefore know the holy scriptures, & let all their labour consist in preaching and doctrine, & let them edify as well in knowledge of faith, as examples of good works. The Ministers must know the Scriptures, and preach. Out of which chapter these conclusions may be gathered. First that ignorance of the word of God is especially to be avoided of every minister as before. Secondly, with what knowledge every minister ought to be qualified. 1 A teacher of God's word, must especially avoid ignorance. 2 But a minister is a teacher. 3 Therefore a minister must especially avoid ignonoraunce. Neither is here small store of little knowledge, such as wherewith our reading ministers are furnished, but such whereof express mention is made in this decree, and may necessarily be concluded thus, 1 Whosoever taketh upon him the office of a teacher, amongst the people of God, ought always to attend to reading, to exhortation, and to dwell in the same. 2 But the minister taketh upon him the office of teaching amongst the people of God. 3 Therefore he ought to attend to reading, to exhortation, and to dwell in the same. 1 He that hath taken upon him the office of a teacher amongst the people of God, aught to bestow his labour in preaching and in doctrine. 2 But a minister hath taken upon him the office of a teacher. 3 Therefore he ought to bestow his labour in preaching and in doctrine. Whereunto agree divers other decrees, following. THe reason why a Prior should have knowledge and be learned, is, for that the law chargeth him with cure of souls. Ex. de statut. Monacho. c. cum ad Monasterium § prior. PRIOR AUTEM, etc. Let the Prior in comparison of the rest, next after the Abbot, be a man of power, as well in deed as in word, that by his example of life, and word of doctrine, he may instruct his brethren, in that which is good, and draw them from evil, having zeal of religion according unto knowledge, both to correct and chastise offenders, and also to comfort and cherish the obedient. Out of which constitution I conclude thus, à similibus ad similia, From like unto like. 1 Whosoever cherisheth and comforteth the obedient to the faith, and correcteth or improveth the disobedient, must be mighty in word & deed. 2 But every minister ought to cherish and comfort the obedient to the faith, and to correct and improve the disobedient. 3 Therefore every minister ought to be mighty in word and deed. ANd therefore sithence both in this and in the former constitution, the law maker abused the word of the Lord, and apply it to have the people taught false religion, I mean popish religion, for that was the intent of the decrees: And seeing the Chaplain of the devil, apply the truth to establish his devilish doctrine, and under colour of verity, were so careful to feed the souls of them that bear his marks, with error, superstition and false religion, popish religion: Seeing I say, the superstitious lawmaker was so careful for his superstitious time: Our chief Prelates, who have not yet abandoned the policy of this traitorous lawmaker, as perilous for the government of the state of the lords household, over whom they challenge the government, but with tooth and nail maintain this his policy to be a policy meet for the lords servants to be guided by: what can they answer in the defence of their wilful disloyalty to the lord in this behalf? The law which the enemy unto the Lord, did make in the time of popery, for maintenance of popish procurations, popish dispensations, popish ceremonies: popish non residentes: popish excommunications: popish visitations: popish payments of oblations: popish courts of faculties: popish licences: the very same laws, and the self same ordinances, to serve their own turns, they turn to the maintenance of their prelacies, dignities, and ministries under the Gospel. A reason of these their doings, if they were demanded, I conjecture would be this: namely, that a law appointed by the adversary to abuses, having good grounds, may be applied to good uses: & that it is not executed now, any more as the popish law, but as the law appertaining to her highness crown and regal dignity, being established by the high Court of Parliament. Wherein touching the former, they said somewhat, if the matter did consist, inter pares, and that the most highest, as it were accusing him, that he had not dealt faithfully in his father's household, giving them as perfect a law for the government of his household by discipline as by doctrine: And yet by their leaves, why then should not this law of the enemy last specified, nay rather now there own law, having better grounds, and better reasons, for the validity thereof, than the laws mentioned before, concerning their prelacies and dignities, etc. Why (I say) should not this be as available with them now, to exhort the people unto the truth, as it was with the idolaters, to exhort unto lies: to dehort now from popery, as it was then from the Gospel: to instruct men now in the true knowledge of Christ, as it was then to teach men the knowledge of Antichrist: to correct offenders now, against piety and holy religion, as it was then to correct contemners of impiety and profane religion: to comfort and cherish the obedient now to the faith, as it was them to comfort & cherish the disobedient to infidelity, & Paganism. Touching the acts of Parliament, sithence they challenge by them immunity, for the confirmation of their abuses: it were requisite for them to give the servants of the Lord leave a little to challenge as great a privilege, by the same, for the establishment of the right use of things thorough their default, yet amiss & out of frame with us. If the cause of the former, in truth & verity, be as good as the cause of the latter, in show & semblance only yea if it be far better (for theirs in truth is stark nought) and the law authorise for the one in deed that, that the same law in appearance only approveth for the other. If for their fellow servants sakes, they will not be more favourable unto their Lord and master's cause: yet were it expedient for them to be entreated to be more favourable, to the justice and equity of their own laws, then continually, by placing unable men in the ministry, thereby as it were accusing the same of imperfection, and in sufficiency, as though it tolerated any such thing, when as in truth, it doth nothing less, evermore speaking as followeth. Extra: Cum: de privilegiis. c. inter cuncctas § verum quia VERUM QVIA, etc. But because after baptism, amongst other things, the propounding of the word of God, is most necessary unto salvation, whereby the hearers hearing that which is our victory, be instructed in the faith, be taught to flee things to be avoided, and to follow things to be followed, by which, such as by sin are fallen, do rise again, we have great care that such brethren be promoted, which by sweet oil of the word may comfort our subjects, may forbid them sins, may nip the wounds of their sins by reprehension, and may provoke and induce them to purge and wipe their offences with bitterness of repentance. Unto the execution whereof, the knowledge of the law of God is required, the integrity of life and soul is to be had. For it is written. Thou hast refused knowledge, and I will refuse thee, that thou be no Priest unto me, because the lips of the Priests keep knowledge, and they search the law at his mouth. For otherwise he can not as his duty is, discern between sin and sin, etc. All which decrees of themselves, are plain and sufficient enough, to impugn and overthrow all opinions whatsoever vainly conceived against the provision, and validity of law, authorizing, or ratifying (as it is untruly surmised) either any unpreaching, and unlearned ministery, or any undiscreet unhonest, or ungodly persons, to execute any offices in the Church. For by these decrees (established first by the enemy of true religion, for the planting of his superstition, but now turned by our policy from that use, and made a law for the government of the Church) are so many special proprieties of a true pastor, so substantially pointed out, that none, without too too great immodesty, may in any wise affirm the law to be defective herein. Whereunto our english constitutions and synodals provincial, may be annexed, as directly and evidently proving, with what manner of competent & convenient knowledge every minister ought to be adorned. Prou: gu. lined de offi. archipres. ignorantia sacerdotum. PRECIPIMUS (saith the provincial constitution) VT QVILIBET Sacerdos plaebi praesidens, quater in anno: hoc est semel in qualibet quarta anni, die una solemni vel pluribus per se vel per alium exponat populo vulgariter, absque cuiusque subtilitatis textura fantastica 4, fidei articulos, decem mendata Decalogi, duo praecepta Euangelii, etc. We command that every priest precedent over any people, fourtimes every year, that is to say, every quarter of the year, in one or more solemn days, by himself or some others, expound unto the people in their vulgar tongue, without any subtlety, the four Articles of the faith, the ten Commandments, the two precepts of the Gospel, etc. Here are you to see the particularities laid forth, wherein every minister ought to be exercised, how often, how plainly and sincerely he ought to teach. Wherein our fathers in time of ignorance and superstition, were more zealous, than we in these days of the true light and knowledge of the Gospel. Quarter sermons from whence they came. For from hence quarter Sermons, now amongst us, have crept in and had their beginning, though now fostered with greater corruption, then in those former days they were. For proof whereof the Reader shall understand, that these words, Semel in qualibet quarta anni, die una, solemni, vel pluribus per se vel per alium. In every quarter of the year, in one or more solemn days by himself, or some other have not this meaning, that it was sufficient, for the precedent of the people, absolutely by an other, four times in the year only, to preach & to instruct the people, as it is now a days amongst us practised: but the meaning is, that the Articles of the faith, the ten Commandments, the two precepts of the gospel, etc. should in deed all of them be expounded, and made known unto the people four times in the year, and that in four several solemn days, if it were so possible. But because the law maker did foresee, that it was impossible, that with any fruit, this so great a work, could be finished: therefore both to take away all cavilling from the people, who might think it sufficient to have quarterly Sermons: and also to the end the pastor might be kept in a continual exercise of his duty, this Pluribus was added, to the intent that the whole doctrines might once every quarter, be wholly expounded: Glossa ibid. So that semel is not here taken for simul, that these doctrines should once every quarter, altogether and at one time alone be taught, but that they should be once every quarter at particular & several times: particularly, and severally be taught: for so, though they be at many times, particularly taught, yet in the whole, they may be said to be but once in a quarter wholly taught. And these words. per se vel per alium, by himself or by another, have another manner of exposition than a great many understand or think them to have. For it is commonly thought sufficient, that these words, per alium (by another) be understood, in case the pastor himself be altogether ignorant. But the meaning thereof, only is thus. Ex. de offi. iudi. ordin. c. inter caetera. cum CONTINGAT quod Episcopi propter suas corruptiones multiplices, vel invalitudines corporales aut hostiles incursus, seu occasiones alias (ne dicamus defectum scientiae, quod in eyes reprobandum est omninò, nec de cetero tollerandum) per se ipsos non sufficiunt ministrare verbum Dei populo, etc. If the Bishops for some necessary business, or bodily infirmity, or hostile invasion, or other occasions (we will not say for want of learning, which is to be reproved in them, and hereafter not to be tolerated) can not by themselves minister the word of God unto the people, that then it shall be lawful for him to choose some other fit person to supply his room. A Bishop ought personally to visit his Diocese, and an Archdeacon his Archdeaconry, & yet neither of them both, aught to visit by another, unless he be Infirmus vel aliter ligitimè impeditus, quo minus possit personaliter visitare. Glos. linw. cle. cens. c. 1. verb. rationabili. Diseased, or have some other lawful impediment, so that he cannot visit in his own person. And it is concluded in the case of residence, that one bound to keep residence, must keep it by himself. Ex. de cleri. non residen. c. conqueranti. Et quis debet residentiam facere per se non per alium, & nisi fecerit, potest privari. Moreover it is directly forbidden, that the office of preaching, should be deputed to any other. The office of preaching may not be deputed to others. CETERUM SALVO, etc. But saving the Legate of the Apostolic sea, let it be lawful to no man, to whom it shall be commanded to preach the cross, to excommunicate, or absolve any, hereafter to commit the same things to others, because not any jurisdiction, but rather a certain ministery, is committed unto him in this behalf. All which things, are more at large manifested by the last chapter of the former title in Lindwood, where the Priests are commanded to be diligent teachers of God's word, that they be not accounted dumb dogs. The words of the Chapter are these. PRAESENTIS CONSILII, etc. By the final determination of this present counsel, we have straightly enjoined, that Parsons and Vicars, labour to inform the people committed unto them, with the food of God's word, according to the measure that shall be inspired unto them, that they be not worthily adjudged dumb dogs, seeing that with wholesome barking they chase not away the biting of spiritual Wolves from the lords sheepfold. And the reason of this provincial is, derived from an other decree. Extra. de offi. iud ord. inter caetera. INTER CAETERA, etc. Amongst other things belonging to the salvation of Christian people, the food of the word of God, is known to be most necessary for them, because that as the body with material, so the soul with spiritual food is nourished, for man liveth not by bread only, but by every word that proceedeth from the mouth of God. And that this, and the former, might be diligently executed, to meet with the carelessness of Pastors in doing their duties, there is a special ordinance, made for the inquisition of the offenders, here in as followeth. johan: Peccham de office arc●… DE PUBLICATIONE ARTICULORUM, etc. Touching the publication to be made of such articles, whereby a man forthwith doth incur sentence of excommunication, let the Archdeacon's make diligent inquisition, & as often as they shall find the Elders, not to have preached, or published at the times appointed the moral instruction of the 14. Articles of faith, the 10. commandments of the decalogue, the 2. Commandments of the Gospel, etc. so often let them rebuke them, and by chastisement, and some canonical punishment, compel them to supply that which rashly they have omitted. Competent knowledge is a knowledge to preach. Hence may aptly and necessarily be inferred, that he may be said to have a competent knowledge, that hath knowledge to preach; otherways not preaching, should not be punishable. And to this end tendeth that which is written before: namely Exigit ars nostra catholica, etc. Our catholic religion requireth, that in one Church, be one perfect teacher, in knowledge and doctrine. And as the gloze in the same place saith. Glos. ibi. ver scientia. Absit ergo quod sic prefectus sit, ut ad literum dicere possit illud. Hier. cap. 1. a a a, Dominé Deus nescio loqui, quia puer ego sum. God forbidden that he should be so perfect, as that by rote he were able to say, a a a, Lord God behold. I cannot speak because I am a Child: but this perfection ought to be such, as the gloze telleth you in the same place in these words. Glos ibi. ver absque magistro. AD MAGISTRUM, etc. To a master or teacher pertaineth that which is written in the sixth of wisdom. I will bring wisdom into light, and will not keep back the truth. And in the same book, the 7 chapter. As I myself learned unfaygnedly, so do I make other men partakers of her, and hide her riches from no man, that that may be verified of him, which is written in the 28. job. He searcheth the depths of the floods, that is the secrets of the scriptures: and the thing that is hid, bringeth he to light. And Rebuff affirmeth, that Penitus illiterati dicuntur, qui nesciunt ossicium facere, ad quod tenentur. They are said to be altogether unlearned, which cannot perform the duty whereto they are bound. And the gloss upon the law in the Code saith, that they be not Deans, which hasten to be called Deans, and be not Deans, when they do not the office of Deans. Her majesty also by her injunctions hath ratified and commauded the same: for as much (saith she) as in these latter days many have been made Priests being children, & otherwise utterly unlearned, so that they could read Matins or Mass: the ordinaries shall not admit any such to any cure, or spiritual function. Wherefore in as much as by these ordinances it is evident, that every minister to whom cure of souls is committed, ought not to err or be ignorant in the word of God, but aught always to attend to reading, to exhortation, to preaching, to doctrine, to edification, to be of power in word and deed, to instruct, to inform, and to comfort, to rebuke, to reform, and to correct, to expound the Articles of faith, the ten Commandments, and to teach other holy doctrines, concerning the love of God, and the love of our neighbours, to be able to make others partakers, of the riches of Wisdom, and to bring wisdom into light, and not to keep back the truth: In as much I say, as by the laws of our government, the Ministers, of the gospel ought to be endued with such qualities, and beautified with such graces: Let every one cease to maintain any competency or conveniency of learning, to be in our dumb and unpreaching Ministers: For let them read and read till their lips be tired, and their eyes blinded, they shall notwithstanding by their bare reading, ordinarily be no instruments of the holy Ghost to work faith in the hearers. Nay, they rob the holy Ghost of his proper honour and office, whereby he inspireth the preachers of the Gospel, with the spirit of wisdom in good measure and proportion, to break unto the hearers, meet and convenient food for their souls. For how shall they call on him, in whom they have not believed? And how shall they believe in him, of whom they have not heard? And how shall they hear without a Preacher? And how shall they preach except they be sent? As it is written, How beautiful upon the mountains are the feet of him, that declareth and publisheth peace? That declareth good tidings, and publisheth salvation, saying unto Zion, thy God reigneth? And as touching the Idol ministers themselves. Besides those reasons, there remain many other very necessary for them diligently to look into, that so understanding their own desperate estate, they may more willingly, and dutifully, yield themselves to be reformed, and to shake off those rags under which they now shroud themselves. They are diligently to hearken unto the Canon of Gregory against them. 1. q. 1 c. Si quis neque. Si quis neque sanctis pollens moribus, etc. If any, neither adorned with holy manners, neither called by the Clergy, and people, or constrained by compulsion, thorough love of his own heart, or filthy entreaty of his lips: or for fellowship, or servility, or fraudulent reward, and not for gain of Souls, but puffed with desire of vain glory, shall take any Bishopply or priestly dignity upon him & shall not, even of his own accord leave the same again in his life time, but suffer sudden death to take him unrepentant, without all doubt he shall perish for ever. Secondly, ordo non solum gratia suscipientis, sed etiam altorum confertur. Glos. in constitu. Otho. de scruti. in ordin. ver. ad. An order is not conferred, for his sake only that taketh it, but also for other men's sakes. A minister, is not called to minister to himself, but to others, to labour for himself, but for others, to be served himself, but to serve others: And the Lord came not to be fed, but to feed others. Thirdly, Periculosum est ipsi ordinato quia tanquam mercinarius se ingerit, non ut pastor. It is dangerous to him that is rodeyned, because he rusheth in as an hireling, not as a shepeard. Fourthly. Periculosum est subditis, quibus sacramenta ministrare, & quos curare deberet, ne diversimode inficeret eosdem moribus, & exemplo. It is perilous for the people under him, to whom he ought to minister the Sacraments, and whom he ought to heal, that he diversly infect them not, with his manners, and examples; for that Diluere aliena peccata, non valet is, quem propria devastant, He cannot put away other men's sins, whom his own Sins devour. And again, Pericutosum est decentiae ecclesiae, in scandalo populari. It is dangerous for the Decency of the Church, to be in any public slander or offence. 83. distinc. nihil. Again, Malus praelatus dicitur lupus rapiens praedam. An evil prelate is said to be a Wolf, ravening his Pray. 2. q. 7. Qui nec. He is said to be Canis impudicus, propter defectum regiminis. A shameless dog, for want of government. 2. q. 7. Non omnis. He is said to be, Coruus, propter peccatorum nigredinem. As black as a Raven, for the foulness of his sins. He is said to be, Sal infatuatus, ad nihilum proficiens. unsavoury Salt, profitable for nothing. 40. dist. In mandatis. Glos. lind. de offic. Archipres. c. fin v. canss. He is said to be Porcus, A Swine. He is said to be, Capo, A Capon, because as a Capon can not crow, no more can a dumb prelate preach. And to conclude, Praelatus, qui in doctrina mutus est, non est verè praelatus, cum officium praelati non exerceat. etc. A Prelate which is mute in teaching, is not in truth a Prelate, in so much as he exerciseth not the office of a Prelate. These Canons & constitutions not contrariant or repugnant to the laws, statutes, or customs of this realm, neither derogatory to her highness crown and dignity, ●…d therefore authorized by act of Parliament: ought to have been better known, and better executed, by our chief Prelates, then by the space of these 25. years they seem generally to have been. But yet besides these former decrees, laws and ordinances, and the several reasons principles and maxims, whereupon they were first grounded, there remaineth somewhat more behind diligently to be considered: the which thing the more earnestly every man shall rightly weigh, the more may he be astonished. A thing done in Israel, at the doing whereof it is a wonder, that the ears of the hearers tingle not, and the very hair of the heads of the standers by stare not, for fear lest the Lord in his righteous judgement, should execute his terrible vengeance upon them. Thus standeth the case, some pastoral church, or churches being destitute of a Pastor, or Pastors, to feed the people, a solemn assembly and convocation of the chiefest of the governors of the church must be gathered together, and that not in an angle of a poor country Village, but in the chiefest city of the Diocese, & that not on a workday, but either on the lords day, or on some other of their own festival days, and that for no small matters, or to no small purpose, but even to present and offer unto the Lord, an holy sacrifice, and to call upon his most holy name: To present (I say) unto the Lord, a present meet and acceptable for his majesty, even men meet to serve him in his spiritual wars, and to be Pastors to feed his people with spiritual food of his holy word, men meet to take upon them the most highest and most noblest callings, that he hath appointed to the sons of men, the office and dignity of the preaching of his holy gospel. This (I say) is the action whereof 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 do but flatter themselves, blear the 〈◊〉 of others, and which is most execrable, as it were mock and delude the Lord to his face. Well then, let us consider what is done herein. In the time of that virtuous king, Edward the sixth, an order and form was appointed by act of Parliament, for consecrating Archbishops and bishops, and for the making of Priests, Deacons, and Ministers: Which statute is revived, and the same order and form approved, in the eight year of her most excellencies reign. The words of the statute are these. [And that such order and form, for the consecrating of Archbishops and Bishops, and for the making of Priests, Deacons, and Ministers, as was set forth in the time of the said late King, and authorized by Parliament in the fifth and sixth year of the said late King, shall stand, and be in full force and effect, and shall from hence forth be used and observed, in all places within this Realm, and other the Queen's majesties dominions and countries.] The title of the book is this. Ordering of Deacons. [The form and manner of making and consecrating Bishops, Priests and Deacons.] And first to entreat of Deacons, according to the form of the book, you shall understand, that in the order and form of making Deacons, three things principally are to be observed: 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 duty 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 virtuous conversation, and without crime: Secondly he must be learned in the Latin tongue: Thirdly, he must be sufficiently instructed in the holy scriptures: Fourthly, he must be a man, meet to exercise his ministery duly: Fifthly, he must believe all the Canonical scriptures: Sixthly, he must be diligent in his calling: Seventhly, he must be inwardly moved 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 twenty one years of age at the least: he must be presented by the Archdeacon, or his deputy. Fifthly, he must be made on a Sunday or holy day: Sixthly, he must be made openly in the face of the Church, where must be an exhortation made, declaring the duty and office, as well of the Deacons towards the people, as of the people towards the Deacons. Lastly, touching the office committed unto him, it is: First to assist the minister in divine service: Secondly, to read holy scriptures and Homilies in the congregation: Thirdly, to instruct the youth in the Catechism. fourthly, to search for the sick, poor and impotent of the parish, and to intimate their estates, names, and places, to the Curate, that they may be relieved by convenient alms. The form of ordering Priests. COncerning the making of Ministers, not only all those things before mentioned in the making of Deacons, but other circumstances and solemnities, are required also: these demands and answers following must be made and given. Bishop, Do you think in your heart, that you be truly called, according to the will of our Lord jesus Christ, and the order of this church of England? Answer. I think it. Bishop. Be you persuaded that the holy scriptures, contain sufficiently all doctrine, required of necessity, for eternal salvation through faith in jesus Christ? And are you determined with the said scriptures, to instruct the people committed to your charge, and to teach nothing (as required of necessity to eternal salvation), but that you shall be persuaded, may be concluded and proved by the scripture. Answer, I am so persuaded, and have so determined by God's grace. Bishop. Will you give your faithful diligence, always to minister the doctrine and sacraments, and the discipline of Christ, as the Lord hath commanded, and as this realm hath received the same, according to the commandments of God, so that you may teach the people committed to your care and charge, with all diligence to keep and observe the same. Answer. I will. In these two answers and demands last specified, are principally contained two things. First the Minister chargeth himself, by a solemn vow, to teach, and instruct the people committed to his charge, with the doctrine of holy scriptures. The Discipline of Christ commanded by Parliament. Secondly, the Bishop by virtue of the order, and form appointed by act of Parliament, bindeth him as well to minister the Discipline of Christ, within his cure, as the doctrine & sacraments of Christ, as the Lord hath commanded, and as this realm hath received it according to the commandments of God. And therefore every Minister, by virtue of this statute law, may as well admonish, denounce, and excommunicate offenders within his charge, as a Bishop may within his Diocese, the words are copulatives, and therefore. Non sufficit alterum, sed oportet utrumque fieri. It is not sufficient to do one, but both. And these words before rehearsed. [Will you give your faithful diligence, always to Minister the Doctrine and Sacraments, and Discipline of Christ, as the Lord hath commanded, and as this Realm hath received the same, according to the commandments of God] have in them two special points to be considered: one touching the doctrine and sacraments of Christ: the other concerning the discipline of Christ: out of which two branches, proceed two other questions. First, whether every minister, ought not, to exercise the Discipline of Christ, by force of this demand and answer, as well as the doctrine & sacraments. Secondly, whether these, namely the doctrine, sacraments, and the discipline be to be ministered simply, as the Lord hath commanded, or else whether they be to be ministered only, as this realm hath received the same without the commandment of God? For these words, [according to the commandments of God] are but Synonimons, unto those which went before [Viz. as the Lord hath commanded] and so signify both but one thing. To the first his own promise, to the bishops interrogatory, bindeeth him as well to minister the Discipline, as the doctrine and Sacraments. To the second, if you answer, that the doctrine and Sacraments, and Discipline of Christ, are simply to be ministered, as the Lord hath commanded: than it must needs follow, if this Realm hath received the same, according to the commandment of God, that the law of the Realm, and the Law of God command both one thing, and so by both Laws, the doctrine and Sacraments and Discipline, are to be ministered as the Lord hath commanded. But if you shall say, that these things are to be ministered only, as this Realm hath received the same, though not according to the commandment of God; then these words of the Article following, viz. [As this Realm hath received the same according to the commandment of God] convinceth you of a slanderous tongue, against the whole state and Church of God. For hereby you accuse them of great impiety and ungodliness, and attaint them of high Treason, to the Majesty of God, as though the intent of the whole state, were to have the Doctrine and Sacrament, and Discipline of Christ, ministered according to the commandments of God; in case the Laws of the Realm, had so received the same, and not otherwise: And so to have restrained the commandments of God by the Laws of the Realm, and so to have concluded an impossibility, limiting and restraining the greater by the less; and a Law most perfect, by a Law unperfect, and not rather the contrary, to have restrained in deed the less, by the greater: the Laws of the Realm, by the commandments of God: an unperfect Law; the Law of man, by a most perfect and absolute Law, the Law of the most Highest, which is manifest by a threefold repetition of the one, as the Discipline of CHRIST: Secondly as the Lord commanded: Thirdly, according to the commandment of God: where the Laws of the Realm, are but once only mentioned. Again, in the ordering of Archbishops and Bishops, the Archbishopp demandeth of the Bishop this question. [Will you maintain & set forward, as much as shall lie in you, quietness peace, and love, amongst all men, and such as be unquiet, disobebedient, and criminous, within your Diocese, correct, and punish, according to such authority, as ye have by God's word, and as to you shall be committed by the ordinance of this Realm? Do these words, (and as to you shall be committed by the ordinance of the Realm) restrain and limit these words which went before, to correct, and to punish according to such Authority, as ye have by God's word.] Surely, they can have no such interpretation. For the meaning of these words is, that every bishop should by the ordinawce of the Realm, have his office committed unto him, and once having his office so committed unto him by the ordinance of the Realm: then to correct and punish according to such authority, as he hath committed unto him by God's word: and as he is appointed by the ordinance of the Realm to execute. Neither hath the Bishop any authority given him by these words, to correct, or punish any, otherwise then the Laws of GOD permit him, though the Laws of the Realm, were not agreeable to the Law of God. And in like case I conclude, that a minister bound, as you have seen before, to minister the Discipline of Christ, ought so too minister the same, as the Lord hath commanded, though the Laws of the realm, should not have received the same. For no discipline in truth, can be said to be the discipline of Christ, unless it be in deed ministered, as the Lord Christ hath commanded the same should be ministered. And therefore, as no bishop may or aught to correct or punish any transgressor, any otherwise then according to the laws of God: so no minister ought to exercise any discipline, than such as the Lord Christ hath commanded. If it be alleged, that our discipline used in the church of England, be in very deed the very same discipline, which the Lord Christ hath commanded, (which is utterly untrue) as appeareth. First and principally by the word of god. Secondly, by the discourses written, between the learned on that behalf: Thirdly, by the discipline practised by all the reformed churches: and lastly, by master Nowell his Catechism, commanded generally by the bishop to be taught unto the youth of the realm in all schools of their Diocese: yet notwithstanding, the minister contrary to a vow made by him at the commandment of his ordinary, appointed thereunto by law, is very injuriously dealt with, for that he is not permitted to exercise any discipline at all: our Bishops and Archdeacon's challenging unto themselves a principal prerogative, to punish all malefactors, within their several jurisdictions. another reason, that this statute hath appointed, as well the discipline of Christ, as the doctrine and sacraments to be ministered as the Lord commanded only, and none otherwise is this: namely, for that this statute was made, to reform as well the disordered discipline used in the time of popery, amongst the popish idolatrous Priests: as it was to reprove their false doctrine and profanation of the sacraments: so that neither the one, neither the other, should be ministered by the ministers of the Gospel; for otherwise, this branch of the statute, should ordain nothing, & so contrary to the nature of a Law, be Lex absurda, an absurd Law. And therefore, what open wrong & intolerable injury is offered the Saints of God, & loyal subjects to her Majesty, calling for discipline, at the chief Prelates hands, commanded by the Lord, and in truth established by the Laws of her highness Empire: every indifferent man, may easily discern. It followeth in the Book of making of Ministers. Bishop. Will you be diligent to frame and fashion your own selves and your Families, according to the Doctrine of Christ, and to make both yourselves and them as much as in you lieth, wholesome examples and spectacles of the flock of Christ? Answer. I will. Bishop. Will you maintain and set forwards, as much as lieth in you, quietness, peace and love, amongst all Christian people, and specially amongst them, that are, or shall be committed to your charge? Answer. I will. In the end when he layeth on his hands, he saith to every one: Be thou a faithful Dispenser of the word of God, and of his holy Sacraments. And again, Take thou authority to preach the word of god, and to minister the holy Sacraments. Which action and Speeches of the Bishop, are to be well weighed, and considered. The words which the Bishop pronounceth: [Be thou a Faithful dispenser] etc. [Take thou authority to preach] are words appointed him by the whole State to be pronounced: What? was it trow you, the meaning of all the States and Nobles of the Realm? or was it our most excellent Sovereign, the Queen's Highness her pleasure, to have enacted by Parliament, that a Bishop should command an Apothecary not exercised at all in holy scriptures, and altogether unable to teach, to be notwithstanding a faithful dispenser of the word of God, and to take authority to preach: No, no, they very well knew, that the outward sound of the bishops words, in the ears of such a man, could not work any inward grace, or give any inward virtue, to the performance of so high a calling, or of so holy a function. And therefore as it becometh a true and loyal subject, I dare not for my part, so dishonourably conceive of their wisdoms, much less, I take it, should the Bishop so disloyally abuse their credit and authority. Was their intent and purpose trow you, that the bishop by these his demands, and the minister by these his answers, should not bind the minister himself, to perform by himself this duty to preach, but that the same should be done by a third person? I trow no. For my masters and Doctors of the Canon and Civil Law, Burgesses in the house of Parliament know, Institu. de inutili. stipu. § si quis. that Promssio facti alieni mutilis est, & quod si testator iusserit aliquem in certum locum abire, vel liberalibus studiis imbui, vel domum suis manibus extruere vel pingere, vel uxorem ducere, per alium id facere non potest, quia haec omnia testatoris voluntas in ipsius solius persona intelligitur conclusisse. A promise made of an other man's fact, is unprofitable, and that if a Testator shall will any to go to a certain place, or to be furnished with the liberal Sciences, or to build an house, or to paint a Table with his own hands, or to marry a Wife: that he can not do any of these things by an other man, because the will of the Testator hath concluded all these things only in his own person. Was their meaning that the bishop pronouncing these words. [Be thou a dispenser] was their meaning, I say, by those words, to have the bishop commit the office of reading Homilies to a minister, or to judge reading of Homilies to be preaching? No, no: Their proceedings appear to be of greater wisdom, knowledge, judgement, discretion, and Godliness. They appointed, by the same their consultation, three kinds of offices to be in the Church: Deacons, Ministers, and Bishops, appointing severally, to every officer his several duties, and hath expressly appointed reading Homilies, to be the office of a Deacon. For in the ordering of Deacons, the Bishop, by virtue of the Statute, pronounceth these words unto the Deacon. [It pertaineth to the office of a Deacon in the church, where he shall be appointed, to assist the Priest in divine service, and specially when he ministereth the holy Communion, and to help him in the distribution thereof, and to read holy scriptures, and Homilies in the congregation,] etc. I take it, and hold it for a principle, that the Bishop hath no authority, by his Lordship, to alter or transform an Act of Parliament, and therefore I take it, that I may safely conclude, without offence to his Lordship, that he can not by law appoint any minister, to read any Homilies in any Church, Statute law is Stricti juris, and may not be extended. What will you then by law positive, bar reading of Homilies in the Church? No. But I would have the Law, positive observed, and so bar reading of Homilies from a Minister, because the Law positive, hath appointed that office to a Deacon. For it is not lawful, for one private man, and fellow servant, to transpose from his fellow servant, an office committed unto him by public authority. And it is verily to be thought, the bishop himself, will challenge as much unto himself by this statute from the minister; and plainly tell him, that by this statute, he alone hath authority, to make Deacons, and ministers, and to govern them, and that therefore, it beseemeth not a minister, to be ordered otherwise, then according to the form of the book, & no otherwise to preach, then as he shall be licenced thereunto, by him the Bishop. As touching the injunctions, the advertisements, and the articles of religion, wherein mention is made sometimes: that Parsons, Vicars, and Curates; sometimes that the minister shall read Homilies, they may easily be reconciled by this statute. For the injunctions set forth primo Elizabeth, the advertisements and articles set forth septimo Elizabeth, and this statute, being made 8. Elizabeth, and so since, doth bound, and limit the meaning of the injunctions and advertisements. For whereas before, the names were used in them confusedly; this statute, doth aptly distinguish them, applying properly every proper office, to his proper officer, and bringing those names before recited, unto two principal heads. For though there be parsons, Vicars, Curates & ministers generally in the Church, of whom mention is made in the injunctions, articles, and advertisements: Yet these, and every one of these, must by this statute, be either a Deacon or a minister specially. And being a Deacon, he ought to execute the office of a Deacon, and being a minister, the office of a minister by this statute: and so a Deacon if he be a Parson, vicar, or Curate, he must execute the office of a Deacon only; that is, he must read the scriptures and Homilies by this statute. Likewise, a minister if he be a Parson, Vicar, or Curate, he must minister the doctrine and sacraments, and discipline of Christ: he must be a dispenser of the word of God; and he must preach only, and yet in saying that he must preach only, I do not exclude him from doing those other duties, Sine quibus illud fieri non potest. Without the which he cannot preach, as from reading the scriptures, and praying with the people: but I exclude him from those things only, which are not incident to his office, as from reading of Homilies: for he may preach, and never read Homilies: but he can not preach profitably, unless he read the scriptures and use prayer. What will you then by law positive bar all ministers, that be Parsons, Vicars, or Curates, and yet can not preach, from reading Homilies? I answer, that whether they can preach or can not preach. Currat lex, Let the law run, and let him that hath defiled his hands by laying them upon such a one, contrary to the commandment of the Lord, and contrary to the laws of his governor under whom he liveth, and by whom he hath his preferment, hold up his guilty hands unto the Lord; for mercy in the day of the Lord, and fall down before her highness for her gracious pardon, in so abusing her highness laws. And to the end, you may see more apparently, these two offices, by the law itself, to be thus distinguished, I have set down the Bi. words pronounced by virtue of the statute unto the ministers, as followeth. [You have heard brethren, as well in your private examination, as in the exhortation, and in the holy lessons taken out of the Gospel, & out of the writings of the Apostles, of what dignity, and of how great importance this office is, whereunto ye be called: and moreover, exhort you in the name of our Lord jesus Christ, to have in remembrance into how high a dignity, and to how chargeable an office ye be called: that is to say, to be the messengers, the watchmen, the Pastors, and the stewards of the Lord, to teach, to premonish, to feed, and provide for the lords family, to seek for Christ his sheep, that be dispersed abroad, and for his children which be in the midst of this nuaghty world, to be saved thorough Christ for ever: have always therefore printed in your remembrance, how great a treasury is committed to your charge, for they be the sheep of Christ, which he bought with his death, and for whom he shed his blood: the Church and congregation whom you must serve, is his spouse and his body, and if ye shall see the same Church or any member thereof, to take any hurt or hinderawce, by reason of your negligence; ye know the greatness of your fault, and also of the horrible punishment which will ensue. Wherefore consider with yourselves, the end of your ministery towards the children of GOD, toward the spouse and body of Christ, and see that ye never cease your labour, your care and diligence, until you have done all that lieth in you, according to your bounden duty, to bring all such as are, or shall be committed to your charge, unto that agreement in faith and knowledge of GOD, and to that ripeness and perfectness of age in Christ, that there be no place left among them, either for error in religion, or for viciousness in life. As here you see the whole sum of the office of a Minister recited by Act of Parliament, and pronounced by the Bishop: So in the whole action of ordering Ministers both the bishop's interrogatories, and the parties answers, and all tend to admonish the Minister still of his duty, in teaching and instructing the people, and in preaching. Where the whole action of ordering Deacons, tendeth to admonish the Deacon of his office in reading: As thus. [Will you diligently read the same unto the people assembled in the Church, where you shall be appointed to serve.] Answer. I will. And again. [It pertaineth to the office of a Deacon to read holy scriptures and Homilies in the congregation. And again, [take thou authority to execute the office of a Deacon in the Church of God, and take thou authority to read the Gospel in the Church of God.] And then one of them appointed by the Bishop, shall read the Gospel of that day. And no doubt the whole house of Parliament, had a singular care to have these offices distinguished by their law, even as they are distinguished by the law of Christ him self, as appeareth both by the places of scripture, appointed by the statute to be read for every office: And also by appointing the provision for the poor unto the Deacons. And furthermore, it is his office, saith the bishop by the same statute, where provision is so made, to search for the sick, poor, and impotent people of the parish, and to intimate their estates, names, and places where they dwell to the Curate, that by his exhortation they be relieved by the parish, or other convenient almose. And therefore I conclude again, that the Bishop can no more appoint the office of provision for the poor unto a Minister, than he can change or alter an Act of Parliament: And therefore, that he can no more command a minister to read Homilies, than he can command him to make provision for the poor. For as touching these words toward the latter end of this action. [Take authority to preach where thou shalt be appointed]: Whereby they take hold, no otherwise to suffer them to preach, then as they shallbe licenced afterward by writing, hath neither head nor tail. They make, by their favourable patience, a construction thereof, without all rhyme or reason. They expound (Where) which is a word signifying place, and referred to a place, for (When) which is a word importing time. But had this word (When) been placed instead of (Where) they might perhaps, have had some cloak for the rain, for so the word (When) and the word (Shalt) might both have had relation to the time to come. And yet notwithstanding, this kind of speech, would have been but a harsh kind of speech: namely, to say; [Take thou authority to preach, when thou shalt have authority to preach] coupling the present tense with the future tense, the time present, with the time to come, applying that to themselves but men, which is only proper and peculiar to the holy Ghost: using the future tense, and the time to come, for the certainty of the event thereof, instead of the present tense, and the time present: But these words [take thou authority to preach the word to the congregation, in the place where thou shalt be appointed] is a very proper kind of speech, and the words themselves, carry with them a natural sense: As if the statute should have precisely and absolutely said thus: In what place soever, thou shalt hereafter be appointed to execute the office of a minister, thou hast now authority given thee to preach. For in case this were not the natural meaning of the statute, they might well forbid the minister to administer the Sacraments, without special licence in writing, or not to pray, or not to fast, or not to say service, or not to bury the dead, & such like. But there is more to serve their turns, and to help their cause in the law Canon, & in the injunctions, the law Canon being thus. Ex. de heret. c. excom § Quia vero. QVIA VERO NON NULLI, etc. But because some under the colour of Godliness, denying (as the Apostle saith) the power thereof, challenge unto themselves authority to preach, whereas the Apostle saith. How shall they preach, unless they be sent, all they which are forbidden, or not sent, shall (besides authority given unto them, either from the Apostolic sea, or the Catholic Bishop of the place) publicly, or privately presume to usurp the office of preaching, let them be excommunicated, and unless they speedily repent, let them be punished, with some other competent pain. The injunction being this. [Item that they, the persons above rehearsed, shall preach in their own persons once in every quar●er of the year at the least, one sermon, being licenced specially thereunto.] Whereunto I answer, that this decree and this injunction requiring special lisences to preach: And the Bishop by virtue of the foresaid statute, giving authority to preach, can not jar much; and that one little wrist, will set them in tune, their odds is so small. If I say unto one, by word of mouth, Sir, take here the key of the gate of my pasture, where my Grey ambling Gelding runneth, open the gate, bring him out, take him to your own use: I give him you frankly, hath he not as good a title and interest to my horse, as if I had made him a bill of sale, under my hand and seal? And hath not the minister likewise, as well a special licence, from a Bishop to preach, that is willed openly in the presence of God, men and Angels: as he, that hath a special licence given him alone in a corner: the one is pronounced, solemnly in the midst of the congregation: the other is done secretly, by a goose quill. Moreover, neither doth the foresaid Canon, neither yet the Injunction, require a special licence in writing, to the end, that the minister should have power thereby only to preach. For so should you take away the form and order, appointed by act of Parliament, whereby authority is given to a minister to preach, and commit the making of a minister to the Bishop, without a congregation. But the end, why a special licence, aught to be had, is not so much, for the party himself to preach within his own cure, as for them, that shall admit him to preach out of his own cure: And that appeareth manifestly by the eight Article of the injunctions. The words are these. [Also that they shall admit no man within any their cures, but such as shall appear unto them to be sufficiently licenced thereunto, etc.] And in the end of this Injunction, it is expressly permitted, to every minister, to preach within his own cure, though he be not specially licenced thereunto. The words are these: [And that no other be suffered, to preach out of his own cure or parish, than such, as shall be licenced, as is before expressed] therefore, a minister to preach within his own cure, yea though he have no licence, is commanded. In the time of Henry the 4. at what time Wyckliffe preached the Gospel, the very same laws were established against him and his brethren, to stay the course of the Gospel and yet were never any forbidden to preach in their own parishes, as appeareth by that, that followeth [Let no man within this Realm, or other the king's Dominions, presume or take upon him to preach privily or apertly, without special licence, first obtained of the ordinary of the same place, Curates in their own parish churches, and persons heretofore privileged, & others admitted by the Canon law only excepted. And that no manner of person, secular, or regular, being authorized to preach by the laws now prescribed, or licensed by special privilege, shall take upon him the office of preaching the word of God, or by any means preach unto the clergy or laity, either in the church or without, in Latin or english, except he first present himself & be examined of the Ordinary of the place where he preacheth: And so being found a fit person, as well in manners, as in knowledge, he shallbe sent by the said ordinary to some one church or more as shallbe thought expedient by the said ordinary according to the quality of the person. Nor any person aforesaid, shall presume to preach, except first he give faithful signification in due form of his sending, and authority: that is, that he that is authorized, do come in form appointed him in that behalf, and those that affirm they come by special privilege, do show their privilege unto the parson or Vicar of the place where they preach. And those that pretend themselves to be sent by the Ordinary of the place, shall likewise show the ordinaries letters, made unto him for that purpose under his great Seal. Let us always understand, the Curate having perpetuity to be sent of right to the people of his own cure. Furthermore no clergy man, or Perochians of any parish or place, within our province of Canterb. shall admit any man to preach with in the churches, churchyards, or other places whatsoever, except there be first manifest knowledge had of his authority, privilege, or sending thither, according to the order aforesaid. Touching the first protestation to be made, promised & subscribed, by them that shall hereafter be admitted to any office, room or cure in any church, or other place ecclesiastical, contained in these words in the book of advertisements. In primis I shall not preach or publicly interpret, but only read that which is appointed by public authority, without special licence of the Bi. under his Seal, though her Mayest. most excellent name, be used by the publishers of the said advertisements for confirmation of them, & that they affirm her M. to have commanded them thereunto by her highness Letters, yet because the book itself, cometh forth without her M. privilege, & is not printed by her M. printer, nor any in his name, therefore, it carrieth no such credit and authority with it, as whereunto her M. subjects are necessarily bound to subscribe, having other laws, & other Injunctions under her M. name, & authorized by her M. privilege, contrary to the same. For her M. by her Injunctions commandeth every minister to preach within his own cure without licence, as before you have hard. But let us go forward. It hath been showed before, that every one, to be made a Deacon, or a minister, aught to be called, tried, examined, known to have such qualities, as were requisite, & that mention also hath been made of the face of a church, of the latin tongue, & of many other circumstances, necessary to that action: all which things set down rather generally, than particularly described, require a larger discourse. Panormitan, & the Doctors, upon the civil and Canonical law, have these conclusions. Ex. n. ca dictus de consuetu. nu. 2●. Statuta debent interpretari secundum 〈◊〉 commune siuè debent interpretationem recipere à iure communi, & statuti verba dubia, debent interpretari, ut minus ledat ius commune quàm sit possibile. Statutes ought to be interpreted, according to common law, or statutes ought to receive their interpretation from common law, and doubtful words of a statute, aught to be so construed, that they be as little prejudicial, to the common law, as is possible. Out of which conclusions, I collect this rule: Namely, that where a statute shall establish an office, practised and had in use before the making of the statute, and shall require a calling, a trial, an examination, and qualities in an officer, meet to execute that office, and shall not specify and declare any particular kind of calling, of trial, of examination, and such qualities, etc. That then such manner of calling, of trial, of examination, & 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 view of the former order itself, it is very apparent that the same form and order was appointed, 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 duty, to conceive their meaning to the best, and most agreeable to their profession: I say, that they meant herein, only such calling, such trial, such examination, and such qualities, as are requisite to be in a Deacon, and in a minister by the law of God. Which is evident both by the order of prayer used at the time of their orderinges, and also by the scripture read for that purpose. The prayer followeth. [Almighty God, which by thy divine providence hast appointed divers orders of ministers in the Church, and didst inspire thine holy Apostles, to choose unto this order of Deacons, the first martyr S. Steven with other; mercifully behold these thy servants, now called to the like office and administration: replenish them so with the truth of thy doctrine, and innocency of life, that both by word and good example, they may faithfully serve thee in this office, to the glory of thy Name, and profit of the Congregation, thorough the merits of our Saviour jesus Christ, who liveth and reigneth with thee and the holy Ghost, now and ever, Amen. After this prayer, followeth the Epistle out of Timothy. Likewise, must the Ministers be honest, not double tongued, not given to much wine, neither greedy of filthy lucre, but holding the Mystery of the faith with a true conscience. And let them first be proved, and let them Minister so that no man be able to reprove them. Even so must their wives be honest, not evil spekers, but sober and faithful in all things. Let the deacons be the husbands of one wife, and such as rule their children well, and their own households. For they that minister well, get themselves a good degree, and a great liberty in the faith, which is in jesus Christ. etc. or else this out of the 6. of the Acts. Then the twelve, called the multitude of the Disciples together, and said, It is not meet, that we should leave the word of GOD and serve tables: wherefore brethren, look ye out among you seven men of honest report, and full of the holy Ghost and wisdom, to whom we may commit this business, but we will give ourselves to continual prayer, and to the administration of the word. And that saying pleased the whole multitude, and they chose Steven, a man full of faith, and full of the holy Ghost, and Philip, and Procorus, and Nicanor, and Timon, and Parmenas, & Nicolas a convert of Antioch. These they set before the Apostles, and when they had prayed, they laid their hands on them, etc. The Communion ended, shall be said this Collect Fol. 1. pag. 8. Almighty God, giver of all good things, which of thy great goodness, hast vouched safe to accept and take these thy servants unto the office of DEACONS: make them we beseech thee, O Lord, to be modest, humble, and constant in their ministration, to have a ready will to observe all Spiritual Discipline, that they having always the Testimony of a good Conscience, and continuing ever stable and strong in thy Son Christ, may so well use themselves in this inferior office, that they may be found worthy to be called to the Higher ministries in the church, thorough the same thy son our Saviour Christ, to whom be glory and honour world without end. Amen. The Epistle appointed at the time, of ordering of ministers, shallbe read out of the twenty chapter of the Acts. Fol. 8. pag. 1. From Mileto Paul sent messengers to Ephesus, and called the elders of the congregation, which when they were come to him, he said unto them. Ye know that from the first day, that I came into Asia, after what manner I have been with you at all seasons, serving the Lord withal humbleness of mind, and with many tears and temptations which happened unto me, by the layings await of the jews, because I would keep back nothing that was profitable unto you, but to show you and teach you openly thorough every house, witnessing both to the jews and Greeks, the repentance that is towards GOD, and the faith which is toward our LORD jesus. And now behold, I go bound in the spirit unto jerusalem, not knowing the things that shall come to me there; but that the holy Ghost witnesseth in every City, saying, that bonds and trouble abide me: but none of these things move me, neither is my life dear unto myself, that I might fulfil my course with joy; and the ministration of the word, which I have received of the Lord jesue, to testify the Gospel of the Grace of God. And now behold, I am sure that henceforth you all, thorough whom I have gone preaching the kingdom of GOD, shall see my face no more. Wherefore I take you to record this day, that I am pure from the blood of all men. For I have spared no labour, but have showed you all the counsel of God. Take heed therefore to yourselves: and to all the flock, among whom the holy Ghost hath made you overseers, to rule the congregation of God, which he hath purchased with his blood, etc. Or else the third Chapter of the first Epistle to Tymothie. THis is a true saying. If any man desire the office of a Bishop, he desireth an honest work. A Bishop therefore must be blameless, the husband of one wife, diligent, sober, discreet, a keeper of hospitality, apt to teach, not given to overmuch wine, no fighter, not gredi of filthy lucre: but courteous, gentle, abhorring fight, abhorring covetousness, one that ruleth well his own house, one that hath children in subjection with all reverence. For if a man cannot rule his own house, how shall he care for the Congregation of God? He may not be a young Scholar, lest he swell, and fall into the judgement of the evil speaker. He must also have a good report of them which are without, lest he fall into rebuke, and snare of the evil speaker. After this shallbe read for the Gospel, a piece of the last Chapter of Matthew. Fol. 9 pag. 2. THen jesus came and spoke unto them saying. All power is given unto me, in heaven and in earth: Go ye therefore, and teach all nations, Baptizing them, in the Name of the Father, and of the Son, and of the holy Ghost: teachiug them to observe all things whatsoever I have commanded you. And lo, I am with you always, even unto the end of the world. The prayer used by the bishop, in the ordering of Ministers. Fol. 11. pag. 1 Almighty God, giver of all good things, which by thy holy spirit, hast appointed divers orders of Ministers in the Church, mercifully behold these thy servants, now called to the office of priesthood, and replenish them so, with the truth of thy doctrine, and innocency of life, that both by word and good example, they may faithfully serve thee in this office, to the glory of thy Name, & profit of the congregation, thorough the merits of our saviour jesus Christ, who liveth and reigneth, with thee and the holy Ghost, world without end. Amen. These prayers, and these places of scripture appointed by the whole consent of the Realm, to be made & read at the time of making Deacons & ministers, most strongly prove, that their intent and purpose was, to have such men placed in the office of Deacons, and ministers, as whom the holy scriptures hath commanded should be placed, & as they pray might be placed. But suppose that they, being not so faithful to the lord, as were expedient for them, account not the lords ways to be the best ways, his counsels not to be the wisest counsels, to interpret the meaning of the statute, because they are such ways, as wherein the lords servants apply themselves precisely to walk, & therefore ignominiously are termed Precisians: Suppose this I say, yea and suppose that they have preferred their own inventions, and set the consultations of the gravest Senators, and wisest counsellors, and chiefest rulers of the land behind their backs: yet if reason might have ruled them, and their will might have been no law, there was and is an other manner of calling, of trial, of examination, other qualities, an other face of the church, an other Latin tongue, by other positive laws required, which as (partly by sequel of their proceedings, and partly by their own records appeareth) was never or very seldom used by any of them. The manner of calling aught to have been thus. The manner of calling. QVANDO EPISCOPUS, etc. When the Bishop is disposed to make an ordination, all they which will come to the holy ministry, the fourth day before the ordination, are to be called to the City, together with the Elders, which ought to present them. And this kind of calling, is a solemn publishing the bishop's purposes, either by some process openly fixed upon the doors of the Cathedral Church, or proclaimed Voce Preconis, by the voice of an Apparitor, to make the bishops intent known, that happily such a day he will make Deacons or ministers, and therefore citeth such to be present, as will offer themselves, meet men for that service. Which manner of calling, is briefly also commanded, by order and form of the book of ordaining ministers. First, when the day appointed by the Bishop, is come, etc. Fol. 2. p. 2. 27. Article. And in the Articles of religion, the self same is expressed. It is not lawful for any man to take upon him the office of public preaching, or ministering the Sacraments in the congregation, before he be lawfully called, and sent to execute the same. In the title. Articles for certain orders in ecclesiastical policy. In the advertisements likewise, you have these words. First against the day of giving orders appointed, the bishop shall give open monitions to all men, to except against such as they know not to be worthy, either for life or conversation. The manner of trial followeth, and aught to be after this sort. The manner of trial. ET TUNC EPISCOPUS, etc. And then the bishop ought to choose him ministers, and other men skilful of the law of God, exercised in Ecclesiastical functions, who first of all, ought diligently to inquire out the life of them that are to be ordained, their kindred, their Country, their age, their bringing up, the place where they were borne, whether they be learned, whether instructed in the law of God, whether they firmly hold the catholic faith, & in plain words can utter the same: and they to whom this charge is committed, aught to take heed, that they do not for favour, or for desire of reward, decline from the truth, to present any to the hands of the B. either unworthily, or not meet to take holy orders. And therefore let them continually three days together be examined, & so on the sabbath in the which they are approved, let them be presented unto the B. Constitu. Otho Sacer. Out of the constitutions of Otho, I have before cited this decree following, which may aptly be repeated again, to prove the having of a scrutine to be necessary before the making of ministers, as it was there to prove what qualities were requisite in them. Quare cum ninus periculosum sit, etc. Considering that it is a thing very perilous, to ordain men unworthy, idiots, illegitimate, irregular, persons unlearned, persons vagrant, and such as have not any certain or true title: in deed we ordain, that before the conferring of orders, diligent inquisition and search be made by the Bishop of all these things. And the gloze upon the word ante. Est ergo necessarium, etc. It is therefore necessary, that this scrutynie of the examinants, preceded the conferring of orders, even as the commandment of the father, or master, must necessarily prevent the taking of an inheritance by the son, or by the servant, and this must be so done for the irrevocable prejudice that otherwise might happen. And because this collation hangeth on the disposition of law, any preposteration contrary to the order appointed by law, shall annihilate the whole act. Again, an other gloze hath these words. Ordinandi ita sunt, subtiliter examinandi, & inquirendum est, de natione in qua nati sunt, an sint de illa diocesi, an legitimè nati, an bovae famae. Glos. in cap. constitutus ver. ordinandos ex: de purgacione cap. Men to be ordained, are narrowly to be examined, and there must inquiry be made, what country men they are, whether they be of the same Diocese, whether they be legitimate, whether they be of good fame. Quia in nullo debet eorum opinio vacillare, Because their credit ought not to be shaken in any case. Distinct. 33. Laici. And the Pope in that Chapter reprehending the curiosity of the Bishop, unto whom he writeth, for too too narrowly enquiring after the manners of certain compurgatours. utinam (saith he) sic discuteres ordinandos. I wish thou wouldst make such inquisition of those, whom thou preferrest to holy orders. another reason, why a minister should be tried, is because he must be learned: Glos. de elec le. 6. cap. si forte. ver. scientiae. but qualitas extrinseca, ut literatura non presumitur, nisi probetur An outward quality, as learning, is not presumed to be in a man, unless it be so proved, & therefore, he is to be examined upon the same. ff. De ritu: nup. l. qui liberos. Et ubi dare volo filiam meam, id est, ecclesiam in sponsam, debeo inquirere de dignitate sponsi; ratio, quia eligens tenetur invenire condicionom debitam filio. extravag come. c. ad cuiuslibet de prebend. & dig. And where I mind to give my Daughter, that is to say, a Church to be a Bride, I ought to inquire of the worthiness of the Bridegroom, viz. of the prelate, the Bridegroom of the Church: and the reason is, for that every Father choosing an husband for his daughter, is bound by law, to choose one of condition meet for his daughter. The trial of ministers. In form and manner of ordering Deacons, by the book of Edward the sixth, a certain trial is likewise commanded, the Bishop using these words to the Archdeacon. [Take heed that the Persons whom ye present unto us, be apt, and meet, for their learning, & Godly conversation, to exercise their ministery duly, to the honour of God, and edifying of his Church]. This manner of trial can not better appear, then by a comparison to the proceedings and Commencementes in Oxenford, or Cambridge, familiarly known to schoolmen in both Universities. Whosoever is to take any degree in school, either Bachelor, Master, or Doctor, in any faculty, he must first set upon the school doors, his questions where in he is to answer: He must publicly answer to every one that will oppose him: he must afterward in the University church, submit himself privately, to the examination of every one of that degree, whereunto he desireth to be promoted: He must afterwards be brought by his presenter into the congregation house, to the judgement and trial of the whole house, and if he shall there have a sufficient number of his superiors voices allowing his manners, and pleased with his learning, he is then presented, by one of the house to the vicechancellor, and Proctors, and by them as judges in the name of the whole house, admitted to his degree. The examination whereof, mention is made in the book of king Edward the sixth, somewhat varieth from this kind of trial, and consisteth in the interrogatories between the Bishop demanding, and the party answering. For saith the bishop. [Do you think, etc. Do you unfaynely believe, etc. Will you apply, etc.] Fol. 7. p. r. And the party answereth, I think so: I do believe: I will, etc. For saith the book, then shall the bishop examine every one of them that are to be ordained in the presence of the people, after this manner following. [Do ye trust, etc. Do ye believe, etc.] There is also required by the book, that the bishop should have knowledge of the party, to be made a Deacon or minister. Which knowledge, every man will guess should not be a bare view, or external sight of the comeliness, and proportion of his bodily shape and parsonage, but a sure and steadfast judgement, grounded upon substantial proofs, of the virtues and ornaments of his mind: and the same also should be a far more exquisite knowledge, then only to know the man to be an honest man, because the book requireth him also, to be an apt and meet man, to execute his ministery duly, for which, one amongst even the meanest of us all, having upon a sudden, espied one like an honest man, yea, or one happily commended unto us to be a right honest man in deed, which one (I say) of us, would forthwith familiarly greet this man, clap his hands upon his head, and liberally entertain him, to teach his sons Demosthenes in Greek, or Cicero in Latin, the party himself being such a one as never had learned the Greek Alphabet, or the Latin Grammar? would we not be thus circumspect trow you, as to try his cunning, ere we trusted his honesty in this case? With what qualities, such as are to be made ministers, or Deacons, aught to be adorned, hath been already sufficiently declared, out of the laws positive in force. And now what is to be understood by the face of the Church, whereof mention also is made in the said book, that that followeth may sufficiently instruct us. Distinct. 24. c. quando. The Canon law touching this point saith thus. Alias autem, etc., But otherwise, Let not a B. presume to ordain any, without the council of the Clergy, & the testimony of the people. 70. Distinct. c. ordinationes. Again, see that solemnly, at a convenient time, and in the presence of many standers by, you make ordination both of Elders & levites: And again. The other priests, let than be ordained of their own B. so that the citizens and other priests give their assent, and so likewise must the Deacons be ordained. 24. Distinct. c. Episcopus. And again: Let not a B. ordain any Clerks without the advise of his Clergy, & so to, that he seek the allowance & good liking of the Citizens. And again: let the requests of the Citizens, the testimony of the people: the judgement of the honourable: the election of clerk, be had in the ordination of Clerks. And note that these texts & many other more do all affirm, that elections & ordinations must be made by Citizens, & Priests or clerk in the Plural number, & not by one Citizen or one Priest in the singular number, Neither are these decrees to be understood of the chief Priest of every Diocese alone, but are verified of every Priest through out the country, as appeareth by the Canon following. Distinct. 64. c. Si forte. Sed nec ille deinceps sacerdos erit, quem nec clerus nec populus propriae civitatis eligit. But he shallbe no priest henceforth, whom neither Clergy nor people of his own proper city hath elected. Whereunto also the civil law accordeth. Authen. de sanct. Epis § clericos colla nona. Si vero, etc. But if holy rules shall prohibit such as be chosen by them, as men unworthy, then let the most holy B. procure to ordain whomsoever he shall think best. A bishop alone, may then ordain saith this law, when the people & clergy have chosen unworthy men: it saith not that he may always ordain alone without contradiction, or that the people & Clergy have no interest in the action. But this, law only provideth in this case a remedy, to supply the negligence of those unto whom the election appertaineth, if they shall do otherwise therein then becometh them. And to make this matter, whereof we entreat, more plain & evident, even by the statutes & ordinances of the realm, the choice & ordination of a minister, is not apropried to the B. alone. First by the statu. 25. H. 8. these law, Canons, & decrees before specified, being then in force, in as much, as they be neither contrariant, nor repugnant to the laws & customs of the realm, nor derogatory to the Queen's prerogative royal, are confirmed, ratified, and in force now. Yea because they are agreeable to the laws and customs of the realm, and maintain her prerogative royal, as afterwards shall be declared, they ought now to be executed. Secondly by a statute made 21. of H. the 8. cap. 13. It is enacted. that a Bi. may have 6. Chaplains, because six ministers at the least, aught to be present when the Bi. giveth orders: Thirdly in the book of making priests, etc. are these words: there shall be an exhortation unto the people, declaring how the people ought to esteem them (meaning the ministers) in their vocation. And these words: the B. shall say unto the people. Brethren if there be any, etc. And these words the by. commending such to the prayers of the congregation, with the Clergy and people present shall say, etc. Then shall the B. examine every one of them that are to be ordered in the presence of the people. By which words & branches of the book, it is evident, that, that people, over whom the minister is to be placed, ought especially to be present. For what profit can a people, dwelling at York reap, by exhortation of the preacher unto love & obedience of their minister, when their minister shallbe made at London? Her highness, the nobility and fathers of the land, were of more wisdom & understanding I am sure, then to imagine, that a people dwelling at Carlyle, could be taught or instructed by a sermon made at Exeter. And by the former decrees wherein mention is made of people & citizens, the same people and citizens (if we will know what citizens be properly) are not taken for the Choristers, the Singers, the Organ players, the Canons, the Archdeacon of the Cathedral Church (for all these by the Canon law bear the names of clerk) neither are the bishop's servants, taken in these Canons, for Citizens, because Citizens, by these rules, must give their consents, and as having a principal interest in the action, must not only be eye witness, and ear witnesses to the bishops upright dealing, but also must be agents and cohelpers themselves. But servi and domestici in re non domestica. Servants, and folk domestical, in a thing not domestical, are not allowed fit witnesses, neither have servants, as servants, any interest: And therefore Citizens in these former Canons are Citizens, Et re, & nomine, Citizens in deed, and in name. And as I proved before out of the statute of the land, thatas the people of the place, destitut of a Pastor must be present, and give their consent at the choice of their minister, so is the same also stablished by Canon law, & confirmed by act of Parliament. Glos. in c. 1. de reb. eccle. non alienand ver. tractatus lib. 6. For this word consensus, sive collaudatio, consent or approbation described to be multorum voluntas, ad quos res pertinet simul iniuncta: The will of many; unto whom, the matter appertaineth, jointly linked together, proveth that not only Citizens in deed, but also, that Citizens of the place, where the party should afterwards serve as a minister, aught to give their consent and allowance, to the making him a minister, because the matter of having a minister, appertaineth properly unto none other, but chief and altogether concerneth them. And therefore the law willeth, quod omnes tangit, ab omnibus approbetur. That, that be allowed of all, which toucheth all. Bishop's Canons fol 5. Whereat our bishops themselves, in their English Canons of Discipline, have aimed, and whereunto in words they have agreed. The bishop shall lay his hands on none, (say they) nor at any other time, but when it shall chance that some place of ministration be void in the Diocese. And therefore I conclude, since none must be made a minister, but when it shall chance some place of ministration be void, and since the consent and allowance of the people, whom the matter doth concern, must by the Canons, and statutes in force, be had, that therefore the people of the place, where such place of ministration is void, have in the choice & appointment of there minister, a special interest, and prerogative. Neither ought those ridiculous Canons of that foolish pope Adryan the proud: Nullus Laicorum principum, etc. 63 dist. cap. nullus. etc. non est. Let none of the lay princes or potentates join himself to the election, or promotion of a Patriarch; Metropolitan: or any bish. &c: Neither aught this and such like Canons, (I say) any whit impeach the truth of my former assertions. First for that these latter Canons are directly opposite, and contrary to the ordinance of almighty God: And the Apostles (saith the holy scripture) Act. 6. calling the multitude of the disciples together, said unto them, choose therefore brethren out from among you, seven men of good report, etc. whom we may appoint to this business: and this speech pleased the whole multitude then present, and they choose Steven, etc. Which ordinance of the Apostles whosoever shall think, that the same may receive a counterbuff, by an Angel coming from heaven, much less by a pope coming from the bottomless pit, for my part I hold him accursed, and so utterly unworthy the name of a Disciple. Secondly, the said Canons of Adryan, plainly and in flat terms are derogatory to her majesties prerogative royal, and therefore by the statute of 25. Henry the 8. utterly abolished. Thirdly, they are against the customs and statutes of the Realm. For by all the customs of the Realm, where any Mayor, Bailiff, Shreiffe, or head officer of any Borough, Town, or any incorporation is to be elected, or where any knight of the shire, any Burgess, any Constable, any Crowner, any Vergerer within any forest, and such like are chosen, the same officers, are always chosen, by the greatest part of such men's voices, as have interest in the action. And as touching the statutes of the realm, it is likewise evident, that they confirming the book of king Edward the 6. and the Canons, not prejudicial to her highness prerogative royal, give unto the prince, nobility, gentry, and other faithful of the land, an interest, in choice and allowance of their pastors. And who can be so void of reason or understanding, as to imagine that men renewed with the spirit of wisdom, in the Gospel 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 transitory life, and yet should be remiss & negligent, what guides they approve of, to conduct them in the ways of eternal life? Or that they should be less provident over their spirits and souls, then over their bodies and goods? Every man whether he be in the ministry, or out of the ministry, contrary to that blind popish distinction, of laity and spirituality, if he be a true believer, is the servant of Christ and hath the spirit of Christ, and in the choice of his Pastor, shall have a Spirit given unto him, to discern, whether the same be a man apt to teach or no. The confusion therefore so greatly feared by popish idolaters, is not once to be suspected amongst Christians. They had cause to fear and be affrighted, having put away faith and a good conscience: But we have boldness with confidence to approach unto 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, and of the choice and consent of the people and Clergy, to be had in the ordering of ministers. Touching the Latin tongue required to be in every minister, as the laws have always had respect, to a competent and sufficient knowledge therein: so the Act of Parliament, made the 13. Elizab. cap. 12. hath fully and at large expounded the same, and limited the knowledge thereof in these words: [None shall be made a Minister unless he be able to answer and render to the ordinary, an account of his Faith in latin according to the said Articles.] And if any shall be ordained, contrary to any provision of that Act, then is he no Minister at all.] And thus as briefly as I could, I have examined these words, mentioned in the Book viz. calling tried: examined: known: qualities: the face of the Church; and the Latin tongue, what meaning and signification by Laws in force the same words have And also what order, and form our bishops ought by Law positive to have used, in making Deacons, and Ministers: and what credit and fidelity, her Highness, and the whole body of our Church, and common weal have reposed in them, for an orderly, upright, and sincere disposition of these things. Unto which trust, how answerable there service and government hath been, I doubt not, but upon there Examinations they will approve the same, to have been faithful, just and equal. But by way of supposition. If any shall deny, their fidelities to have been such as is pretended, what remedy then? or what is to be done then? Hereunto I answer, since the peril happening unto others through their negligences in time past, is unrecoverable, that therefore the Law established against such excesses, would be executed in time to come, the punishment of one, is a terror to many: and by fear of punishment, a man is made good. The sum and effect of which Law, confirmed by Act of Parliament, is this. viz. Tam indignè promovens, quam indignè promotus est deiiciendus. As well the man unworthily promoting, as the man unworthily promoted is to be deposed. Proofs & examples whereof are these. In the Cap. NIHIL EST? EX. DE PREBEND. Order was taken, as you have seen before, that not only men unworthy, should not be admitted to regiment of souls, but it is also in that place provided, in case any thing shall be otherwise unadvisedly attempted, that then not only the man unworthily promoted, but also the unworthy promoter should be punished. Ex de aetat. & qualit. c. penult. And again, it is decreed thus. If they shall henceforth presume to ordain any that are unskilful and ignorant, which may easily be espied: We decree, that both the ordaynours, and the ordained be subject to grievous punishment. So. dist. c. ex penitentibus & 5r dist. c aliquantos Again, Qui ex certa scientia indignum ordinat, aut deponitur, aut privatur potestate ordinandi. He that wittingly ordaineth an unworthy man, is either to be deposed or deprived from power to ordain. 1. q. 1. c. si qui epis. Again, Si qui Episcopi, etc. If any Bishop have consecrated any such Priest as ought not to be consecrated, although in some sort they escape infamy, yet they shall not thenceforth have ordinations, neither shall they ever be present at that sacrament, which they unworthily have administered. Upon which decree, and the word ordinations, the gloze flatly concludeth, Quod semper est veritas, quod qui promovet indignum depositionem meretur. That the truth evermore is this, viz. that whosoever promoteth an unworthy man, deserveth to be deposed: Quia culpa reus, etc. glos. in const. otho. de scru. in ord. c. 1. ver. ab. Because he is culpable, committing an order, charge or office to such an unworthy person: And because he is unfaithful, communicating his ministry unto an unworthy man, to the hurt of the Church and honour of God, which by good ministers ought to be furthered. ff de exercit. l. 1. § magi●…rum. A shipmaster or an Inn keeper, using the service of an evil mate, or ship boy, or of an unthrifty Tapster, or Osteler, is to make restitution, if any thing embezzled from his passengers, or Guests: for the negligence of either of these, in this case is punishable, Quia opera malorum servorum utitur. Because he useth the service of evil servants. By which laws the gloze proveth, that though an Archdeacon have authority by his office to examine, & do present unfit men to the Bishop, that yet the bishop notwithstanding aught to be punished, because the bishop is answerable for the fact of the examinor, sithence the examination is made by his commandment, and also for that reseruatum est episcopo ius examinandi illum. Right is reserved unto the b. to examine him, examinatus enim examinatur in hiis praecipue iniquibus vertitur periculum animae. Glos. c. ad haec ver. examinentur. extravag de offi. Archid. Glos. 1. l. non est. A man once examined is to be reexamined, especially touching those things, wherein peril of soul consisteth. Et factum quod est, mutatur ex superuenienti causa. And a deed once done is altered upon a new cause. ff. de transact An Archdeacon having by law the custody of candlesticks, copes, and vestments, & other Idolatrous garments, was remiss in safe keeping these things, whereupon the Pope wrote to the Archbishop, and willed him straightly to require the said ornaments at his hands: extravag de statut. regul. c. cum ad Monesterium § penul. and further commanded him to be punished, and to make restitution, if through his negligence or default, any thing were perished, in so much as by his office he was bound to the safe custody of them. Neither did he behave himself, bonus pater familias in re sua gessisset: As a good Father of an household, would have done in his own household affairs. And thus far touching the bishops unworthily promoting unworthy men unto the ministery, touching unworthy persons, unworthily promoted, the decrees following, tell us what in like case should be done with them. extravag de aetat. & qua. cap. vlt. QVAMVIS MULTA FVERUNT, etc. Although many things were proposed against the Bishop of Calinea, yet because he himself hath confessed before us, that he never learned Grammar, neither ever had read Donate, and by evidence of the fact, his ignorance of learning and insufficiency is so apparent unto us, that it were against God and Canonical constitutions, to tolerate so great a defect in a Bishop, we have thought good, utterly to remove him from the execution of the office of a Bishop, and also from the Administration of the Church of Calinea. If it might stand with the good pleasure of the Lord, to move once jehosaphat first with the book of God; secondly with the laws of the Realm, to make a general visitation by men of sound and sincere religion, and by men of valiant and stout courages, I dare boldly avouch, that the value of the first fruits of benefices, that might be made void, by the just deprivation of unjust possessors, even by the evidence of the fact itself, would amount to a greater increase of her highness treasure, than the best subsidy she hath levied of them, since the time of her gracious government. Neither is this Chapter impertinent to this purpose, though herein express mention be made only of a bishop. For if you weigh and consider, why the bishop was deposed, the same reason is sufficient likewise to deprive any inferior person offending in the like case. The cause of the bishop's deprivation, was his insufficiency and defect of learning, and why then should not insufficiency and defect of learning, be as just a cause to deprive a minister of an inferior calling, being infected with the same disease? The charge and function of the bishop was, to teach and govern others: The same end is allotted to every one that taketh upon him the cure of souls. The bishop wanting skill and ability, to perform an office taken upon him, is degraded and cast out: and an inferior minister destitute of the same furniture is maintained and kept in. Again. Epis. de statu Monacho cum ad Monast § Abbas. ABBAS VERO, etc. But the Abbot (whom all men ought reverently to obey in all things) how much more should he be frequent with his brethren in all things, having vigilant care, and diligent circumspection, that he may be able to give an acceptable account unto God of his office committed unto him. But if the said Abbot be, a prevaricator or a despiser of his order, or negligent or remiss, let him know for a surety, that he is not only to be deposed from his office, but also some other way to be chastised, considering not only his own fault, but the fault of others is to be required at his hand. And again. 18. q. 2. si quis abbess. Si quis Abbas cautus in regimine, humilis, castus, miserecors, discretus, sobriusque, non fuerit, ac divina praecepta verbis & exemplo non ostenderit, ab episcopo in cuius territorio consistie, & a vicinis, etc. If any Abbot, shall not be circumspect in government, humble, chaste, merciful, discreet and sober, and shall not show forth godly precepts, both in word and example of life, let him be removed from his honour, by the bishop in whose territory he dwelleth, and by the next Abbots and others fearing God, notwithstanding all the congregation consenting unto his sin, would have him to be Abbot. And therefore both these constitutions may serve to deprive all such ministers, as in life, learning, manners, and conversation, are like unto such Abbots. Yea, and touching inferior ministers, the law hath likewise specially provided as followeth. Quod si forte necessitas postulaverit, ut sacerdos, tanquam inutilis, & indignus, a cura gregis, debeat removeri, agendum est ordinatè apud Episcopum, etc. extravag de hereti. cap: cum ex. But if happily necessity require, that a priest as unprofitable and unworthy, aught to be removed from the charge of his flock, you must ordinarily repair unto the bishop. Again. Dictum est nobis presbiteros propter suam negligentiam canonice degradatos. It is told us, that certain Elders were canonically degraded for their negligence. And here it appeareth (saith the gloze) Quod quis aeque deponitur propter negligentiam, sicut propter dolum. That one is as justly deposed for negligence, as for collation, according to the tenor of the Canon following. 1. q. 1. si qui epis. Non modo pro haeresi vel pro qualibet maiori culpa, sed etiam pro negligentia removebitur. He shall not only be removed for heresy, or other greater offence, but for negligence also. Whereunto also the laws of the Empire agree. QVI NON SERVIT, etc. He that doth no service to the Church, or feigneth himself to be a Clerk, when in deed he is none, he ought not to enjoy the privilege of clerk, but an other is to be surrogated in his room. And again. Ne argenterorum vel numulareorum munera, etc. 47. pag. 2. We command that the charge of Bankers, and such as lend, & exchange money for gain, be not left off by those which only hastily desire to be called collegiat men or Deans. If any therefore under the bare covering of a name, or title, term himself a collegiat man, or one of a brotherhood, let him know that an other is to be deputed in his room, who may be approved sufficient to execute the same office. extravag de institu. cap. ex frequentibus. The reasons and principal grounds of which laws & Canons are these. ●ola possessio non sufficit in beneficiis ecclesiasticis, nisi adsit canonica institutio. A sole possession is not sufficient in ecclesiastical benefices, unless there concur also a Canonical institution. ff de decurio l. Hereminus Sola possessio non facit aliquem decurionem sed justa electio. A sole possession, maketh not one a Senator or Captain, but a lawful election. Et prescriptio non prodest, cum habent malam fidem. extravag de prescript. c. 51. diligenti etc. cum omne A prescription doth not profit, in case it be grounded upon an evil conscience, and therefore sithence men so ordained, be male fidei possessores unjust possessors, fraus & dolus eorum sibi patrocinari non debet, Their deceit and collusion ought not to support them. Neque debet quis locupletari alterius iactura. Neither ought any man to be enriched, with the loss and hindrance of an other: For these considerations, the law I say, hath provided, that both the promoter, and the promoted, Agentes & consentientes, pari poena puniantur, As well the abettors as the deed doers are to sustain equal punishment: And once again, as touching the displacing of idol shepherds, and removing of unpreaching hirelings, besides these former laws, there are many more notable conclusions to be drawn from the Civil laws, for the proof thereof. ff. de munerib. & honour. l. ut gradatim. § reprobari authen. de col. iube mus colla. 9 Reprobari posse medicum a repub. quamuis semel probatus sit Dives magnus Antoninus cum patre rescripsit. That a physician once proved, and admitted by public consent, to the practice of Physic, may be removed again, from that function, in case afterwards he be found reckless, the holy and great Antony and his Father before him have answered; ff joh. dudie. and that Propter hominum sanitatem tuendam, for the preservation of men's health. The Emperor justinian commandeth thus: Cod. de office praefec orient. l. 3. SI QVOS JUDICIS, etc. If thine excellency shall find any judges, either for their long and tedious infirmities, or for their negligence, or for any other like defect, to be unprofitable, thou mayest remove them from their administrations, and place other in their stead. Si carceri praepositus (saith the same Emperor) Cod de cust. & exhibi. ceo le. carceri. Praetio corruptus. If a keeper of a common jail corrupted with money, suffer a prisoner to go without fetters, or to bring any weapon, or poison into the prison, he is to be punished by the office of the judge: but if he shall unwittingly suffer these things, he is for his negligence to be displaced. Again, the same Emperor saith, Cod de. profess & medi. l. 2. lib. 10. Grammaticos sou oratores, etc. If Grammarians, or Orators, once appointed by common consent to teach Grammar, or Oratory, approve not themselves profitably to the students of Grammar and oratory, for them to be again reproved, is not a thing unaccustomed. For saith the same Emperor, Cod de profess. & med. l. reddatur. Reddatur, etc. Let every one be admitted home to his country, which is known unorderly and insolently to use the exercise of philosophy. In bello, etc. A soldier who in time of war, doth any thing forbidden by his Captain, or doth not keep his Genneralles commandment, is to be punished by death though his enterprise take good success. And shall then a pretenced minister, that forsaketh his standing, and only weareth the Ensign of the proclaimed enemy to his Lord and master: maugre the Law of his Lord and master, and maugre the Law of man, enjoy life and lands, and livings and all. extravag de renunc. c. fin. l. 2. §. ignominiae ff de hijs. qui nol. inf. Panormitane, a famous Canonist, concludeth, that a doctor allowed may be disallowed again: yea, rather saith Bartoll, a more famous civilian, he may be degraded as a soldier, and as a clerk: For those things saith he, which I have spoken in the degrading of soldiers, the same is to be verified touching the degrading of doctors and clerk. And this is a common and infallible conclusion, by all the learned in the Law; Vid ca degradatio de paenis lib. 6. Vid foeli. de rescript. ex literis. that Doctors which by their readings or Lectures, do not approve themselves beneficial and profitable, unto students and scholars of their profession, may and ought well and rightly be removed, from their office of reading and teaching. Yea moreover, whatsoever he be, that taketh up on him the office of a doctor, wearing the arms and ensigns of doctors, when as indeed he is no doctor: Tenetur poena falsi, is to be punished by pain appointed for forgery. ff. de fall. l. eos infi. vid. Bart. in l. reddatur. Cod. de poss. et med. lib 10 In like case, by like reason, if an idol minister take upon him by stealth and lying, the office of a true Pastor, and carry the name and title of a true pastor, being in deed but an hireling and profane gentile: why should not he be punished with pain appointed for thievery. Panor. in c auris. extrauag. de aetat. ●t qua●. In the court of conscience, a Doctor giving advice, but thorough ignorance or want of experience, not following in his counsel, the rules and precepts of Law, is bound by equity unto his Client: for that thorough his unskilfulness, he is damnified. A physician in the same court, who, without peril of soul, or danger to incur irregularity, would safely cure his patient, must be learned: he must practise according to the actions of physic, he must be diligent in the exercise of his faculty: he must not minister after any unked manner, but only according to the usual and ordinary opinion of the learned in physic, he must be circumspect, and not sluggish to search out the disease, he must be prudent and careful, both before, and at, and after the ministering of his medicine. When he is ordained he solemnly voweth to preach, therefore he promiseth to become a doctor. A minister then taking upon him to be a Doctor of far greater wisdom: to be a physician of much more excellency: namely, to instruct, and cure the souls of men with the doctrines of the Gospel; can he unblamably consult without knowledge, or safely, practise without skill? can he teach being unlearned? or heal being not experienced? And here if the magistrate would know the manner already set down to redress the same; and how and in what sort he may safely proceed against an ignorant and unlearned man. In. c. vlt. extravag de. aetat. & qualit. He must saith Panormitane, see that the witnesses depose, how the party did never read any books of learning: or that he did never go unto any school of learning, because no man can attain unto learning, unless he have been taught by one endued with learning: or spent his time in the study of books of learning: for without a teacher, and without books, no man can be learned, which may be proved, as well by the confession of the party, as by the notoriousness of the fact. And here Panormitane willeth the practitioner in Law, diligently to mark how insufficiency, unability and unskilfulness of a Clerk, may be proved evident and notorious, by not reading of books. As thus, Seius never read any book of Physic: or Seius never resorted unto any Physic Lecture. Therefore Seius is no Physician. Titius never studied any books containing the doctrines or controversies of the Gospel, or hath not heard any preacher of the Gospel: Therefore Titius knoweth not the truth, or glad tidings of the Gospel. Our idoli Ministers, neither in times past have had, neither now have any books of Scriptures: Therefore they neither have been, neither now can be learned in the Scriptures. They have not gone, neither now do go to any school of Divine learning: Therefore they have not been, nor yet now are any scholars in Divinity. And therefore their insufficiency and unability, being by this means palpable, are therefore notoriously deprivable, yea, degradable from their benefices and offices. The distinction of a simple Curate, or of a cural priest, or of a plebeiane prelate, if law were law, and reason, reason, could not serve to maintain the contrary practice. The law Civil, the law Ecclesiastical, the law of reason, the law of nations, the Law of God, in all places, at all times, and among all people, without any favour or friendship, under any pretence, or for any respect, do absolutely, directly, and precisely inhibit every man whatsoever: to take upon him, either by the name, title, or office, whereunto he is altogether unfit, and whereof by law he is made uncapable. And how then can this monstrous and damnable usage be tolerable for such a man, to be placed and continued, in the room of Aaron, to be the mouth of the people unto God: or in the place of Peter to feed the flock of Christ, who knoweth neither for what, or how he should rightly present his supplication unto his prince, neither what kind of viand, or manner of diet, he should set before his people. Grammarians and Poets, though they have been trained up, at Winchester or Eton. Philosophers and rhetoricians, though they have spent many years at Oxford or Cambridge, are not fit straightways to be made Physicians of souls, and leaders of the people into the ways of righteousness. They must shake of vanities, and forsake their ungodliness wherewith they have infected their minds in those places, before they thrust themselves as labourers into the lords vinyeard, or take upon them to be messengers in the affairs of his Empire. Yea, popish and Idolatrous priests, are unmeet, and by the laws in force, made unable to enter into the Lord's Sanctuary, though popish Lawyers stand never so much opiniated to the contrary, falsely and traitorously surmising her Highness, her Nobility, and all the professors of the gospel within the land to be heretics, & sismatiks, & themselves only with their crew & rabble of Seminaries, to be catholics, as though the laws in force no whit appertained unto us: but were only reserved by themselves against their day of jubilee, long sithence gaped for by them, and hitherto by the infinite mercies of the Lord denied them. The Lord make us thankful, pardon our ingratitudes, and continue these his mercies long towards us & our posterity. I hope our prelate's and minister's of the gospel, and all true Christians, are thus persuaded by the word of God, that papists are heretics and schismatics, strangers from the common wealth of Israel, and aliens from the covenant of God, I take this I say as granted, and hold it for a principle in the school of Christ, that papism is heresy, and therefore a papist an heretic. Again, I hope our Prelates and ministers of the Gospel, will grant the act of Parliament made 25. Henry the eight, touching the submission of the Clergy, etc. and confirmed in the first year of her gracious reign to be in force, and effectual to bind all manner of people within the land. Again, it is manifest, these Canons following, to have been established, and never abrogated, before 25. Henry the 8. extravag: de elect. quia. Non debet quis schismaticus etiam abiurato schismate aligi. A schismatic though he abjure his schism, ought not to be chosen a bishop. Lib. 6. de heret. c. 2. §, heretici Heretici autem credentes, receptatores, defensores & fautores eorum, istorumque filii ad secundam generationem, ad nullum ecclesiasticum beneficium seu officium publicum admittantur. But believing heretics, their receivers, defenders, and abettors, and their sons unto the second generation, let them be admitted unto no ecclesiastical benefice, or public office. And therefore from these principles, Canons, and Act of Parliament. I argue thus. 1 No schifmatique or heretic, though he abjure his schism or forsake his heresy, may be chosen a bishop, or admitted unto any ecclesiastical benefice, or bear any public office. 2 But every popish priest is a schismatic or heretic. 3 Therefore no popish priest, though he abjure, etc. may be chosen a bishop, or admitted unto an ecclesiastical benefice, or bear any public office. The Mayor proposition is the law of popery. The Minor, the law of the Gospel. NEither doth this rule of law: Multanon sunt facienda, quae tamen facta valent, any whit gain say the truth of this argument. For though it seem probably by this rule, that a popish priest being once admitted, unto popish priesthood should not be removed: Yet thereby it followeth not, that religion being restored, and Idolatry abolished, he could not at the first restitution of the Gospel, and entry of her gracious reign, have been secluded from the office of a minister under the Gospel. For what though an Heretic, by the judgement of an heretical Synagogue, obtain the room of a Sacrificer in the same Synagogue, and having once obtained it, may not be removed from the same room, by the former rule of law: Though this be true I say, what availeth it to confirm that a sacrificing priest, by virtue of his admission unto the Synagogue, aught to have a place of ministration in the Church of Christ? For though he were admitted in the one, yet was he never admitted in the other. And therefore it resteth firm, that they ought not to have been admitted then, when as the whole manner of the government of the Synagogue should have been altered. For as at that time their laws were unadvisedly translated from them unto us: So by their laws we might advisedly have transformed them from amongst us. They were Schismatics and heretics by the laws of our religion, and therefore not to have been admitted by the laws of their own profession. Yea if they remain Idolaters still, or keep back from the people of God the word of God, they are to be removed still: their jetting up and down in their square ruffling & white phylacteries, or mumbling their matins & evensong, are not so forcible to keep them in, as their insufficiency, negligence, contempt, & idolatrous hearts are to thrust them out. And yet no part of good, wholesome, and christian government and policy changed. For though josiah, moved by compassion benignly suffered the priests of Baal (repenting of their idolatry) to receive tithes and offerings with their brethren the Levites: Yet he straightly charged them not to enter into the lords sanctuary to do any manner of service there: Neither did this his religious fact, any whit hinder the outward peace of his kingdom. Wherefore if a B. an Abbot, an Archd. an elder, a physician, a judge, an advocate, a jailor, a tutor, a schoolmaster, an Orator, and a philosopher, by justice and equity of law, for unability, insufficiency, negligence, or other defects, aught to be deposed, and removed off & from their rooms, places, offices and honours: how should a pretenced minister, only intruding himself to an office of most high calling, & excellency, and utterly destitute of all gifts and graces fit for the same, be suffered to keep and retain the proper right and title of an other, as his own lawful possession & inheritance. Had the worshippers of the false Gods, care that their idolatrous priests, should have knowledge of their idol service: and shall we, the worshippers of the true God, be blameless before his judgement seat, in case we maintain such to serve him in the ministry of his holy gospel, as whose service, the veriest paynims & idolaters would refuse to have in their idol temples? Cod. de epis. co. & cleri l. Si quis curialis. l. 12. And though these be sufficient proofs to every one, not addicted to his own will (preferring the same to all reason) that prohibitus clericari, debet revocari ad pristinun statum, per manus iniectionem; & that servi vitam monastican deserente●, ad prioris domini servitutem restituuntur, Cod. de epis. co. & cleri. l. servi. one prohibited to be a clerk, aught to be reduced to his former estate, by authority of the magistrate: and servants, forsaking their monastical life, to be restored to the bondage of their former master. Cod. de decorens l infamia. li. 10. & de dignita. l. judices. lib. 12. And that Infamia non solum impedit praefici, sed etiam removeri facit, a dignitatibus habitis. And infamy doth not only hinder a man to be preferred, but also causeth him to be removed from dignities already recovered. Though I say, these former proofs be sufficient, to confirm these assertions, yet to make the matter somewhat more plain, I have thought good, to reexamine the order and form appointed by the former statute, for the making of Deacons and ministers: that, if upon examination thereof also, there do appear such a defect by statute law, as whereby our dumb and idol ministers, be no ministers, in deed and truth, but only in show, and appearance; that then, thereupon order may be taken by her majesty for the displacing of them, and for the placing of other lawful and godly ministers in their rooms. For as the statute hath limited a certain order and form of making Deacons and ministers: so hath it appointed, that all that are made according to that order and form, should be in deed lawful Deacons and ministers. The words of the statute are these. [And that all persons, that have been, or shall be made, ordered or consecrated Archbish. bishop, priests and ministers of God his holy word and sacraments, or Deacons after the form and order prescribed in the said order and form, how Archbish. bishops, priests, Deacons and ministers should be consecrated, made & ordered, be in very deed, and also by authority hereof declared and enacted to be and shall be, Archbishops, priests, ministers, and Deacons, and rightly made, ordered, and consecrated, any statute, law, Canon, or other thing to the contrary notwithstanding.] Which statute hath two branches: the one appointing the form and manner of making Deacons and ministers, the other authorizing Deacons, and ministers, made, & ordered, after the form and manner prescribed in the said book, to be in very deed, rightly and lawfully Deacons and ministers, and so to be taken and reputed. It followeth then, that if the first branch of the statute be broken, and that the form and order be not observed, that the second branch can take no place: for that in deed the validity of the latter, dependeth altogether upon the observation of the first. For it is plain and evident by law, that if you would have a second, or latter action to be good, and effectual, because it is done (say you) according to a form and order precedent, you must first prove, that the Precedent was accordingly done, or else the consequent can take no place. And therefore if the form and order prescribed by the book, be not observed in making unlearned ministers, I say then, that unlearned ministers, by law, are no ministers at all. And why? ff. ad leg. fall. l. si is qui. § quaedam. Neque eum ullum balnieum, aut ullum theatrum, aut stadium fecisse intelligitur, qui ei propriam formam quae ex consumatione contingit non dederit. Neither can he be thought to have made any bath, or any Theatre, or any race; who shall not give it that form which perfecteth the same. Again. Vbi ad substantiam, alicuius actus, exigitur certa forma, fundans se super alio actu, debet quis probare formam precessisse. Panor: in ca 9 extra. de judicijs. Where to the substance of any act, a certain form is required, founding itself upon an other act, there a man ought to prove the form to have passed before. As for example. In an evangelical denunciation, if thou seek to have thy brother cast forth of the congregation: First it is required, that thy brother have offended thee: Secondly, that thou privately admonish him, and brotherly wish him to amend: Thirdly, if he continue obstinate, thou must tell it him before two or three witnesses, and if he hear not them, than thou must tell it to the Church, before whom, if thou desire (I say, that thy brother by them, should be cast forth of the Church) thou must first prove, an offence committed against thee by him: Secondly, and thirdly, that you did both privately by himself, and publicly before witness, admonish him, otherwise you can not have him excommunicated, because Forma quoticscunque non est seruata, actus est ipso iure nullus. How often so ever, the form of an act is not kept, the Act by mere Law, is no Act at all: because (saith the Canon) a solemn and diligent entreaty required in such perpetual grants and alienations of Church goods; hath not been observed therein; we, by the advise of our brethren Decree, the same grant to be void. By Civil Law, Cod. De Sacrosanct. eccles l. hoc ius & l. praedium. Church goods, can no otherwise be pawned, or laid to gage, then as the Law formally prescribeth, because a due solemnity ought to be observed. In fines and recoveries levied by the common Laws of this Realm, attorneys on both sides, must be warranted; there must be vouchers and vouchees; there must be writs, and retornes of writs; there must be proclamations, there must be warraunties, and many other circumstances, which being not observed, the parties in reversion or remainder, being grieved, may bring their writs of error, and recover the lands passed by erroneous fines or recoveries. In the first year of Henry the seventh, Chapter fifteen: a statute was made, that the party plaintiff, shall find pledges, to pursue his plaint, as are known there in that Country; In the case of this statute, if the Sheriff, take one surety alone, or men of another country, as pledges, the bond is void; because by the common Laws of the Realm, as well form as matter, is necessary. If in the sale of any pupils goods, or alienation of the Emperor's patrimony, the form and manner appointed by Law, be not exactly and diligently kept, the sale and alienation is in effect no sale, and no alienation. The reasons of which Laws and ordinances (as I said before) are these. Forma dat esserei Panor. in. c. nulli. nu. 7. de rebus eccle non aliae. fol 59 Specula in. tit. de advoc § 5. vers. cum ante. Panor, in. c. fin vt lit non contest nu. 20. Panor. in. c. publicat. de elec nu. 9 Panor. in. c. super questionum. § verum nu. de off. deleg. & id in. c. prudentiam. nu. 5. eod. & eius omissio inducit nullitatem actus. The form giveth being and essence to a thing, and the omission thereof, induceth a nullity of the act. Si deficit forma in privilegio, res caret privilegio. If a privilege want the form of a privilege, the thing lacketh privilege. And again, Solemnitates quae requiruntur in alique actu, sinon scruentur, actus corruit solennities required to be in any act, if they be not observed, the act faileth. And again, Ferma non seruata in una part actus violat totum actum. The form not kept in on part of the act, violateth the whole act. Quia verum est dicit, excessisse istum fines mandati. Because it is true saith he, that this man hath passed the bounds of his commandment. And therefore in an other place, Panormitane concludeth thus: Forma certa procedendi ubi datur processus corruit, non solum quando est attentatum contra formam. sed etiam citra, vel preter formam: quia ubi forma certa datur paria sunt aliquid facere contra, preter vel citra formam. Where a certain form of process is limited the process faileth, not only when any thing is attempted against the form, but also either without or beside the form; the observation of which solemnities and form of an act, are of such force and necessity by Law, that neither custom, or yet a consent of parties, can alter or change the Law herein. Panor. in. Greg. nu 14. fol. 17. Solemnitatis omissio ex sola consuetudine inducta violat actum. The omission of a solemnity brought in only by custom, marreth the Act. Ea quae inducunt certam solemnitatem in actibus hominum, non possunt consensu partium tolli, quia pacta privatorum iuri publico non derogant. ff. de pactis. And those things which induce a certain solemnity in men's doings; cannot be abolished by consent of parties, because private men's compacts, cannot be derogatory to common right. In so much that in this case. Forma debet servari ad unguem, & specific & non per equipolens. A form ought to be kept at an inch, and specially, and not by any thing equivalent, though in many other cases, this rule taketh place. Nihil interest quid ex equipollentibus fiat. It is no whit material, whether of the things that are equivalent be done. Moreover, Forma data à lege, vel statuto, debet servari à rustico, muliere, & iuniore. A form given by law or statute, aught to be kept by an husbandman, by a woman, and by one under age, though in many other things these three have their several privileges. And to make this more plain, and the certainty thereof to be infallible: you shall understand, that the law hath been executed according to these rules, even in this self-same case of making Deacons and Ministers. And first, touching their trial and examination. Glos. c. quando: distinct. 24. ver. in vest gent. Si quis presbyter, aut Diaconus, sine aliqua examinatione, ordinati sunt, abiiciantur ex clero. Et si non fuerit in aetate, literatura, & honestate examinatus, deponendus est. If any be made an Elder or Deacon without examination, let him be cast out from the Clergy. And if he shall not be examined touching his age, his learning, and his honesty, he is to be deposed. Secondly, touching the time. If a Minister or Deacon have been made at any other time, then at the time appointed by law, it hath been decreed against them as followeth. extravag de tempo: ordinand. c. cum quidam. EPISCOPUM, etc. A bishop that celebrateth orders in a day wherein he ought not, do thou correct with Canonical discipline, & until they have received grace from us to be restored, so long oghtest thou to make them to be void of orders received. And again, Sanè super co. etc. Truly concerning that the manner is (as thou sayest) in certain Churches of scotland and Wales, to promote clerk unto holy orders, in the days of the dedication of Churches and Altars, out of the four times appointed for fasts: We declare that that custom, as enemy to Ecclesiastical institutien, is utterly to be improved. And had we not regard unto the multitude and ancient custom of the land, men ordained should not be suffered to minister in orders so taken: for with us men so ordained should be deposed, and the ordaynors should be deprived of authority to ordain: Thirdly, Fol. 1. pag. 2. touching the presentation of Deacons to be made by the Archdeacon or his deputy, Fol. 1. 1. and of ministers by the Archdeacon only, out of many particular laws, this general Maxim is verified. Panor. in. c. fin. §. is autem nu. 5. de office deleg. SI PRINCEPS, etc. If the Prince commit a cause to any, and command him personally to execute the same; if in this case consist public commodity, this his commissary can not substitute an other, no not even with consent of parties, because where the Prince either covertly, or expressly, doth make choice of the industry of any one particular person, there the party so chosen, can not surrogate an other. For the Prince herein doth personally qualify the man, and giveth unto him the form of his commission. De office c. deleg. l. 6. c. si cui etc. fin. extra. de offi. delegat. An example of this may be thus. De office delegat. li. 6. c. si cui. & ex. de office deleg. c. vlt. Suppose that the treasurership in Paul's were void, and that her highness, had commanded the B. of London to provide a fit man for the same room; whether now the B. may commit this his charge, to be performed by an other, then by himself or no? And it is answered negatively, because in the choice of a fit person consisteth great danger, & therefore the B. being but an executor of her Mayest. pleasure, he may not substitute any other, But suppose, that her highness, had commanded the same B. of London to have given the same prebend to Lucius Titius, whether them, might the B. in this case subdelegat Archdeacon Sempronius. And the answer is affirmative, that he might, for now her Mayest. by herself, hath nominated the party to be placed, & hath not chosen the B. industry for that purpose, and therefore he may assign this provision unto an other. But it is otherwise, where the industry of a Person is chosen, concerning one to be elected, for then: he may not set over that his office to any other. Now then out of these rules & laws I conclude, that sithence it hath pleased the high Court of Parliament, particularly and expressly by name, to make choice of the Archd. & hath personally qualified him, as their meetest man for this charge, choosing the industry of his own person in presenting fit men to be made ministers, or of his deputies in presenting fit men to be made Deacons: and for so much also as in this action, consisteth the public benefit of the whole church, and on the which hangeth the greatest peril & danger of the whole church: For these causes I conclude, that an Archd. only, must & ought of necessity present one to the B. to be made a minister, & that the B. can not dispense with him in this case, and that neither the B. neither the Arched, neither the party to be made a minister; neither the clerk and people present, by their consents, can alter or transpose any thing herein. ff. de pact. l. ius publicum Publica utilitas est pars agens, Public utility is the party agent in this business and Parta privatorum inri publico non derogant, The covenants & agreements of private men doth not derogate from common right. And if the contrary have been practised, what may be concluded thereof shall follow immediately. And again by these proofs, you may evidently see, that the calling, the trial, the examination, the time, the person appointed to present, and the age of one to be presented, have not been things mere contingent, but rather essential, not causas sine quibus non, but causes formal to the making of Deacons & ministers, and such causes as being omitted, have been sufficient causes both to depose from their functions, those that have been contrary wise ordained, & to punish the ordainers for their negligence in that behalf. And therefore that our tongue tied ministers, not made according to the order and form of the statute, be in deed and truth no ministers at all, the act itself, whereby they be made, & whereby they challenge their dignities, being in deed no act in law, having no law to approve the same, & therefore to be punished by the law of man, as well for entering into a calling against the law of man, as also for profaning the holy and sacred mysteries of God. For what if respect be had to one, or two, or four, or more, of the solemnities and circumstances before rehearsed, and those too, perhaps of the least weight & moment, as unto the age, the time, the B. particular interrogatories, & the Archd. presentation: and yet the rest of the greatest weight and importance, as their learning, their honesty, their aptness to teach, etc. be negligently or wilfully omitted: Shall the proceedings by such as please themselves in their own inventions, & be both judges & parties, thus in show & appearance, only supposed to be done, by them that are wise and upright justices, & whom public profit ought to move to the redress of disorders, be reckoned to be done in deed and verity? Yea if all the former solemnities, yea even those also of the least moment, & such as in truth might have been reputed accidental, rather than substantial, (had it pleased the law makers to have appointed them so) have been & are oftentimes omitted in the making of ministers, & one never called, never tried, never examined, never known to the B. before that day, to be of any virtuous conversation, not qualified as is requisite, not learned in the latin tongue, not sufficiently instructed in holy scriptures (as he that came to the B. of Winchester to serve in his Diocese, borne at Norwich, and made a minister at Peterborow: knew not how many Sacraments there were, and requested a days respite to answer the bishop, what the office of a Deacon was, not made openly in the face of the congregation, but privately in the bishop's Chamber or Chapel: not having any Sermon: not apt to execute his ministery duly: not presented by the Archdeacon, the Bishop making ministers at Exeter, and his Archdeacon at Oxenford, or the bishop making ministers at Leichfielde, and his Archdeacon at Durham: not moved by the holy Ghost, not admitted on a Sunday or holy day, not of 24. years of age, not persuaded of the sufficiency of the doctrine of the scriptures to salvation, not an example in himself and his family to the flock of Christ: not a minister of the doctrine and discipline of the Lord Christ, not a peacemaker, but quarreling at law for tithe onions, apples and cherries: not a dispensour of the word of God: Fol. 11. p. 2. not a pastor and steward to the Lord, to teach, to premonish, to feed, and provide for the lords flock: if such a one I say, yea if too too many such, have been admitted into the holy ministry, and all these solemnities unsolemnly abused: may it not be rightly concluded, that such by our statute law be no lawful ministers at all? Was the word of any Bishop (only the word of the high bishop jesus Christ excepted) in any time or in any place, a law against the Law of a nation? Was the law of a whole Empire, ever tied to the will of one man in a Diocese? If the thing itself were not manifest to the view of the whole Realm: and that the unlearned mimisters in every part of the realm were not glasses, to see these deformities by: & that the daily and lamentable complaints, in the ears of her honourable council, were not evident testimonies thereof: Yet were their own registers and records thoroughly perused, they would teach us sufficiently, that these things (yea and worse to if worse may be) are neither feigned nor forged. And therefore I conclude thus. 1 wheresoever a certain form & order to proceed, is appointed to any, having no authority before his commission, that there, if the form be not kept, the process by law is merely void: 2 But our bishops, before the making of the statute of Edward the 6. and the confirmation thereof 8. Elizabeth, had no authority to make Deacons or ministers: 3 Therefore, their process not made according to the order and form of the statute, is void, and therefore our dumb and idol ministers, no ministers at all. Herennius Modestinus, answered that a Senator was not therefore a Senator, because he had his name only in the table or register, where the names of Senators were written, unless he also were made a Senator, according to law. And the gloss upon that law, verifieth the same to be an argument, Contra eos qui non sunt r●cte in ecclesiis constituti. Against those that are not rightly placed in Churches. ff. quand. dies. leg. vel. fidei, sed. l. quod pupillae iunat. gloss. If a Legacy be given unto a Pupil, whensoever she shall marry, if she shall marry before she be Viripotens, the Legacy is not due until she be Viri potens, quia non potest videri nupta, quae virum pati non potest: nec videri factum, quod non legitimè fit. Finally in the preface of the book of ordering Ministers, are these words. [And therefore to the intent these orders should be continued, and reverently used and received 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 form hereafter following.] And in the 13. year of Elizabeth, cap. 12, it is enacted, that all admissions to benefices, institutions, and inductions to be made of any person, contrary to the form or provision of this act, and all tolerations, dispensations, qualifications, and licence whatsoever to be made to the contrary hereof, shall be merely void in law, as if they never were. Another principal reason, why these idol ministers, should not have, so much as the only name, or title of ministers in word, much less the place and benefit of ministers in deed may be, for that in deed and truth, they have intruded themselves into the ministry, only by fraud and deceit, and have not entered thereinto, Bona fide & justo titulo, in good faith, and by a just title. Cod. de autorita. prestand. l. cum qui. 6. q. 7. si quis deinceps ex. de simo. non satis. He that knoweth a pupil to be under age, and yet will contract with him without consent of his tutor: or he that will receive a Church from the hand of a lay man: or he that will buy and sell things dedicate to religious uses, can not in these actions mean any good faith, or use any good conscience, because qui contra iura mercatur, bonam fidem presumitur non habere. He that against the law maketh merchandise, is presumed not to have good faith. Cod de autorit. prestan. l. cum qui. 6 q 7. si quis deinceps extra. de simo. non satis. Extra. de regu. in c. qui contra. Now in the manner and form of making ministers, and their admission, you have heard of a solemn covenant and contract by open protestations on both sides, made between the B. and the party: A contract made between the B. and the minister not observed. the B. demanding, spondes? put as? facies? dost thou promise? dost thou think? wilt thou do? The party answering, spondeo, I do promise, puto, I do think, faciam, I will do it. This contract or covenant by law Civil, 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 all other contracts, so in this especially, it is requisite, that the same be made bona fide interueniente, good faith coming between, as well on the part of the demandant, as on the part of the answerer. In ff. pro solut. l. 3. Cod. de usur l. venditioni. In Cod. de actio. & oblige. l. bonam. For saith the Emperor. Bonam fidem considerari in contractibus aequum est, Equity requireth that good faith be considered in contracts. And that, either to this end. cesset dolus ad eorum essentiam, or to this end, ut cesset dolus ad eorum effectum, that guile may cease, to the substance of the contract, or that guile may cease to the effect of the contract. ff de dol. l. eleganter. ff. de verb. oblige. l. si quis ●um. For though according to the nature and condition of this contract by word, the party fraudulently deceived, be notwithstanding by rigour & subtlety of law bound to the contract: yet in as much as the law provideth him a remedy against this mischief, & giveth him a peremptory exception, utterly to exclude the agent from any benefit of his action; the contract I say, in effect being reversible, is in effect no contract, and the adverse party to be cleared from the performance thereof. Quia contractus non sortitur effectum, propter exceptionem doli. The covenant taketh no effect, by reason of the exception of guile. The law itself followeth. Si quis. etc. If any when he had covenanted to be bound after one manner, yet notwithstanding, by circumvention is bound after another manner, he shall indeed stand bound unto thee, by the subtlety of law, but he may use an exception of deceit, for in as much as he is bound by deceit, an exception is given him. As for example, I have promised unto you my ground, excepting the use of the fruit thereof, afterwards by collusion you persuade me to promise you the same ground, together with the use of the fruit thereof: this promise in effect is void, because you used deceit, in getting my promise. Ye suppose that you for your part had not beguiled me, & that there had been no deceit on your part, but that I had been beguiled only, because the thing itself, was wrongful & injurious, in this case also your action shall cease, & your writ shall abate. Idem est. etc. If no deceit on the part of the demandant have been used, but the thing itself hath in it deceit, it is all & the self same one case with the former. For when so ever any man shall make a demand by virtue of that contract, in as much as he doth demand it, he doth it by deceit. As for example: suppose I have bought in good faith without collusion of you, a piece of Plate, for less than the one half of the just value thereof, as suppose for 8. Pound which was worth 20. po. afterwards I covenant with you simply, & you promise to deliver me the same plate: in this case, if I sue you for the delivery of the plate you may use an exception of guile against me, because I deal deceitfully in demanding the performance of a contract, which in itself containeth iniquity. For this contract itself is against the equity of law, providing that a man should not be so unprovident in selling his goods, as to sell them under the one half of the just value. And therefore in this contract, being against law, appeareth a manifest iniquity, because the plate being worth 20. Pounds was sold by you for 8. Pound, a less sum than 10. pound, half of the just price, and therefore in itself by law without equity: and therefore neither to be demanded by me, neither to be performed by you. And to make this more plain, and so to apply it to my purpose, bona fides good Faith, in this contract ought to be in this sort. You for your part, and I for my part, and we both aught in truth to think and be of opinion, that you have interest & right in the plate, and so power to alienate, and to sell it unto me. And therefore concerning the contract made between the Bishop and the party, because the Bishop oftentimes knoweth the party that is to be made a minister by him, to be a man altogether unlearned, unfit, and unapt to execute his ministery duly, and therefore cannot think him to be a man qualified as were requisite: And because the party that is to be made a minister, knoweth himself utterly void of those graces and gifts which ought to be in him, and therefore cannot believe himself to be truly called, or moved to that office by the holy ghost: And because they both know that there hath been no such calling, no such trial, no such examination, no such presentation, etc. As (by the form and order of the book) should be, I say therefore that good faith wanting on both parts, this contract made colourably between them is merely void, and the one not bound by law to the other, to the performance of the same: & therefore much less the common wealth, or the Church of Christ to tolerate their conspiracy, or to bear with their collusion. ff. de Liber causa. l. si pariter. extravag de regni iure. c. non est. extravag co Non debet alterius collusione aut inertia, alterius ius corrumpi. No man's right ought to be impaired by collusion or sloth of another. Fraus & dolus nemini patrocinari debet. deceit & guile, ought not to patronage any. And therefore sithence, Non est obligatorium contra bonos mores juramentum. An oath made against good manners, is not obligatory: and that Nemo potest ad impossibile obligari. No man can be bound to a thing impossible, and that Impossibilium nulla est obligatio, of things impossible there is no band. ff de reg. in l. impossibilum. Extra. de reg nu. in malis. And that, In malis promissis fidem non expedit obsernari. It is not expedient that Faith be kept in wicked promises, I conclude that the impossibility or iniquity of conditions to be performed by him that is made a Minister, make the contract between the Bishop and him, merely void and of none effect in Law. The impossibility of the contract made between the Bish. ●nd the minister, cause that the contract is void. And that the bishop according to the true intent and meaning of the Laws, whereof he hath the execution, aught to cite, and Ex officio, to proceed, and object against him in this sort. You A. B. Parson of C. about twenty four years passed, at what time I had appointed a solemn day for making of Deacons and Ministers, & had called by my Mandate, men meet to serve the Lord in his holy services, to teach his people, and to be examples to his flock, in honest life and godly conversation, came before me, making a great brag and fair show of zeal and conscience, and of your knowledge in the holy Scriptures, and that you would instruct them faithfully, and exhort them diligently in the doctrine of Salvation by Christ, & in holiness of life: that you would exercise his Discipline according to his commandment; and that you would be a peacemaker: And all these things you faithfully promised, and took upon you to perform, joining yourself openly to the lords people in prayer, with a solemn vow. Now so it is; as I understand by your demeanour ever since, that in truth, you had no other end, but to steal a living from the Church, though it were with the murder of many souls. You dishonoured the Lord: you made an open lie in his holy Congregation: you circumvented me by guile, and by craft deluded me: you have ever since falsified your word: You have not preached one Sermon these many years: you have not instructed one of your parish in the doctrine of Salvation by Christ alone: you have not governed your family, as became one of your coat: you have not exercised the Discipline of Christ against any adulterer, any swearer, any drunkard, any breaker of the lords sabbaths: you have been and are a quarreler among your neighbours: you cite them to my consistory for toys and trifles, and so abuse my judgement seat: you are an example of evil, and not of goodness unto your flock: you meant no good faith at the first: you wittingly took upon you a charge, which in your own conscience, you knew was impossible for you to discharge: you profaned the Lords most sacred name, in praying hypocritically before him: you have not since repented you of these iniquities, but have continued obstinate in the same, and therefore in as much as you for your part without any good conscience, have gotten you a place in the ministery: I for my part, moved by a good conscience, and for the same my conscience sake, to discharge my duty to the Lord, have summoned you publicly, lawfully and rightly, to dispose you of that place, and depose you from that function, whereof though publicly, yet unlawfully and unrightly, you are possessed: neither ought you, or any other to think me rash, light, or unconstant in so doing. For I tell you plain, that herein I will both say and do that thing, which the noble and wise Emperor, sometimes both said and did, in a matter of far less weight than this. Quod inconsultò fecimus, consultò revocamus, That which we unadvisedly have done, we advisedly will revoke and undo. And Sir for your part, it is very necessary and expedient for you, that we depose you in deed, because Tanto graviora sunt tua peccata, quanto diutius infelicem animam detinent alligatam. So much more grievous are your sins, by how much longer they have your unhappy soul fettered with their bolts. To do this, or the like, were in my simple understanding, a noble and famous practice of a good and godly bishop, labouring to procure peace and prosperity unto jerusalem. What? may a bishop deprive an honest poor man from his benefice, dispossess a faithful man of his ministry, stop the mouth of the Lords watchmen, and imprison a painful teacher in the Clink in case he wear not a Surplice, in case he marry not with a Ring, in case he cross not in Baptism, or in case he subscribe not to every new Article invented by his ordinary? And may not the same bishop, remove a man that hath openly played the hypocrite, publicly falsified his word; ympiously committed sacrilege, yea, and that which is worse, hath made an open mock at the Law of GOD and deluded the Laws of her highness Empire? Is the first a lawless and rebellious PURITAN, (I use but their own terms) and is the second a dutiful and loyal vassal? If a PURITAN (as they call him) making conscience not to offend his God in any small thing, for his conscience sake be worthy to be whipped and excommunicated; is a Foolitane making no conscience to offend his GOD in all things, not worthy once to be summoned? Etravag. de elec. c. cum dilectur. Concerning an old objection, perhaps by some old canonist to be objected, that every sentence of the Bishop, whereby he pronounceth any man fit and capable of the ministry, is a definitive and irrevocable judgement, in case no appeal be made from the same: though my former answer were sufficient for the same election, yet to answer LAW with LAW: I answer, with the gloss, that propter aliquam causam post à emergentem potest quaeri, quia quae de novo emerguut, novo indigent auxilio; & ita semel probatus, iterum probatur & reprobatur. For some cause afterwards arising, inquisition may be made: because things newly happening, do want a new supply; and so one being once allowed, may again be allowed and disallowed. And therefore to conclude, if such as be in authority, love the peace & prosperity of the Church of Christ: if they desire the good success of the Gospel: if they will preserve the state of this Realm: if they think it necessary, to have good Magistrates, to have good Laws and orders in a common wealth: If they esteem learning, and seek to prefer it: If they hate confusion: if they allow of their own conditions, & like of a kingdom better than of a tyrannous state: then are they to provide betime some speedy remedy for these & such like kind of men, and such manner of abuses. And if the religion they have established be good: if the orders and laws they have made be convenient; it standeth them in hand, to see the same reverently received and executed, and not openly to be contemned and broken, without sharp and severe punishment: they are not to suffer such as execute them not, to be uncontroulled, unrebuked, and unpunished: they are not to suffer such as speak for them, preach for them, call for them, and write for them, any more to be checked, tanted, frumped and shopped up: either let their laws be laws indeed, and maintained as laws: or else deliver us from our duties, in desiring their execution and obeying them. If by these former conclusions, any shall surmise, that by them I slily, and covertly, as one captious over the whole state of the Church, should insinuate no lawful ministery to be in England, because some one of these points perhaps, have been & are daily omitted in making even the best men that are in the Ministry at this day: I answer, touching as well the whole Church, as the learned and unlearned minister: the preacher, and him that is no preacher: the pastor and him that is no pastor: I answer (I say) touching them all, as followeth. First, I confess that our Lord jesus Christ hath a true Church, and a faithful spouse in England, receiving the doctrines, and Sacraments of Christ, publicly taught and administered in the Church of England, wherein we have ELIZABETH, by the grace of God, Queen of England, France and Ireland, a foveraigne, a sole, and a lawful governess, in all causes, and over all persons, Civil and Ecclesiastical. Moreover I confess that the doctrines delivered unto her out of the word of God by the ministers, for the abolishing of all and all manner superstitions and abuses, retained in the Church, and for the establishing of a perfect government of the said Church, aught to be faithfully embraced, and diligently put in execution by his Majesty, according to the prescript rule of the blessed word of God. And again, that the ministers ought evermore, in a reverent and holy fear, to teach what so ever they know, to be commanded or forbidden by the same word, and to show the danger as well to the magistrate, as to the people, if either or both of them shall be negligent, or remiss in the lords service. And again that the people in all holy and honourable obedience, should yield unto the magistrates, and ministers, all such love, reverence, fear, and obeisance herein, as the Lord by his sacred word prescribeth, and their own salvation requireth. Again, that neither the magistrate without true instruction from the ministers: Nor the ministers without due authority from the magistrate, aught to wrest any thing into the gournement of the Church. For both offices, and governments, Magistracy, and ministry are very holy and honourable, & being several, tend to several ends, and bring forth several events in the administration and government of the Church: the one is the mouth: the other is the hand of God: the one by word, the other by sword, aught to execute the lords judgements in the Lord's house. The Prophet Esay at the commandment of the Lord, teaching that the Princes of judah and jerusalem, should cast away the rich ornaments of gold as a menstruous cloth, did stay himself with the publishing of this his doctrine: he only reformed himself, and taught and exhorted others to do the like. The Prophet jeremy used only this weapon of reformation. Of a truth saith he, the Lord hath sent me unto you, to speak all these words in your ears: he hath sent me to prophecy against this house, and against this City, all the things that ye have heard: as for me, behold I am in your hands, do with me as ye think good and right. And though jehoiakim the king, with all his men of power, the priests and the prophets slew Vriah with the sword: yet ceased not jeremiah to stand in the Court of the lords house, to speak unto all the cities of judah, all the words that were commanded him to speak, and kept not a word back. 2 Kin. 23. 3. When Hilkiah the priest had found the book of the law, and caused josiah to read the same: it is written that the KING stood by the pillar and made a covenant before the Lord, that he the KING, and the priests, and the prophets, and all the people both small and great, should walk after the Lord, and keep his commandments, and his testimonies, and his statutes, with all their heart, and with all their soul. And that the KING commanded Hilkiah the high priest, and the priests of the second order, to bring out of the Temple of the Lord, all the vessels that were made for Baal, and for the groove, and for all the host of heaven, and that the KING burned them without jerusalem, in the fields of Kidron: and that the KING carried the powder of them into Bethel: and that HE put down the Chemerym, and that HE broke down the houses of the Sodomites: and that HE broke the images in pieces, etc. When the spirit of the Lord came upon Azariah, to tell Asa and all judah, and Benjamin, that the Lord was with him, whilst they were with him, encouraged them in their affliction, to turn unto the Lord God of Israel, for that their confidence and trust in him, should not be frustrate, but have a reward: Asa hearing these words of the prophet, was encouraged, and took away all the abominations, out of the land of judah and Benjamin. And King Asa deposed Maachah his mother from her regency. And Asa broke down her idol, and stamped it, and burned it at the brook Kidron: 2. Chro●…. and king Asa did all these things at the council of the Prophet. Neither can the holy doctrine of the Gospel, be said to be repugnant hereunto. God is ever more one, and the self same God in all ages: he is evermore the author of peace and order, not of discord, or disorder. If therefore the Lord, have not yet graciously opened her majesties eyes, to understand all & singular mysteries of his Testament: or if he will some blemish to remain in the government of a faithful Queen, under the Gospel, as it pleased him to have blots in the reign of good kings in the time of the law: or if he will that the adversaries of judah and Beniamyn, hire counsellors to trouble their building and hinder their devise, all the days of Cyrus: or if he will the Temple to be built in the days of Esra the chief priest, but the walls to be re-edified by a Eliashib and his brethren: or if he will have his Church tarry his holy leisure, and appointed time: or if he have any other glorious purpose to work in our days by her highness: what is that to him that is a minister of the Gospel? Only it behoveth him to be a faithful Steward in his function. For an woe hangeth over his head if he preach not, because necessity is laid upon him. And let him be assured, that whatsoever is either bound or loosed by him in earth: the same is bound and loosed by the Lord in heaven. The repentant and faithful shall be forgiven: The obstinate and impenitent shall be hardened. And thus having delivered my mind touching these things, which otherwise by sinister construction, might have been dangerous to myself, and offensive to others. Touching the former cavil, I answer as followeth. First, I confess that every one meet and apt to teach: that every one qualified as is requisite: that every one moved inwardly by the holy Ghost, and outwardly called and appointed by the bishop, having authority by the order of this church of England in this behalf, is in deed & by law, a minister. First, because he is indeed & truth a messenger, sent & appointed to this office by the Lord himself. Secondly, he is a minister by the law of this land. For the state of this man, learned, qualified, and inwardly called: and the state of the unlearned, & unqualified, and not inwardly moved, differ as much as light & darkness. For where the life, the learning, the conversation, the pains of the former, do appear in deed to be sincere, sufficient, honest, and diligent, even such as the law itself requireth should be in him, and so the end of the law satisfied in that behalf, in this case, and for this man, there is a presumption juris & de iure, of law and by law, that in his outward calling, and trial, etc. all things required by law, were accordingly performed by the bishop, and so he a lawful minister. But touching the other man it is quite contrary, and therefore this presumption by law must cease. Glos. extrauag. de prebend cum secundum Apostolum verdiceat. For where his life, his learning, his conversation do appear manifestly to be vile, corrupt, and unhonest, and not such as the law requireth, and so the law frustrated, in this case there is a presumption, juris & de iure, of law and by law against him, that he came to his office per surreptionem, by stealth and unorderly. Letters obtained for enjoying benefices until it appear, they were obtained, either veritate tacita, or falsitate expressa, truth concealed or falsehood expressed, are good and to be obeyed: but if afterwards, either of these appear, they shall be accounted surreptitious and void. A Bull or dispensation from the Pope authentically sealed, is presumed to have been gotten bona fide, in good faith: but if in the tenor thereof appear false latin, it is then presumed to have been obtained per surreptionem. A sentence given by a judge is presumed to be a just judgement, and every one for the authority and reverence of the judge, ought so to deem of the same. But in case the matter be appealed, and there be found a nullity in his process, the former presumption ceaseth, and the sentence as an injurious sentence, is to be reversed. In like manner, if a Bi. should make an hundredth ministers in one day, for the authority and reverence of the bishop, and the good opinion I ought to conceive, of his upright and sincere dealing, of his holy religion and fervent zeal to the lords house (were I absent and saw not his proceedings to be contrary to law) as I ought, so I trust I should both esteem his doings therein, to be lawful and orderly, and also reverence those whom he had so made, as messengers sent from the Lord. But if afterward, when any of them shall come to execute his office of ministery: when he came to teach the people, he should then manifest himself to be but an Hypocrite, but to have feigned a certain kind of holiness and zeal, when he shall himself descry his own unableness, and display his wants: were it reason that having now by mine own experience, certain knowledge of his misdemeanour, and unhonest conversation, of his unaptness and unskilfulness, and of his ignorance, I should presume notwithstanding, that he was at the first orderly called and examined, & found to have such qualities as were requisite? But to answer another objection, concerning the administration of the sacraments by these kind of men, and execution of their offices, because hitherto no controversy hath been moved, touching the validity of their calling, of their state and condition, and because, Cum incertum est aliquid, perinde est ac sinec illud sit. When any thing is uncertain, the same is as though it were not at all: Cod. de test. lib. 1. That therefore (I say) as well in this case, & and in this respect, as also propter communem utilitatem, & publicum errorem, for common utility, & a general error, the things done by them, are rightly and duly done. Cod de sentent. & interlo. iud. l. si Arbiter. SI ARBITRER DATUS a magistratibus cum sententiam dixit, in libertate morabatur, quamuis postea in servitutem depulsus sit, sententia tamen ab eo dicta, habet rei iudicatae authoritatem. If any arbiter given by the magistrate, were a free man, when he gave sentence, though afterward the same Arbiter be brought again into servitude, the sentence notwithstanding given by him, hath authority of judgement. And again. ff. ad Maced. ● si quis. Si quis patremfamilias esse crediderit, non vana simplicitate deceptus, nec juris ignorantiae, sed quia publicè patremfaemilias plerisque videbatur, sic agebat, sic contrahebat, sic muneribus fungebatur, cessabit senatuconsultum. If any shall think one to be a father of any household, not deceiving himself thorough a vain simplicity, or ignorance of law, but because he seemed to many to be a father of an household indeed, he did as a father of an household did, he did covenant, he executed offices, etc. In this case the Senate's decree shall cease. And again. ff. de supp. l. leg. l. 3. Hod è propter usum imperatorum si in argento relatum sit candelabrum argenteum, argentum esse videtur, & errorius facit. Now a days (because of the use of Emperors) if a silver candlestick, be accounted amongst his money, it seemeth to be money: and this error maketh law, etc. And again. servi liberi non in hac causa tractari oportet, cum eo tempore, quo testamentum, etc. When a testament is to be proved by witnesses, it is not material whether the witnesses be bond or free at the time they be produced, if at the time that the Testament was signed, they were by consent of all, reputed in the place of free men, and that no man at that time moved any controversy of their estate. Digest. do officio. praetoris. l. barbarius. Propter publicam utilitatem & communem errorem, praetura servo decreta, etc. For public utility and a general error, a Praetorship given to a bondman, maketh him Praetor: business dispatched by him are of force, and he made a freeman. And therefore I answer, that things heretofore done, and executed by our idol ministers, by law to be rightly and duly executed. And yet notwithstanding I urge still, that they are not in truth any lawful ministers, and that they ought, and may justly be deposed from their ministries, and deprived from their benefices. An Arbiter reputed to be a freeman, if in truth he be a bondman, obtaineth not by this common opinion, or by giving judgement, his freedom and liberty, but continueth still a bond man unto him, whose bond man he was, before any judgement given by him; or that any such fame went of his freedom, the decree of the Senate ceaseth against me, for contracting with one under rule and government, so long as he is generally reputed to have power and authority over himself: but if I willingly contract with him afterwards, it shall appear, that in deed he was a Son under the guard and tuition of his parents: then the decree shall be effectual, and take place against me. Witnesses at the time of signing any Testament commonly reputed freemen, after a controversy moved of their estate, may in other matters be refused, as unlawful witnesses. For though common error make a law in respect of public profit, yet common error plucketh not from any private man, the possession or interest of his private goods. And therefore though Barbarius Philippus in that the people decreed unto him the Pretorshippe, was by the decree made a Freeman, (the people of Room having authority to make a Freeman): yet for that he was in deed a servant fugitive from his master, his master was by law to have the price of the same his servant at the people's hands: much less can common error of a few in authority, or a common error of a few in their own right, bar the public wealth, or the Church from a public benefit due unto them. But there is a defence commonly used by some, to excuse the Bish. and to exempt them from just reprehension, for placing unlearned men in benefices. The Patrons (say some) are covetous, they will present none, but such as from whom they may lawful for me a poor Gentleman in the country, having the patronage of a benefice, to bestow the same upon some honest poor man, conditionally to let me have the profits thereof at a reasonable price, allowing him a reasonable stipend for his service and pains in the ministery, though he cannot preach; as it were for me to give the same benefice unto you an Oxenford man, and a great scholar and able to preach, and yet will not, or do not preach? Is it not as lawful for me to place such a one (as I have spoken of) in a benefice of my gift, and to allow him his wages sixteen or twenty pound by the year, and to get quarter sermons preached for him: as it were lawful for you (had I frankly bestowed the same benefice upon you) to hire the same person, or some other more ignorant, and to give him less wages, and scarcely to preach quarter sermons yourself? Had not this man suddenly been strooken dumb and dead as a door nail, you should as well have heard his reply, as you have read the demand. And in good sooth what greater loss, and hindrance hath the people of W. by an unlearned man, their parson not preaching, and hiring out his benefice to his patron for 15. pound by the year, then hath the people of P. by a learned man, their parson not resident, not preaching, and hiring out his benefice of the same value to his curate for 40. pound by the year? Surely, as there cometh no greater good to the people of the one place, by the one, then cometh to the people of the other place, by the other: so is the one both less hurtful to the common weal, & also less sinful to the lord, than the other. Less hurtful, because the poor & needy of the one, have oft a good sliver of bread: a good dish of drink at the patron's door, yea sometimes, a good meals meat at his table, and a good fire in his hall. But touching the Hospitality and housekeeping of a non resident, his Kitchion Chimneys, are ever like the Nose of a Dog, ever cold, never warm; his bailie playeth Sweep Stake, he purseth his Wheat in a Six penny Bag, and carrieth his Barley in a little Budget, sometimes Forty Miles, sometimes an Hundred, sometimes three hundredth from his Parsonage: yea out of Ireland into Cambridge, out of Wales into Oxenford: from beyond Lincoln to Salisbury: from besides Leycester to Comberland: from Malburne to Harley: Less sinful to the Lord, because the Patron enjoyeth his right by covenants and good will of him, that by Law is reputed the lawful person, and whom he hath presented: yea oftentimes also, with the consent of the people, whose Clerk they willingly receive to be placed amongst them. But the person Nonsident, against his promise to his patron, against his oath to his Ordinary, without consent of the people, against the law of man, & against the Ordinance of the Lord, robbeth & spoileth the people of the tenth of their labours, & liveth idly, by the sweat of other men's brows. But to let pass the answer made before to the Plurality man; and to speak no more of the Bishops own wilful negligence in making unlawful ministers, & that therefore, he hath no cause to complain against patrons for preferring unlawful men to benefices, whom he hath unlawfully preferred to so high offices, & therefore not to be pitied, in case by law he were punished, because he should have looked before he had leapt: I say to let this pass, yet the objection made before in their defence, is an objection in truth not to be objected. The trial of the ability of the person presented, whether it consist in learning or in life, is and ever hath been only in the authority of the Church, and never in the power of the laity. Authent. de sanct epis. §. clericos. col. nona. First touching the inquiry of their ability for learning, (to leave to speak of the Canon Law, which altogether attributeth the same unto the clergy) the civil law, and the Canon Laws of this realm, agree herein together, and attribute the inquiry thereof to the clergy only. The Civil law saith thus: Authent. ut clericus qui reced § illud quoque. coll. quint. If they which are chosen by them as men unworthy, be forbidden to be ordained, then let the most holy B. procure such to be ordained, whom he shall think meetest. And thus we decree moreover, that thing to belong to the honour and worship of your seat, that none building a Church, or otherwise bestowing alms upon them that minister therein, be thus bold, as by power to bring unto your reverence, men to be ordained: but our mind is, that by your holiness and judgement, they be examined touching the Idoneitie of a parson presented to an Ecclesiastical benefice, by the laws of the Realm, the examination of him likewise pertaineth to the Ecclesiastical judge, and so it hath been hitherto used, and so let it be done hereafter. Articuli. cleric. c. 13. And again, Where the ordinary refuseth the Clerk for non ability which is in issue, and the ordinary is party, that shall not be tried by him, because he is party, but by the Metropolitan if the Clerk be alive, and if he be dead, then by the Country where the examination was had. 39 Ed. 3. fol. 1. Brooke title Trial. 25. case. And again. Where the Ordinary after the patron hath presented, doth inquire and find the Clerk to be criminous, and the time of the lapse by this means pass, there he shall not make any collation by lapse, but first give notice unto the party, if he be a lay-man, but contrariwise, if he be a spiritual man, note the difference, For he may know his own Clerk. Brooke, Title Notice. 6. case. But were it so that the laity had power therein, and that the Archbishop were excluded: Yet if the bishop after he were compelled by process from any of her highness temporal Courts of justice, to admit an unable Clerk, did forthwith call this unable Clerk into his consistory, and object against him his unability, and for the same degrade him of his office: What remedy had the same Clerk, against his ordinary in this case? He being once deposed from his office by his ordinary, the common laws should have now no remedy to help him, he being no more to be called a Clerk, and therefore not to bring any writ, or commence any suit against his ordinary in the name of a Clerk. But we will conclude. Since the statute of 25. Henry 8. hath authorized all Canons, constitutions, and Synodalles provincial, made before that statute, not being contrariant or repugnant, to the laws & customs of the Realm, nor derogatory to her majesties prerogative Royal to be now in force and executed: and also since these Canons, constitutions, and Synodalles provincial before specified, were made before the said Statute, and be not contrariaunt, nor repugnant to the Laws and customs of the Realm, nor derogatory to her highness prerogative: yea, since they are agreeable to the Laws and usages of the Realm, and uphold her prerogative Royal: And since by these Canons, and other acts of Parliament, and her highness injunctions, it is evident, that men learned; that men apt and meet to teach, are to be placed ministers in the Church, and that men utterly unlearned, and such as can only read, to say Matins or Mass, are not to be admitted: That therefore a learned ministery is commanded by the Laws of England: And if so, than an unlearned ministery forbidden by the same laws: and if so, then by the same Laws, such penalties and corrections, to be laid & inflicted upon the contemners of the said Laws, as by the said Laws are wholesomly provided against such wilful Law breakers. ¶ Dispensations for many benefices unlawful. Extra de cle. non residen. c. quia nonnulli. etc. 1. de consuet. lib. 6. QVIA NONNULLI, etc. For as much as some putting no measure to their covetousness, endeavour to take many Ecclesiastical dignities and many parish Churches against the ordinances of holy Canons, and being scarce able to discharge one office, yet notwithstanding challenge unto themselves stipends due unto many: we straightly command, that henceforth this abuse be not any more permitted: And that whensoever any Church or Ecclesiastical ministery, aught to be committed: we will, such a parson to be sought that may be resident in the same place, and discharge the cure by himself. And if any thing shallbe done otherwise; let both the receiver lose that, that he hath so received, and let the giver be deprived of power to give again. Out of which prohibition these conclusions may be made. 1 Whatsoever tendeth to the maintenance of covetousness is unlawful: 2 But to suffer one man to enjoy many benefices tendeth to the maintenance of covetousness: 3 Therefore for one man to have many benefices, is unlawful. 1 Whatsoever is contrary to the holy Canons, is not to be tolerated: 2 But for one man to have many Churches with cure of souls, is contrary to the holy Canons: 3 Therefore, for one man to have many Churches with cure of souls, is not to be tolerated. 1 Whosoever taketh unto himself, the stipend due unto many, the same doth commit an unlawful act: 2 But he that taketh unto himself many benefices, taketh the stipends due unto many: 3 Therefore he that taketh unto himself many benefices, doth commit an unlawful act. 1 Whosoever is scarce able to discharge his office in one place, is not to have the office of many committed unto him in many places: 2 But he that hath the cure of souls committed unto him in one place, is scarce able to discharge his duty in that one place: 3 Therefore he is not to have the offices of many committed unto him in many places. 1 Whatsoever is an hindrance to him that hath cure of souls to be resident, and to discharge his cure by himself, the same is not to be suffered: 2 But for one man to have many benefices, is an hindrance for him to be resident, and to discharge his cure by himself: 3 Therefore it is not to be admitted, that one should have many benefices. Again: Etravag. de prebend quia in tantum. QVIA IN TANTUM, etc. Because the ambition of some hath spread itself so far, as that they are said to have not only two or three, but many Churches, being not able duly to serve two: we with the consent of our brethren and fellow bishops, command that this be reform. And because the multitude of prebends, even an enemy to the Canons, is an occasion of a dissolute and gadding ministery, and containeth a manifest peril of souls, we will therefore provide to supply the want of such as are able to do service in the Church. The reasons of which decree, may thus be framed. 1 Whatsoever is or may be a mean to maintain ambition, is not to be tolerated, 2 But for one man to have many benefices, is a mean to maintain ambition. 3 Therefore for one man to have many benefices, is not to be tolerated. 1 Whatsoever ministereth matter for a gadding, roguing, and dissolute ministery, is not be tolerated. 2 But for one man to have many benefices ministereth matter for a gadding, a roguing and a dissolute ministery: 3 Therefore for one man to have many benefices is not to be tolerated. 1 Whatsoever containeth peril of souls is not to be tolerated: 2 But for one man to have many benefices containeth peril of souls: 3 Therefore for one man to have many benefices, is not to be tolerated. 1 Whatsoever is cause, that such as are able to do service in the Church, do want and so are kept back from doing the Church good, is not to be tolerated. 2 But for one man to have many benefices, is a cause, that divers able to do service in the church do want, and so are kept from doing good: 3 Therefore for one man to have many benefices is not to be tolerated. Again: extravag de electio. ca dudum. 2. unde etc. extravag de prebend. ca de multa. unde cum IN EODEM, etc. Sithence therefore it is ordained in the same council, that whosoever shall receive any benefice with cure of soul annexed, if before he obtained the like benefice, should by law itself be deprived of the same, and should also be spoiled of the second, in case he contended to hold the first, the foresaid elected notwithstanding breaking these ordinances by the plurality of benefices, doth incur himself these vices, which he should improve in others, even covetousness and breach of law. And by retaining benefices which belong not unto him, for so much, as upon the receipt of a second benefice, the former by law is merely void, he hath by consequence contracted an other man's goods, and so committed theft or ravin; he retaineth moreover the said parish Churches, both to the detriment of his own salvation, and the health of other men's souls, for so much as he being by law itself deprived from these benefices, the cure of their souls, did no more belong unto him, and so were they damnably deceived. Out of which constitution one other conclusion may thus be gathered. 1 Unjustly to take that which belongeth to an other man, and so after a sort to commit theft or ravin, is unlawful, and not to be tolerated: 2 But he that hath many benefices, doth by unjust means take to himself that, which belongeth to an other, and therefore after a sort committeth theft or ravin: 3 Therefore, etc. 89. Distinc. c. singula. ECCLESIASTICI IVRIS officia singulis quibusque personis sigillatim committi jubemus, etc. We command saith he, that singular offices belonging to the right of the Church, be committed severally to singular persons. For, as in one body we have many members, and all members have not one office, so in the body of the Church, there are many members according to the true saying of S. Paul, in one and the same spiritual body, this office is to be committed to one, and that office to an other, neither is the charge of two things to be committed at one time to any one person, be the said person never so cunning or expert. For if all were the eye, where were then the hearing. For as the variety of the members, having divers offices, both keepeth the strength of the body, and preserveth the beauty thereof: Even so divers persons having divers functions, distributed unto them, make manifest the strength and comeliness of the whole Church. And, as it is an uncomely thing in the body of man, that one member should do his fellow members office: Even so is it hurtful and most wicked, where the minesterie and function of several things, shall not be distributed to so many several persons. And in an other Chapter. Let no Elder have two Churches, both because it is a proper kind of merchandise, and filthy gain, and also altogether contrary to the custom of the Church. 16. q. 7. c. per Laicos. in si. From whence I conclude thus: 1 Whatsoever is contrary to a good custom of the church, is not to be tolerated. 2 But for one Clerk, to be placed in two benefices, is contrary to the good custom of the church: 3 Therefore for one Clerk to be placed, etc. 1 Whatsoever is a proper kind of merchandise, and filthy gain, is to be avoided in the church: 2 But for one man to have many benefices, is a proper kind of merchandise, and filthy gain: 3 Therefore, etc. 1 Whatsoever is undecent, and uncomely in the Church, is unlawful: 2 But for one man to be placed in two benefices, is undecent and uncomely: 3 Therefore for one man to be placed in two benefices, is unlawful. BEside these Canons, there are many more establishing the not having of many benefices for one man: but to recite all, were a labour superfluous, considering the effect of all, is contained in these. And yet Octobones provincial constitution, wherein divers other absurdities, than whereof mention hath been yet made against the unlawful retinue of many benefices, are expressly all eaged, is not amiss to be repeated, Who saith as followeth. Octob. de inst. seu collat. cap. 2. EX HIIS AUTEM. etc. We suffice not to speak, how great evils proceed out of these pluralities unto the church: For by them the honesty of the church is defiled: Authority is nought set by: the faith of Christ is trodden under foot: love is banished, the hope of the poor expecting any void benefice is frustrate: The miserable and blind sinner boasting himself as a guide, doth not so much receive, as steal that, that belongeth not unto him. Among the rich themselves also strifes and contentions arise, brawls and envies are nourished. And for this cause we chief fear the fire of God his wrath, to have been kindled against men of such rule, and for the offences of some to have sent a fear or revenge against all, and whilst we see nothing so perilous, we fear such or greivouser things in time to come, unless God by his mercy respecting us shall lay to some wholesome remedy. If the disease and malady of pluralities, in time of ignorance and superstition was such, 5. P. 2. that the blind leaders of the blind, had their eyes in their heads to see the infection there of to be most perilous, as well to their synagogue, as to their common wear: how is it possible, that plurified men in the time of the knowledge and truth of the Gospel, should find any means, to escape the fire and revenge which the idolaters feared. And not only these Canons and provincials, but the statute laws of England also made against these excesses, prohibit likewise the having of more benefices, as appeareth by an Act of Parliament, made the 21. year of Henry the 8. the tenor whereof ensueth. [And be it enacted that if any person or persons, having one benefice with cure of souls, being of the yearly value of 8. pound or above, accept and take any other with cure of soul, and be instituted and inducted in possession of the same, that then and immediately after such possession had thereof, the first benefice shall be adjudged in the law to be void: And that it shall be lawful to every patron, having the advowson thereof to present an other, & the presented, to have the benefit of the same in such like manner and form, as though the incumbent had died or resigned: Any lilence, union, or other dispensation, to the contrary here of obtained notwithstanding: And that every such licence, union, or dispensation, had or hereafter to be had, contrary to this present Act, of what name or names, quality or qualities soever they be, shall be utterly void, and of none effect]. As touching any other Canons made and in force, before 25. Henry 8. allowing certain immunities, privileges and dispensations to be granted, for the possessing of many benefices & parish Churches rightly understood, are no way prejudicial unto these former ordinances. For in things depending upon the mere disposition of man, though the magistrate have authority, as well generally to forbid and prohibit, as also in some cases besides the said law, to licence and dispense: Yet concerning the matter of pluralities, it will not be found. Pluralistes (I confess) and their abettors, ground their assertions upon these and such like rules following: viz. Eius est destruere, cuius est construere: eius est interpretari, cuius est condero: Papa qui ius condidie, est supra ius, maiorem enim retinuit potestatem. etc. That is, To him it belongeth to pull down, to whom it belongeth to set up: and the interpretation of the law, belongeth to the law maker: the Pope that made the law, is a 'bove the law, because he hath retained a greater power to himself, than he hath given to the law: The pope hath a fullness of power to dispose of benefices at his pleasure. And therefore say they; As Churches were at the first by Law positive, both founded and distinguished: so may they again by the same law positive, either be clean taken away, or united. Which unnecessary and sophistical consequence, is simply to be denied. First, for those former rules, generally understood without limitation and distinction, be either utterly false, or else contrary and repugnant to other principles of law. Again, concerning these or any other like general conclusions in law, I answer and that by an unfallible maxim in law that no rule, can be so generally given in things of mere policy and disposition of man, only devised by man, (of which sort these former rules are) that receiveth not some limitations and restrictions. And that therefore these principles, whereupon the foundation of pluralities is laid, being weak, and easily shaken with a little blast of man's wit, can not stand or have any sure settling, in as much as against the same, many challenges may be made, and many exceptions taken. Secondly, the foresaid coherence followeth not, for two apparent and principal fallacies contained in the same, as afterwards shall be manifested. But first, touching these rules before mentioned; Eius est destruere cuius est construere, etc. He may break a law, that may make a law, the same is not always true. It taketh no place, Vbi causa prohibitionis est perpetua, Where there is a perpetual cause of a prohibition: For then the cause being perpetual, the prohibition ought to be perpetual. Quia perpetuam habet causam prohibitionis, nulla est obligatio. Because it hath a perpetual cause of prohibition, there is no obligation. ff. de verb. oblige. l. si stipuler in id & glos. extra de simo. c. si quis. ver juramentum. As for example: the reason and cause of prohibition against murder, theft, ravin, blasphemy, is perpetual, and therefore the law against murder, theft, ravin, and blasphemy, aught to be perpetual: And therefore man having once made laws against these vices, it is not lawful for man afterwards, to dispense with these vices, or by licence to warrant any man to steal, to kill to spoil, or to blaspheme. For whosoever shall in this sort dispense with a law, the same also may dispense with the reason of the law, and so with the soul and life of the law, and so make the law a vain and dead law. Ratio legis est anima legis, The reason of the law, is the soul and life of the Law: & therefore as none may dispense with the reason of the law, or take away the soul & life of the law: so none may dispense with the law, or take away the law. Now for as much as it is not lawful for all the Princes in the earth, to change or dispense, or take away the reasons and causes of the Laws prohibiting many benefices: Therefore it is not lawful for them to change, or dispense, or take away the laws against pluralitites. The reasons whereupon pluralities are forbidden, are reasons taken from the law of nature, and from the equity of the law of God: Institutio. de iure. not gen. & ci. § sed naturali●. but none can alter or take away the law of nature, or dispense with the law of God: therefore none can alter or impugn or dispense, with the reasons of either of them. For as the law of nature is immutable, so is the reason of the Law of nature immutable: and as the will of GOD is unchangeable, jam. so is the equity of his Law unchangeable to. If then natural reason be the cause and soul and life of a natural law, and the will of God the only cause of the Law of God, and his only will the rule of all justice unchangeably, none can challenge authority, to change or dispense with the Law of nature, or with the law of God, but he must forth with challenge authority to dispense both with the reason of the Law of nature, and with the pleasure and will of God. And therefore out of the premises I conclude thus. 1 Wheresoever the cause of a prohibition is perpetual, there the prohibition ought to be perpetual: 2 But the cause of the prohibition against pluralities is perpetual: 3 Therefore the prohibition ought to be perpetual. 1 Every law grounded upon the reason of nature & the equity of the law of God is immutable: 2 But the laws prohibiting pluralities, are grounded either upon the reasons of nature, or upon the equity of the law of God: 3 Therefore all the laws prohibiting pluralities are immutable. Institut. de iure natu. gent. & civi. § sed naturalia. THe first proposition of the first syllogism hath been proved already: the first proposition of the 2. syllogism is manifest, Omnia naturalia sunt immutabilia: All natural things are immutable, james. and there is no altering or shadowing by turning with the almighty. The second proposition of either syllogism shall be manifested by that that followeth. But first to answer the fallacies before spoken of, because pluralities are not forbidden by law positive of man alone, but prohibited also by the law of nature, and by the law of God: therefore it followeth, that they may not be tolerated by law positive of man alone. And therefore if plurality men would fitly argue to conclude their purpose, they should frame the same after this sort. 1 Whatsoever is prohibited by the law of man alone, the same by the law of man alone, may be licenced again: 2 But pluralities are forbidden by the law of man alone: 3 Therefore they may be licenced by the law of man again. THe second proposition of which syllogism being utterly false, you see evidently, wherein the conclusion halteth, and the fallacy consisteth, and therefore I conclude against them thus. 1 Whatsoever is forbidden by the law of nature, and by the Law of God, the same cannot be licenced by the law of man alone: 2 But pluralities are forbidden by the law of nature, and by the law of God: 3 Therefore they cannot be licenced by the Law of man alone. And again. 1 Whatsoever ratifieth a thing monstrous and against nature, the same may not be privileged by the law of man: 2 But dispensations for Pluralities ratify monstrous things, and things against nature. 3 Therefore dispensations for Pluralities may not be privileged by the law of man. THE second Proposition of the first Syllogism, shall be proved in his place. The second Proposition of the last Syllogism, I prove from the etymology or description of a privilege or dispensation: for a privilege, & a dispensation in effect signify both one thing. Glos. lib. 6. de rescript. c. vers. in principio. Extra. de judic. c. At si clerici. § de adulteriis. Privilegium dicitur, quod 〈◊〉 contr●… commune in favorem aliquarum personarum super prohibitis disponsatur, quia permissa, iure communi expediuntur, prohibita vero dispensatione egent. A privilege is said to be that, that for the favour of certain private persons, cometh forth against common right●… things prohibited are dispensed with, because things permitted are dispatched by common right, but things forbidden require dispensation. By which descriptions of a privilege and dispensation, it is apparent, that a Privilege and dispensation for pluralities, must licence and authorize that, that the Law against Plurality doth infringe and disallow, and so be a Law contrariant, and repugnant to the Law against Pluralities: but the Law against Pluralities, is the Law of nature and the Law of God. Therefore a Privilege or dispensation for Pluralities, is against the Law of nature, & against the law of God: a more monstrous law was never established. Now that pluralities are forbidden by the Law of Nature, & by the law of God, which was the second Proposition of my first Syllogism, I prove thus. All the reasons, whereupon the positive Law of man against Pluralities was first established, are taken and drawn from the Law of Nature, and from the Law of God: The reasons and causes of the prohibition are these: First the avoiding of covetousness, of Ambition, of Theft, of Murder of Souls, of a Dissolute, a roaging, and a gadding ministry: the necessity of comeliness and decency in the Church, are special and primary causes for the prohibiting Pluralities: but all these are forbidden or commanded by the Law of God: therefore the causes of the prohibition of Pluralities, are grounded upon the will of God, and therefore immutable, and therefore not to be dispensed with. Again: for one man to have the Stipends of many men: for one man not able to discharge his duty in one place, and yet to have many charges in many places committed unto him: for one man to hinder another man from ordinary means to do good to the Church: all these causes I say are second causes for the prohibition of Pluralities: but all these causes are causes of reason and nature, therefore by the Laws of reason and nature, Pluralities are forbidden: and therefore not to be dispensed with, no more than theft or murder or blasphemy may be dispensed with. And if antichrist think it Theft, ravin, Covetousness, Ambition, Pride, Murder of souls, for one man to have many Benefices without dispensation: if Antichrist account the having of many benefices without dispensation, to be a meet mean, to maintain a roving, a gadding, and a dissolute Ministry: to foster extortion and unlawful gain: what shall the servants of the Lord Christ, the son of the most highest, whom he ha●… commanded to be holy and perfect, as his Heavenly Father is perfect, defend all these horrible sins and impieties tolerable by dispensation? Can a dispensation from a Pope, or an Archbishop make theft no Theft? ravin no ravin? Covetousness and Ambition, no Covetousness and no Ambition? I speak herein to Christians, which ought to maintain the Law of Christ, against the law of Antichrist. For I know some of the Popes Chaplains, grounding themselves upon these rules of Law, whereof mention hath been made before, and giving unto the Pope Merum imperium, an absolute power on earth, will affirm, that the pope can make Nihil ex aliquo, and aliquid ex nihilo. Nothing of somewhat, & somewhat of nothing. Vid. gloss. Extra de confess. prebend. c proposuit. vers. si pran. ius. Sin to be no sin, & no sin to be sin. These blasphemies they spew out, & these blasphemies they maintain, that think they may be thieves & murderers & extortioners by dispensation. §. Apostoli dispensat 34 distinct. c. lector. And such are plurified men by their own plurality laws, as shall further be manifested: For as to the making of every general and public ordinance & constitution, it is necessarily required, that the same tend, first to the advancing of the honour, praise & glory of God: Glos in c. non est extra. de voto vers. authoritate. secondly that it be profitable & expedient for the peace and safety of the weal public: even so, every superior & Potentate, to whom authority by law is given (in some cases) to grant privileges, aught in the same cases to observe the like conditions & circumstances, to the end their said privileges may be available & take effect, without the dishonouring of God and prejudice to their country and people. For, though a Dispensation be but a fiction in law: yet is that fiction indeed, of as great force and efficacy in that feigned case, and worketh as great effect, as the truth of the Law itself in a case of truth: Cod. de coll. dec. l. liberos And by Law it is all one in effect, whether I enjoy any Benefit by privilege, or by common right. And therefore as a law public, must be equal, honest, just, possible, agreeable to the Country, place and time, necessary, profitable, not written for any private commodity; but for the common profit of the people: Distinct. 4. c. orit. so likewise must a Privilege have all these conditions and qualities. Otherwise as a general and public Law, loseth the name of a public Law, unless it be such as hath the foresaid coherences: even so a Privilege loseth the name of a private Law, unless it have the like Adiunctes. The second fallacy wherein plurality men beguile themselves, is as evident and palpable as the first. They reason thus. Churches were established, and parishes distinguished by man: therefore Churches and Parishes may be united by man: and if Churches may be united by man, than one man may have many Benefices. The Antecedent of which Enthimeme is sophistical, because of the double and treble signification of the word Churches, and therefore the argument limpeth after the same manner, as the former did, attributing the establishing of Churches, to man only: for if they should mean by this word (Churches) frames of Churches, fashioned of Timber, Wood, Stone, mortar and such like, then say they truly, that Churches were builded and founded by man: as to say by Masons, Carpentors, Tylars, etc. But they will not have the name of (Churches) in their Argument to be taken in this sense. Their meaning (I am sure) is not so, they have no such intent: for so might they rather burden themselves with the reparations of many Churches, than profit themselves, with the revenues of many Churches: And by being Lords of many Steeples after that sort, they might gape long enough upon them, before they gained aught by them. If they mean by this word (Churches) congregations and assembles of people, then is their assertion absolutely falls, because the Lord hath willed all his people, to gather & assemble themselves together, to the intent they should call upon his name: And then in this sense their conclusion must needs fail also, because it is both impossible for all the people to be assembled together into one place, and also impossible to hear one man's voice. But Churches again taken & understood in this sense, as they make not for their purpose one way: so are they not curraunte to themselves and their senses an other way. They would teach and preach little enough, and be weary of well doing soon enough: had they not respect to grease themselves, rather with the fat of the labour of the people, then diligently to govern and instruct the people: And therefore I guess their meaning to be, that Churches in their former proposition, should signify the livings of Churches, and therefore their argument to be thus in effect. livings of Churches are established and distinguished by man: therefore livings of Churches may be taken away, or united by man; wherein they attribute still to man alone, that, that in no wise appertaineth to man alone: for as Congregations are appointed by the Lord himself, so are pastors over Congregations, and livings for pastors likewise appointed by him. And therefore as congregations of the Lords people cannot be altogether dissolved by man alone, so ought not the livings appointed for the pastors of the same people to be taken away by man alone. Do ye not know (saith the apostle) Cor. 1. 9 13. that they which minister about the holy things, eat of the things of the Temple: & they which wait at the Altar, are partakers with the Altar? So also hath the lord ordained, that they which preach the gospel, should live of the Gospel. And therefore, in saying that livings of Churches & parishes, are distinguished by man, therefore they may be united by man, though in some sense the same may be true; yet thereby it followeth not, that many livings appointed by the Lord himself for many pastors over many Congregations, should be taken from many & be given to one. They might aswell conclude that whereas the lord had commanded the land of Canaan to be divided amongst the children of Israel by the hand of Moses: and whereas Moses, had given unto some one family, a greater portion, and to some other family a lesser portion: that therefore joshua Moses successor, might have taken both the greater and the lesser, and given it to one alone, or to have taken all the portions & inheritances allotted unto divers & sundry of a family, and to have given them to one of one family alone: or whereas Moses according to his commission, had distributed the land into twelve parts, according to the twelve principal and chief families: joshua might have made but two or three, or four Captains, over all the whole twelve tribes. As our ancestors in times past, bounding and limiting parishes, have enlarged some with wider borders, and straightened some with narrower passages than was meet and convenient: So were it very good and commendable for men of wisdom in our days; to yield to have a better equality, then that some should have all, and some never a whit: some two or three thousand pounds by the year; and some scarcely xx. Nobles, so that the pastor that now hath too little, might by some means have sufficient: and that he that hath now too much, might have a convenient competency. If Sempronius the tailor, should make Titius his garment too short wasted; and Seius his garment too long wasted; it followeth not therefore, that Caius the pilferer, to make himself a garment, should by stealth convey both garments away. By the unfolding of these fallacies, you may judge, that if plurality men, to serve their turn indeed, could have framed their argument skilfully, they would then have fashioned the same after this sort. 1 Whatsoever is established and distinguished by man alone, the same may be taken away and united by man alone. 2 But Churches, that is to say: Congregations of the Lords people: pastors of these assemblies, and the livings for the pastors of these assemblies, were established and distinguished by man alone: 3 Therefore Churches, pastors and livings for pastors, may be taken away, and united by man alone. Now because the Minor proposition of this syllogism is utterly false; therefore I conclude against plurality men thus. 1 Whatsoever is established and distinguished by the Lord himself; the same may not be taken away or united by man: 2 But Churches, that is to say, assemblies and societies of the lords people, pastors of these assemblies, and livings for the pastors of these assemblies, are established and distinguished by the Lord himself: 3 Therefore Churches, that is to say, assemblies of people: pastors and livings for pastors, may not be taken away, or united by man. THE Minor proposition of which Syllogism, to every man, not minded to cavil at these words, (Established and distinguished) is infallible, and not to be denied: for though bounds and limits of certain parishes, are bordered out by man: and that a certain number of people, called to make one Congregation, and to hear at one time, in one place, one certain pastor, be at the rule and disposition of man: yet that these things should be thus done, is the special commandment of the Lord. Moreover when as this thing shallbe once thus performed by man (according to the Lords commandment) it shallbe & is lawful for man again, where the congregation is too great to make the same less, and where it is too little, to make the same greater: and in this sense I grant, that as it is lawful for man to establish & distinguish: so it is lawful for man, to take away and to unite Churches and livings. But because this is not the meaning of pluralists, for that they will have one pastor, to be placed over many Congregations, & many congregations to find one pastor: many bodies to have one head: & one head to have many bodies: many flocks to have one shepherd, & one shepherd to have many flocks: Therefore mine argument without any cavil, remaineth firm against them. And for these considerations, as before, so again I deny the consequence made by plurified men, for the possessing of many benefices by one man. For, though by colour of law, they pretend right unto them: yet the law indeed yieldeth them no such advantage, because dispensations for many benefices and parish Churches, with cure of souls generally granted, are, and aught by law to be utterly void and of none effect, as partly hath been proved, and more at large appeareth by that that followeth. Glos. 1. q. 7. c. requiritis. Dispensatio est juris communis relaxatio, faecta cum causae cognition, ab eo qui ius habet dispensandi. A dispensation is a relaxation or release of common right, granted by him that hath power to dispense, having first taken knowledge of the cause thereof: that is, having considered, whether there be just cause to move him to grant a privilege or dispensation, against common right or no. By which definition it is evident that Dispensare, is diversa pensare, nam omnia quae ad causae cognitionem pertinent, pensare debet, qui Dispensare vult. To Dispense, is to ponder divers things: for he that will Dispense, aught to weigh and to consider all those things, which pertain to the knowledge of the cause. In which descriptions, three things are principally requisite & necessary. First the person or judge that hath authority to dispense: Secondly, the causes for the which dispensations may be granted: And lastly an examination or discussion of those causes. So that if any dispensation or faculty whatsoever shall be granted, either A non judice, by one that is no judge either without a lawful cause: or lastly without aspeciall trial and sifting of that same lawful cause, before it pass: every such dispensation by a necessary consequence, is merely void, because every such dispensation agreeth not to the definition of a dispensation, and therefore can not be the thing defined. Glos extravagant de prebend. & dignit. c. execrabilis ver. ultima. Concerning the party that hath power and authority to grant dispensations, and to take knowledge of the lawfulness of the causes, requisite to make dispensations goodland available, the same in this Realm, is the Archdishop of Caunterbury: H. 8. and upon his refusal then, such as her highness shall appoint to that office, according to the form of a statute provided in that behalf. And therefore, touching his person thus appointed to be judge, I conclude from the general to the special as before: that because the positive laws of man, against pluralities, are all grounded either upon the law of nature, or upon the law of God: And because as the laws of nature and the laws of God, are immutable, so should the same positive laws remain stable and unchangeable: that therefore the Archbishop of Caunterbury being a man, hath no more right to give a dispensation against the positive laws of man, made against pluralities, than he hath to give a dispensation against the law of nature, or against the law of God. Glos. extra. de vot. c. non est ver authoritate. Extra. de concel. preb. proposuit ver. supra etc. cum ad monasterium: ex de statu monocho. For saith the gloze in one place: No dispensation against the law of nature, or against the law of God is tolerable, no not by the Pope himself. As touching the causes whereupon the said Archbishop, or other officers, should, and ought be moved, by remitting the rigour of common right, to grant immunities and dispensations they are two fold. One consisteth in the dignity and worthiness of the persons, the other in the weightiness of certain special causes. Unto what manner of persons dispensations ought to be granted. For in truth, either the defect of the quality of the person, or the want of a just cause in law, doth frustrate and make void every dispensation. For neither can a man qualified, and in all respects capable of a dispensation, enjoy the benefit thereof, unless he may also enjoy the same upon a good ground, and just cause warranted by law. Neither can a just cause and good ground approved by Law, be sufficient matter to induce a judge to grant a dispensation, to him that is unable and unapt to receive the same. A man well Lettered, singularly qualified, and endued with virtue and godliness, or of some noble house and parentage, is by Law a fit and meet man to enjoy more benefices by dispensation than one: Neither is it a sufficient qualification, for one destitute of learning to become a Chappleine only to some Noble man: For the statute providing that some Noble men's Chappleines, should be made capable by dispensation to retain more benefices, doth not thereby take away the qualities required to be in such persons, by common right, but addeth a new quality, requisite to be had of every one, and so maketh the law stronger, and of more efficacy against pluralities. Panor. in c. ex part. l. 3. de verb signi fi. fol. 189. nu. 3. Statuta debent intelligi, quod aliquid addant iuri communi: Statutes ought so to be understood, that they may add somewhat to common right. Extr de prebend. c. ff. de multa. Circa sublimes & literatas personas, quae maioribus beneficiis sunt honorandae (cum ratio postulaverit) per sedem apostolicam poterit dispensari. Concerning men of Nobility and learning, who with greater benefices are to be honoured, the Apostolic sea (if reason shall require) may dispense with such. And in an other Chapter the same is confirmed. Extr. de elec. c in●…otuit. MULTA ENIM in hoc casu dispensationem inducere videbantur: literarum scientia, morum honest as, vitae virtus, & fama personae multipliciter a quibusdam etiam ex fratribus nostris, qui eum in scholis cognoverant approbatae. Many things in this case seemed to lead to the granting of a dispensation; his learning, his honest conversation, his upright life, and the good report of the person diversly commended, even by some of our brethren, which knew him at school. These gifts and graces, these qualities, and these conditions, are incident and appertain by common right to these men, that by way of dispensation, may possess many benefices. Whosoever then is not commendable for his learning, for his honesty, for his sincere life, or not of some ancient and noble family, the same man by law is utterly barred and secluded from this benefit. The second quality required to the validity of every dispensation, is the weightiness of some special cause, as appeareth in the Chapter before recited in these words, Cum ratio postulaverit, When reason requireth. Extra. de voto. c. 1. And again, we answer saith Alexander the third, in a decretal Epistle written to the Bishop of Exeter, that it belongeth to the judgement of him that is Precedent, that he consider diligently the cause of commutation, and so accordingly to dispense. And by the Chapter Magnae, Extra de voto, It is plain and evident, that there must be some special cause known, for the which every dispensation is to be granted. For as I said before, to the end that every dispensation be good and available by Law, there is required necessarily, both the ability of the person to whom, and the justice of the cause for which the same aught to be given. For neither may an able man without a just cause, neither a just cause without an able man move the judge in anywise to dispense. And to tell you what these special causes are, in few words they are these, urgent necessity, and evident utility of the Church. Extra. de ele. c cum nobis. Propter urgentem necessitatem, & evidentem utilitatem ecclesiae Capuanae, quam in hac part potius approbamus, volumus ipsum firmiter perdurare. Necessity & utility of the church, only just causes of a dispensation For the urgent necessity, and evident utility of the Church of Capua, which on this behalf we rather have respect unto, our pleasure and will is, that he continue. It is unlawful by common right for a Monk or Layeman, to be admitted to the government of any church with cure of soul: yet notwithstanding, if by reason of war, famine, persecution, or other extraordinary cause, the office of pastoral teaching did cease, so that the people had none to instruct them in the way of salvation: 1. q. 7. requiritis. §. nisi. now in this case it is lawful for him that hath authority to dispense with a Monk or Layeman, endued with learning, to the end he might by instruction, bring the people to knowledge. It is unlawful that children borne of a Nun, violently taken away and married, should be admitted to any Ecclesiastical orders: Notwithstanding, if the great profit or necessity of the church require, they may by dispensation be admitted: Suppose there were a custom of long continuance, and time out of mind in the Church of Paul's, contrary to the first foundation of the Church, that not only the Prebendaries daily present at divine service, but also others absenting themselves, should receive every one a like, some daily pension, either in money, or some kind of victual: this custom by law is void, because it is unreasonable. And yet notwithstanding any just and necessary infirmity of the body of any prebendary, or evident utility of the same Church, may be a lawful and sufficient inducement for the Ordinary, to dispense with the not restoring of that which was unlawfully taken, under pretence of the former custom. If by the first foundation of the church of Paul's, twelve prebendaries were appointed, to be maintained by the revenues of the Church, and the said revenues were not sufficient for the maintenance of these twelve, the Bishop then in this case, if the necessity and utility of the Church so require, may annect certain other Chapels for the maintenance of the said prebendaries. These examples do sufficiently prove that every dispensation, privilege or immunity, aught to be granted upon some just and reasonable cause: and that the said just and reasonable cause, ought evermore to be the urgent necessity, and evident profit and commodity of the Church. And that the said urgent necessity and evident commodity of the Church, ought evermore to be understood, the well governing of the souls of the people. If therefore, neither urgent necessity, or evident utility of the Church, require that any one should have many benefices, yea rather, if it be most profitable and necessary for the Church, that one man should have but a living appointed for one man, and that by joining benefice to benefice, and Church to Church, the Church indeed is marvelously wounded, grieved and molested: and that the souls of the people, are thereby not governed at all, but left at random to their own direction having no guide, to conduct them: every one may evidently discern, dispensations in that behalf, to be altogether intolerable, having no ground nor foundation, of reason, equity, or law; but only granted for the private gain and lucre, of some covetous & vain glorious persons. Whereas it may be answered, that the statutes of the Realm, licensing divers Ecclesiastical persons, qualified either by degree of school, or by service unto nobility, aught more to be respected in this behalf, than the reasons of the Canon law. Hereunto I answer, that for my part, I heartily desire and pray unto God, that these laws might be respected, and that the law of England might rule an English man in this case. But alas, our laws, are bells without clappers: they are founded, but they sound not, they are bands, but they bind not. For though by the statutes of the realm certain noble men's chappleines, and others graduated in the Universities, be qualified, & made capable of dispensations, yet I deny the laws of this realm to approve any manner of dispensations tolerable at all, for any kind of these qualified men, unless the same be; first, in cases of necessity for the peace of the common weal: Secondly, in cases of conveniency, for the honour of her highness person: and lastly, warranted by the holy scriptures & laws of god. For though the statute make some men, fit men for the Archb. to work upon, and as it were anvils for him to strike upon, yet the same statute imposeth no necessity, for the B. to work without the word. But if it be lawful by the word, then by the law, he may if he wil But if it be unlawful by the word, them he may not though he would. The law followeth. [Be it enacted that neither the king, his heirs and successors, kings of this realm, nor any of their subjects of this realm, nor of the kings dominions, shall from thence forth sue to the sea of Rome, or unto any person or persons, having or pretending any authority by the same for licences, dispensations, impositions, faculties, grants, rescriptes, delegacies, instruments, or other writings, of what kind, name, etc. for the which any licence, dispensation, composition, faculty, grant, rescript, delegacie, instrument or other writing, heretofore hath been used and accustomed to be had and obtained at the sea of Rome, or by authority thereof, or of any prelate of this realm, nor of any manner of other licenses, dispensations, compositions, faculties, grants, rescriptes, delegacies or any other instruments or writings, that in cases of necessity may lawfully be granted, without offending holy scriptures & laws of God: but that from henceforth every such licence, etc. aforenamed & mentioned necessary for your highness, your heirs or successors, & your & their people and subjects, upon the due examination of the causes & qualities of the persons procuring such dispensations, licenses, etc. shallbe granted, had & obtained, from time to time within this your realm, & other your dominions, & not else where in manner and form following, & no otherwise: that is to say, the Arch. of canterbury for the time being, & his successors shall have power & authority from time to time by their discretions, to give, grant, & dispose by an instrument, under the seal of the said Archb. unto your Majesty and to your heirs & successors, kings of this realm, as well all manner such licenses, dispensations, faculties, grants, rescripts, delegacies, instruments, & all other writings for cases not being contrary or repugnant to the holy scriptures & laws of God, as heretofore hath been accustomed to be had & obtained, by your Highn. or any your most noble progenitors, or any of yours or their subjects, at the sea of Rome, or any person or persons by authority of the same, & all other licences, dispensations, faculties, etc. in & for, & upon all such causes & matters, as shallbe convenient and necessary to be had for the honour & surety of your highness, your heirs & successors, and the wealth & profit of this your realm: so that the said Archb. or any his successors, in no manner wise shall grant any dispensation, licence, rescript, or any other writing afore rehearsed, for any cause or matter repugnant to the law ofalmighty god.] This act is renewed 1. Elizab. Provided always, that this act, nor any thing or things therein contained, shallbe hereafter interpreted or expounded, that your grace, your nobles & subjects intent by the same to decline or vary from the congregation of christ his church in any thing concerning the very articles of the catholic faith of Christendom, or in any other things declared by holy scripture, and the word of God, necessary for your and their salvations, but only to make an ordinance by policy, necessary and convenient to repress vice, and for good conservation of this Realm in peace, unity, and tranquillity from ravin and spoil. In which Act is set forth unto us, what great care and circumspection, our ancestors in the twilight of the Gospel, had for the abolishing of corruptions, & the establishing of a sincere government, both in the Church and common weal: and how diligently and faithfully they provided, that no manner of dispensations, licenses, or immunities, should be had or obtained, but in cases of necessity; in cases not contrary or repugnant to the laws of God: in cases wherein the wealth, profit, peace, and conservation of the realm requireth: in cases convenient for the honour & safety of the king's person, with a due consideration always of the causes & qualities for the which, & of the persons to whom, any licence or immunity should be granted. And therefore out of this statute, first I conclude thus against plurified men: 1 Whatsoever cause or matter, is repugnant to the law of God, the Archb. may not dispense with the same. 2 But the matter of having many benefices, or being Non residents, is repugnant to the laws of God. 3 Therefore the Archbish. may not dispense with the same. Again. 1 Whatsoever is not necessary for the wealth, peace, profit, and conservation of the realm, the same by this statute is forbidden. 2 But that one man should enjoy, by way of dispensation from the Archbish. livings appointed for many men, is not necessary for the wealth, peace, profit, and conservation of the realm. 3 Therefore the same is forbidden by this statute. Lastly: 1 Whatsoever is not convenient for the honour and safety of her highness person, the same by this statute is forbidden. 2 But it is not convenient for the honour and safety of her highness person, to have the Archbish, disspence for many benefices. 3 Therefore by this statute the Archbish. is forbidden to dispense, etc. THe Minor proposition of the first syllogism, hath been already sufficiently proved by many in fallible conclusions of Law, and undoubted truths of the word of God, and therefore it is needless to make any repetition thereof. Only I would have the reader diligently to mark the words of the Statute, forbidding all manner of Dispensations, in any matter or cause, repugnant to the word of God. For though the adversary cavil, that we find not in the scriptures these Terms: Viz. Licenses, tolerations, Dispensations, etc. precisely specified in any commandment, prohibitory in the Scriptures: Yet in as much as the matter or cause of Dispensations for many benefices, is there generally forbidden: as ambition, pride, covetousness, peril of souls, etc. It is against the peace & profit of the common weal, that the Archb. should dispense. Therefore it followeth, that by this statute Dispensations in this case are absolutely inhibited. The minor proposition of the second Syllogism, may be confirmed by three evident reasons. First from the event, which by our own common and daily experience, we too too well know to be true. For by the same we see a few wealthy and rich Prelates, in pride & jollity to be maintained, and a great number of needy Stipendiary Curates and poor Ministers, to be utterly destitute of meet and convenient allowances; so that sometimes after their disease, their distressed wives and Children, are forced either to be relieved by the several Parishes of their aboades, to the impoverishing of the same parishes: or else constrained to beg from place to place, & so be chastised as rogues; or pilfer & steal, and so be punished as felons. Secondly, by a comparison drawn from other Statutes of the realm, providing that one rich and mighty man, should not exercise many several mysteries, trades and faculties, and so rob the poorer sort from the ordinary means, whereby they might live well and honestly in the common wealth. The third reason is taken, from an adjunct or common accident to every common weal, rightly governed: that is, that the last wills and Testaments of all and singular testators, be duly execued, especially such, as whereby the honour of God is promoted, the Church and common weal manifestly regarded: but unto the performance of the the last wills and Testaments of many patrons endowing many churches with large and ample possessions, to the intent convenient living might be always provided for Pastors to be resiant, and to feed their posterity with the food of life, the word of God: there can be nothing more prejudicial, or more derogatory, then that these several patrimonies and inheritances, appointed by several patrons, for several Pastors, to such several and good uses, should by the dispensation of one man, be transformed and given to another use, contrary to the testator his intent and purpose. And therefore I confirm my Minor Proposition by these three conclusions. 1 Whatsoever is an occasion that poor and needy Ministers, their wives and children do want a competent & convenient maintenance, the same is not necessary, for the profit, peace, wealth, and conservation of the common weal: 2 But that one man should by dispensation, enjoy many benefices is an occasion that poor and needy Ministers, their wives and Children do want a competent and convenient maintenance. 3 Therefore that one man should by dispensation, enjoy many benefices, is not necessary, for the profit peace, wealth, and conservation of the common weal. 1 Whatsoever is an occasion that one man should enjoy the offices & livings of many men, the same is not necessary for the peace, profit, wealth and conservation of the common weal. 2 But that one man should by dispensation enjoy many benefices, is an occasion that one man should enjoy the offices and livings of many men. 3 Therefore that one man should enjoy by dispensation many benefices is not necessary, for the peace, profit, wealth, and conservation of the common wealth. 1 Whatsoever is prejudicial and derogatory to the last wills and testaments of Testators, disposing their patrimony to lawful & holy uses, the same is not necessary for the peace, profit, wealth and conservation of the Realm. 2 But that one man by dispensation, should enjoy many benefices, is prejudicial and derogatory to such last wills and Testaments. 3 Therefore that one man by dispensation should enjoy many benefices, is not necessary for the peace, profit, wealth and conservation of the Realm. It is inconvenient for the honour & safety of her highness person, for the Archb. to dispense. COncerning the validity of the Minor proposition of my third syllogism; drawn from the conveniency of her highness honour (namely that it is not convenient, for the honour and surety of her highness person, to leave any manner of authority, for the Archb. to dispense) none may well doubt thereof, but only such as respect more the pomp and glory of an Archb. then the dignity & pre-eminence of a Christian King. For in good sooth, this statute made principally to abolish all usurped power, challenged by a foreign, & Romish pope, over the king & his subjects, & yet to authorize a domestical & English Archb. in his room, containeth in it, such a contrariety, & such an absurdity, as it is wonder how either any Archb. durst challenge the execution thereof, or else how her highness most noble Father, & brother, & her highness own person, could endure the same so long uncanselled & vnrepealed, especially the same being most prejudicial to their regal crowns and dignities. For first, by the virtue of this Statute, it is enjoined the Archb. and his successors in no manner wise, to grant any dispensation, licence, rescript, or any other writing for any cause or matter, repugnant to the law of Almighty God. Secondly, it is permitted unto the said Archbish. and his successors, by their discretions to grant unto the K. Majesty, and to his heirs and successors, Kings of this Realm, all manner such licenses. etc. as heretofore have been accustomed to be had and obtained by his Highness, or any his Noble Progenitors, or any his subjects at the sea of Rome. Which two clauses, without dishonour to the Majesty of God, or prejudice to her highness prerogative, cannot possible establish a sound and perfect Law. For, first in as much as the pope's person, was never duly qualified to be a Lawful dispenser, or any lawful Magistrate in the Church of God, it is manifest that every dispensation granted at that time at the sea of Rome, was directly against the Law of God, as granted by one that was no member of the Church of God. Again: In as much as the truth of the Gospel warranteth us, that simony, Usury, Perjury, Adultery, Incest, Nonresidency, many benefices, Marriages against the levitical Law: observations of superstitious days and times, not eating of flesh in Lent, and such like, are against the Law of God: it is evident that dispensations granted at that time, for these and such like things, at the Sea of Rome, were granted in causes and matters repugnant to the law of God, and so by the former branch of this statute being precisely disallowed, cannot by the second branch, of the same be generally approved. For how can one & the self same law, forbidden and command, things so contrary and repugnant in themselves? Or how can the Archbishop safely ground his jurisdiction upon a law so contrary and repugnant unto itself? If the Archbishop shall think that these two branches may be reconciled, & that the meaning of the former may and ought simply to be understood, as the words themselves import: and that the second branch, may and aught to be understood, to bound and limit such an authority to himself, as whereby he might grant such licenses, as were had and obtained at that time, at the sea of Rome, for matters not contrary or repugnant to the law of God: yet neither by this interpretation, is the Archbishop truly entitled unto any authority, thereby to dispense for simony, nonresidence, many benefices, marriages in Lent, etc. in as much, as such manner of licenses obtained at that time at the sea of Rome, were obtained for matters repugnant unto the law of God, and contrary to the truth of the doctrine of the Gospel: and so by this statute flatly forbidden. Which things our ancestors, not thoroughly foreseeing, neither duly examining for what manner of causes or matters, licenses were at that time obtained at the sea of Rome: but only in a generality inhibiting things repugnant unto the law of God, and never particularly describing what those things were: but leaving the same wholly to the judgement and discretion of one man the Archbishop alone, have fallen into two palpable absurdities: the one, that one man alone, hath from time to time authority by his discretion, to determine what causes are repugnant to the holy scriptures and laws of God: what causes & matters are convenient for the honour and safety of the King of England, and what are necessary to be had for the wealth and profit of the realm, three things of such weight and importance, as the whole body of the realm at that time, was scarceable to conceive, much less shall ever any one Archbish. be able to practise. The other absurdity is this, viz. that by this statute, sovereignty is given to the Archbishop and his successors to dispense with the king, and his successors, kings and Queens of England. The words of the statute are plain and evident. But what reason is there for kings and queens of England, to become wards and pupils unto an Archbishop of England? Or how agreeth it, with the word of God, that a Christian king, should in any sort, be in subjection unto his own vassal? Or what christian subject, dareth attempt to offer unto his Christian sovereign a toleration? For in case, the matter of the said toleration be pretended to concern the conscience, then if the matter be free and lawful by the law of God, a Christian king, may as well and as freely, use the liberty of his conscience, with out licence from his subject, as his subject may use his freedom, without dispensation from the king. If it be contrary to the law of God, then may neither a christian king, neither a Christian subject be dispensed with. For what man can dispense with the Law of God? And in case the matter of dispensation concern any thing appertaining unto this life, how then should the king receive a dispensation from the Archbishop, without impeaching his kingly dignity and prerogative? For either he must be dispensed with, for breach of the positive Law of this land, and have the pain of Law, remitted him by the Archbishop, which were to set the Archbishop's keys, above the kings arms: Or else he must purchase a dispensation, that he may break his Law, which were against his honour and safety. For saith the Emperor. Digna vox est maiestate regnantis, legibus alligatum se principem profiteri. C. De le. & constit. princ. l. digna. It is a word worthy the majesty of a ruler, to acknowledge himself as chief tied unto the laws. Moreover, this case between the king and the Archbishop is far different, from the case between the king and his justices at law, determining matters according to the common laws and customs of the Realm, between the king and his subjects. For they remain still the kings underlings, and in deed give but the kings judgements; they judge not the kings person, neither cometh any thing touching his person before them. But dispensations from the Archbishop to the king, concern the kings own person. The king in his royal person, or by his proctor, must appear in the Archbishop's consistory: he must allege before the Archbishop sufficient matter, whereupon the Archbishop (but a subject) may be moved to dispense with the King, his sovereign; and finally the kings wisdom must be subjecteth, to the Archbishop's discretion. And therefore to confirm the Minor proposition of my third syllogism, I conclude. 1 Whatsoever is dishonourable, and dangerous for her highness person, the same can not be convenient for her honour and safety. 2 But it is dishonourable and dangerous, to have the Archbishop to dispense with her highness. 3 Therefore, the same is not convenient, etc. WHich reason also, may as well be applied to disprove the unlawfulness of the Archbishop's dispensations, granted unto any of her highness subjects, as unto her highness own person, in as much, as her kingly prerogative and supreme government in matters lawful by the holy scriptures, is thereby impeached. The Arch. jurisdiction only advanced, & the surety of her royal person & peace of the common weal il provided for. Again, sithence every one of sound judgement understandeth the honour and safety of her highness person, only and wholly to consist in the protection and safeguard of our most mighty and most gracious God: and that nothing can be so honourable and safe for her highness, as humbly and reverently to attend, and to submit herself to the sceptre of his word. the execution of this statute by the Archbishop can not be but most inconvenient, and perilous for her highness person, in as much as partly through a corrupt construction, partly by a sinister judgement not rightly discerning what things are repugnant to the word of God, the said Archbishop dispenseth in causes and matters contrary and repugnant to the holy scriptures, which causeth the name of God to be evil spoken of, and is a dishonour unto God, and therefore no honour nor safety unto her highness person. And therefore, her highness is humbly to be entreated, to take the entire dominion, and whole sovereignty due unto her by the word of God into her own hands, and not any longer to suffer such a blemish to remain in her govenement. Had her highness most noble Father, understood his kingly person, to have undergone the Censorship of his subject, no doubt he would as courageously have fought against an Archb. as he did against an Abbot. Poverty of the person no cause for a dispensation As concerning the poverty of certain persons, pretended and alleged in defence of dispensations for many benefices, that because the revenues and profits of one benefice, is now adays not a competent and sufficient maintenance for a minister, his wife and family: that therefore, in respect of such poverty, they are necessary and to be borne withal. I answer herein first with Rebuffus the Lawyer, that Licet quis sit pauper, etc. Rebuff. de dispens. ad plu. benefi. Though one be poor, and suppose two benefices to be very necessary and profitable for him, yet for this cause the Pope may not dispense. But if it be necessary or profitable, for the Church to have a teacher, to instruct, maintain, and defend the same, then shall a dispensation be lawful. Secondly, that whosoever hath taken upon him a charge with a poor living, and stipend belonging to the same, aught by law, to content himself therewith, and notin respect of any poverty, to seek to have many livings, thereby to better his estate, or augment his living: For the law in truth is as followeth. 32. q. 5. c. horrendus. Qui inodicum recepit beneficium, etc. He that hath received a small benefice, hath prejudiced himself, therefore let him seek his living, by his own craft, because whatsoever hath once pleased him, ought not any more to displease him. 70. distinct. sanctorum. And let every one walk in that vocation whereunto he is called, and let him do according to the example of the Apostle saying, these hands have ministered unto me all things that were wanting. 21. q. 1. c. primo. glos. extra. de rescrip. c. si proponente. ver. minus. ff. 91. distinct. qui autem. And let him that is forbidden to get his living by filthy lucre, and unhonest merchandise, have a stipend of the oblations & offerings of the Church: but in case the Church be not sufficient, let him after the example of the Apostle, who lived by the work of his hands, get by his own industry or husbandry, those things that are necessary. Out of these laws against dispensations granted unto private persons in respect of private necessity, I conclude thus. 1 If private necessity or poverty, were a sufficient cause, to enjoy a dispensation for many benefices, than should private necessity have been warranted by law hereunto: 2 But private necessity or poverty, is not warranted by law, to be any sufficient cause for a dispensation: 3 Therefore the necessity or poverty of a private person is not a sufficient cause for a dispensation. THe first proposition is grounded upon the very nature and essence of a dispensation: for the same being as is said before, of the nature of a privilege, can not otherwise be granted, then upon a just cause ratified by law. The second proposition being a general proposition negative of the law, cannot better be manifested, then by a special repetition of the things permitted by law, according to this rule. Quod in quibusdam permittitur in caeteris prohibetur. That which is permitted in some certain things, the same in other things is forbidden. And therefore the law allowing either urgent necessity and evident utility of the Church, or some excellent qualities of the mind, or descent from some ancient parentage, to be only causes of dispensation, excludeth all other causes whatsoever. And as touching necessity and poverty of private persons, the law absolutely appointeth other means to relieve the same, then by way of dispensation: Neither can it be found in the whole body of law, that poverty alone, is any sufficient cause to procure a dispensation for many benefices. For the law accounteth him always to have a competency and sufficiency, 12 q. 1 c. Episcopus vers. q. 2 c. episcopus. which hath Victum & vestitum, meat, drink, and apparel, which is proved thus: luxta sanctum Apostolum sic dicentem, habentes victum & vestitum, hiis contenti simus: according to the saying of the Apostle, having food and apparel, let us content ourselves with that. And here we learn both what he that hath taken unto himself a charge, having but a small stipend annected thereunto, aught to do in case it be not sufficient: that is that he ought to labour and travail with his own hands, in some honest handy craft: and also what by law, is reputed and taken to be a competent & sufficient maintenance, even food and apparel. Moreover, if a man willingly and without compulsion enter into a charge, knowing before hand the stipend due unto him for his travel to be small he may not lawfully afterwards complain, but it is wholly to be imputed to his own negligence and folly, that he was no more circumspect, better to provide for himself at the first. If a man knowing a woman to have led a lose and dissolute life, take her to his Wife, he cannot for her former misdemeanour give her afterwards a Bill of Divorcement. Quod semel approbani, iterum reprobare non possum: That which once I have approved and allowed, I cannot afterwards disprove and disallow. Neither in truth, for aught that ever I perceived, by the want of any Plurality man, if he rightly examine his own conscience, can he pretend any necessity and want of living for himself, to be any just cause of his foul disorder herein. May Caietane Cardinal of Brygit, whose Annual revenues by his Cardinalship, amount to the Sum of two Hundred pounds: may the same Cardinal, whose Annual profits of his Prebend in another Church, amount to the Sum of two Hundred Marks: May the same Cardinal, whose annual Revenues of his Archdeaconarye in another Church, amount to the Sum of Forty Pounds: May the same Cardinal, whose Annual Revenues of his own and his Wives Patrimonye, amount to the Sum of fifty Pound, complain justly that he standeth in need of sufficient living, to maintain himself, his Wife, and two or three Children, and thereupon purchase to himself a Licence to retain a Benefice, from the which he receiveth yearly one hundred Marks? May a Cardinal, I say, thus furnished with so many ecclesiastical Dignities, affirm safely with a good Conscience, that he wanteth and standeth in need of a convenient living? Nay, may not the lords people, rather cry out against this intolerable Ambition, ravin and spoil? Yea, may not the common weal, yea doth it not feel to hirr ruin, the miserable poverty and p●…urie of his stipendary Curate, upon whom he thinketh to have bestowed a large and bountiful reward for his service in the ministry, towards the maintenance of him, his wife and family, when as his farmer shall pay him by the year ten or twelve pounds at the utmost; Is this tolerable by law? No, no, the pretence of poverty that this man & his fellow Cardinal, having Church upon Church, & a parsonage upon his provostship, do make to be a cloak for their wordliness, can never shroud itself so covertly, but their injustice by law may soon be descried and discovered. For this clause of law, Sed etiam habentes plures ecclesias, etc. But they that have many Churches, one not depending on the other, it is lawful for thee notwithstanding any appeal to the contrary, to constrain them at their choice, to leave one of them, unless they shall be so poor that they can not conveniently have their proper and peculiar Priests: I say this clause (nisi ita fuerint ●ennes) can not excuse master Cardinal or master provost, to retain his Abbey or Friary, and by dispensation a benefice or two besides. For that, as I say de before, this privilege hath no place, when as a man voluntarily hath taken upon him a small charge, and so contented himself with a small portion at the first: But only it hath then place, and then taketh effect, when as Ex post facto, by some after deed his Church is impoverished. Moreover those Churches are counted, Tenues in substantia, Churches small in revenue, which have not a flock of ten persons, families or households, able to contribute to the maintenannce of a Pastor, as appeareth by the Canon following. 2. q. 3. c. unio HOC NECESSARIUM, etc. This we have thought necessary to be ordained, that many Churches be not at all committed to one Elder: because he alone, can neither perform his office in them all, neither yet employ any necessary care for the administration of the goods thereof: For this consideration therefore we command that every Church, which hath had ten households, have also a pastor over the same: and if any have had fewer than ten, let then that Church be joined to some other Churches. By which constitution, our pluralistes, if they were not wilfully blind, might easily understand, that the law doth not permit one man, by reason of poverty to have many Churches, that are able of themselves to maintain many pastors: but that many poor Churches unable to maintain many pastors, should be consolidated and united to one, and being so joined together and made one, then to have one pastor over them all, that might have of them all a competent salary for his sustenance. For saith Rebuff. Papa in dispensatione, maximè respicere debet utilitatem ecclesiae, non personae: sed hody ventum est, ut personae utilit as consideretur, polius quàm ecclesiae, & potius dispensatur cum divite, qui totam vorabit ecclesiam, quam cum ali bona, qui 〈…〉 possit. The Pope in a dispensation, ought chief to respect the profit of the Church, not of the party: but it cometh to pass now a days, that the profit of the parson is rather considered, then of the Church, and a dispersation is rather given to a rich man, which will devour the whole Church, then to an other good man, which might maintain the Church. If therefore it might stand with the good pleasure of her highness godly Commissioners, in causes ecclesiastical, within their several charges, not only to examine the laws precedent, but also to put in execution the laws following, they should by this their industry, speedily, and plentifully provide many good competent livings, for many good men, to become good pastors in the same: I mean not Ecclesiastical men, placed Ecclesiastical Commissioners, for they for the most part are the greatest offenders in this behalf: but I mean those of her most honourable Council, of her Nobility, and of her worshipful subjects, having granted unto them from her highness, as great authority as any of the Ecclesiastical state have. An Ecclesiastical Commissioner is no more exempted from controlment of his colleagues and associates, then is a Senator, from the order of the Senate, or a counsellor from the directions of the body of the Counsel, or a bishop from the censorshippe of a Lawful Synod. If therefore the Nobler, sounder, and better part of the ecclesiastical Commissioners, did examine not only such plurified men, as are no commissioners, but such plurified men also as are joined in Commission, whether by virtue of any faculty, licence, or dispensation, they, or any of them, have enjoyed more Benefices with cure of souls then one alone, above the space of seven years, than should the said Commissioners find the same Benefices so possessed, to be merely void, as though the incumbent were dead. Because every Dispensation granted for more than seven years, by Law is a void Dispensation, as appeareth by that that followeth. Lib. 6. de elect. licet canon § is autem. IS ETIAM. etc. The party also which is taken to such a Regiment, to the end he may more diligently care for the flock committed unto his charge let him be personally resident in the Church, whereof he is person. And as touching his residence, the ordinary for a time may dispense if any reasonable cause so require. He saith well (saith the gloss) Glos. verb. ad tempus. that the ordinary may dispense for a time, because the Pope himself, cannot give perpetual indulgences for residence, and such as were given before by Popes. He hath revoked, as appeareth by the constitution following. Lib. 6. de rescr. c. vlt. QVIA PER AMBITIOSUM. etc. Because of the ambitious importunity of suitors, is welwe, as some of our predicessours, Bishops of Rome, have given unto many, perpetual indulgences for the receiving of the fruits of their benefices (daily distributions excepted) whether they were at study, or whether they were resident in either of their benefices, or had their abode in the Court at Rome, or in any other certain place, or wheresoever else, by means whereof insolences of gadding do spring forth, and a matter of dissoluteness is prepared, the service or worship of God, (which we desire should be increased) is diminished, and the office of Ministry, in respect whereof an Ecclesiastical benefice is due, for the most part is omitted: we willing to amend things passed, and as much as lieth in us to provide against things to come, do utterly revoke all such, and the like personal and not real indulgences: And that which we suffer not Lawful in ourselves, we forewarn the same unto our successors. Glos. verb. perpetuas ibidem. By which Canons it is plain, that every dispensation should have a certain time limited, beyond the which, it ought not to be extended, for by this perpetual indulgency, is understood an indulgency for term of life: An indulgency therefore for term of life, may not be granted, for than is it perpetual, and so contrary to the meaning of this last constitution. Wherefore the time of necessity must be limited, which time the Law following hath limited and appointed to be, seven years only. Lib. 6. de elect. cum exeo. PRESENTI CONSTITUTIONE sancimiis, ut episcopi, eorumque superiores cum hiis qui huiusmodi subiectas sibi ecclesias obtinent, vel obtinuerint in futurum, dispensare possint liberè quod usque ad septennium literarum. etc. By this present decree we ordain, that the Bishops and their superiors, may freely dispense with those that either now do obtain, or hereafter shall obtain under thee, such Churches, that they continuing at study for learning, be not compelled to be promoted unto orders, until the end of seven years. And though this Law seem specially to have respect unto such, as for study sake are Dispensed with, for not entering into the ministry, before the end of seven years: yet the reason of the Law abridging the time of continual absence, and appointing that the flock be not left without one able to govern and teach, the same is to be extended to all manner of dispensations whatsoever, where the like absence may breed the like danger. ff. De. vi. & vi. arm. l. 1 §. quod vulgo. ff. De. legib. l. non possunt. Vbi eadem ratio, idem ius statuendum Where one, and the self same reason is, there one & the self same law is to be ordained. De similibus simile debet esse judicium, In cases alike, a like judgement ought to be had. And it is expressly forbidden in the Chapter. (QVIA) before mentioned, that no perpetual Dispensation for receiving of Ecclesiastical fruits be granted, no not by the Pope himself. And there is express mention made of him that shall not be resident upon one of his Churches: that shall be Student in any School of learning: that shall be absent from his benefice, either at the Court of Rome, or at any other place whatsoever, that even such a one shall not have any perpetuity by Dispensation, thereby to receive the fruits and profits of that Church, from the which for any of those foresaid respects, he may be absent. Therefore against perpetuities of Pluralities, out of the Chapter (Is etiam) & out of the Chapter (Quia) before rehearsed, I conclude thus. 1 Every Dispensation granted for the enjoying of the Fruits of any parish Church, without limitation of a certain time, is a void Dispensation. 2 But every Dispensation granted for the perpetual receiving of the fruits of any Parish Church, is a Dispensation without limitation of a certain time. 3 Therefore every such perpetual Dispensation, is a void Dispensation. THe first Proposition of this Syllogism, is the Position of the law itself. The minor is most plain. For whatsoever is perpetual, the same can not be limited, and whatsoever is limited, the same can not be perpetual. And this perpetuity in this case, an I said before, hath evermore relation to the term of life, because he is said to have a perpetuity a benefice, that hath a benefice for term of life. And to take away all sinister and double dealing in this action, you shall understand, that a dispensation granted once for seven years, at the end of the said seven years, may not be renewed and reiterated, for so at the end of every seven years, a new dispensation being had, in effect à perpetual dispensation might be tolerated, and so a man by fraud and coven, might enjoy that, from the which by equity and law he is altogether secluded. Which fraudulent and disorderly dealing, by certain general, principles and rules in law, is absolutely prohibited. The maxims are these. De divor c. quanto. §. fi. & de elec. commissa. l. 5 Extr. de regni. iur. c. cum quod. ff de ver. ad civili. perti. l. li. §. 1. No statutum ipsum fiat ludibrio, debitoque frustretur effectu, & non rebus sed verbis, (cum sit potius contrarium faciendum) let imposita videatur nullatenus ea vice poterit iterato conferri. Quod direste prohibetur, indirectè, non conceditur: cum quod una via prohibetur alicui, ad id alia via non debet admitti●… & quid quis in persona sua facere prohibetur, id per subiectam personam exercere non debet. That the statute itself may not be deluded and frustrated of her due effect, and that the law may seem to be made, not for things but forwords (when the contrary is rather to be done) it may not by any means be again the second time conferred. And that which is directly prohibited, is not by another way indirectly to be suffered: Whensoever a thing is forbidden any man one way, the same man ought not to be admitted to the same thing an other way: And that which a man is forbidden to do in his own person, he ought not to exercise by a substituted person. So that once again I say, if it might please God, to stir up the hearts of her highness Commissioners, to have a mature and ideliberate consideration of the statute before mentioned they shall find matter sufficient, to pronounce a great number of licenses, faculties & dispensations by law, to be merely void, and of none effect. And so many benefices to be void, & in the hands of her highness, unto whom by lapse, right hath accrued to present. For by that statute the Archb, hath no power or authority to grant any other licence, faculty, toleration, or dispensation, them such as before the making of the statute, was used and accustomed to be had & obtained at the sea of Rome, or by authority thereof. But no licence, faculty, toleration, or dispensation, before that time was had or obtained at the sea of Rome, or by authority thereof, for the Fruits of any parish Church, by way of any kind or manner of any perpetual dispensation, or for any longer time, then for 7 years only, as appeareth by the former Canons and constitutions, therefore none other aught heretofore to have been granted, neither though they have been granted, are they effectual or available being granted, Anon judice, & contra formam juris scripti, by one that is no judge, and against the form of law written. ff. quod vi. aut clam l. prohibeti. § plane. judex non potest ultra facere, quam ei concessum est a lege vel consuetudine. A judge may not do beyond that, that is granted him by law or custom. Extra. de reb. eccle. non alienam. c. It is forbidden that church goods should be alienated without a cause, or without authority of the superior. If therefore any alienation be made of Church goods without a cause, and 〈◊〉 by authority of the superior, the alienation is void. 〈…〉 infectis haberi. Things done contrary 〈◊〉 ought to be accounted, as things undone. And again: Cod. de leg. l. non dubium. Cod. de precib imper. offerend l. 1. Sufficit legislatorem aliquid prohibuisse, licet non ad●…cerit, si contra factum fuerit, non valere .. It is s●…fficient that the law maker forbid, though he shall not add, that the thing don contrary to his prohibition shall be void. And again. Imperiali constitutum est sanctione, 〈…〉 ea quae contra leges fiunt, non solum inutilia, sed etiam pro infectis haberdit sint. It is plainly decreed by an imperial constitution, that the things done against the laws, are not only unprofitable, but also are to be accounted for things undone. And thus much concerning the causes & circumstances of dispensations for many benefices. It followeth them in the description of a dispensation, as you have seen that the same aught to be granted, cum causae cognition, with knowledge of the cause: the reason is this. Glos. Extravagan. de prebend. & dig. c. execrabilis. ver. ultima. Duo sunt in dispensatione necessaria, authoritas dispensantis, & factum per quod dispensatur. Name in quolibet actu considerari debent duo, factum & modus. Two things are necessary in a dispensation, authority of the dispenser, and the fact whereby he shall dispense. For in every Act two things are to be considered, the fact, and the manner of the fact. And therefore a magistrate, having authority to dispense, ought not upon the bare assertion, and simple allegation of any person disirous to be privileged, and to have the Magistrate, to mitigate the rigour and extremity of common right, grant any such mitigation, unless the party first allege, and by some lawful proof, make manifest unto him, that both touching the ability of his person, and the necessity of his cause there ought in equity an exemption and immunity be granted unto him. For, Privilegia saith the Law, ff. de minori. l. de etate d. ex de priuil. c. sane. 7. q. 1. potuisti. baste. l. 1. de col. l. ver. are preiudicialias, & magnum pariunt preiudicium & ideo sunt cum plena causae cognition tracta●…de, & privilegium non est dandum, nisi certa ratione inspecta, & non subito sed cum magna deliberatione. Privileges are prejudicial, & breed great prejudice, and are for this cause to be handled with a plenary decision of the cause: And a privilege is not to be given unless the certain reason thereof be foreseen and not suddenly, but with great deliberation & advise. In which deliberation & advisement taken by the judge: first the allegation or petition of the party agent or suppliant: secondly, the prone & manifestation of the same his perion; is to be considered. For no dispensation ought to be granted at the proper motion and pleasure of the judge alone: but every Dispensation ought to be granted at the instance and petition of the party alone. § Hoc autem judicium. ff. De dam. infect. ff. De regni sur l. invito. & extra de Symo. Licet heli. Cod. de fidei come. li●…ent. l. si. Quiae laxari i●… non debet; nec solui, nisi part postulante: & invite non debet beneficium conferri: Et sententia debet esse conformis petitioni: Et index semper debet indicare secundum allegata & probata. Because the Law ought not to be released, or remitted, but at the petition of the party: and a sentence ought to be conformable to the demand: and a judge ought evermore to give sentence, according to things alleged, and things proved. And therefore sithence no other cause by Law, may be alleged in the Court of faculties, for the granting of any dispensation, for many benefices, than the very apparent utility, and urgent necessity of the Church: I conclude, that the judge his duty & office is, in any wise not to admit any other manner of allegation, but to pronounce the same altogether frivolous and to be of no value in Law. The Doctorship, the Chapplainship, the worship of any ecclesiastical person, are not sufficient causes in this behalf alone, unless also together with the same, meet and concur the profit and necessity of the Church. And if the said allegation, as vain and frivolous, be to be rejected, than no Dispensation thereupon aught to be granted: for otherwise the judge should of necessity either allow other causes, than the Law doth allow, or else pronounce judgement otherwise, then according to the demand, both which were too too great absurdities. And therefore out of the former rules and principles of Law, I argue thus. 1 Whatsoever is hurtful and prejudicial, the same aught advisedly and upon consultation to be granted. 2 But Dispensations are hurtful and prejudicial: 3 Therefore dispensations ought advisedly, and upon consultation to be granted: Extra. de privilig. c. sane. And if every dispensation ought to be granted by sentence upon some consultation had, that then every sentence upon some consultation had, aught to be given according to things alleged, and things demanded▪ Extra. de simo. c. licet heli. IN which allegation and demand, to the end the sentence may be conformable to the demand, and so effectual in law, must be foreseen two things. First, that there be expressed no false or erroneous cause. Secondly, that the same hide or conceal no truth. Glos. in extrauag. execrabilis de prebend. ver. ex dispensatione. For Ea dicitur legitima dispensatio, in qua nihil tacetur, vel nihil exprimitur, quo expresso vel lacito, princeps verisimiliter duci potest ad dispensationem denegandam. That dispensation is reputed lawful, wherein nothing is concealed, or nothing is expressed, that being concealed or expressed, the prince may be likelihood, be induced to deny the said dispensation. If then every sentence must be conformable to the allegation, and every judgement agreeable to the demand, and that neither out of the sentence for a dispensation any known truth, or manifest equity ought to be concealed, neither in the same, any or erroneous cause ought to be expressed, it followeth of necessity, that every allegation, made for a dispensation ought to be of the same nature, and of the same condition: (and that every allegation, not of the same nature and condition is an unlawful allegation, and an unequal petition. Moreover every one that hath authority to dispense, aught to keep this rule, Glos. in extrauag. coni. col. 3. ver. statuat, vel disponsit contra ius, aut contrascriptum, si aequitas quae movet ipsum, movisset legislatorem, si casus nunc emergens esset sibi expositus. That they ordain or dispense against law, or against writ, if such equity as moveth him, might have moved the Lawmaker himself, to have granted a dispensation, had the case now growing, been proposed at the time of the law making, to the law maker: It followeth then again, that equity being the cause of the sentence for a dispensation, the same equity, must also be the cause of the allegation for a Dispensation. For if the judge must give a dispensation, where equity requireth, the party must then demand a Dispensation where equity requireth. For equity is always the foundation and groundwork of a dispensation. And what equity even such equity, as might justly have moved the lawmaker, to have granted a dispensation. Now then, because the Lawmaker, authorizing the Archbysh. of Cant. to give Dispensations, hath been the high Court of Parliament: It followeth that the Archbysh. may dispense only in such cases, as wherein the high Court of Parliament would have dispensed, had those cases been alleged before the high Court of parliament, which are alleged before the Archbysh. ff. De. office perfect. preter. l. 1. in si. judex non aliter judicare debet, pro sapientia & luce dignitatis suae, quam princeps esset iudicaturus. A judge, for the wisdom, and excellency of his worthy calling, ought no otherwise to judge, than the Prince himself would have judged. Suppose then, that such a Cardinal as of whom, mention hath been made, or such an Abbot, whose Abbacy, is a Nemo scit: whose two Ecclesiastical promotions beside, are at the least worth siue hundred marks by the year: suppose (I say) that such a Cardinal, should come into the Parliament house, and after low obeisance made, prefer this or the like Bill to the speaker, beseeching the whole house, upon the reading thereof, and the equity of his cause, to grant his suit. I. A. B. clerk, say, allege, and show, before your excellent wisdoms, that the Church of S. S. by the natural death of D. H. Late incumbent, is become vacant: and that I the said, A. B. am qualified, according to the Statutes of the Realm: Non potest dispensatio super pluralitate beneficiorum concessu impetranti prodesse, qui aliquod quantumcuque mo dicum beneficium conticuit in eadem. and the Patron of the same benefice, hath presented me thereunto: and that I am possessed already of such and such a spiritual promotion: and that I am bound by the Statutes of my house, to be resyant in the same, three months in the year: and that I am bound by the Statutes of the Church of one of my promotions; to be present in the same Church two months in the year: and that I am bound by the Statutes of the Church of my other promotion, to be present there three months in the year: & that I am bound by my allegiance to her highness, to be present else where some whole quarter of the year. And that the souls of the people of the foresaid parish, are in danger of the Wolf, not having a Pastor to feed them: and that the evident utility & urgent necessity of the same Church, requireth a governor; may it therefore now please your wisdoms, to award me a Dispensation, to enjoy the fruits of the same Church, to tolerate mine absence, and to be non-resident, etc. Suppose, (I say) that this, or the like supplication were made by a plurified Priest in the Parliament house would the house trow you, be moved presently to yield to so unjust a petition? I trow nay. For though the party should express in his petition all things to be expressed, & conceal nothing to be concealed, as by the first rule before repered is required: yet the house would no doubt, be mindful of the second rule, & dispute the equity of his cause, & so award judgement accordingly: they would not upon so bare & naked assertion, decline from justice & equity: And no doubt the speaker himself, would blush to peruse such a bill, much less would he present such a bill to the house to be discussed, though for his fee (being a private bill) he might be very liberally rewarded. An Archb. then ought to be rightwell advised, & take heed how, for a trifle he either admit any such bill or allegation, or having once admitted it, how he pass the same under his public and authentic seal. In as much, as he ought not to admit any other allegation, or pass any other dispensation, than such as the high Court of Parliament in their wisdoms would admit and pass. And therefore I conclude thus: 1 Whatsoever allegation, or dispensation the lawmaker, viz. the high court of Parliament, would not admit or pass unto a plurified man, the same allegation or dispensation the Archbishop ought not to admit or pass: 2 But the lawmaker, viz. the high Court of Parliament, would not admit or pass any allegation or dispensation, to such plurified priests, making such a petition, as hath been mentioned: 3 Therefore the Archbishop ought not to admit or pass any such. THe mayor proposition is a rule of law: the minor proposition is evident unto every one, that dutifully considereth, with what wisdom, justice, and equity the high court of Parliament determineth matters amongst them discussed. They are not contented to have a bill barely read unto them, but they thoroughly examine the reasons and proofs of him that preferreth the same. For as I said before, truth, equity, and divers circumstances, must not only be alleged, but the law requireth, the same to be proved also. He that hath right, and interest to an inheritance, oftentimes loseth it, for want of proof. Bart. & alij doctores. in l. 1. Cod. de prob. He that allegeth himself to be borne of some noble parentage, and he that allegeth himself to remain at study, must prove the same. If a pupil damnified by any contract, made by him under age, shall require aid of the Praetor to be restored to his former right, he must prove that he was under age at the time of the contract, and also that he hath sustained detriment by the same contract. Authent. Colla § teneantur. Glos. & doc. in prohe. l. 6. Glos. extra. de restitu. spoliat. c. olim. vers. restitutione. Extra. office de leg. c. consultationem. Otherwise the praetor ought not to give restitution, where one by force is spoiled of his passion, and requireth to be restored thereunto, he must not only allege but also prove force and possession. The Church that by negligence of any Proctor or Sollycitor shall allege herself, by his negligence to be hurt, & to suffer loss in her substance, and for that cause seeketh help at the hands of her superior, to be restored to her former estate, must prove as well the negligence committed, as the damage sustained in that behalf. The like is verified of one that is dispossessed of his goods, in the time of his absence beyond the Seas. And so it is required in granting any privilege immunity or dispensation for many benefices. The party desirous to have a mitigation of the rigour of common Law, aught to prove, that as well in consideration of his person, as for the reasonableness of his cause, the judge in equity and conscience, aught to grant an immunity. And this proof that it be substantial and good in Law, must be made either by the confession of the party, either by witnesses, either by some Authentic and public instrument, either by the evidence & notoriousness of the fact itself. Extra. de restitu. spol c. cum ad sedem. Touching which proofs, how substantially they have been made; I refer the Reader to the Records of the Prerogative Court, where, no doubt for the judges own credit, they are safely kept: and as public Records, to be seen of any man, desirous to know Antiquities. For my part, though I confess that the dignity and worthiness of a person to be privileged, may easily be proved, yet can I not imagine, by which of these proofs, the causes required by Law, as urgent necessity, and evident utility of the Church, destitute of a Pastor, should in these our days be manifested: the Church itself Viz. The congregation, (I suppose) will never confess it behoveful for them to have their pastor absent, and to give their temporal things, to enjoy spiritual things, and yet to be deprived of both spiritual and temporal. As concerning proof by Witnesses, or by public instrument, because Witnesses must yield a reason of their sayings, and a public Instrument ought to be made, by a faithful man, at the request of the party: and because no witness can yield any reason, why his neighbour should not be taught, and every Faithful man will do all things for the truth, and nothing against the truth: and because the truth is, that his Neighbour should be taught, and no man will desire to be untaught: therefore as concerning these proofs, I cannot imagine (I say) how they should be made. It resteth then, that the evidence of the fact, must be the proof, whereon plurified men rely, that the urgent necessity, and evident utility of the Church, for the having of many benefices, is a thing so notorious and evident to all the world, that none may deny the same. Wherein how gross and palpable their error is, I leave to the consideration of indifferent men, thorough out the whole world. Now, if you add this last part of the definition of a Dispensation, & suppose that it must be granted, Cum causae cognition, with knowledge of the cause, that is by alleging and proving things just and equal in the sight & judgement of the Parliament house, you shall find either all, or the most part of dispensations granted in the Court of faculties for many benefices, not to be the things defined, & so to be nothing in effect at all, and therefore though they as yet seem to stand good by Law, yet to be such as ought to be revoked and made void by Law. Distinct. 10. c. vides. Quicquid contra leges accipitur, per leges dissolui meretur. Whatsoever is admitted against Law deserveth to be loosed by Law. Extra. de priveg. c. porro. etc. p●. Et sic eos volumus privilegiorum suorum servare tenorem, quod eorum metas transgredi minime videantur. And we will them so to keep the tenor of their privileges, that they seem not in any cause to pass their bounds. Extra. de privelig. Nam qui permissa sibi abutitur potestate, privilegium meretur amittere: Et qui malitiosè privilegium, principis interpretatur, infamis, efficitur. Cod. de leg. & constitu. l. 2. For he that abuseth power granted unto him, deserveth to lose his privilege: and he that maliciously interpreteth the privilege of a Prince, is made infamous. Besides these there are diverse and sundry other causes, for the which also, a privilege as unlawful, is revocable. 3. q. b. c haec quip. 1. 1. q. 3. privelegium. Extra. de Decret. Suggestum. 25. q. 1. c. de ecclesiasticis ff de vulg & pupil. Substitu. l. ex pacto. & gloss. c. imperator. ver. quod non. 25. q. 2. XCIX. distinct ecclesiae. ff. de constitu: princ. l. penult De glos. in c. quid per. novale. Extra de. ver. 6. signify c. magis. lib. 6. De rescrip statutum. Privatur quis privilegio propter scandalum: & qui non exercet ad subditorum utilitatem, sed ad suam voluntatem. etc. A man loseth his privilege, if an offence grow by means of his privilege: and he that doth not exercise his privilege to the profit of such as are under him, but at his own pleasure, such a man loseth his privilege: And a rescript ought to be such, that it hurt none: and at what time soever a privilege turneth to iniquity it forthwith prevaileth not: neither ought the Pope for the increase of his own honour, diminish the right of the church, or of any other. And the reason is this. Propter evidentem utilitatem & enorm, damnum receditur ab eo quod diù usum & obtentum est. For some common profit, & some inordinate hurt, we forego that, that a long time hath been used & observed. Now, whether the lawful bounds of dispensations be passed; whether they be abused or maliciously used? whether any offence grow by them: whether they be used rather to the profit of the people, then to the pleasure of the parson: whether any injustice be committed, & the right or title of any other be impeached: or any great damage ensue by them, I refer it to the judgement of men of experience in our time Sure I am that the lords servants speak against them, preach against them, and writ against them: Sure I am, that the vices growing by them are as rife, as ever they have been in any age heretofore: Sure I am, that the prosperous state of the ministry is impoverished by them: Sure I am, that the people are untaught by them: And sure I am, that the Lord is dishonoured by them, and his Gospel hindered by them. And therefore I conclude thus against them. cessant causa, cessàre debet effectus, the cause ceasing, the effect ought to cease. The assumption is manifest, For equity grounded upon utility and necessity of the Church, was the cause of Dispensations: but the equity ceaseth, therefore the other should cease. What is more contrary to natural reason (saith a lawyer of singular judgement) than that one and the self same man, should take unto himself divers stipends of the Church in divers and far distant places: What common wealth of man (saith he) suffereth her judges, her rulers, her notaries, and other officers to gad abroad, and in their absence to enjoy their stipends? What man though his House be ample and very rich, doth pay to his servant absenting himself, the wages due to many servants: or admitteth to serve in his room, whom soever the same his servant shall appoint him in his room: only the house of God, the holy Church, is by such inordinary dealing deprived of her ministry, and defrauded of her lawful duties. What? shall the Church of God, the best beloved Spouse of jesus Christ, which he hath redeemed by whippings, by buffets, & by the shedding of his blood, feed Hawks? bring up Dogs? pamper Horses? nourish Whores, Flatterers and seditious men, which trouble the common wealth; Rebuff. de dispensatione ad plura benefic. fo. 149. 64. and in the end concludeth thus, Effectus dispensationis est, ut si perperam concessae sit, tam animam concedentis, quam dispensantis, ad infernum deducat. The effect of a Dispensation is, that if it be granted unorderly, it carrieth the soul, as well of him that giveth it, as of him that receiveth it to Hell: Whereas it may be supposed, that fees paid into the Hanaper, by passing of Dispensations under the great seal, are a great increase of her highness treasure, and an augmentation of her revenues. I answer that Dispensations for Simony, Nonresidency, and many benefices, are so far from being any increase of her majesties treasures, as that they are indeed a great diminishing of the same. For first, as touching Dispensations for Simony, whereas by every dispensation granted unto a simoniacal person, her highness receiveth into her hanaper at the most _____ Shillings: the greatest ordinary fee limited by the said statute, for any Dispensation to be granted her Majesty for the same, _____ looseth 10. 20. 30. 40. or 50. Pounds, to be paid into the court of tenths and first Fruits. For, were the party committing Simony, for the same offence by law deprived from his benefice, her highness were then to have of the next incumbent, the whole first Fruits of the said benefice, even ten times so much at the least, as is paid into her hanapire: Or were the simoniacal person a plurality man, and so deprived from all his benefices and ecclesiastical promotions, her highness were then to have, the whole first Fruits of all his Benefices and promotions, forty times so much as she enjoyeth by granting his dispensation. And as touching the fees due for Dispensations, granted for many Benefices, though the same fees may happily amount in some one year, too many hundreds: yet by means of the said Dispensations, her highness is impoverished yearly by many thousands. The oftener every benefice or promotion is void, by death, resignation or deprivation, the oftener is another admitted unto the same, and the oftener doth her highness receive the first Fruits of any such benefice. Now, it is evident that the conjoining of two, three, four or five thousand benefices or promotions unto one thousand men by dispensations, is a manifest impediment to the avoiding of so many incumbents from so many benefices, as which by death, resignation or deprivation of the said incumbents, might & were likely to be made void. And so the said dispensations, being an hindrance to the avoiding of benefices, they must necessarily be also a very direct means, to keep from her exchequer that treasure, that otherwise should ordinarily be brought unto it. And though by the death, resignation, or deprivation of every plurality man, every of his benefices be made void: Yet his said benefices are not so often made void, as otherwise they should be. And therefore though her highness have the first fruits of two, three, four or five benefices in the hands of one plurality man, dying, resigning, or being deprived: Yet hath she not the first fruits of the said benefice so often as otherwise she might have, whereby her revenues are lessened. Since therefore, for one man to enjoy many benefices by dispensation, maintaineth covetousness, and is contrary to the ancient canons: maintaineth ambition, and ministereth matter for a roaging a gadding, and a dissolute ministry: since it conveyeth stipends due unto many, from many unto one: Since it is an hindrance of residence, and containeth peril of souls: Since it is a kind of theft, ravin & spoil: Since it is undecent and uncomely: Since it is contrary to the good customs of the Church: Since the honesty of the church thereby is defiled, the authority thereof contemned: the truth of Christ trodden under foot, & love banished: Since among the rich Prelates and plurified men themselves, strifes, contentions, brawls and envies arise, and are nourished: Since the fire of God his wrath is kindled against us by them: since it is against the law of nature, and repugnant to the law of God, and therefore nourisheth a Monster in nature: since it is against the weal, peace, profit and conservation of the Realm: since it is against the utility of the Church, & that the necessity of the Church requireth the clean contrary. Since it is prejudicial and derogatory to the last wills and Testaments of our ancestors: since it is dishonourable and dangerous for her majesties person and safety: since private necessity & poverty, is no sufficient cause for the maintenance thereof: Since the miserable penury of our stipendiary curates, thereby is made intolerable. And again, since all these things are offensive, & that a privilege so soon as it becometh offensive, & not exercised to the profit of many, but to the will of one: is forthwith to be with drawn: Since every privilege ought to be such, that it damnify none: and since it forthwith looseth the name of a privilege, if once it turn to any injustice: since that nothing is more contrary to natural reason, than that one and the self same man, should take unto himself divers stipends of the Church, in divers and far distant places: since it is against the policy of every good common wealth of man: since it is contrary to the government of every good and provident householder: since it carrieth headlong the souls, as well of him that giveth it, as of him that taketh it, to hell: yea and since it is an impoverishing of her majesties treasure, and diminishing of her revenues: Let us conclude, for one man to enjoy two or more benefices by dispensation, to be a thing altogether intolerable, and utterly unlawful. ¶ Excommunication, by one alone forbidden. 15. q. 7. c. Episcopus. EPISCOPUS NULLUS, etc. Let no Bishop hear any cause without the presence of his Clergy: Otherwise the Bishops sentence not confirmed by the presence of his clerk shall be frustrate. Extra. de excessis prelate. c. 1. MANDAMUS, etc. We command that in any wise you presume not to exercise against the Clergy, any unlawful tallages and exactions: Neither that henceforth you unreasonably grieve them, or unhonestly entreat them, or else suspend them, without the judgement of the chapter. And again. Extra. de hiis quae. fi. sine. consen. cap. c novit. NOVIT, etc. Your discretion and wisdom knoweth, how that you and your brethren are one body, so that you are the head, and they approved to be the members: wherefore it becometh not you, to leave your own members, and to use the advise of others, in the dispatch of your own Church affairs, because without all doubt, the same is both 'gainst your honesty, and the institution of the holy fathers. For it hath been manifested unto us, that you, without the council of your brethren, do place and displace Abbates and Abbases, and other ecclesiastical persons. Therefore we command, etc. For we ordain that such placings and displacings be of no force. And again. Extra. de hiis quae fiunt. si. consen. cap. c. quanto. QVANTO, etc. We command your brotherhood, that in grants and confirmations and other business of your church, you require your brethren's presence. And that with the Council of them, or the sounder part of them, you handle and finish those matters: and that you ordain such things as are to be ordained, and correct errors and abolish and root out these things that are to be abolished. And besides these Canons there are many other constitutions, confirming, that a bishop, ought not by law written and common right, to exercise any jurisdiction, without the special advise, council, and presence of the Chapter. Glos extra. de office iud. ordi. c. irrefragabili. ver. per capitulum. The reasons whereupon these and such like decrees were grounded are these. first, that the injuries, extortions, violences, the cruel & uncivil entreaty used by the Prelates against the inferior Clergy, should cease and be extinguished: Other reasons, etc., vid. c. 1. Secondly, as the head in every natural body, hath the use and consent of all the other members to every natural action: even so saith the law, the bishop being the head, that is to say the chief and principal member in the spiritual body, aught to have the use of his fellow members to every spiritual action: The bishop without his fellow members may not excommunicate. And mark the reason of the law, for in that it saith the bishop is but a member, it concludeth that he is not the body. For he & his other brethren all members, make but one body. Corinth. 1. Now every member though it be the principal member, whether it be the head, or the heart, or the brain, standeth in need of the help of every inferior member, whether it be the hand, the foot, the finger, yea or the very excrements of the body as the nails or the hair. And therefore out of these Canons, I argue thus. 1 No chief member of any body, can do any thing in the body, without the consent, and assistance of his fellow members. 2 But every bishop is a chief member of a body: 3 Therefore no bishop can do any thing in that body, without the consent and assistance of his fellow members. THe reason of the first proposition is this. Whatsoever is good or evil for one member, the same is good or evil for every other member: And being good for one, it must needs be allowed of all, and being bad for one, it must needs be disallowed of all. Which natural reason taking place in the natural body, the law translateth unto the political or spiritual body, and willeth that the same be allowed of all, that toucheth all: Quod omnes tangit ab omnibus approbetur. And if any thing once touch and concern all, it can not by an other rule in law, be translated to one-Quod semel meum est, sine mea voluntate, à me auferri non potest. That which is once mine, can not without my will be taken from me again: Et unaquaeque res per quascanque res nascitur, per easdem dissoluitur: Every thing by what causes soever it is begun, by the same it is dissolved. Moreover, touching excommunication, there is one other special reason, why the bishop may not excommunicate alone, without the consent of the Chapter: namely, because this kind of punishment, is the greatest punishment in the Church: Glos in c. 1. extra. de excessib. prelate ver. capituli. For it is said by law to be Eternae mortis damnatio, & Satanae traditio, A condemnation unto eternal death, and a delivery unto Satan, than the which there can be no more grievous punishment. Excommunication the greatest punishment. And therefore I conclude thus. 1 The greatest punishment ought not to be inflicted but by great advise. Glos. p. edic. extra. de. 2 But excommunication is the greatest punishment: 3 Therefore excommunication ought not to be inflicted but by great advise. COncerning such as being once placed in any ecclesiastical function, and who for their misdemeanour are to be displaced again; the law to prove the necessity of the Chapters consent herein, useth this comparison. 15. q. 7. c. vlt. SI ENIM HII, etc. For if they which in this world, have received from their Lords the honour of liberty, are not delivered again into the yoke of bondage, unless they be publicly accused, before the tribunal seat of the Praetors or presidents: how much more ought they which are dedicated to the service of the holy Altar, be consecrated with ecclesiastical honour, who verily may neither be condemned, neither be deprived, from the privilege of their honour, by the judgement of one man. But being presented unto a synodal judgement, aught in the same, to have decreed against them, whatsoever the Canon hath commanded. Now because these laws and ordinances are sufficient, to prove what common right & law written is in this case, & that every bishop exercising jurisdiction, without the advise and presence of the Chapter of his Church, aught to have some other ground for the maintenance of his proceedings than law written: it followeth to be discussed, what the same ground is or may be. The pope reserving a power unto himself (as he saith) above his law, hath power to break every of his laws, and so hath no law but his will, and so making himself a God on earth, hath made provisions, that both this law, touching the not exercising of Ecclesiastical discipline by one man alone, and the laws of non residency, and the not having of many benefices may be in truth no laws at all, and so in effect hath allowed a monster, and a contrariety in nature, that one member should be all the members: and that the head should be the whole body. And what have they done else, that have maintained by public writings, the like proceedings now a days to be lawful? For though they have been no Popes themselves: Yet herein they can not deny, to have been the Pope's Champions, having no other warrant for such their doings then the Pope's will, whose lawless will they maintain, to the utmost for a lawful law, that maintain excommunication by one man alone to be any whit lawful. Well then, as these laws have been made to rule and govern the Church by, so these laws have been a long time unmade, to unrule and ungoverne by, and that not without colour of law to: As first by way of privilege: secondly, by means of custom and long usage. To speak in this place of privileges granted to this effect were superfluous, and very impertinent. Custom the ground of excommunication and not the law. For though our bishops may have remaining in their old records, privileges from the Pope, to give them immunities in this behalf, yet for two respects, I suppose they will conceal, rather than reveal them. First, for that they seem to maintain their doings herein, rather by the scriptures then otherwise, wherein how manifestly they err, both the scriptures, and the custom of the Church repeated by these Canons, are evident witnesses. Secondly, for that their privileges being granted by an usurper to her majesties crown and dignity, and not confirmed by the laws of her Empire, would yield them very little advantage. I mind therefore in this treatise specially to handle the matter of custom in declaration, whereof you may by the laws recited, perceive the same to have been as lawful by privilege as by custom. Institu. de iure natu. gent. & civi. §. sine scripto. The reasons of which custom are these viz. Diuturni mores consensu utentium comprobati, legem imitantur. Daily or continual manners approved by consent of such as practise them, do imitate a law. ff. de. leg. l. de quibus. § cum IPSAE LEGES, etc. In as much as the laws themselves by no other means do bind us, then for that they be received by the judgement of the people, even as rightly shall those things also bind all, which the people without any writing hath allowed. For what difference is there, whether the people declare their will by voices, or by deeds, and the things themselves. Wherefore this thing also hath been very rightly received, that the laws should not only ●e abrogated by the voice of a law maker, but also thorough the secret consent of all by growing out of use. Instit. de iure not. gent. & ci. § sine. The Lacedæmonians, whatsoever they by experience found behoveful for their government, put the same to memory, and kept the same as a law. ff. in c. quanto etc. novit extra de hiis quae fi. sin. consensu ca c. 1. de consuetud lib. 6. Panor. in c. fi. extr de consuet. QVAMVIS (saith PANORMITAN) ius induxit, etc. Though the law have ordained, that a Bishop should determine matters with the Chapter, because the Bishop and the Canons make one body, and therefore that judgement is to be reckoned more strong, that is ratified by the consent of many: Yet notwithstanding a contrary custom may be established, namely that by means thereof business might be speedily dispatched. Upon which reason, this law following touching this controversy was made. Extra. de hiis quae fin. si. c. consen. cap. c. ca noscitur NISI EX ANTIQVA, etc. Unless by some ancient and approved custom, or liberty granted, some of them prove, that the consent of the College committed to their government, ought not to be required in conferring Churches or benefices. And again. Lib 6. de consuet. c. non est. Dum talis sit prescripta Canonice consuetudo, etc. So that such a custom be canonically prescribed, which the Bishop doth allege, that in the inquisition and correction of his subjects excesses, he is not bound to require the council of his Chapter. These reasons, and these laws, being the reasons and the laws alleged for custom in this case to govern and rule, are particularly to be examined and applied to this action. No cause for this custom to be continued. Touching the reason of the Canon law (namely) that by means of this custom, the affairs of the church should easilier be dispatched. If we in these days had the like multitude of Church matters to be dispatched as the papists had, & that the Clergy now, were laden with the like burdens, as at the time of these ordinances they were, there might be then some show of reason, that the same custom for the same cause, should still remain. Many Monasteries, Priores, Friaries, Nunneries, and other irreligious houses under the jurisdiction of popish bishops, had many businesses & many blind matters to be decided. It was cumbersome for every bawdy matter of a friar, and a Nun, to call a Chapter: it was troublesome for placing or displacing every Abbot, friar, Nun, Dean, prebend, parson, vicar, or any other of the Clergy to call a Chapter. In our churches (God be praised) we have no such tumultuous Clergy, continually to trouble the chapter: we have no such number of bad matters as they had. And therefore the cause in this respect ceasing, the effect also might right well cease. Moreover the common and usual dissension amongst them, were special means that elections, institutions, confirmations, collations, and such like, were hindered. Many frustratory appeals and other delays made and long suits commenced. But our Clergy are better instructed in the ways of the Lord: they teach the people peace, and exhort them to brotherly amity and love, and therefore it is to be conjectured, that causes amongst peaceable men, would speedily and peaceably be ended: and therefore in this respect also, the cause ceasing, the effect should cease. Lastly, the case standeth not now with us at this time, as it did then between the bishop and the Chapter. The law written then was, that the bishop and Chapter should excommunicate, etc. Quia firmius est judicium quòd plurimorum sententia confirmat. Because a judgement confirmed with the opinion of many is more strong. The reason of the custom for the Bi. without the Chapter was this, facilius expediantur negotia, That business might more easily be finished. In which cases you see the matter to stand wholly between the bishop and the Chapter: As whether the bishop with the Chapter, or without the Chapter for the foresaid several reasons, might have the rule and government in Church matters? To the which demand I answer thus. If the controversy were between the Bishop of London, and the Dean and Chapter of Paul's, whether a sentence of excommunication denounced by the bishop alone against any person's contumacy, within the Diocese of London, without the advise of the Dean and Chapter, were good & forcible in law, and that the bishop were able by proof in law, to confirm, that time out of mind and memory of man, he and his predecessors bishops of London, without contradiction of the Dean and Chapter used, whensoever opportunity served, to excommunicate alone, without the presence of the Dean and Chapter: I say that in this case by Canon law, a sentence given by the bishop alone, were good, and not reversible, by means of the Dean & Chapters absence. For that herein now they have willingly lost their own right, and deprived themselves of their interest. For the bishop always giving sentence in the Chapter house, where the Dean & Chapter might continually be present and have their advise, they voluntarily absenting themselves, hath gotten unto himself this jurisdiction, whereunto they have also yielded, by giving their secret consent, that the B. alone should execute those things wherein they had an interest, and which otherwise he might not have done. In like manner, if the Archdeacon should make the like assertion against the Bish. to prove and insynuate wills and Testaments, and were able to prove the same his assertion: I would consult, that he likewise by the Canon law had right herein against the B. For in these cases the Bishop, and the Archdeacon are in place of private men, the Dean and Chapter hath the room of a private man, because, were the matter in controversy to be decided between them, they were to commence their Actions before superior Magistrates. But the matter of Excommunication mentioned by the Law written, and of right Excommunication indeed, is not of this nature: it is not of the nature of a private action, between man and man, nor of suit commenced between party and party, but the case herein standeth between a mean person, or a mere perivate man, and the whole Church: yea between the Lord of Heaven and earth, and a Bishop his poor creature: It is not (I say) whether the same should be executed by man only, because Firmius est judicium, quod plurimorum sententia confirmatur, or by few ut facilius expedirentur negotia, But whether the same should be executed only by many, and not by one, because the ordinance of God is so. And therefore the case standeth in effect thus, whether a lawful prescription by an Archbysh. or Bishop, against a Dean and Chapter, or the custom of an Archdeacon, against Emperor bish. and Deane and Chapter by the Canon Law, be a sound, & substantial prescription and custom, against the whole Church, against the family of the Lord, and against his ordinance. For at the beginning it was not so. Whereunto I answer, that as Nullum tempus currit Regi, nullum tempus currit reipub. No time runneth against the King, no time runneth against the common wealth: so in this case, and all other of the like nature, Nullum tempus currit ecelesiae, nullum tempus currit domino. No time runneth the Church, and no time runneth against the Lord. And therefore, though the Bishop may perhaps affirm, himself to have obtained right by prescription, to excommunicate without any advise of the Dean and Chapter: yet shall he never be able to prove, that he hath therefore lawful authority to excommunicate alone, sithence the usage of the first Church, and the ordinance of the Lord are quite and clean against his said assertion. Yea, I say more, namely, that even by the Canon Law itself, neither Archb. nor B. can truly justify any Excommunication by one man alone at all: the said popish custom now ceasing, to be any more a custom. For, in deed the reason of this custom ceaseth to be any more a reason for such a custom in our time: & the reason of the former laws, made before this custom, urgeth the same laws to be practised again now a days. And therefore as cessant causa, cessare debet effectus, the cause ceasing, the effect ought to cease: & urgente ratione legis, urgenda est lex, The reason of the Law urging, the Law is to be urged: So the said popish custom ought in deed to cease, and the said Canon Laws ought to be observed. Neither is the Canon of Boniface the eight, made for the said custom, any impediment hereunto. First, for that the said custom, is merely against the word of God: with which no Pope could ever dispense. And therefore, as contrary to the Apology of the faith of the Church of England, by no intendment of any statute, or statute makers in England confirmed. Secondly, the Canon of Boniface made to confirm a custom; not participating the nature, properties, and inseparable accidents of every good and laudable custom, but only made by a lawless & absolute power, contrary to the principles and axioms of Law, is not confirmed by the statute of 25. unless we absurdly grant, either the said statute to confirm lawful Canons, and a law less custom: or severally to establish a lawless custom, and to infringe lawful Canons. For this decree of Boniface, approveth and ratifieth such a custom, as hath no manner of fellowship or society with any lawful custom. But to let these things pass, and no further to urge the defect of the reason of the custom, to abolish the custom, or the efficacy of the reasons of the Law, to establish again the law: Let us return to the laws and decrees before rehearsed, authorizing custom to bind as effectually as a law: and by them let us, see whether this custom, (that one should excommunicate alone) authorized by Boniface the 8. participate the nature and proprieties of every such custom, as whereof mention is made in the laws and decrees; and if not, then let us conclude the same to be no custom at all: Every usage is not a custom. & if no custom, than no manner of excommunication, either by law or custom to be used at all. For every use creptin & continued some long space, is not therefore by and by a custom, & so of the nature of a law, and of such power as forthwith it may shoulder out written law, & control common right. ff. de consti. princi. l. in rebus. Extra. de prebend. c. liceat & de cleric. non residen. c. consuetudinem. §. statuimus lib. 6. ff. de legi. l. Quod non. Glos. in c. aqua extra. de consecr. eccle. ver. consuetudine. In rebus novis constituendis, evidens utilitas esse debet, ut recedatur ab eo iure quod diu obtentum est. In ordaining new policies, there ought to be an evident commodity, for that law to be left, that a long time hath been observed. And again, Quod non ratione introductum est, sed errore primum, deinde consuetudine obtentum, in aliis similibus non obtinet: that, that at the first was not begun by reason, but by error, & afterwards obtained by custom, hath no place in other like cases: Consuetudo quae est contra juris naturam, non prodest, & contra illudius, non potest prescribi. A custom that is against the nature of law, profiteth not and against that law no prescription may be. For if the same shallbe erroneous, unreasonable, & not lawfully prescribed, then is it of sufficient force to expel the law written, & therefore as hurtful and prejudicial for the government of the church here after to be abrogated, & abolished. For custom is no more privileged then a law: but as a law may be made dead, & taken away by a custom: so like wise may a custom, be made dead again by reviving a former law. And though here might be used a peremptory challenge against this custom begun & continued in the popish Synagogue, contrary to the custom of the Church of Christ, that for that cause, & in that respect only, the same is far unmeet for us, & therefore by us to be utterly abandoned: Yet because we are as yet (I can not tell how) not altogether freed from the laws and customs of the popish synagogue, Let us use the reason of the same laws to overthrow the same custom. Neither yet should any man think, that therefore the former popish laws, are to be approved as meet laws, for the Church of Christ, to be governed by. For wear there no other ground of truth, that one should not Excommunicate alone, but the reason of the Popish law, the observation thereof would not be urged. But because we have the truth itself confirmed unto us, at the commandment of the Lord by the Apostles mouth, practised by the most ancient fathers, and by their authority and example drawn into the popish Synagogue, until the year of our Lord, 1295. (as the Canons before mentioned do witness) for this cause, and in this respect only, are these former laws to be put in execution, and the former custom is to be abrogated. The laws would be kept because in effect they contain the purity of the truth: the custom would be left, because the same degenerateth, from the simplicity and practice of the former times, and is but a mere corruption, and a lawless devise of a lawless Pope, Boniface the eight. And that every one may be well and thoroughly instructed, touching the reasons of the laws following, to overthrow the former custom, he is diligently to consider, that as the Papistical synagogue always fashioned & framed herself, in obedience to her King, his laws, and evermore liked that, that her King liked, and misliked that, that he misliked: so the congregation of Christ, hath always humbled herself unto the will and pleasure, of her Lord and King Christ, she hath consented to that only, that hath been pleasant in his sight, and hath dissented from whatsoever was displeasing unto him: every one ought to consider, that the Pope's clergy, are not the lords people: their errors cannot agree with our truth: their ignorance with our knowledge: their fury with our peace: their devil with our God: their belial with our Christ. And therefore though the foresaid custom be begun, and still continued in the popish synagogue, as ratified by the secret consent of the pope's subjects: Yet the same custom, ought not either to be begun, or to be continued in the Church of Christ, as indeed, a custom never yet, by the consent of the Lord himself, nor any his faithful servants, approved to be, any whit expedient, or necessary, for the good government of his church. And having thus laid this foundation, it is farther to be understood, that every reasonable custom, every custom not erroneous, and lawfully prescribed, aught to have these properties following: The first is this, viz. It must be begun, and continued, ff de leg. l. sed et. Tacita civium conuentione, by a secret covenant of the citizens, agreeing together a long time, and by many years using the same, and doing some certain acts therein: For, Gloss. institu de iure nature. § sine script. ver. consensu. consuetudo, est quasi communis assuetudo. A custom is as it were a common usage, unto which use, the consent of the people is necessary: and therefore error, being contrary to consent, evermore hindereth and letteth a custom. Extr. de Do. & contum●. c. 1. Consuetudo, quae apud quosdam irrepserat, impodire non debet, quo minus prevaleat veritas & vincat. A custom crept in amongst certain, ought not to hinder, that the truth prevail not and overcome. And therefore, though the Pope's clergy a long time, and by many years passed, have observed and used this custom, and have secretly covenanted, given their consent, and by their silence have agreed together, that bishops, and other chief officers in their synagogues, having jurisdiction, might excommunicate alone: yet the authority gotten after this sort by those Bishops in the time of papistry, doth little advantage or profit our Bishops, in the time of the Gospel. For what prejudice, can the covenant of the popish clergy, work against the Citizens of the Lord, the professors of the Gospel: For though those Bishops, have used this authority, by the space well nigh of three hundred years, what is that to our Bishops, who have not had the use, possession and light of the Gospel scarcely threescore years? in which time too, there hath been a continual outcry, made by the Lords servants against this abuse, and a continual claim for the restitution of the Lords own order, that the Lords people, might be governed, and ruled according to his ordinances. And therefore that this custom cannot bind the Lords servants, I conclude thus. 1 They who have not secretly consented to this custom, are not bound by this custom: 2 But the servants of the Lord, have not secretly consented to this custom: ff. de legib. l. de quibus 3 Therefore they are not bound by this custom. THe first proposition is the law itself: the second proposition, I confirm thus. At the beginning of this custom, it is evident, that the family of the Lord, was very small, and the same oppressed in captivity, & it being in servitude and bondage, could not freely give any secret consent to any government, all manner of govenrment being violently taken from them. And as touching the time since the publishing of the gopsel, how far they have been from yielding any privy consent hitherto, as well both the open and public protestations, by the preachings and writings, of many notable men, in the churches with us: as also the use, & practice of all reformed churches else where, do manifest the clean contrary to the whole world, by means whereof the Bishops under the Gospel, though they have hitherto used authority to excommunicate alone, yet thereby have they not gained any just title, interest, or dominion thereunto. For that, as yet, they have never proved themselves to have any quiet, and peaceable possession, of this their jurisdiction: and therefore cannot use, this pretenced custom, as a lawful defence against their brethren and fellow servants. Cod de prescript. ●rigi vel quadra. anni. l. si. quis. & l. vlt. Extra de prescript. c. sanctorum. CONSVETUDO, sive possessio, debet esse pacifica non violenta, & sine interruptione, ad hoc ut prescriptio locum habeat: A custom, or possession, aught to be peaceable, not forced, & without interruption, to the end, prescription may take place. And therefore I conclude against this custom thus. 1 Every unpeaceable & forced custom, is an unlawful custom. 2 But this custom, that one should excommunicate alone, is an unpeaceable, & a forced custom: 3 Therefore this custom, is an unlawful custom. THe first proposition is the law: the second proposition, our knowledge & experience teacheth us evidently enough, for though this custom be peaceable in the popish synagogue, yet it followeth not that the same therefore is peaceable in the church of Christ. For the quiet possession of the predecessor, is not continued unto the successor, or any whit advantageth the successor, unless the successor challenge his possession by the same cause, & by the same title, that his predecessor did. If the same will in his person continue the possession of his Ancestor, & so by prescription, achieve the dominion or proprieti of any thing, he must continued the possession by the same title, that his Ancestor begun the possession. And therefore, sithence our Bishops under the gospel, & the popish Bishops by fiction of law, be one, & the self same person, & therefore by all intents & constructions of law, must of necessity use the self same title for the continuance of their possession, and the prescription of their custom, one of these two things must necessarily follow, either our bishops must use the title of this custom, which the popish bishops used, and so a corrupt title, the consents of the popish clergy, no sufficient title to bar the lords servants: or else they must challenge this custom, as prescribed by some other lawful title since the succession, which cannot be for two causes. First, (as I said before) they have not been in possession of their offices under the Gospel, so many years as are sufficient to the prescription of a custom. Secondly, whereas a continual claim by open writings and preachings, hath been made to the contrary, it appeareth that the possession they have, is altogether forced, and violent, and therefore an unjust possession. And as touching the number of years before mentioned, I would not have the Papist, or any other take any advantage by those speeches, as though I meant, that the Gospel hath not been preached these threescore yeeares (a time sufficient in Law to prescribe a custom) in as much as I know that the Gospel now preached, is the same Gospel that hath been preached from the beginning: yea, that hath been from all eternity, and preached by the Lord Christ himself, in the days of his humanity, and continued in his Church ever since by his true disciples: but my meaning is, that since the time of the restitution thereof, and of the return of his people, from out of the captivity of the spiritual whore of Babylon, there hath not yet so many years passed, as may serve for a lawful custom to the bish. under the Gospel, against their fellow brethren: For though they succeed the Apostles, and primitive Church in soundness of doctrine, and teach the same salvation that our saviour himself taught, and so have a continuance, and a possession of the doctrine of faith: Yet thereby, or therefore it followeth not, that they likewise have, or may challenge the like defence for the former custom. The Apostles themselves, and the primitive Church, never using any such authority, and therefore no such authority to be derived, or continued from them, as in deed never begun, or practised by them. And therefore for this cause, and in this respect also the former custom, as an unreasonable custom, is in truth no custom at all. For Consuetudo irrationabilis amittit nomen consuetudinis, & appellatur corruptela. Panor: in c. cum venerabilis. extra. de consuetud An unreasonable custom no custom. An unreasonable custom, looseth the name of a custom, and is called a corruption. I say, this custom in the Church of Christ, is an unreasonable custom, as never begun by the Apostles and servants of Christ, and therefore not to be continued by the followers & successors of the Apostles; the Apostles both teaching & practising the clean contrary. And therefore as every law against the law of God, is an unreasonable law, and therefore in truth no law: So every custom against the law of God, is an unreasonable custom, and so in deed no custom. Consuetudo saith Anto. de Butuo, si tendit ad foelicitatem animae est rationabilis, si vero repugnat fini aeterno, consuetudo est irrationabilis. A custom if it tend to the happiness of the soul, it is a reasonable custom: but if it repugn the end eternal, the custom is unreasonable. Now that this custom where by the law of the Almighty is violated, can not tend to the beatitude of the soul, every man must confess. And therefore I conclude thus. 1 Every custom not tending to the happiness of the soul, is an unreasonable custom: 2 But this custom that one should excommunicate alone, tendeth not to the happiness of the soul: 3 Therefore this custom is an unreasonable custom. The first proposition is the Law: the second proposition, I prove thus: 1 Every breach of the Law of God, tendeth to the destruction of the soul: 2 But this Custom is a breach of the Law of God: 3 Therefore this custom tendeth to the destruction of the soul: and if it tend to the destruction of the soul: then tendeth it not, to the happiness of the soul. THe second proposition of this syllogism, hath been proved before, namely, for that the Apostles have taught and practised the contrary. And in truth, as hath been already proved, it was begun, above a thousand years after the Apostles times, and confirmed only by a Pope, upon a politic reason, drawn from the government of common weals: namely, for that matters committed to one, may in reason be easilier and speedilier dispatched, than matters committed to many. 1. Panor. c. cum venerabilis. Extra. de consuet. Again Consuetudo quae est inimica canonibus, prima facie presumitur irrationabilis. A custom that is enemy to the Canons, is presently presumed to be unreasonable. Now the ancient Canons you have seen before to be contrary; and therefore what may be concluded, let every one judge. And hereby two other notable defects and impediments appear again, to be in this custom, which cannot be in any custom lawfully prescribed. A custom not begun in good faith, no lawful custom. The one, that it was not begun Bona fide, & justo titulo, By good faith, and upon a just Title: the other, that it was begun, through want of the knowledge of the truth, and so ignorantly and erroneously: which I prove thus. Whatsoever is begun and continued in the Church, against or without the commandment of GOD, as the same must needs be, begun Mala fide, & iniusto titulo, by an evil conscience, and by an unlawful title; so must it follow that the same is begun also, without knowledge of the truth: for that neither any good faith, neither any truth, can be found to be in any thing, that is contrary or without the word of God. And therefore this custom is again for these two respects, utterly unreasonable, and therefore doth not excuse against common right. Extra. de consuet. c. cum olim. Quia consuetudo excusat in hiis quae sunt contra ius positiuum, dum tamen sit rationabilis, & prescripta, Because Custom excuseth in those things, which are against Positive Law, so the same be reasonable and prescribed. Now, that no bishop by common right, could excommunicate, correct, or punish his subjects alone before the time, that Boniface the eight had given sentence for the bishop of Pictavia, Lib. 6. de consuet. c. non. est. against the Dean and Chapter of the same Church, complaining that the bishop had dealt injuriously with them for that he had exercised Ecclesiastical Discipline, without their Counsel, hath been already proved by the Canons and Constitutions before specified. Which Canons were decreed long before, and nearer the Apostles time, and according to the practice, and usage of the ancient Fathers. And therefore, since this Custom, hath had a beginning, but in the time of Boniface the eight, (no lawful successor of the Apostles) and that upon a reason of politic government, and not upon the word of God: and that the law before was contrary, yea and is contrary still: where no such custom hath been so prescribed: I conclude, that in the beginning it was not so, and therefore contrary to the commandment of God, and therefore unreasonable, and therefore no custom, but a corruption. Every custom must be lawfully prescribed. The second property of every good and laudable custom in the Church, is, that the same be rightly and lawfully prescribed, otherwise it shall lose the nature of a custom, and be of no force to bind. And to such a custom these two things are necessarily required. Glos. extra. de consuetud c. cum quanto. First, the same must be begun, Sciente illo qui ius potest condere, With the knowledge and consent of him, that hath power to make a law. Secondly it must not be Contra neruum ecclesiasticae disciplinae, & libertatem ecclesiae: Against the joints and sinews of ecclesiastical discipline, and liberty of the Church. Touching the former, we are first to consider the state and condition of Pope Boniface, whether he as a lawful king, governor, or ruler, had power and authority to enact, and publish, a law, in the Church of Christ or no? For had he no authority to make a law in the Church of Christ, then by the foresaid maxim, it followeth; that he had no authority, to confirm or establish a custom. Now it is manifest, that the Pope's kingdom, is an usurped kingdom: that his power is not lawfully derived unto him by the word of the Lord: that it is a kingdom more opposite, and altogether contrary to the kingdom of Christ: that it proclaimeth doctrines against the doctrines of our Lord Christ: that it urgeth traditions against his commandments: that it inventeth new sacrifices, and disannulleth his only, and all sufficient sacrifice: that it is external, and consisteth in outward pomps, rites, and ceremonies, whereas the kingdom of our Lord Christ is spiritual, and consisteth in the renewing the inner man. If then, there be such division, and dissension between these two kingdoms, because of the divers governments of these two kings: (I term the Pope a king, only in respect of his usurped kingdom) the one governing his subjects, by the sword of the spirit, the word of God, the other governing his adherents, by the inventions of men, and traditions of his own brain, it standeth us the faithful servants, and subjects of the Lord Christ in hand, that as we are exempted by his grace and power, from the bondage of our enemy: so to exempt ourselves also, from acknowledging any power, to be in his adversary to make a law, or to establish a custom for us to be ruled & governed by. And as the papist, to manifest his obedience to the Pope, will affirm this custom, to be available in the government of the popish church, and to be good, as brought in by the knowledge of their King the Pope: so it standeth upon our allegiance and fidelity to our King jesus Christ, not to confess this custom to be commendable, but as it is, so to account the same, altogether corrupt, as being not brought into the Church, with the knowledge of the same our King, who hath only power to make a law in his Church, but rather foisted in, by the power of an usurper, contrary to our said King, his express will, and commandment. In deed if our Bishops, and other Church governors, were popish bish. & acknowledged the Pope, for their general superintendant, and that he had power, to make a law: they might then seem, to have some reason by alleging this custom for their defence? neither could I then deny the use, and authority thereof unto them. But the case standeth otherwise with them. Our Bishops pretend themselves to be enemies, unto the Pope's usurped power: they would be no maineteyners of his authority, they confess not him, to have power to make a law, they account and repute him to be mere Antichrist. Yea our Bishops are ministers of the Gospel, they are dispensers of the word of God, they be Legates from the Lord Christ, to declare his good pleasure to his people. And therefore the state of our question is otherwise, and standeth thus: namely, whether a custom begun, and continued in the synagogue of Antichrist, with the knowledge of him, that in that synagogue had power to make a Law, be a good, and a laudable custom, for the Church of Christ, being begun, & continued, without the knowledge of the Lord Christ: And whether the ministers of the Gospel, may safely challenge, the use, or benefit, of any such custom in the ministry of the Gospel or no? Whereunto I answer, and that by Law negatively. For, making the Kingdom of our Lord jesus Christ, and the ministry of his Gospel, to be as it is indeed, a Kingdom of power and grace, and to be a Kingdom opposite and contrary to the kingdom of Antichrist: I say that there can be no custom brought into his Church, nor practised by the ministers of his Gospel, unless the same be brought in by the knowledge, and consent of their Lord and King jesus Christ, who only hath power to make a law for them to be governed by. And that therefore unless it may be justified, that this custom, (namely that one should excommunicate alone) was brought in with the knowledge and consent of our Lord jesus Christ: I say, that by Law this custom is a void custom. And therefore I conclude thus: 1 Every custom begun and continued in the Church of Christ, without the knowledge and consent of Christ, who only in his Church hath power to make a Law, is no custom lawfully prescribed. 2 But this custom (namely that one should excommunicate alone) is begun and continued, without the knowledge and consent of jesus Christ: 3 Therefore this custom is not lawfully prescribed. And again: That this custom namely, that one should excommunicate alone, is against the force of ecclesiastical Discipline; and the liberty of the church, and therefore not available: I prove as followeth. 1 Whatsoever is against the policy, of the Church of Christ, instituted by God, for the wholesome administration, and government thereof: the same is against the force, and power of ecclesiastical Discipline. 2 But this custom: namely, that one should excommunicate alone, is against the policy, of the Church of Christ, instituted by God: etc. 3 Therefore this custom is against the force of ecclesiastical discipline. THe first Proposition is plain and evident from the definition, or description of ecclesiastical Discipline, defined to be, Christianae Ecclesiae politia, à deo illius vectè administrandae gubernandaeque causa, instituta: The policy of the Church of Christ, instituted by God, for the good administration, and government of the same. So that whatsoever may be said to be contrary or repugnant unto this form, and manner of Christian policy, the same consequently, may be affirmed to be contrary, and repugnant unto Christian Discipline, the said policy containing the very whole, and entire nature & essence of the said discipline, & therefore the one convertible with the other, as the very true and essential definition, with the very thing itself defined. The second proposition I prove by two conclusions. 1 Whatsoever is the only policy of the Church of Rome, the same is the policy of the Church of antichrist. 2 But, that one by custom, should excommunicate alone, is the only policy of the Church of Rome. 3 Therefore the policy of the Church of Antichrist; and if of Antichrist, than not of Christ, for there is no communion between light, and darkness, between Christ and belial. THat the policy of the Church of Rome (which is my first proposition) is the policy of antichrist, is evident, inasmuch as the Church of Rome (teaching for doctrines, the traditions of men, and having her mouth open to blasphemy against GOD, and to blaspheme his name, and his Tabernacle, and them that dwell in Heaven) is the Church of Antichrist. The second proposition shall be proved, with the second proposition of the Syllogism following. My second reason is. 1 Whatsoever is not instituted by God, for the government of the Church of Christ, the same is not the policy of the Church of Christ. 2 But a custom, whereby one should Excommunicate alone, is not instituted by God, for the government of the Church of Christ. 3 Therefore the said custom is not the policy of the Church of Christ: THe first Proposition is drawn from the essence, & nature of the policy of the Church of Christ, for that no other policy, can be the policy of the church of Christ, than that policy, which is instituted by God, the Lord and Father of Christ, for God is the only head of Christ, and the law giver unto Christ: for whatsoever I have received (saith Christ) that have I commanded you. And that which I received of the Lord, (saith the Apostle) that I have delivered unto you. Now it is manifest that both our Saviour Christ, & his Apostle, 1. Cor.. 5. 4. 5. Mat. 18. 16. 17 18. delivered a policy unto the Church of Christ, for the government thereof, namely excommunication by many, and therefore that excommunication by many, is instituted by God, for the government of the Church of Christ, cannot be denied. And if excommunication by many be commanded by God, than excommunication by one alone, is forbidden by God. The second proposition I prove thus: 1 Whatsoever is the tradition, and invention of man, the same is not the institution of God. 2 But a custom whereby one should excommucate alone, is a tradition and invention of man. 3 Therefore the same is not the institution of God. THe first proposition is manifest by infinite places of Scriptures, & especially by the doctrine of our Saviour, in the fifteenth after Matthew, where he proveth, that the Pharisees (reprehending his disciples, for not keeping the traditions of the Elders, in washing their hands) have made the commandemennt of God, of no authority, by their own tradition, manifesting thereby that in vain they worshipped him, teaching for doctrines men's precepts. The second proposition of this syllogism, with the second proposition of the former syllogism, is proved by the decree of Boneface the eight before alleged: which Boniface, was a man: was a Pope, and Governor in the Church of Rome, & was an enemy to the institution, & ordinance of God. And therefore against the force and virtue of the said custom as not lawfully prescribed, and therefore not having sufficient power and authority, of an equal & just unwritten law, being brought into the Church about three hundred years passed, and that by the ratification of Boniface the eight, an enemy unto the church: I conclude thus: 1 No custom against the force of ecclesiastical discipline, can be a custom lawfully prescribed: for the law warranteth no such custom: 2 But this custom, namely that one should excommunicate alone, is against ecclesiastical discipline: 3 Therefore this custom can not be a custom lawfully prescribed. And therefore a mere and manifest corruption. THE first proposition is the law itself: The second proposition hath been proved from the definition of Ecclesiastical discipline. And therefore our sole customary excommunicatours, shall come to late to deny the conclusion. I made mention before of one other condition properly incident, and inherent to every custom lawfully prescribed, namely that the same should not be against the liberty of the Church of Christ. Now, that this custom, (namely that one should excommunicate alone) is also against the liberty of the Church. And therefore not lawfully prescribed, I prove thus. 1 Whatsoever is against the liberty of the congregation of the faithful, the same is against the liberty of the Church: 2 But a custom whereby one should excommunicate alone, is against the liberty of the congregation of the faithful: 3 Therefore the same is against the liberty of the Church. THe first proposition is evident, because the church comprehendeth the congregation of the faithful. Ecclesia congregationem fidelium comprehendit. And here according to the supposition of the law, and according to the meaning of the same law, whereof I entreat, I argue from the general to the particular thus: 1 If for the Pope (challenging unto himself absolute power, and authority over the universal Church) to excommunicate alone, should be contrary to the liberty, of the whole society of the faithful, and so of the Church in general: then for a Bishop (challenging unto himself authority over the particular Church, with in his particular Diocese) to excommunicate alone, is contrary to the liberty of the particular society of the faithful, and so of the particular Church within his Diocese: 2 But the first is not lawful: 3 Therefore the second not lawful: FOR Quod juris est in toto, quoad totum, idem est in part, quoad partem: What right there is from the whole unto the whole, the same right is from the part, unto the part. Again, that this custom, namely for one man to excommunicate alone in one place, is against the liberty of the Church in one place, (which is my second proposition, I prove from the essence, and nature of liberty. Libertas (saith the lawyer) ff. de statu. ho. l. libertas. est naturalis facultas eius, quod cuique facere libet, nisi quod vi, aut iure prohibetur. Liberty is a natural faculty to do that, that every man is willing to do, unless by force or Law, he be restrained: By which definition though the Lawyer have properly defined the only liberty of a reasonable and natural man, and not of the spiritual and regenerate man: yet by the self same definition, may appear what the freedom of a man new borne aught to be: namely, such a gracious liberty, as whereby he might thoroughly without restraint, perform whatsoever he would in the spiritual service of the Lord, unless by violence or positive Law he were restrained. And therefore wheresoever, either by violence or positive law, any one man, in any one place, usurpeth power to excommunicate alone: there, the whole company of the faithful in that place, is secluded from this frank ability, to do what it would in the spiritual service of the Lord: wheresoever (I say) this freedom is after this sort, by a certain violence, or positive Law, wrested out of the power of the Church, so that she hath not free liberty to execute her will: namely, to banish from her society and fellowship, all such as have by their own misdemeanour, banished themselves from the obedience of the Lord: it must necessarily follow, that therefore, for one to excommunicate alone, is against the liberty of the Church, bringing the Church into extreme bondage and servitude: For as by the reason of the natural man: servitus est constitutio juris gentium, qua quis dominio alieno contra naturam subticitur: Servitude is a constitution of the law of nations, whereby against nature any man is subject to the Dominion of another: even so by the reason of the work of the spirit, that, without contradiction is to be reputed a spiritual servitude, whereby the Church of God, contrary to the Law of God, is brought under any strange and foreign government: And therefore, I conclude thus. 1 Whatsoever is an occasion that the Church of God is in subjection and bondage, the same is against the liberty of the Church. 2 But that custom whereby one should excommunicate alone, is an occasion that the Church of God is brought into subjection and bondage: 3 Therefore the same is against the liberty of the Church; and if so, than not lawfully prescribed, and if so, than no lawful custom, but a corruption. THe first is proved from the rule of contraries, that whatsoever is affirmed in the one, the same must be denied in the other: Ye were in bondage (saith the Apostle) but now ye are free, and therefore no more in bondage: The second proposition, hath been proved as well by the description of liberty, as by the Etimoligie of bondage, whereby hath been showed the Church then to be at liberty, when she may do whatsoever she will in the service of the Lord, according to the will of the Lord: And so consequently, then to be in thraldom and subjection, when she is bound to yield unto that, which is contrary unto the will of the Lord: And therefore in this respect also, I may once again conclude against the said custom thus. 1 Every custom which is against the liberty of the Church, is a custom unlawfully prescribed: 2 But this custom; namely, that one should excommunicate alone, is against the liberty of the Church. 3 Therefore this custom is unlawfully prescribed. But be it that this foresaid asserted custom, were not to be reputed an erroneous custom, be it that the same were begun and continued, by the consent and agreement of the lords people: be it that it were not forced, and violent, but peaceable, and without interruption: be it that it were not unreasonable, and against the law of God: be it that it were brought in with the knowledge and consent of the Lord Christ: be it that it were not against the liberty of the church or against the power of ecclesiastical discipline: Though a bishop might excommunicate, yet a bish. Commissary may not. be it I say, that every bishop a minister of the Gospel, have power to excommunicate alone, shall it therefore follow, that every bishops commissary, or Archdeacon's official, a man not entered into the ministry, a mere lay man (as they call him) not capable of any such jurisdiction, may do the like? For though a bishop, or an Archdeacon, by positive Law, may substitute, and depute, another to execute jurisdiction, under him: yet notwithstanding by the same positive Law, he is restrained from delegating the same, to every man without any difference, or distinction of persons. Extra. de elect. c. EPISCOPI EA QVAE SUNT. etc. Bishops may commit matters of jurisdiction, as of judgement, excommunication, and such like, to others having no jurisdiction: but notwithstanding they must be such manner of persons, as be capable of jurisdiction, but a lay man is not capable of jurisdiction: Therefore he may not excommunicate, because custom can not work, that a Clerk, no Bishop should exercise those things, which are reserved to the order of a Bishop. c. 10. Andre. in. c. ij. de preb. lib. 6. And the reason is, Quia consuetudo non facit quem capacem: because a custom maketh not one capable. Every bishop, and very minister, by common right, have authority to preach the doctrine of faith, and to minister the sacraments, & in his necessary absence, may have this duty herein performed by another: but yet neither the Bishop, neither the minister in his absence, may leave, any one, not called to some function in the ministry, to preach the Gospel, though the same party were the godliest, and wisest man in the whole country. The Emperor may appoint Presidents, and Proconsul's in provinces, to be his deputies, to execute justice under him, and in his name: and the Praetor may appoint tutors and curators to pupils and orphans, but yet neither the one, neither the other, may therefore appoint children, or madmen, or women, to those offices. The Lord Chancellor of England under her majesty hath authority to place justices of peace in every sheer, yet can he not appoint a Spaniard, or an Italian borne. A bishop likewise, as he himself, by reason of his function, & the ministeri committed unto him by law positive, is made, as he supposeth, capable to excommunicate, so ought he to delegate the same his office, only to one of the ministry, & not to a doctor, or bachelor of law, a mere lay man, though he profess the gospel; much less to a suspected, or known popish doctor, or bachelor of law, & a mere lay man too, an enemy to the gospel. For what authorty have these kind of men, over the ministers of the gospel? Did ever Moses or josua, or David or josiah, commanded any Hebrew, not of the tribe of Levi to execute the priest's office? did Aaron, or any his faithul successors, ever supply their rooms, & execute their offices by one, not of their own tribe? And if these men, may not be found to have done these things, much less would they ever have tolerated, a priest of Baal, or a Philistine no priest at all, to have entered into the sanctuary. It was not lawful for Aaron, or his Son Eleazar to commit the folding up of the sanctuary, unto any of the family of the Koathites. And therefore I say, that a bishop or an archdeacon, can no more commit the office of executing the discipline of the Lord Christ, to a lay man (as they call him) or one that is no minister than he can commit the office of preaching & baptizing, to one that is no minister, such men are altogether uncapable of such offices. For CONSVETUDO etc. A Custom cannot give authority unto private persons to excommunicate, neither to degrade or depose: neither yet to arrest Clergy men, or bodily to chastise them. De office Archid. c. cum satis. Extra de elec c. transmissa. De cleric. co●… c. cle. 10. lib. 6. Touching the statute made in 37 year of Henry the eight, that all & singular persons, as well lay men, as those that were then, or should afterward be married, being Doctors of the Civil law, lawfully create and made in any university, may lawfully execute, and exercise all manner of jurisdiction, and all Censures and coertions, appertaining or in any wise belonging to the same. First I answer, that the same is but a law of man, and therefore by man may be abrogated. Secondly, that as it was made in a corrupt time, so in truth the statute in that point is corrupt, and aught therefore in the same point, to be repealed. For though the same statute in some respect, establish and confirm unto the king, and his successors, and so unto our most gracious sovereign Lady, the Queen's majesty that now is, lawful pre-eminence, power, superiority and Lordship over all persons within her Dominions, of what state or condition soever, touching punishment for any heresies, errors, vices, schisms, abuses, idolatries, hypocrisies and superstitions, springing or growing by means of any her disobedient and disloyal subjects, so hath her majesty by her injunctions, published, that her highness did never pretend any title, or challenge any authority to punish any of her subjects, for any of the said offences, by censure Ecclesiastical, in right belonging to her royal person; but that her highness meaning and intent is, and always hath been, to commit the execution thereof always, to the Ecclesiastical state of her time. Her Injunction is as followeth. The Queen's majesty being informed, that in certain places of the Realm, sundry of her native subjects being called to Ecclesiastical ministery in the Church, be by sinister persuasion and perverse construction, induced to find some scruple in the form of an oath: which by an act of the last Parliament, is prescribed to be required of divers persons for the recognition of their allegiance to her majesty, which certainly never was ever meant, ne by any equity of words or good sense can be thereof gathered: Would that all her loving subjects should understand, that nothing was, is, or shall be meant, or intended by the same oath, to have any other duty, allegiance, or bond required by the same oath, than was acknowledged to be due to the most Noble kings of famous memory, King Henry the eight, her majesties father, or king Edward the sixth her majesties brother. And further, her majesty forbiddeth all manner her subjects to give ear or credit, to such perverse and malicious persons, which most sinisterly and maliciously labour to notify to her loving subjects, how by the words of the said oath it may be collected that the kings or Queens of this Realm, possessors of the crown, may challenge authority and power of ministery of divine offices in the Church, wherein her said subjects be much abused by such evil disposed persons. For certainly her majesty never doth, ne ever will challenge any other authority, then that was challenged, and lately used by the said noble kings of famous memory, king Henry the 8. and king Edward the sixth, which is and was of ancient time due to the imperial Crown of this realm, that is under God to have the sovereignty and rule over all manner persons borne within these her realms, Dominions and Countries, of what estate, either ecclesiastical or temporal, soever they be, so as no other sovereign power shall or aught to have any superiority over them. And if any person that hath conceived any other sense of the form of the said oath, shall accept the same oath with this interpretation, sense, or meaning, her majesty is well pleased to accept every such in that behalf, as her good and obedient subjects, and shall acquit them of all manner penalties contained in the said act, against such as shall peremptorily or obstinately refuse to take the same oath. By which Injunction, we may evidently perceive, that as the Lord hath restored unto her majesty the sceptre of justice and judgement over all persons, within her Dominions, and reunited the government over the ecclesiastical state, to her highness crown and dignity: so her majesty remembering the Lord's goodness towards her, mindeth nothing less, than hereby to confounded the two principal offices in his church, viz. magistracy & ministry, but leaveth them still distinguished, as by his word he hath prescribed: challenging unto herself as chief magistrate, nothing else, but power to command; both that the true ministry, be duly executed by men lawfully called thereunto: and also that her lawful magistracy may be advanced in all things according to his word. Wherein we see her majesty both in respect of her sex, and in respect of her civil office, utterly to have refused, to take this part of the ministry upon her, as well as she doth abstain from ministering the Sacraments, or dispensing the word by public preaching. She contenteth herself with the authority limited unto her by the word of God over the bodies, goods, lives & possessions of her subjects: she challengeth no power over their souls, as by excommunication to deliver them to sathan. If any person whatsoever shall offend against any law, statute, or custom of this Realm, whereby he may incur any bodily punishment, she thinketh it sufficient for her by her process, to summon him before her tribunal seat, and upon his trial, to have in her name judgement pronounced against him, for the breach of her highness laws, whether the same consist, in loss of life, goods, lands, promotions or whatsoever. And as touching ecclesiastical coercion, if any of her people deserve to be punished by the ecclesiastical ministry, her highness demandeth no other sovereignty, then to command the ministry to exercise the discipline of the Church against the offenders, as by the laws of God they are commanded: and in case they of the ministery, shallbe herein remiss & negligent, then to punish them with such pains, as either by her laws is provided, or by her wisdom shallbe thought expedient in that behalf, for the contempt of her gracious commandment, & neglect of the Lords service. In which diversity of punishments, the diversity of the offices, of magistracy and ministry, doth manifestly appear. Magistracy having evermore regard to the body and outward man: but ministry always to the soul, and inner man. The magistrate punisheth with bodily chastisement, the minister with spiritual discipline, neither doth th'one hereby derogate from the other, or any whit weaken the other, but rather each one strengtheneth & fortifieth the other. For the mind brought in frame by discipline, frameth the whole body to a more holy obedience, so that the magistrate thereby hath less trouble in his office, & the common weal more flourisheth in peace and prosperity. Which difference, were it well weighed, & without cavilling thoroughly marked, would soon decide this controversy. For hereby the former statute, touching the exercise of ecclesiastical discipline by Doctors of the civil law (mere lay men) would clearly appear to have been made in a time, wherein the truth was not so manifested as now it is. For if every man ought to confess that it is unlawful by the word of God, for a king and Potentate, no minister of the Gospel to excommunicate, and so consequently, unlawful to execute the office of a minister: every man ought much more to confess, that authority given by man to a kings vassal no minister of the Gospel, to excommunicate, and so consequently to execute the ministers office, is an authority given unto man against the law of God, and therefore both the law speedily to be repealed, and the abuse in the mean time to be reformed. And therefore I conclude against that statute thus from the greater to the less. 1 Whatsoever is unlawful for the king, a lay man to exercise in the Church of Christ, the same is unlawful for every of his vassals a lay man to exercise. 2 But it is unlawful for a king a lay man to exercise Ecclesiastical discipline in the Church of Christ: 3 Therefore it is unlawful for a Doctor of the civil law, a king's vassal and a lay man, to exercise the same. BUT suppose this statute, might in some respect be some excuse to Doctors of the Civil law, ignorant of the word of the Lord, yet thereby it followeth not, that the bishops may in like sort be excused, as well for that they can not pretend any such ignorance, they knowing the same to be against the word, and not therefore to be practised: as also, for that they be not precisely commanded by the said statute, to constitute and ordain Doctors of the Civil law, no ministers of the Gospel, to be their Commissaries, or officials, but they may themselves, if they will either reserve and keep unto themselves, exercise jurisdiction, and minister justice by themselves: or else depute such men unto those offices, as by law are capable of jurisdiction, and may execute ecclesiastical discipline, according to the word of God, I mean only ministers of the Gospel. But suppose again that by force of this statute, bishops were absolutely commanded to ordain Doctors of the Civil law, to be their only Commissaries, and officials: and that all sentences of excommunication, and other ecclesiastical coertions, exercised by the said Doctors, mere lay men, were good, and duly, and rightly ministered, by force of this statute, and so the Bishops by that means exempted from all just reprehension in this behalf: yet what can be answered concerning the proceed, judgements, executions and censures, pronounced by mere lay men, no Doctors of the civil law? Bedell at Lichfield: Liche at Chester: Chippindale at Leicester: Langeford at Bedford: Glazier at Oxenford: green at Gloucester, before they were Doctors of the civil Law, mere lay men. Talentine at Northhampton a mere lay man, executed ecclesiastical coercion & discipline a long time. say at Winchester: Babyngton at Lichfield, Hudson & Dethick in the County of York & bishopric of Durham, mere lay men, no Doctors of the civil law, execute and exercise Ecclesiastical jurisdiction and all censures and coertions belonging to the same at this day. And though it may be answered that some of these no Doctors, were, or be Deacons, and so Clergy men, and therefore no lay men: I reply though they were, or be in deed Deacons, and so one kind of Clergy men, that they can not therefore excommunicate, etc. De regni juris. li. 6. ea. Ea quae fiunt a judice, quae ad eius officium non spectant, viribus non subsictunt. Whatsoever things be done of a judge belonging not to his office, the same things are of no force. For let us put the case, that some Archdeacon, or Chancellor, and yet no bishop, had ordained some man to be a Deacon, pronouncing words apt to the giving of such an order, whether such a one be a Deacon: I answer no, because power to make clerk, doth not belong to the order of priesthood, unless the maintainer be a Bishop. Or suppose that a Bishop had granted one an hundred days of pardon, for some good work that he had done: whether this grant by law be good? Truly no. Because it belongeth to a Bishop only to give forty days of pardon. and not an hundred. In like manner I conclude, though some in authority exercising ecclesiastical censure be Deacons, yet notwithstanding that their said censure, is in law no censure, as a thing not belonging to the office of a Deacon, but only to the office of a minister. There remaineth yet one other objection, namely that excommunication is not used, as an Ecclesiastical but rather as a civil punishment. Whereunto I answer, that such men speak altogether without book, & that by law they shall never be able to justify their assertion. And undoubtedly whosoever shall account excommunication, to be a civil punishment, the same man is shrewdly to be suspected, to be a privy and subtle enemy unto the Church, for thereby he excludeth all kind of punishment from the Church. And I include under Excommunication, Suspension, Interdiction and admonition. For if Excommunication be Civil, then are these also civil, and if these be civil, than what is Ecclesiastical? But such men by undermining the Church, to maintain their own corrupt abuses, require some sharper medicine of pure ecclesiastical Discipline, to heal their uncivil behaviour, and therefore that excommunication cannot be a civil punishment, I prove this from the description thereof. ij. q. 2. nihil. §. evidenter. ij. q. 3. nemo. Excommunicatio est extra communionem ecclesiae separatio: vel censura ecclesiastica, excludens a communione fidelium: vel est aeternae mortis damnatio. Excommunication, is the separating a man from the communion of the Church: or a censure ecclesiastical excluding from the fellowship of the faithful: or it is a condemnation of eternal death. And this kind of excommunication is called the greater excommunication. There is also another excommunication, called the less excommunication, and the same only separateth a man from the receiving of the sacraments. Moreover excommunication is said to be Paena animae, & mucro spiritualis, A punishment of the soul, and a Spiritual sword. By which descriptions it is apparent, that both the greater and the lesser, are belonging to the soul and conscience only, and therefore spiritual, and therefore no civil punishment. And therefore I conclude thus. 1 No spiritual punishment, is a civil punishment: 2 But excommunication is a spiritual punishment: 3 Therefore it is no civil punishment. For every civil punishment, is either Poena pecuniaria, or corporalis: ff. de. pub. iudic. l. a punishment by money, or else a bodily punishment, and executed according to the Proverb. Qui non habet in bursa, luat in corpore. He that hath not to pay in his Purse, let him redeem it in his body. Which kind of punishment for the most part inflicted against excommunicated persons, upon their absolution and restitution to the congregation, may seem to be of the same force, to confirm the former assertion: namely, that excommunication is a civil punishment. For in this respect, that money is given, and received for absolution, it may savour to unsavoury senses, to be a civil punishment: but no more can hereupon be concluded, that excommunication is a kind of civil punishment, because money is given for absolution, then that a punishment by money is a bodily punishment, because money is given for the redemption of the body. And again, if the Patrons of this civil excommunication, do not uncivilly abuse absolution, neither the party excommunicated by giving, neither the judge absolving by receiving any money, should have any colour, to feign or forge any such distinction: for that no exchange by money, aught to be made, between excommunication and absolution. Absolution freely to be given. The sentence of excommunication is simply to be denounsed for some heinous offence: the sentence of absolution is freely to be given upon repentance, the party is not to pay for excommunication the judge ought not to receive for absolution one penny. Extra de simo. c. ad ures. cum IGITUR INDIGNUM, etc. Seeing it is uncomely & contrary to the reason of the church, saith the canon, that the benefit of absolution be redeemed: We command that if the party have paid the 100 pounds, you cause him freely to be all solved: neither should this punishment be imposed, for every trifle or small faults. For as it is the greatest punishment by law, so ought not the judge to give sentence thereof, rashly or unadvisedly, but as it were, with a pair of Leaden heels. j j q. 3. nullus NULLUS SACERDOTUM. etc. Let no Priest, for small and trifling causes, besides the faults, for the which, the old Fathers have commanded offenders to be kept from the Church, suspend any man of sound faith. The Emperor by his Imperial laws, inhibiteth the same, Authen. desanctis episco. § omnibus colla. no. OMNIBUS AUTEM EPISCOPIS. etc. We forbidden all Bishops and elders, to separate any man from the holy communion before a cause be showed, for the which the holy rules bid the same to be done: And if any neglecting these things shall separate any from the holy communion, let him that is thus unjustly excommunicated, as absolved from the excommunication, receive the holy communion of an inferior Priest. By the ancient Laws of this Realm of England, the like prohibitions and provisions have been established. Math. Parisiensis. Hen. 2 fol. 135. Anno. 116. H. in a counsel holden at Claredon SI AB ARCHIDIACANO. etc. If any shallbe cited by the Archdeacon, or by the bishop for any matter, to make answer before them, and will not satisfy upon their citations, it is lawful enough to interdict him, but he ought not to excommunicate him, before the King's chief justice of the same Village, have been requested to compel him to come to satisfaction. And again, Math. Parisi. ibidem. Asserit rex juxta, etc. The king according to the prerogative of his kingdom, commandeth that none holding of the king in chief, or other minister be excommunicated by any man without his knowledge, lest if the king not knowing thereof, by his ignorance, communicate with an excommunicate person, admitting either to his kiss, or to his Council, an Earl or a Baron coming unto him. And now, sithence by the ancient canons, decrees and constitutions, confirming the good and ancient usage, of the Church and Fathers in old time: It appeareth, that excommunication, and all other censures of the Church, should not be exercised by the Bish. alone, but with the consent of the Clergy & eldership: whereby many extortions and briberies have been repressed: Sithence, by a pretenced custom alone, begun in the popish synagogue, the contrary hereof hath been practised: And sithence the same pretenced custom: was first grounded upon a politic reason only, facilius expedirentur negotia, Which reason now ceaseth: Sithence the same is also unreasonable, and an enemy unto the Canons: sithence the same is violent & not peaceable, but interrupted: sithence, it was never begun Bona fide: and sithence also it is erroneous, as not begun with the knowledge & consent of the lords people: Yea, sithence it was begun Mala fide, as being against the law of God, and begun without the consent of the Bishop Christ, who only hath power to make a law in his Church: Sithence, it is against the power of ecclesiastical discipline, and overthroweth the liberty of the Church, bringing the same into servitude & bondage: And sithence excommunication, is no civil, but a mere spiritual punishment to be executed only against great offences: Let us conclude, that excommunication by one alone, is not lawful. ¶ IT IS UNLAWFUL for a Bishop, or any other Ecclesiastical person by common right, to bear any civil office in the common weal. Extra. ne. cleri vel mona. c. sed nec. SED NEC PROCURATIONES, etc. But let not any Clerk presume, to exercise any government of Villages, or secular jurisdiction, under any Potentates or secular men, as to be made any their juctices. And if any person, shall attempt to do against these things, in so much as contrary to the doctrine of the Apostle, who willeth none, going a warfare to God, to entangle himself with worldly affairs, he dealeth therein worldly, let him be separated from the Ecclesiastical ministery, for that he, to please the Princes of the world, drowneth himself with the waves of the world, neglecting the office of a Clerk. And again. Extr. ne cleri. vel mona. c clericus. JUBEMUS ETIAM, etc. We command under the threatening of the great excommunication, that no Priest have the office of any Viscount, or secular governor: And if any shall presume to do the contrary, and being warned, will not amend, let him be subject to excommunication. The reasons of these Canons may be thus briefly gathered. 1 He that goeth a warfare to God, ought not to entangle himself with worldly business. 2 But every Bishop, and every Clerk goeth a warfare to God: 3 Therefore he ought not to entangle himself with worldly affairs: 1 None being a Bishop ought to neglect the office of a bishop, or being a Clerk, the office of a Clerk: 2 But whosoever being a bishop, or being a Clerk, shall use civil jurisdiction, the same being a bishop, neglecteth the office of a bishop, and being a Clerk neglecteth the office of a Clerk. 3 Therefore none being a bishop or a Clerk, aught to exercise civil jurisdiction. 1 Every bishop and every Clerk, that drowneth himself with the waves of the world, is to be removed from his Ecclesiastical ministery: 2 But every bishop and every Clerk, that useth civil jurisdiction to please the Potentates of the world, drowneth himself with the waves of the world: 3 Therefore every bishop and every Clerk, that useth civil jurisdiction, is to be removed from his ministery. IF such as seem by colour of law, to justify the heaping of offices one upon an others neck, had known these constitutions, no doubt though had they covertly desired an outward pomp, yet never would they so openly have maintained, a thing so manifestly forbidden, & so precisely disallowed by so many laws. A minister may more lawfully exercise an occupation, than a civil office. For the words of the Apostle Nemo militans Deo, implicet se negotiis secularibus, Are not only applied by the law to manual trades and occupations, as to be a plough man, a merchant man, a Baker, or a Brwer: but also to the chiefest offices under Kings and Emperors, as of viscounts, Stewards, Precedents, justices of peace, and such like: for the law foreseeing that a B. or clergy man, whose office ought to be applied wholly in heavenly things, & thoroughly to be withdrawn from earthly things, might not only be hindered from executing his duty, by being a Baker or Huckster, or other handy craftsman, but also by taking of him the office of a Viscount, Steward, or justice of peace, (these offices being of themselves sufficient for a whole man to be employed in) useth the reason of the Apostle, as well against the one, as against the other. And in truth more properly, and directly, against the one, then against the other: in so much as if we confer other places of holy Scripture, with this of the holy Apostles, we shall find, that it is tolerable, for a Minister: yea, he may exercise his hands in labour, and toil of his body, to get some part of his living, in case he have not by the congregation, allowance sufficient to maintain his estate: the same Apostle leaving an example thereof, as appeareth to the Thessalonians. 4. 3. Neither took we bread (saith he) of any man for nought, but we wrought with our labour and travail Night and Day, because we would not be chargeable to any of you: And again: Act. 20. 34. 35. You know that these hands, have ministered to my necessities, and to them that were with me. If therefore every minister, so it be no hindrance to his calling, and that he have no sufficient provision, may for the preservation of himself & family, exercise some manual occupation & labour with his body: & sithence we find not in the whole doctrine of the Gospel, that any liberty is given to the minister to become a magistrate, Rom. 12. 7. but that every one, that hath an office, is precisely commanded to attend upon his office; & every one that teacheth, to attend upon his teaching: & every one that exhorteth to attend upon his exhortation: and that by positive law, the self same is received and commanded to be practised (as before in the title of dispensations hath been proved): I see not how he that laboureth to couple the offices of magistracy, and ministry unto one man, and altogether to sever an handy craft, from a minister, can by pretence of law or colour of any reason, justify his assertion, the law grounding itself upon the scripture, as well for separating, and disjoining the former, as for linking and uniting together the latter. Yea, and the Bishops by their advertisements, published in the seventh year of her Grace's reign, and subscribed with the hands of one Archbishop, and five Bishops, her highness Ecclesiastical Commissioners, have ratified, and authorised what lay in them the former laws, concerning the practise and use of the latter. Advertisements the last article. Their words are these. [I shall not openly intermeddle with any Artificers occupations, as covetously to seek a gain thereby, having in Ecclesiastical living to the some of twenty nobles or above by year.] Therefore I conclude, that an Ecclesiastical person not having above twenty nobles by the year (a small portion for a minister of the Gospel to live by,) may intermeddle with an Artificers occupation. And if these great and learned Bishops, think it a matter tending to covetousness, for a poor minister to use openly some handy craft, in case he have twenty nobles or above to live by: I think for my part, whosoever shall say, that for a rich Minister openly, to intermeddle with an office of civil magistracy, to win him credit, and to procure him estimation, is a matter tending to ambition and vain glory, that he doth not in so saying slander the truth. And I have for the defence of this my opinion the laws and reasons following. 21. q. 3. Cyprianus. JAM QVIDEM consilio Episcoporum est statutum, ne quis de clericis & Dei ministris tutorem & curatorem testamento suo nominaverit, quandoquidem singuli divino sacerdotio honorati, & in clericorum ministerio constituti, non nisi altari & sacrificiis deseruire, & precibus & orationibus vacare debeant. Nemo enim, etc. It hath been lately by the council of Bishops ordained, that no man in his Tectament, should nominate any Clerk, or minister of God, to be a Guardian, or overseer, for that every one, honoured with divine priesthood, and placed in the ministery of clerk, aught to attend only at the Altar and Sacrifices, and aught to employ himself to prayers and supplications. For no man warfaring to God, entangleth himself with worldly affairs, that he may please him unto whom he approveth himself. Which thing the Bishops and our Predecessors, upon religious consideration and wholesome provision, have thought good, that no man departing out of this life, should nominate a Clerk to any wardship, or oversight of any pupils. Here again we see the counsel, having respect unto the custom of former ages, and times past, apply the very same place of scripture, against the offices mentioned in this Chapter, and vouch it in plea, as a bar against those offices in a minister, which notwithstanding in their own natures are necessary and very holy, and whereunto many excellent privileges and immunities be attributed: the cause of a Testament by law, being placed in the range & number of holy and Godly causes. And we know by experience, that the wiser a man is, and the more care he hath of his posterities well doing, the more provident & circumspect he is at the time of his decease, to leave the tuition of his infants, and disposition of their goods, to men best known to him, to be of greatest piety & sincerest religion, such as Bishops have been accounted. Neither are these offices only thus forbidden by Canon law, the Pope's law, but also by Provincial constitutions of England made heretofore, by the B. themselves in England, at the commandment of the Kings of England. Lyndw. ne clerici vel monac. c. vlt. PRESENTI DECRETO etc. We ordain by this present decree, that clerk beneficed, or placed in holy orders, be neither admitted governors of Villadges, as to be Stewards or Bailiffs, of such administrations, by occasion whereof they might be liable to make accounts unto lay men; neither yet that they exercise any secular jurisdiction, specially those, whereunto judgement of blood is annexed. And from these decrees I conclude thus. 1 Whosoever ought to attend upon the altar, and to give himself to prayer and making of supplication, ought not by any testament, to be made a Tutor or Guardian. 2 But every one honoured with the holy priesthood, and placed in the ministry of clerk, aught to attend upon the Altar, and apply himself to prayer & making of supplication: 3 Therefore none honoured, etc. and placed, etc. aught by any testament to be made a Tutor or Guardian. 1 Whosoever is governor of any Village, Steward, or Bailiff of any liberty or bailiwick, is by virtue of his office accountable to the laity. 2 But no Clerk beneficed, or otherwise placed in holy orders, by occasion of temporal officers ought to be accountable to lay men: 3 Therefore no Clerk beneficed, or any other placed in holy orders, aught to be any Governor, Steward or Bailiff. THE like constitution was made by Octobone, sometimes Legate from the Pope's side here in England, and specially published against the excess of our English Clergy in this behalf. Constitu. Octob. ne clerici. juris. secular: exerceant. cum HONESTATIS, etc. Insomuch as it is reputed a special decency of ecclesiastical honesty, to be far estranged from carnal actions, we deem it a very heinous and filthy thing, that hands deputed unto heavenly ministries, should be entangled with secular affairs. Or that certain clerk, seeking after earthly gains, and temporal jurisdiction, thorough a foul and greedy ravin, do receive from lay men secular jurisdiction, and be called justicers, and minister justice, which they cannot minister, without a dissipation and injury, of ecclesiastical order. Therefore, we desirous, to extirpate this horrible vice, straightly forbidden all persons of churches, and Vicars, with perpetuities: yea also, all other manner of persons whatsoever, placed in the ministry, that they presume not to take any secular jurisdiction of any secular person, or to exercise the same, according to the precepts of holy Canons: by this present Constitution, we straightly inhibit, that none placed in spiritual warfare, presume to exercise in the secular court, the office of an advocate, either in the cause of blood, or in any cause whatsoever, save only in such causes, as are permitted unto him by Law. And we likewise forbidden, that any clergy man should presume, to be either a judge, or an assessor. Which constitution of Octobone, as it seemeth in some sense, and in some respect, to exempt clergy men altogether from the power and sovereignty of Kings and princes, denying them indeed, power over the Clergy, and so in this sense be contrary and repugnant to her highness Crown, and prerogative royal, and therefore not authorized by act of Parliament, (though in the end the same Legate seem to allow the King's privileges, adding these words, Saluis domini Regis privilegiis, Saving the privilege of my Lord the King: So in another respect, and in another sense, if regard be had to the general equity of the inhibition, we shall find the same to agree altogether with the reasons of the former provisions. For in this constitution the Legate allegeth other reasons, than before were alleged: and forbiddeth other offices, then by the former were forbidden. The reasons may be gathered thus. 1 Whatsoever is injurious unto the ministry, or breedeth a dissipation of the ministry, the same may not be lawfully laid upon the ministry: 2 But to be deputed a minister of justice, to be made an advocate, a judge, or an assessor, is injurious to the ministry, and breedeth a dissipation thereof: 3 Therefore these offices, may not be deputed unto them. 1 Whatsoever may be cause that the clergy by any foul fault should serve from the works of faith, the same may not lawfully be laid upon the clergy. 2 But to be made a justice, an advocate, a judge, an assessor in secular Courts, may be cause that the clergy should serve from the works of faith: 3 Therefore clergy men lawfully may not be made justices, advocates, judges or assessors in secular courts. WHich two reasons of this provincial decree, may probably seem to have been collected, out of some more ancient Canons long before that time established, whereby the like offices were forbidden, and principally for these causes following. 21. q 3. pervenit. Gloss. non exerceant. Extra. de vit. & honest. cler. c. clerici consecratio distinc. 5. c. First that for filthy lucre's sake, they meddle not with taking to hire possessions, & secular causes: Secondly that through sloth & idleness, they separate not themselves from the holy ministries. Thirdly, that they run not a gadding to the Courts of secular princes: And lastly, because the Psalter, should never be out of their hands. And not only upon these grounds have these Laws at the first had their essence and establishment, but sundry other considerations as forcible as these, are apparently known, to the learned in the laws, for the overthrow of civil jurisdiction in ecclesiastical men. In the administration of civil justice, every one in commission of peace, without respect, either of the person, or of the cause, ought indifferently and unpartially to execute his office. For be a man once sworn in commission of peace, he may not afterwards deal with hearing of what causes he list: he may not take notice of halfpenny matters, and post over matters of blood, to his fellow justice: he may not only set an end, between neighbour and neighbour, for shrewd words passed, but he must prosecute the murderer to death: he must take his examination, and he must send him with a Mittimus to the jail. He must at the general Sessions of jail delivery, certify the murderers confession. Now because it is a matter very heinous by the ecclesiastical law in force, that any ecclesiastical person, should be present in any place, where any sentence is given for the shedding of blood, much less to be a minister of justice, in a cause of blood: Therefore civil jurisdiction for this cause also is forbidden ecclesiastical men. And among many constitutions, I have thought good to recite only these that follow. Extra. ne cleric. vel mon. c. clericis. CLERICIS IN SACRIS ORDINIBUS. etc. It is not lawful by the Council of Toletane for clerk placed in holy orders to handle judgement of blood: Wherefore we prohibit that they by themselves, neither chop of any members or cause any to be chepped off. For if any shall do such a thing, let him be deprived of his honour, and of his place. And again Extra. ne cleric. vel monac. c. sententiam. A Bishop may not be a justice of peace in cause of blood. SENTENTIAM etc. Let no Clerk indite or pronounce a sentence of blood, neither let him put in execution any sentence of Blood, or be present where it is exercised. Neither let any clerk indite or write Letters, to be destined for the avengement of blood. Therefore in the courts of princes, let not this care be committed to clerk, but to lay men. And again, Extra. de excess. prelate. c. extra. EPISCOPUS, cuius authoritate etc. A bishop, by whose authority manslaughter is committed, is deposed from the ministry of the Altar, and from his pontifical office, and from the administration of his Bishopric: A Bishop either directly or indirectly, giving cause that manslaughter be committed, the same being committed, aught to be deprived from his bishoply and Priestly office, & to be removed from the administration of his Bishopric. And that this Chapter may not seem (saith the Gloss) to be understood of manslaughter or murder unjustly committed, or perpetrated, these words are added in the Text, Quia propter furtum, quidam fur suspensus erat: Because for theft a certain thief was hanged. In the time of Henry the second, I find that the said King, gave certain Privileges, and immunities unto the clergy, the Tenor of which grant ensueth. Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI, EPISCOPI, etc. The Archbishops, Bishops, and all persons of the kingdom, which hold of the King in chief, let them have their possessions of the King, as a barony and thereof let them answer to the King's justicers and Ministers, and let them follow, and do all the King's customs, and as other baronies, so shall they be present in judgements of the King's Court, with the Baronnes, until the matter come to the loss of member, or to death. By which privilege granted unto the clergy (as I suppose) our Bishops at this day have their seats in the Star Chamber, and are Lords of the Parliament house. For before the grant made by this King, it doth not appear they had any such privileges; the words of the king not ratifying or confirming any former grant made by his ancestors, and predecessors, Kings of England, as in all gifts of confirmation usually is done, but gratifying his Clergy, and other of his subjects, by giving them new liberties, and franchises, whereof before his time they were not possessed: for in the grant there is no repetition, or mention of an Inspeximus: we have seen, the charters of our father, grandfather or great grandfather: but here is a mere and absolute grant, derived principally from the kings own person. H. 2. Whereby I gather, that these offices in Clergy men, have not been of any long continuance in England, and that by the ancient laws, and customs of England, they do not properly belong unto them: only the King by his prerogative, having power to make Barons, at his royal pleasure, and to appoint judges in his Courts at his gracious will, hath by the same his Prerogative, granted unto the Clergy, that which before time, by the common laws of his Empire, did not appertain unto them, and that therefore, as the common weal was governed, justice ministered, and laws executed in the King's Courts, by the Barons, before the time of this grant, by H. 2. without the aid, and assistance of clergy men, even so might the common weal at this day, be as well governed by the like government, without any help from any of them; as in deed and truth, the same in matters of policy and great state, these 24. years hath been wonderfully governed without them. For which of the Clergy men, since the Lord sealed up the eyes of Queen Mary, hath once set his foot within the Council Chamber door, to consult with the Nobility of matters of state? Which of them, hath carried any sway, or borne any stroke in the Star Chamber, otherwise then as the puny Baron there hath done? And if Archbish. and bish. may be spared in the Parliament house: yea, may not come into that assembly at all, whensoever any statute is to be made, touching felony, or treason, or the loss of any member, or shedding of any bloud● I see not but they may as well be spared in matters of possessions, and inheritances, and in other matters of state and policy whatsoever, and so much more rather in these then in the former, by how much more the life of man, is more precious, than all other earthly possessions or treasures: And by how much more, the taking away of the life of an innocent, is more audible, and heynons before the Lord, in case it be not done according to his word. In which matters, the divines are fittest to be consulted with, and whose counsels, are not to be omitted, lest life be taken away, where it is forbidden, or death take no place, where it is commanded. But be it so, that our B. may pretend their jurisdiction, in civil causes to be more ancient, then from the time of K. H. the second: yea, be it, that they may derive the same, from Edgar or Canutus, before the conquest: yet, because Canutus ordained that the B. of the Diocese should be present at the Courts of every shire, only to teach the people God's Law, as Edgar before him had appointed, the Sheriff to be present, at the assemblies, and Synods holden by the Clergy, twice a year, only to teach the same clergy man's Law, namely, the law of the Realm: They are not to boast of Antiquity for their jurisdiction in causes civil. They have been appointed long sithence to meet in deed in Civil Courts, but only to exercise the spiritual sword. But were it so that by the Laws of Edgar, and Canutus, they might seem to challenged, great regalities, dignities, and immunities: yet they know, that by the Laws of the first King and last King, of the most noble, most highest, and most holiest king, the king of all Kings, our Lord jesus Christ, whose vassals in word they profess themselves to be; they have no such enfranchisements granted unto them; yea, rather that they be precisely willed being ministers of the gospel, not to be called Lords, or to be dividers of inheritances. But we will go forward. For not only the decrees and ordinances before mentioned, against secular jurisdiction, and civil offices in Ecclesiastical men, have been made, and published by the B. of Rome, and his Legates or Messengers, for the regiment of his Clergy, a kind of people (as he saith) only to be governed by such positive laws, as proceed from his breast: Civil government, forbidden by the civil law to ecclesiastical men. But the Emperor also, by the Laws of his Empire, hath directly and absolutely, commanded the same. ALIUM AUTEM FIERI. etc. But we suffer not a Bishop or an elder in his own name, or in the name of his Church, or ministry, to be made a receiver, or gatherer of charges, belonging to the treasury, or to take to him either public or other men's possessions, or to be a steward of an house, or proctor in any cause of controversy, or yet to become a surety in any such causes, that by this occasion both no hurt be wrought against the churches, and that the ministries be not hindered. By w●ich Law, the Emperor we see, using the authority of an Emperor, and exercising his imperial power over the Clergy, within his dominions; and regarding the peace and quietness of the Church, and to keep the Clergy, as well as the residue of his people, in due obedience of his Laws, and within the compass of their calling: hath established these his own laws, for them, his own subjects, to be ruled, and governed by. Neither stayeth he himself in the prohibition of these offices alone, but proceedeth further & further with the like. De epis. & cler. Auth. presbiteroes. EPISCOPOS autem velmonachos tutelam alicuius personae subire non permittimus. And as touching Bishops or monks, we suffer them not to take on them, the oversight of any Orphan. And again, the Emperor justine, writing to Archelaus the chief of the praetory commanded thus. Cod. de epist. & cler. l. repentita. REPETITA PROMULGATIONE, non solum judices quorum libet etc. We repeating our Proclamations, think it good, not only that the judges of every tribunal or judgement seat, but that the governors of the churches of this excellent City amongst whom this most filthy kind of proving dead men's wills have crept in, before warned that they meddle not with a thing, which by the disposition of our Laws, appertain not in any wise to any other, then only to the Master of our revenues. For it is absurd: yea, rather an ignominy for Clergy men, to show themselves cunning of common Plead: And the transgressors of this ordinance, we deem shall be punished, with the loss of fifty pounds of Gould. The reason of which constitution may be drawn from another Law of the Emperor, wherein is prohibited the self same thing. QVI SUB. etc. We think that the deceit of these men, aught to be met with: who, under a pretence of being Deans or collegiat men, when they perform no such duty, endeavour by reason of other charges, to withdraw themselves, that none under colour of some one office, which he doth not execute, might be eased, of the weight and burden of an office, which by duty he should execute. And again, the same Emperor saith. Cod. de testa l. consulta divalia. Cod. de dona. l. in hac. & l. secundum diui. ff. de decurio l. severus. ff. de iure immunit l. semper. §. sina. ABSURDUM EST. etc. It is against all rhyme or reason, that offices should be mingled together without order or consideration, and that one man should catch a thing, committed to the credit of another man. And therefore in another Law, we find it written thus. Non est dubitandum, quin navicularii non debent decuriones creari: quia utrumque officium gerere non possunt. It is out of all doubt, that Shipmasters cannot be made Senators, or captains, because they cannot exercise both offices. Again, the Emperor still respecting the equity and reason of his former sentences and judgements, saith thus. PLACET nostrae clementiae ut nihil commune clerici, cum publicis actionibus vel ad curiam pertinentibus, cuius corpori non sunt annexi, habeant. It is our gracious pleasure, that clergy men have no communion, with public functions or belonging to the court, unto whose body they are not incorporated. And by this law saith the Gloss, clergy men can not be judges, advocates, or proctor's, in secular causes. And will you know then saith the same gloze, by what means Clergy men, have gotten into their hands, approbations of wills and Testaments? Glos. ibidem ver. competit. Quia modicum lucrum pro hiis dabatur, clerici cupidi hoc sibi usurpabant. Because a little gain was given for them, covetous clergy men have usurped them. l. hiis quidem. Cod. qui milit. non pos. lib. 12. l. 1. ff de colleg. illicit. Pride, ambition, covetousness, and usurpation, the beginning of civil jurisdiction in Clergy men. By the order and discipline of war, it is unlawful for one soldier to take the pay & wages, allowed for two soldiers. In societies of Cities and Towns corporate, and other houses of companies and fellowships, it is not lawful for one to be governor over two companies of divers crafts and mysteries. And again. Cod. de prox. sacro. scrut. lib. 12. l. hac part in fi. Cod. de assesso. l. fi. NULLO MODO, etc. Let them not in any wise take unto them double offices, or be written or enroled in two registers, heaping by that means upon one man, many commodities, and leaving nothing for the residue. Because Qui ad utrumque festinat, neutrum bene perag●t. He that hasteneth unto two things at once, can perform neither of them rightly, according to these proverbial verses. Qui binos lepores, una sectabitur hora; uno quandoque, quandoque carebit utroque He that in one instant a brace of hares will trail: Shall lose the one sometimes: sometimes them both shall fail. The reason why Bishops and Archdeacon's, exempt and disburden themselves from general hearing and determining causes of instance, and judgement of law, committing the same unto their Commissaries, and officials, Doctors of the civil law: I suppose to be, either for that themselves being ignorant of the law, are desirous to have justice, ministered by men skilful of the law, or else, that they having dispatched them selves of all outward care, touching the outward man, might be wholly dedicated to the trimming and decking of the inner man, not only touching themselves but others also committed to their charge. And if they for these respects, and to avoid ignominy and reproach shun the execution of law, properly (as they say) and altogether belonging unto them: what reason can they pretend, to take upon them the execution of the laws of this Realm, no whit pertinent to their callings, and whereof by all reason they are like to be more unskilful, then of their own Canons and constitutions? By which Canons they are not only forbidden as before, to exercise any Civil jurisdiction for other men, but also though the same concern their own servants. Extr. ne cler. vel monac. c. fi. lib. 6. QVOD SI EPISCOPUS, etc. If any Bishop have any temporal jurisdiction, he ought to commit the same to some lay man, that he may take punishment of all malefactors. Now if a bishop may not exercise his own temporal jurisdiction, descending unto him by lawful inheritance, or otherwise belonging unto him over his own Tenants, within his own franchisementes and liberties, in his own person, but aught to depute the same to an other; how much less may he lawfully exercise the Civil jurisdiction of an other man. Again. 88 distinc: c. epis. & conc. glos. lib. 6. de regu. iur. c. potest quis. EPISCOPUS TVITIONEM, etc. A bishop ought not to take upon himself, the defence, government, and charge of Widows and Orphans, and strangers, but he ought to dispatch these businesses, by some other chief Elder, or chief Deacon. But contrary to these Canons, laws, & principles, our Prelates not having so ruly, and stayed a will as were requisite, make a hodge-podge, of the Clergy and laity, a gallimaufry of magistracy and Ministry, and a mingle mangle of Pastors, and people: They turn cat in the pan (as we say) and maintain the tumbling of the office of a Minister, upon one of the people, and the office of one of the people upon the minister, so that by this their jumbling of offices together, there can be nothing but confusion and disorder, as well in their government, as in their judgement. Bishop's government in ecclesiastical causes being ●uill, that argueth the same in civil causes not to be good. For my part, if I as well knew their government in civil causes, where they may be in commission, might hereafter be good, as I am sure their judgement in Ecclesiastical policy: hath hitherto been nought: I would wish them, rather to be Magistrates in the common weal, than superintendentes in the Church. But because it may easily be conjectured, by the fact of the one, what the effect of the other would be; it is to be wished, that they still were barred from the first, having so shamefully abused the latter. For besides the manifest contempt and abuse of all laws positive, in force committed to their fidelities, whereof in the former treatises, mention hath been made; if a man shall peruse their advertisements, and their Canons set forth for due order in the public administration of Common prayer, and concerning certain offices of the Church, and certain duties belonging to those officers: he shall find, they have bestowed but little labour in making them, and less fidelity in executing them. For the advertisements, besides the preface, the whole Treatise is not five leaves and a half of Paper with the subscription of their names and all. In which five leaves, their is not any one thing mentioned and commanded to be done, but the same was either commanded by her majesties Injunctions in the first year of her highness reign, and therefore needless to be repeated again: Or else is translated out of some latin Canon, and so made an english article, (half an hours study for a bishop's Chappleine): Title. Articles for administrations of prayer & sacraments. Or else is directly against her majesties Injunctions, and therefore savoureth of supremacy: Or else is superstitious, and therefore smelleth of Popery: And so contrary to the commandment of the Lord. Her majesty by her injunctions commandeth every Dean, Archdeacon, Parson and Vicar, to preach in every of his cures by himself every month. 43. Injunction. And because none should be excused, as unable in this behalf, she hath commanded the bishops, that none utterly unlearned be admitted to any cure or spiritual charge: and she by her singular and excellent wisdom, accounteth him utterly unlearned, that could only read to say matins or Mass: but by the advertisements and Canons, the bishops pronounce it sufficient, that a Parson or Vicar preach once a quarter, and that not by himself, but by an other, and that one utterly unlearned (even as by her wisdom an unlearned man hath been adjudged) be admitted to the ministery, and afterwards sent to the Archdeacon, or his official to school, and to con his tasks of scripture, and to learn his Catechism. Again. Her majesty hath commanded every one to preach within his own cure without a licence: they command that none preach within his own cure except he have a licence under the bishop's seal. The article, that the minister shall wear a cope with gospeler and pisteler agreeably, smelleth rank of superstition, and as far as I can find both against her highness Injunctions, and besides the book of Common prayer. The book of the bishop's Canons is of somewhat a larger volume, it containeth 14. leaves, you must consider, the whole convocation had an oar in that Boat, it entreateth of Bishops, of Deans, of churches: of Archdeacon's: of chancellors, Commissaries and Officials, of church wardens: of Preachers: of residence: of Pluralities, of schoolmasters, and of Patrons of benefices. In the description of which offices, as it is manifest, they had but little regard to the word of God, so is it apparent also to every one learned in the Canon law, that for the most part they are translated thence, here a piece and there a piece, and all not worth their labour, because, if it be not against the laws of the Realm, or prejudicial to her highness prerogative, then is the same already confirmed by act of Parliament 25. Henry the 8. 25. Henry 8. c. 19 and if there be any thing in their said Canons, which is not thus translated out of the Canon law, whatsoever the same is, if it be good, then was the very same established before by her highness Injunctions. For, as touching the erection of new offices belonging to an Archdeacon, and the Bishop's Commissaries and officials, in teaching the ministers their Catechism, and hearing them say their lessons without book, and to take an account how they have profited in Scripture, I think if the prerogative of the convocation house were well searched and made known, it might not erect any new office, or promulgate any new Canon, without her majesties special consent first had and obtained thereunto. And I am sure, that neither by law, neither by custom, this office did ever belong to an Archdeacon, or his official, before the book of these Canons was published. Book of Canons and title of bishops. Touching the not making handy crafts men, and such as have no title to live by, to be ministers, and the not making any minister at any other time, but when it shall chance that some place of ministration is void, and that none be suffered to be occupied in the administration of the Church, that is called by the idle name of a Reader: Title residence. Or that is made a minister, under the age of four and twenty years, or understandeth not the Latin tongue, having no gifts of teaching, or the absence of the shepherd from the lords flock and divers other things, specified in the Bishop's Canons. If the translator had not been more faithful in his translation, than the Bish. in the execution, a mere English man, should never have known any such thing to have been written in the Latin Law: And therefore because NEMO negligens in re sua, presumitur diligens in re aliena. No man negligent in his own cause, can be presumed to become diligent in an other man's: I can gather no otherwise, then that there hath but little good, grown to the Common weal hitherto, by the bishops and Clergy men, in the Administration of Civil justice. And that therefore such as have written, or spoken, or preached against Civil jurisdiction, in the ecclesiastical state, have done it for two urgent and weighty considerations: Friends of reformation friends of the queen's majesties prerogative. First not to encounter her majesties prerogative, (as it is falsely supposed) but to teach their Lord and masters truth. They have not done it in disobedience to her crown, but in obedience to their God: They know it is better to obey God then men, and therefore they have laboured faithfully by the word of God, to persuade her majesty, and the estates of the Realm, that these offices ought not by the Law of God to be resiant in one person, and therefore hath exhorted her majesty and them, in the name and fear of God, to use her prerogative, and their authorities to the severing of them. Secondly they have preferred the general welfare and commodity of the common weal, before the unlawful honours and promotions of private men. They know by learning and have proved by experience what detriment may ensue to the Common weal, when offices are committed to men ignorant of such duties as belong unto their charge. A man that hath spent all the days of his life, in the study of Grammar or Oratory, and hath always taught the same, were a very unfit man at the age of threeschore years, to be made a public Keader in Physic or Law, and yet notwithstanding to remain a Schoolmaster still. Expedit reipublicae ut quisque officio suo fungatur. It is expedient for the Common weal, that every one execute his own office. And I am of opinion that the friends of reformation, are greater friends and maintainers, to and of her highness prerogative then the others be. For they ascribe unto her majesty, indeed, truth, and verity, that which the others do but in word, show, and semblance only: They earnestly desire and crave, that as her highness hath been anointed and Crowned, by the Lord himself, Queen and governess over them: and as she is their natural and only lawful Lady and Mistress: and as she hath the name title and style of supreme and chief ruler over all persons, & in all causes: So likewise the causes now accounted Ecclesiastical, being mere Civil, she might in deed, truth, and verity, have all and all manner of jurisdiction executed in her majesties own name, as well in Courts and judgements now reputed Ecclesiastical, as in other her majesties Courts temporal, whereby her Civil government might be more enlarged. Which thing the abettors of reformation perceive now to be otherwise. Forall summons, acts, proceedings, sentences, decrees, and judgements in all causes and controversies determinable, before Archbishops, Bishops, and Archdeacon's, are begun, continued and ended, in the Archbishops, bishops, Archdeacon's, their Commissaries or Officials, names, styles and dignities, without any relation or mention of authority given unto them, as proceeding from her majesty, than the which there can not seem any thing more prejudicial, to her state, Crown and dignity. For be it that they be created Archbishops and Bishops, by her highness, and invested into their seas at her Grace's commandment: yet this argueth no greater prerogative belonging unto her majesty over them, than such as she hath over her other subjects, whom she createth Barons, or dubbeth knights. But as concerning common and ordinary jurisdiction, in causes reputed Ecclesiastical, they have no letters patents from her majesty, conveying unto themas from her royal person, any power over her subjects, to hear and determine their causes in her highness name, and under her government: Only they execute such jurisdiction, as by popish constitutions, or popish customs, hath been heretofore annexed to their Archbishopprickes, bishoprics, and Archdeaconries', and that by an utter enemy to her royal person, state and government. B. L. to his colleague Commissioners. In so much that some of them by Letters hath signified unto their Colleague Commissioners, that common and ordinary authority in causes ecclesiastical chief, and almost only belong to themselves, and their officers: And that commissions from her majesty for reformation in matters ecclesiastical, grant only an extraordinary authority. And that therefore the said Commissioners have not to hear matters of instance, and such as require judgement of law, for that such causes belong only to themselves and their officers, whereby they have insinuated her majesty, to have no common or ordinary authority in causes ecclesiastical, as they themselves have. Whereas all other courts within her highness Empire, as leets, courts Baron, courts of regard, courts of Forests. (I leave to speak of her highness own Courts at Westminster) all liberties and franchises, all parks and free warrens, belonging to any of the Nobility, Gentry, or any City or borrow of this Realm, have ever had their beginnings and establishmentes, by the gracious favour of the Kings of this Realm, as from whose prerogative, such dignities and immunities ought frankly to proceed, and by whom only they have been granted: Only our Church governors challenge not their authority, as from her sacred seat of justice and princely throone, but they challenge their authority as a power belonging to their own seats, derived from an usurped and foreign power. 17. pag. ●. 28. Henry c. 16. The statute made, that every Archbishop and bishop of this realm, and of other the king's dominions may minister, use, and exercise all and every thing, and things, pertaining to the office or order of an Archbishop and bishop, with all tokens, ensigns, and ceremonies thereunto belonging, and that all Archdeacon's, and Deans, and other having offices, cures, and dignities spiritual, may by authority of this act, and not by virtue of any foreign power, or authority, administer, use, and exercise, all things appertaining to their dignities, offices, orders, cures, religions, fellowships, and may lawfully hereafter use, all tokens, ensigns and ceremonies, which they have been accustomed to use in times past, so it be not expressly, against the laws of God, and this Realm: This statute I say, having been the rule of our Archbishops and bishops consciences, for their gracings, there Lordings, there usheringes, their kneelinges, there tastings, their cupbearinges, and such like, improveth no whit any part of the force of the former assertions: but rather confirmeth, and fortifieth the same. First the statute having relation only to tokens, ensigns, and ceremonies accustomably administered, used, and exercised before the making of the statute; all which being Antichristian, and therefore expressly against the laws of God, are plainly by this statute abrogated, and therefore ought no more to be administered, used or exercised. For though the King, the peers, and commons at that time, not instructed in the unlawfulness of them, did not hold and repute them to be against the laws of God, and therefore did not specially abridge any particular rites, ensigns, and ceremonies, etc. yet now foras much as we are certainly informed, that they be altogether Antichristian, and therefore expressly against the word of God, we may and ought to urge the general intendment of the statute, generally to take them away. Secondly, were not the foresaid popish rites, ensigns, and ceremonies, Antichristian, and expressly against the laws of GOD, and therefore by this branch of the statute might be ministered, used and exercised; yet notwithstanding, it is manifest that the said rites, ensigns, and ceremonies, have not been appointed by the prerogative of any of the Kings of this Realm, but have been transferred from italy unto England, by a foreign and usurped power, and therefore by the second branch of the statute, as things authorised contrary to the Laws of the Realm, are not any more to be used, or exercised. In the time of King Henry the second, we have seen before, that this privilege was granted to Archbishops and Bishops, that they should hold their possessions of the King, as a Barony, and should be present in the kings courts, as other of his Barons. If in these days they did sit themselves in their own Consistories, and exercise government by the like authority, their Courts happily would not be so contemptible as they be, nor their judgement seats, so abused as they are. The people would be better quieted in those places: and offer less injury to the magistrate, than now they do. And therefore I conclude, that though her highness and the laws indirectly, and as it were alatere, tolerate these men to rule and govern, according to those foreign laws, whereof they have the execution: yet the more faithful and loyal every subject is, the more he should and doth contend, to have the whole and entire government of the Church and Common weal, directly, immediately, and absolutely to spring from her highness, as from the head and fountain under Christ, of all government to be executed amongst her subjects. In doing whereof, they shall dutifully and Christianly more and more maintain her prerogative. The Emperor forbidding Ecclesiastical men, to usurp Civil offices, lost no whit of his imperial prerogative over the subjects, yea rather, hereby he openly declared the magnificence of his Empire, and the absolute authority he had over them: and that as well by forbidding things not to be done, as by commanding things to be done. Enemies of reformation enemies unto her majesties prerogative. For though he spoiled them of unlawful pre-eminences, yet he enriched them with lawful liberties, I know not the inward intent and meaning of such as mislike to have civil government translated from Archbish. Bish. and Archdeacon's unto the civil magistrate. But if I may speak that which may shrewdly be suspected, they may seem to be greater enemies to her highness prerogative than others be. For though outwardly in words they seem to grant unto her all liberty in the disposition of civil offices (whereunto the others do likewise agree and condescend): yet they seem in deed to be loath she should draw the sword of her prerogative, & cut a sunder the chords of their consistories. They grant her authority to make themselves justices of peace, and ecclesiastical commissioners, and so wage law for her prerogative. An easy matter for them to stand in, & plausible to flesh and blood: their outward man delighteth with outward pomp and credit. But suppose the case stood between the Archb. Bish. and Archd. and her majesty for her prerogative in abolishing their jurisdiction, & translating the same to others; & that the matter were to be decided by the greatest part of their own voices, & that their voices were to be given in scrutiny, & not any ways to be known who had given his voice, with or against her prerogative in this case (I fear me) rather than their lordships should take the foil, they would lay her prerogative in the dust: self love would have a struck, and flesh and blood would be loath to lose any liberty. The history of Henry the fifth, and the Oration of Henry Chychuby, Archbishop of Caunterbury, made in the Parliament house, to alienate the King's mind, and to dissuade his Nobles, from the enterprise whereof he and they had consulted, touching the overthrow of irreligious houses, and to draw their endeavours to make war, and to levy an army against the French king, might be a forcible argument to any, to persuade himself the same thing in this case, though he had no other reason to induce him thereunto. But the uncivil entreaty of her highness own scholars elected by her gracious commandment from Westminster to her own Colleges in Cambridge and Oxenford, even by such as would seem in words to set up mighty propes under her prerogative, argueth manifestly the same thing. For otherwise her majesties scholars in all respects as well qualified as their own, and always elected half a year before their own, might once in the space of twenty four years, though not for their own sakes, yet for their honourable Lady and mistress sake, have received some more favourable entertainment and preferment in those houses then hitherto they have done. The masters of those houses would not have placed them next unto the screen, and set them next unto the Porters lodge as by elections unto fellowships in the one, & schoolerships in the other, they a long time have done. Whereas on the contrary side it is apparently known, that sometimes the Dean of Christ church in Oxenford, a great friend to reformation, and a man for his excellent knowledge and wisdom in government, singularly commended even by his enemies, in these small matters gave an apparent and rare example of his humble duty and loyalty unto her highness. For the reverent estimation he had, & carried of & unto her highness ordinance and institution, he placed a scholar sent thither by her majesties appointment, first and signior unto all those that were elected into the house at that time: he himself brought the same her scholar to his chamber, and placed him in a Chamber and study commonly appointed for the ancients of the house: all his own scholars were inferior unto hers, and placed beneath hers. Since the departure of which man, if the Audite or buttery books of that house were sought, you shall find her scholars names, written always in the latter end of the book, the last of forty, and placed after his scholar, whom her highness but the day before, had preferred to be a Deane or prebendary in that house. The Deans scholars they go and sit, and are placed foremost: the prebendaries in the midst, and hers hindermost: and if they were to go a procession, as in the time of popery, hers must go foremost, as unworthiest to go next to the cross. And because her majesty sometimes by her letters heretofore requested the Dean and chapter, to receive into her College such as she thought meet to be placed: Now forsooth, to prevent her bountifulness, and to take away all occasion from others to seek preferment in that house at her majesties hands, they of late have invented a new device, and practised a new trick, where they were by the order, and foundation of the house, bound yearly to make elections of such scholars as might presently at the time of the election be placed in the vacant rooms, they now either at one time choose a greater number of scholars for themselves, then are places vacant and so make but one election in two years, or else so soon as any place by the departure of any scholar is void, they forthwith in the name of the Dean or some prebendary chop an other in his room: by means whereof either her majesties letters are delayed unto the end of two years, or else remain altogether frustrated, so kind hearted these no Precisians, and these no Puritans have been, and so thankful they have showed themselves for their masterships, Deaneries and Prebendaries received at her majesties hands, by her gracious bounty and liberality. And therefore since they strive so eagerly for such trifles, and use such foul shifts, to shut her out of doors, and make her scholars packehorses, and set them at the Cartes tail, in her own Colleges: I think a man may guess twice, and yet not guess so nigh, as to guess that Clergy men, enemies to reformation, rather than they would lose their dignities, would, if it lay in their power, give her highness prerogative the Canuysadoe. They allow her majesty a royal power to shred green olive branches, but to root up old rotten dotterelles, they deny her any such authority: they can be contented her majesty should strip poor men clothed with sackcloth; but mighty men decked in scarelet she may not touch, or once look awry upon. No cause of the name of ecclesiastical court. Concerning the Courts and judgement seats of Archbishops, bishops, and Archdeacon's hitherto reputed and called Ecclesiastical Courts, I can see no reason in the world, why they should be any more so esteemed, taken or reputed, or why any matter, or cause, or suit, or controversy commenced in those places, should or ought to be called or counted Ecclesiastical. For though in times past, I mean in time of popery, they might probably and coullorably be so called, either for that Clergy men alone were judges, and exercised judgement in them: either for that such parties as between whom suits did depend, were for the most part mere church men: either for that all petitions, and actions made, and begun in those Courts, were for such matters and causes, as whereof church men, only by usurpation, challenged unto themselves the decision, and determination: yet now so it is, that all these reasons fail and are of no force. For with us at this day, though Archbishops, bishops, and Archdeacon's, be Clergy men, and chief amongst the ecclesiastical seat: yet notwithstanding Doctors of the Civil law, mere lay men (as they call them) and no whit beneficed, by privilege of Clergy, exercise all jurisdiction reputed Ecclesiastical in their consistories, and by the ordinances of the Realm, are made competent and lawful judges in these Courts. 25 Henrici. octui. Where one suit now dependeth, or these many years hath depended in the same Courts between Clergy men alone, one hundredth almost are and hath been depending between lay men alone: the causes themselves are all for the most part mere Civil, and belong only to the Civil court. Approbations and insinuations of wills and Testaments by express words, (as you have heard out of the Civil law), are absolutely prohibited unto Bishops, and all other Clergy men: And so consequently (for that, Appendices sequuntur principalis subiecti naturam) Accessories follow the nature of the principal subject. All causes of Legacies, bequests, Accounts, Inuentaries, Commissions of Orphans goods, and whatsoever else may be incident to any of those causes, are utterly forbidden. Causes of wrongful and injurious slanders, infamous Libels, and contumelious crimes, causes of contracts and marriages, causes of dowry and divorce, causes of filiation and legitimation of children, matters of Usury, and whatsoever appertaineth to the decision of these causes, are causes mere civil, and pertain to the civil magistrate: and therefore sithence Archbish. Bish. and Archdea. to disburden themselves, may lawfully commit the hearing of these causes from themselves, yea and very seldom or not at all, execute their jurisdictions by themselves, but continually and effectually do surrogate and depute Doctors, or Bachelors of the Civil law. What injury to their persons, or alteration of the state and government can it be, in case her majesty by her prerotive, did commit the same causes unto the same men, and make the bishop's men, her men, and their commissaries, her presidents? Touching matters of tith it is lawful for the chief justice of the king's bench, where any usage or custom by any party is pretended, to pay less than the whole tith, as suppose the twentieth or fort part of his tithes: Yea in some cases, where no tith at all is paid (as upon the statute of tith wood being timber trees above twenty years groweth) to prohibit in her majesties name, every judge ecclesiastical, that he proceed not to the determination of any such cause, and so to take unto himself the hearing and determination of the same according to the common laws of her highness realm. There is small diversity of reason, why the same, or some other Civil magistrate, may not as well hear and determine all and singular causes of tithes, after what manner or form soever they be paid, as whereby long continuance of time, they have been customably paid after such and such sort, or where no payment at all hath been made. In the second or third instance, when appeal is made from an Archbishop, Bishop, or Archdeacon into her highness high Court of Chancery or Delegates in any case whatsoever, her majesty by the prerogative of her Crown and dignity, hath absolute power to appoint such men, to set a final end, and ordinate direction therein, as by their wisdoms shall be thought consonant to equity, right and good conscience. There is no disparity of reason, why in the first instance, she may not as well have like authority, or why like authority, from her, or by her Majesty, may not lawfully be committed to any of her subjects, though no ecclesiastical persons, but only secular and lay men. Neither by this means should the course of Law touching appeals be taken away, but the same might be still practised, as now it is. In the provinces belonging to the Roman Empire, though precedents and Proconsulles, had their Commissions from the Emperor, yet appeals were notwithstanding made from those Governors unto the Consistories and tribunal Seats, of the Emperors imperial City of resyaunce and chief abode. And therefore though the governments (now reputed Ecclesiastical, but in truth Civil) were absolutely translated from Ecclesiastical men, and put into the hands of lay men; (as in truth it is already executed by lay men) yet the Courts of Arches and Audience, and the Court of Delegates might remain and continue still: and as they ought indeed, so they might in word, as well and better to, be called, the Queen's Courts of Arches and Audience, as the Archbysh. of Canterbury's Courts of Arches and Audience. As convenient for the Doctors to attend upon the Queen as upon the Archbysh. And as good a sight it were, & as dutiful a part, for my masters & Doctoures of the Civil Law, in their Scarlet robes to attend upon her majesties royal person, in case she passed through Paul's, as to attend upon their lords grace his person. And as touching every other Consistory, now called the Bpshoppes or Archdeacon's Consistory, for avoiding of confusion and many judgement seats, if they were united and reduced in every Shire, or every Diocese to one consistory, it might likewise have the name of the Queen's consistory, and the Courts be called, the Queen's civil Courts: as, wherein according to the natures and qualities of the causes before specified, Civil justice might be ministered, and the Popish ecclesiastical Law abandoned, and as a froth or filth, be spewed out of the Common Weal. Her highness can not more gratify the Pope, then by executing his law. For assuredly by no means can her Majesty so much gratify her capital enemy, as by authorizing and practising his Laws: nor by no means can she more honour the Lord, then utterly to abandon all semblance of any government, proceeding from an enemy and Traitor to his Majesty. Neither were it a Dodkin matter, (so little is his Law worth) in her state and government, to have all Books of her enemies Laws, laid on a heap in Smithfielde, and sacrificed in Fire unto the Lord: her own common and statute Laws, the Civil Law for the exellencye thereof, received among all Nations, and certain provincial Constitutions made heretofore, at her Ancestors commandment, have for the most part already, and where need is, speedily may have sufficient matter in them for the gonernment of the Church and Common weal, without any help from the Laws of the enemy of the church and Common weal. Instit. de iur. natu. genti & civi § sed & quod. The Law of a King is, as it were the mouth of a King, for that he always speaketh by his Law. And if we suffer the Pope to speak amongst us as a King, do we not honour him as a King? If we embrace his power, do we banish his person? If you say that they be not executed as his Laws, but as ours. I ask you again? why should they at all be executed as ours? For in truth they do less good unto us, than an Herb-Iohn doth (as is said) in the Pottage: for that Herb doth neither good nor harm. But these Laws do annoy us wonderfully, and they do us no manner of good at all. They are altogether needless, they are altogether Bootless, I would to GOD they were altogether footelesse too. For touching the government of the Church, we have first the perfect and altogether righteous Law of God to rule the same by: secondly, we have her majesties Injunctions, the common and Statute Laws of the Realm, and the provincial constitutions containing in effect, whatsoever ought in any case by any subject, to be practised within this Realm. Touching the administration of justice in any civil cause before mentioned, and whereof practice is made in the ecclesiastical Court, there is nothing good in the whole body of the Canon Law, concerning the same, but the same hath been culled out of the Civil Law, it is but an Epitome of the Civil Law. The rules of the Cannon Law, are for the most part, rules taken out of the Civil Law: only there is this difference, that by the Cannon Law, a man in some case, shall not in his whole life time get an end of his suit (as these parties that had a cause depending in the Pope's Court twenty four years, and yet in all that space, Lis non erat contestata, an issue could not be joined) whereas by Civil Law, a cause in the first instance ought to be finished within three years at the utmost, or else the Agent becometh non suit. And if upon cause the matter be appealed after definitive sentence, the same cause of appeal, ought ordinarily to be ended within one year, or upon some just cause extaordinarily happening within two years. Otherwise the appeal is frustrate, so that in both instances five years only must be spent in suit of law. And now what reason is there, that the Canon Law should be still canonised amongst us? when it was ordained, that none should proceed in any university doctor of the Canon law. I think the meaning of the ordinance chiefly was, that leaving no hope of preferment to the professors thereof (the thing being of itself so vile) they should lose no labour in the study thereof. But I will conclude, that in as much, as by the Canons, Constitutions, ordinances and synodalles provincial, made before the 25. year of Henrye the eight, Byshpos and all other Clergy men are forbidden, to be viscounts, presidents, justices, Stewards, Bailiffs, governors of Villadges, judges, Advocates, Assessors, Tutors, Guardians, Overseers, runagates to secular Courts, farmers of temporal possessions, receivers of revenues, present in any place, where mention of any process or judgement is to be awarded against any man, to the shedding of blood: And in as much as they are commanded to apply themselves wholly to Prayer and supplication, and not to neglect their office, and to entangle themselves with worldly business: And for as much also, as the Emperor hath upon substantial reasons and principles, inhibited the Clergy under his Dominions the like offices, to the end there might be no confusion of government, nor mingling of offices, nor justice unministred, nor one to defraud another: and for as much also that such Canons, Constitutions, ordinances, and synodalles provincial before specified, be not contrariant nor repugnant, to the Laws, Statutes, and Customs of this Realm, nor to the damage or hurt of the Queen's Prerogative royal, but rather for the establishment of the same, the same Canons, being both founded upon the Law of God, whereby her prerogative standeth, and is upholden: and confirmed by the Laws of reason and nature, and also ratified by the consent of Emperors and nations, that therefore these Canons, constitutions, ordinances, and synodals provincial ought to be used and executed as they were before the making of the Act 25. Henry the eight, and that therefore it is unlawful for Archbishops, bishops, or any Clergy men to bear any civil office in the common wealth. If any except, that before 25. of Henry the 8. bishops and Clergy men did use and execute those offices, and that therefore these Canons were not then in use and executed, and therefore not in use now, or to be executed now. I reply, that what bishop or Clergy man soever, did before the 25. H. 8. use or execute any such office forbidden, as whereof mention hath been made before: the same bish. or Clergy man had some special dispensation, faculty, or licence from the Pope so to do, and that therefore the conclusion remaineth still firm. For the statute hath not relation to the particular exemptions and immunities of certain privileged persons in this case, more than it hath to the residue of the whole body of the canon law, wherein is nothing generally forbidden, but dispensations were grante● from Rome at that time to the contrary, and so if the exception were good, we should have no ecclesiastical law at all in force, because from the observation of every general law, some at that time were exempted by dispensation. If it be answered again, that as the pope did gratify his clergy, so her Majesty doth gratify her clergy by dispensation: herein he most strongly confirmeth mine assertion, that bishops & clergy men, by common right, may use no civil juridiction. For whatsoever is lawful by privilege or dispensation only, the same is unlawful by common right. ❧ Unlawful to ordain a Minister without a Title. Extra. de prebend. c. non licet. NON LICET VLLI EPISCOPO. etc. It is not lawful for any By. to ordain clerk, and not to give them whereon they may live: but let him choose one of these twain, either let him make no clerk at all, or, if he make any, let him give them whereon they may live. Again. Extra. de prebend. c. episcop. EPISCOPUS SI ALIQVEM. etc. If a Bishop shall ordain any, either Deacon or Minister, not having a certain title, whereby he may receive things necessary for this life, unless the party so ordained, have some inheritance of his own, for the maintenance of this life: Let the Bishop so long minister unto him things necessary, until he may assign unto him in some Church, a convenient stipend, for his Clearkly warfare. And it is intended here saith the gloss, that one may then be ordained without any title, when as he hath whereby to live. Again. Extra. de prebend. c. tuis. Unto thy demands we answer thus, that thou mayest promote unto higher orders, clerk placed in inferior orders, in case they have of their own patrimony, whereby they may be commodiously relieved, although they have not obtained any Ecclesiastical benefice at all. But if the Patrimony should decay by sudden misadventure, or overflowing of Waters, it seemeth sufficient, that the bish. should provide for them in some Ecclesiastical benefice, because since they may not return again into the world, their poverty might redound unto the discredit of the clergy. Again. Extra de aeta. & qual. c. accepimus. ACCEPIMUS TE. etc. We understand by thy report, that certain clerk promoted unto holy orders without a Title molest thee, about the obtaining of certain benefices. Although therefore in the ordination of clerk, thou and thy predecessors ought to have had that diligence, that by you, unmeet men should not have been ordained, and therefore after their ordination, thou canst not pretend any exception against them, unless after their promotion they have made themselves unworthy: yet notwithstanding, when it behoou●h us to write for such, we, for a cautle cause, to be put in our letters, decree, that if the ordained for whom we writ be reputed fit, & not unworthy an Ecclesiastical benefice: that a competent Benefice be given unto him, either by the ordeynor, or his successor. Whereas, if we would deal straightly by Law with thee, we could worthily compel thee to the provision of those, whom it is manifest to have been ordained by thee or thy predecessors: Especially, in as much as thou oughtest to repute those meet to receive an Ecclesiastical benefice, whom thou haste admitted unto orders. Again. Extra. de prebend c. cum secundum. cum SECUNDUM APOSTOLUM. etc. Sithence according unto the Apostle he that serveth the Altar ought to live of the Altar, and that he, that is elected unto a burden ought not to be rejected from the reward: it is evident by the like, as reason itself persuadeth us, that Cleaerkes ought to live of the patrimony of jesus Christ, unto whose service they are deputed. For, in as much as clerk are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which is Sors, a Lot or Inheritance of the Lord or in as much as they attain an inheritance in him, that they may truly sing with the Prophet. The Lord is the part of of mine inheritance; it is meet that they be relieved with the stipends of the Church, in the which and by the which, they are appointed unto holy services. And although our predecessors to the shame of the ordeinors, would the ordinations of such as were promoted without any certain Title, to be frustrate and void: yet we, desirous to deal more favourably, will the ordained so long to be provided for, by the ordeynours or their successors, until by their means they shall obtain some Ecclesiastical Benefices. And therefore inasmuch as I the bearer hereof, was by the presentment of none, promoted by thy predecessor unto subdeaconship: we command that if they, unto whom we have committed his examination shall find him fit, thou being lawfully cited to propose either by thyself, or by thy lawful proctor, whatsoever thou thinkest reasonably to be proposed, touching aswell the aptness of his person, as the quantity or quality of a Benefice, thou so long minister unto him things necessary for the maintenance of his life, until he shall obtain by thee in the Church of Zamoran, or soms other Church, an Ecclesiastical benefice. Again. Lib. 6. de. prebend. c. epis. If the Bishop unto whom without express mention of any person, thou haste generally committed in thy steed, to give orders in such a diocese, shall promote any not having a title unto holy orders, he himself (seeing he was in fault by ordaining such a one) shall be bound to minister unto him all things necessary for this life, until by him or some other he be provided for, in some competent benefice. But unto whom licence is given by the diocesans to be promoted unto holy orders, of whatsoever Bishop they will: in this case not the ordeinors, but they who give licence, (because they ought not to give licence to one not having a Title) if they have no Title, are bound unto the premises. If any advocate for any Bishop shall aver the Bishops, generally to have regard unto these and such like Canons, in as much as they admit none unto holy orders, unless he be presented by some lay men, and have some special deed or grant in writing for some annual rent or pension, payable unto him, in case afterward, he languishing with some incurable disease, or otherwise visited, shall not be able to execute his ministry duly: I answer, that that is not sufficient, because any such pension is not payable, unless the party presented be made unfit to serve in the ministry. And that therefore as this aught to be done, so the other ought not to be left undone: For the Law in two respects, and for two considerations, requireth both the one and the other to be done. First the Law willeth every one admitted unto orders, to have for his present mayntainance and relief in the ministry, some true, lawful, and certain title, in and unto some ecclesiastical benefice. As both the law itself in these words; (some Church stipends of clerkly warfare: an ecclesiastical benefice: in an ecclesiastical benefice: ecclesiastical benefices: a competent benefice) Glos. dict. c. epis. verse .. titulo. & also the gloss & other expositors, do manifest & define a title, to mean some ecclesiastical benefice. Secondly, the law requireth, that every one admitted unto orders, having for his present relief, some ecclesiastical benefice, should also have some other title unto some annual rent or pension, whereby he might be relieved, in case he were not able, through infirmity, sickness, or other lawful impediment, to execute his ecclesiastical office and function. The reason whereof is this, Extra. de. renuncia. c. ad supplicationem. Adevitandum vituperium ministerii: To avoid the obloquy of the ministry. Both which kind of titles, the bishops, themselves by there canons of discipline, published. 1571. have what in them lay, against themselves, ratified and confirmed. Touching the first: the bishop (say they) shall lay his hands on none at any other time, but when it shall chance that some place of ministration is void in the same Diocese. And if some place of ministration (as they say) must be void before a Bishop may lay his hands upon any, then must the party (say I) to be ordained, have some place of administration committed unto him, and so then some present provision made for him in the ministry: namely, some ecclesiastical benefice, whereby (I say) an uncertain, unlawful, and feigned title, unto some stipendiary curatship only, is not meant: but such a certain, lawful and true title in deed, as whereby he might be able continually, conveniently, and decently without gadding to & fro, or without any obloquy or reproach unto the ministry, provide things necessary for the mayntainance of himself, and his family. And as it is flat against the Law of the Lord, that any should be admitted unto the ministry, not able to do the message of the Lord: so is it also expressly against the laws of our government, that any should be made a minister, to serve only as a stipendary Curate. Neither did the synagogue of Rome ever admit any such office by their canons, only by popish customs, through negligence of popish Prelates, such disorders & abuses have crept into the same. Touching the second kind of Title before mentioned, the Bishop (saith our ecclesiastical synod) 1571. shall lay his hands on none henceforward, but on such as have some title (as they call it) whereby he may live if by God his sufferance he become blind, or fall into grievous sickness of the body, or into a continual languishing disease. And therefore out of these decrees and the former act of Parliament. I conclude thus. 1 All decrees, canons, constitutions, and synodalles provincial, not contrariant or repugnant to the laws of the realm, nor derogatory to her highness prerogative, that were in force. 25. of Henry 8. are by the statute of Primo Eliza. now in force. 2 But all the decrees, canons, constitutions and sydalles provincial, before specified (excepting the Canons made 1571. were in force, 25. of H. 8. and are not contrariaunte or repugnant to the Laws of the Realm, nor derogatory to her highness prerogative. 3 Therefore these former decrees are now in force. And if so, than our Bishops by the same Canon's compellable to provide a present, a certain, and a competent stipend for every such Minister and Deacon, as whom, not having any convenient ecclesiastical Benefice or place of Administration, either they or their predecessors have, contrary to the old and their own new Canons, made and ordained, or hereafter shall make and ordain a Minister or Deacon. FOr were it so, that the Predecessors of our bish. deceased, were only culpable herein: yet notwithstanding our bish. now living are in this case answerable for their successors default. Extra. de prebend. cum secundum. Panor. in. c. vlt. de aetat. & qualit. nu. 1. Glos. lib. 6. de preb. c. si episc. verse. ad premissa. Extra. de for. comp. c. penult. ff. de transac. l. cum Hii. Huius provisionis obligatio transit ad successorem. The band of this provision passeth unto the successor, and is liable against him. Ordinatus ad sacros sine titulo acquirit sola ordinatione contra ordinatorem, obligationem, ut eum compellat ad providendum de beneficio. And this rule is so certain and unfallible, as in case a Clerk ordained unto holy orders without a Title, promise the By. that he will not molest him touching the same, that yet the same Clerk notwithstanding any such disclaim, may bring his action against the bish. and recover either an Ecclesiastical benefice, or sufficient maintenance out of his revenues. For this right, is Ius publicum, & may not be remitted. It is also a right, whereby relief is provided for maintenance of life: but Alimenta, pacto alimentarii non tolluntur: Nonrishments are not taken away by a covenant of him that is to be nourished, to the end the common Treasury, or common weal be not consumed or burdened, with extraordinary and unlawful impositins. And again. Eztra. de simo. c. penult. If any shall ordain or present one unto orders, taking of him an oath, that he will not disquiet him about his provision, let the ordaynor and presenter know, that the ordaynor from conferring again, the presenter from the execution of his orders, is suspended for the space of three years. And beside, let the ordained understand himself to be suspended from his office so received, until he shall deserve to be restored by the Apostolic sea. The reason whereof is this, namely, because every such oath is luramentum turpe, a filthy oath, and therefore not obligatory, and being the accessory, no more available than the principal. Neither may it serve for any excuse unto a bishop, that the party ordained, affirm himself to be contented with some small title or portion bestowed upon him, in case the said title be not in deed sufficient for the maintenance of his necessity. Extra. de simo. c. penult. Quia precavendum est indecentiae clericali, item huiusmodi renunciatio expressam simoniam induceret, Because the undecency of clerk is to be foreseen, also such a disclaim should induce manifest simony. Moreover if a bishop ordain a Clerk, and bestow upon him a competent benefice, which afterwards is evicted from him, in this case also the bishop after the said eviction, is bound to relieve the said Clerk, until he have provided him such a benefice as is not recoverable from him, both to the end no collusion between the bishop and the Clerk should be used, and also because the bishop should warily and wisely have foreseen the first title to have been sure and good. ❧ The manner of Archbishops, bishops, and Archdeacon's visitations, and what procurations are due for the same. FIrst, visitations (saith the Canon law) Extra. de cens. c. cum venerabili. were instituted Causa correctionis; for cause of reformation; and therefore it is certain (saith the Gloss) Glos ibid. ver. bis in anno. in the same chapter, if the visitor be certain that the Church need no visitation, he ought not to visit the same: because the cause ceasing, the effect should cease. Secondly, because visitations were ordained to the intent a Church destitute of spiritual things, might have spiritual things ministered unto her; 10. q. 2. precarie. and for that by common intent of law. Eztr. de prescrip. c. cum ex. Nemo tenetur beneficium facere de preprio, vel propriis stiperdiis militare. No man is bound to do a benefit upon his own charge, or to go a warfare upon his own costs; Therefore in these respects, and upon these causes procurations were annexed to visitations, as certain proper and peculiar stipends due unto visitors, touching their necessary charges and expenses, to be spent in and about the same. Glos. lib. 6. de censib. c. faelicis ver. manebit. And to the intent no poor Church, by over great costs to be expended for the procuration of a visitor, should be damnified, therefore a sober and moderate procuration was at the first generally commanded, and is now specially rated to a certain small value. And again, least the Bishop might inconsiderately, and for lucre sake, visit a whole City or Diocese in one day, and so not only without reason receive so many procurations, as there were Churches, but also invert the natural order of the policy of the Church, making the accessary, (namely the procuration) greater then the principal, (namely the visitation) a due and equal order was taken, that the visitor should satisfy himself with one procuration for one day: and that the number of procurations should not exceed the number of days spent in visitation. In which visitation the ordinary is precisely willed to go present in proper person unto the Church to be visited; and may not by common right commit his office unto any other, unless he be diseased, or having many places about one time to visit, could not, either in time of winter, by reason of snows or inundations of waters, or in time of war, by reason of peril and danger of the enemy, commodiously resort unto every Church. Which natural intent, and true meaning of the law, is evidently by these words so often repeated. viz. Personally exercise: personally visited: personally searching by himself with effect: personal visitation: If he can not commodiously, or without difficulty come unto every one; Upon which word Accedere, saith the gloss, Patet ergo quod ire tenetur, nec sufficit ad suam ecclesiam vocare. It appeareth therefore, that he is bound to go, neither is it sufficient for him to call to his own church. Neither doth the alteration of procurations from money unto victuals, or from victuals unto money, altar the nature of the first institution of procurations. For as at the first it was ordained, that the visitor and his retinue, for the day where in he visited, should have a moderate diet in victuals, provided at the charge of the church to be visited: So was it never intended by any alteration, that he should receive twenty or forty days diet in money, for visiting twenty or forty churches, at one place in one day. Lib. 6. de cens. c 1 § procurationes. & lib. 6. cod. c. exigit. But as a visitor, by the first institution of procurations, was to have had his diet in victuals, only for one day: so was he by later decrees to receive so much money, as was sufficient for one days diet only. Lib. 6. de cens c faelicis. Which is apparent by the decree of john Stratford, Archbish. of Canterbury, particularly and of purpose ordained against the Bishop and Archdeacon of his province. For (saith he) though the Bishop visit many Churches in one day, yet he shall have but one procuration; whether the same be in money or victual, whereunto all the Churches so visited, shall proportionally contribute. extravag commu. de censib. c. 1. Which procuration for a bishops substitute is limited by a decree of Bennet the 12. not to exceed the value of fourscore Turons of silver, every 12. Turons making one florin of pure Gold, of an acune florentine, according to our english estimate, not amounting in coin above the sum of five shillings at the utmost. So that the whole procuration for one day, to be received by a bishops substitute, of all Churches called together, aught to be at the utmost, but thirty five shillings: the whole procuration of an Archdeacon's substitute, for one days diet, ought not to exceed the some of 12. Shillings 6. pence, though either of them should call 50. or an 100 Churches together into one place in one day. In like manner, if the bishop personally, visit by himself, then is he to have for his own and his retinues diet, about five marks only: and in case the Archdeacon visit personnally, then is he to receive about twenty shillings only. Which procuration limited unto the Archdeacon by the decree of Bennet, seemeth to be mitigated by a provincial constitution in Lindewood, whereby an Archdeacon is allowed towards one days diet for himself and his servitors, but 40. pence. Which sum (saith the gloss) Sufficere videtur pro quatuor personis, & totidem equis cum uno summario, seemeth to suffice, for four persons, and so many horses with one sumner. Which diet is to be understood for one day natural, containing 24. hours. Wherefore I conclude, that neither a bish. nor a bishops Commissary: that neither an Archdeacon, nor Archdeacon's official may at any time visit for lucre or gain: that he may only visit then and there, when and where he knoweth just cause of reformation; that he may not take an excessive but a moderate procuration: that neither he, nor any of his retinue may take a reward: that he may not reap earthly things, unless he sow spiritual things: that he may not (except upon urgent necessity) visit more churches than one, in one day: that he may take but one provision for one day: that he may not take any procuration at all, unless he diligently perform the office of a visitor: And lastly, that Archb. B. & Arched, ought personally to visit, unless by Privilege they be specially exempted. By which exemption, they have only this liberty, that the Archb. By, & Archd. substitute, may take so much allowances of the churches visited, as they may reasonnably spend in one day, & that their substitutes may not purse up, or carry any treasure away, as by the decree of Bennet before alleged is evident. For the same decree alloweth no more to the Archb. B. & Archd. nor their substitutes, than so much as they may well spend in one day for there diet, and other necessary charges. Concerning which privilege, granted by the Canon of Bennet the 12. exempting Archbysh. and bish. from necessity of personal visitation, and licensing them to visit by others, in as much as the said Canon, being contrariant or repugnant to the Laws, Statutes, and Customs of the Realm, or derogatory to her highness prerogative royal, is not therefore authorized, but rather abrogated by act of Parliament: I answer, that the said privilege, is now a void privilege, having no law, cannon, constitution or sinodall provincial to justify the same. For, whether a bull, brief or any faculty granted unto any subject of this realm from the sea of Rome, in the time of Queen Mary or else, when for the enjoying many benefices, or being nonsident, and such like, be pleydable in any her highness courts, or allowable within any her dominions, the case argued not long since, at the bar of common pleas between M. Sergeant Fleetewood, and M. Sergeant Wameslowe, and passed by the judgement of the whole Court against Wameslow, arguing for the validity of a Bull from Rome, doth prove the contrary. Wherefore unless our Prelates will rashly incur, the penalty of her highness Laws enacted against abetters of foreign jurisdiction, they are well and warily to be advised, not to stick unto any privilege heretofore granted by any Cannon, from any Pope for the exaction of procurations, due unto their substitutes, the same Cannon as prejudicial to the Queen's prerogative royal, being abrogated: yea, they are soberly and in good discretion, to use the benefit of common right alone, and only to practise such canons, as are in force, by the former act of Parliament: namely, personally to visit in manner & form before described. For if they shall hereafter upon the knowledge of these things, unadvisedly attempt any thing unto the contrary, her majesty may be rightly moved to exasperate the matter, and to have her sword whetted against such contempts. For though by such kind of visitation, as is prescribed by common right, some poor Archd. perhaps having their subsidies, & tenths, valued according to the rate of their procurations, might not be able, to satisfy her majesties said tenths & subsidies: yet, not only the revenues of fat Archb. B. & Archdeconries' could be no impediment hereunto (For that they have either lands personages, & prebends, to supply all such wants) but also, her majesty by seizing some yearly portion of the said procurations into her own hands, might, for the maintenance of her royal state, both have the revenues of her treasury greatly increased & also the whole ministry, from unlawful exactions, lawfully released. Every minister would more freely no doubt, in consideration of the singular peace he enjoyeth under her Majesty, yield unto her majesty, a voluntary contribution of the one half of such procurations as now are yearly payable unto a Bishop or Archdeacon, rather than to pay the whole procurations unto the said B. or Archdeacon, under whom, and by whom, and with whom, he is at continual War. And so where her majesty receiveth now yearly, for an Archdeaconrye, valued at 40. pounds, but 4. pound by year for tenths, her majesty may well receive 20. pound even four times so much as at this present, is due: yea, & where her majesty receiveth the first fruits of an Archdeaconry, but once in the time of a man's life, the ministry no doubt to be disburdened of bish. and Archdeacon's untolerable visitations, will in steed thereof cheerfully at the end of every ten years, yield unto her Majesty in steed of the said first fruits, the whole procurations now due unto the said bish. and Archdeacon's, the one may hereafter lawfully be yielded: the other hath been heretofore unlawfully exacted, as appeareth by the Conon's following. Extra. de. censib. c cum venerabili. Li●. 6. de censib. c. 1. §. procurationes. Lib 6. de censib. c. exigit. We decree that the Bishop, when he shall come to any church for cause of reformation, take of the same Church a moderate procuration. And let him receive such a provision, as is appointed in the Canons. But neither he himself, nor any of his family, by means of any office or custom, or by any other means whatsoever, may receive any money, in the name of any procuration and provision: only let them receive moderate expenses in victuals. etc. that he may not seem to seek his own, but those things which are jesus Christ's. And if any thing repugnant unto this decree shall be attempted; let him that receiveth it, be holden accursed: from the which, let him not at any time be absolved, unless he restore the double. Lib. 6. censi. c. faelicis. But because experience teacheth us, that by this means many inconvenience happen, as well unto the persons visiting, as unto the places and Churches visited, we grant that patriarchs Archb. B. & other unto whom the office to visit belongeth, may of such governors or persons of places visited, as are willing to disburce money, lawfully receive the same for their moderate charges of victual to be spent in those days, wherein they shall personally visit. Adding moreover that the visitor whether he shall visit one place alone, or many places, shall not lawfully receive any more than one procuration for one day, although every place visited by him were able to pay one whole procuration; in as much as it ought to suffice him, to receive temporal things of the places personally visited, for those days wherein he ministereth unto them spiriival things. For many procurations may not (saith Pope Clement) Clement de censib c. ad nostrum. be received for one day, the office of visiting not performed. Lib 6. de office ord. si. episcopus. Neither may or ought a Bishop that doth not personally visit, exact by his substitute or deputy any thing at all of those whom he by his substitute or deputy shall so visit. Lib. 6. decens. c. 1. §. 1. & §. deinde. If commodiously or without difficulty, he cannot come unto every church, let him call the clergy & laity from many places, unto one convenient place: & then let him freely visiting the clergy and people, only receive procuration of the places visited. Lind. de. censib. c. 1. in fin. Moreover, we straightly inhibit the Archd. that they receive by no means, procurations without a reasonable cause, & only for that day, wherein they personally visit a Church, able to provide for them: neither let them presume to extort any thing for the redemption of their visitation: for every ordinary (saith the gloss upon the word (Personaliter) that by office may visit, is bound personally to visit. And we also ordain (saith Otho) Otho. de procu & visit. Archid. c. vnic. concerning Archd. that they profitably, personally and faithfully, visit there churches, and let them not charge the churches with superfluous expenses, but only receive moderate expenses, whilst they visit. Octobone de procu. quae &. rati etc. unit. The very orderly disposition of nature giveth seed unto the sour, and multiplieth unto the labourer the fruit of his labour. And again, no man doubteth, but that it is both absurd ad unlawful for any man to reap where he soweth not, or to gather where he straweth not: From out of the equity of these principles, holy Canons have provided, that, that Church that admitteth a visitation concerning the wholesome disposition of the temporal and spiritual goods thereof, ought also to exhibit a procuration ordained for the visitor. But whereas by means of a visitation any procuration is due, if the same means ceasing, any thing be exacted or received, the same undergoeth the name of a thing evilly received, and not due. Since therefore we understood that many Prelates do exact procurations of their subjects, though they do not visit: we more advisedly, providing, as well for the in demnity of Churches, as the welfare of Prelates, straightly prohibit, that none among them, receive any procuration due by means of visitation from any Church, unless they personally visit the same Church. And if any shall receive any thing otherwise, let him know that he is suspended from coming unto the Church, until he have restored the same, least in their visitations they should seem rather to gape after gain, then either to preserve the state of the Churches, or to seek the salvation of the souls of the people. Moreover we decree sentences of excommunication, suspension, & interdiction, pronounced by occasion hereof, by mere law itself, to be no sentences at all. Lind. de censib. c. quamuis. Lastly, john Stratford, Archbishop of Caunterbury, by authority of this present counsel inhihited, that no man presume to receive of any Church, any procuration to be paid by means of visitation, unless he diligently perform the office of visiting, with effect searching and trying personally by himself those things that are to be found out and tried. And if any would visit many Churches in one day, let him be content with one days procuration in victuals or money: unto which procuration, let him cause all and singular Churches so visited in one day, proportionably contribute as the Canons ordain. ❧ FEES FOR Letters of orders unlawful. Extra. de simo. c. in tantum. cum VERO EXPRESIUS, etc. But sithence he doth most evidently express a kind of sale, who first receiveth a price, and then bestoweth a precious thing; And sithence also grace ought freely to be granted, we command that you correct such excesses, restraining your suffragans and their Officials from so unlawful an exaction, that the fault of others proceeding from your negligence, be not imputed unto you for a punishment. Moreover, study and take heed, thou abolish out of thy province that evil custom, whereby Archdeacon's require a mark of silver: and other inferior officers, either a white Cow, or some certain piece of money to be paid unto them. Extra. de simo. c. cum in ecclesiae. HORRIBILE NIMIS. etc. It is too too horrible, that venality is said to have place in certain churches, so that for placing of bishops or Abbots, or any other Ecclesiastical persons in their seats; or for inducting ministers into the church, and also for burials and funerals of the dead etc. somewhat be required. But many suppose this to be lawful because they think custom to have a long time prevailed, not considering that by so much more heinous are the offences, by how much longer, they have their unhappy souls, infected. Therefore we straightly forbidden, that these things be not done hereafter: or that any thing be exacted for placing men in their seats, or instituting priests etc. And if any man shall presume, to do contrary hereunto, let him know himself to have a portion with Gehesi. Extra. de simo. c. j Sicut non debet Episcopus, etc. As the Bishop in the ordination of a Clerk, oughe not to sell his hand which he imposeth: so ought not the notary or other Minister sell his voice or quill in the same. We forbidden therefore him that is ordained, to give any thing at all, either for his ordination, or for the use of his pall, or for paper, and pastell. 1. q. 3. si. quis prebendas. And neither for past, neither under pretence of any custom, either before or after, let there be any thing exacted, or let him presume to give, because it is Simoniacal: But let him freely without any diminishing, enjoy the dignity and benefice conferred upon him. Provinc. wil lind. de institu. c. 1. We ordain, that no Prelate when he shall confer any church, or prebend, presume or dare any manner of ways, either to usurp unto himself, the fruits of the same Church or Prebend, not yet gathered, or to exact, or to suffer to be exacted, by his officials or Archdeacon's any thing for the institution, or possession giving, or for any writing to be made touching the same. Provinc. lin. de instit. c. fi. By the approbation of the holy Counsel we ordain, that they which are bound at the commandment of their superiors, to iuduct those that are admitted unto ecclesiastical benefices, be contented with moderate charges for such induction to be made: Namely, if the Archdeacon himself, or his official do induct, let the archdeacon be thoroughly contented with three shillings four pence, and his Official with two shillings for all charges, both of himself and his retinue concerning their diet. And let him that is inducted as afore said, choose whether he will provide for the retinue of him and his, that giveth the possession in such quantity of money, or in other necessaries: And if any thing over and above this, by occasion of the premises be received by such as induct: or if they receive any more for the induction to be made by them; or if it shall happen that they make not letters certificatorie of their induction, and deliver them unto the inducted, or with feigned pretence unlawfully differ them; we will such as are culpaple herein, so long to incur suspension from their office, and entrance from the Church, until the things contrarily received, be restored; and and that they satisfy in the premises, him who by their default is hindered. But what if he be inducted (saith the Gloss) Glos. ibidem verb. & facile. ad hoc c. statutum. § insuper Extra. de rescript. by an other then by the Archdeacon himself or his Official, and yet at the commandment of the said Archdeacon: Whether may the Archdeacon receive any thing for such an induction? Answer no. But he that ineucteth him after this sort, shall have of him that is inducted, necessary expenses, and such as are agreeable to his estate and calling, under the moderation limited unto the Archdeacon himself or his official, if either of them had personally made any such induction. Provin. lind. de censib. c. item licet. ILLUM ARCHIDIACONORUM, etc. We detesting that abuse of the Archdeacon's and their Officials and other Ordinaries, whereby they exact of the Priests appointed to celebrate in their jurisdictions, before they do celebrate, a certain and excessive sum of money, unlawfully converting the liberality wherewith such Priests were wont to content themselves, receiving but one penny of clerk, registering their names in their records unto a confiscal exaction of six pence, or there abouts; We ordain, that from henceforth of the said Archdeacon's and other Ordinaries, or any of their ministers, under pain of suspension from the celebration of divine things, by any means presume not to receive of the said Priests, above one penny. For the which there names must be registered in their first admissions. Lind. de censib. c. saeva. A cruel and miserable greediness hath invented that unmeasurable exactions, for letters of institutions of clerk admtited unto ecclesiastical benefices; & for letters of orders, for labour of writings and for seals, are oftentimes made, the Canon disallowing the same; saying, as it becometh not a bishop to sell the imposition of hands, so it is not decent for his minister to sell his quill. Moreover, the clerk of Archdeacon's and their Officials, and other ordinances, refuse to deliver the certificates of inquisitions made upon vacant benefices, unless they first have an excessive some of money for writing. We therefore willing to abolish this abase, have determined by the advise of this present counsel to ordain, that for the writing of the letters of inquisitions, institutions, or collations and commissions to induct; or for the certificates of the same into their benefices, the said clerk receive not either by themselves or by others above 12. pence. And for the letters of every holy order, the said clerk, neither by themselves nor by any other shall receive above six pence. In other things let the Ordinaries themselves, be bound to allot stipends for their ministers and officers, whereby they may justly be satisfied: But for sealing of such letters, or to the Marshals for entering into the house, or to the Portors, or door keepers, or Barbers, we will that nothing at all be exacted or paid by any coulorable intent, lest the payment for seals os letters or entrances aforesaid be turned unto a damnable gain. Bishops and bishops men not a few are suspended by this Canon. And this we ordain upon pain of double to be restored within one moveth. Otherwise the clerk that refuse to restore double, let them know themselves to stand suspended from their office and from their benefice. And now generally to conclude: It were not amiss in my simple understanding, that the whole Church made humble supplication, unto her excellent Majesty, and her honourable counsellors, that the judges of the Land, might be consulted, upon the validity of the former act of Parliament, and that it might be known, whether the foresaid Cannons established thereby, or any of them, be in force: and if so, that then her Majesty would vouchsafe, graciously to take the Church affairs into her own hands, and by her commission Ecclesiastical, appoint such honourable and faithful men as are not in the ministery, to examine the bishops proceedings. Viz. Whether they have made any criminous and unlearned ministers? Whether they have suffered any such men to remain in the ministry all the time of her majesties reign? Whether the Archbish. have dispensed in any matter or cause, contrary to the word of God? Whether the pastor of every congregation be suffered to execute the discipline of Christ, authorized by Act of Parliament? Whether the Archbish. & bish. have sat in matters of blood? Whether they have made a minister without a title, allowing him whereon he might live? Whether he have made any in his own Diocese, without licence from his fellow bishops? Whether he have received any money for letters of orders, institutions, or suffered his Archdeacon's to do the like for inductions? Whether he have received money for excommunication and absolution? Whether he have set out his bishopric or any part of his jurisdiction for an annual rent? Whether he have not suffered his chief houses of resiaunce to fall into dilapidations? Whether he have not admitted unto any benefice the son of him, whose father was placed in the same benefice before? Whether he suffer none to be non resident, but where the evident necessity and utility of the Church requireth? Whether he have promulged and executed any Canon or injunction without her majesties writ and royal assent? Whether he have personally visited the Churches of his Diocese, only upon just cause and not for gain? whether a minister have not by common right & Act of Parliament, a lawful calling in the ministry, and such a calling, as from the which the bishop may not remove him without some special cause? Whether an Archbishop, or bishop, by virtue of his archiepiscopal or Episcopal authority, may promulge or execute, any Canon or Injunction, unless it be made in convocation, summoned by her majesties wryt, and authorized by her royal assent? Whether a murderer, or thief, be usually compellable upon his oath, to detect his murder or felony? Whether an Archbishop or bish. may lawfully bring upon her highness league people an inquisition, sifting them with oaths, what faith, devotion, or manners they profess? Especially the said people living in outward obedience of her highness positive laws? And if not: then whether an Archbishop or bishop, may lawfully urge the like, touching matters only of discipline and ceremonies, and command her said people by virtue of their oaths to declare, what, when, where, or how, they have spoken or preached out of the word of God the truth of God touching the same? Whether a preacher, only upon occasion of his text, teaching the people, that women by the law of God may not baptise: or that by the same law a Deacons office is not to preach: may be justly condemned, to have preached maliciously against the book of common prayer, the said preacher not once mentioning in all his sermon one word of the said book? Whether a preacher of the Gospel, borne within her majesties Dominions, have not freedom of an English Citizen to challenge the benefit of her highness laws for the defence of his person, fame, goods, lands and livings? Whether a preacher of the Gospel, fearing some unjust vexation of his Diocesan, may not complain into her highness court of Chancery, and have her majesties writ Quia timet, against the said Diocesan? Whether a preacher of the Gospel, may not lawfully have his bill of complaint, admitted by the honourable counsellors, Pears, and Lords of the Star chamber, against his Diocesans injurious entreaties, and contempts of her highness laws? Whether some kind of writ, out of her highness other temporal Courts, may not lie as well against a Diocesan for proceeding against a preacher of the gospel, contrary to common or statute law, or contrary to her highness prerogative royal: as some kind of writ doth lie against an Archbishop, for proceeding against some other of her highness liege people, contrary to the intent of the statutes provided against usury, perjury, payment of tithes, and such like? Whether an Archbishop may sing a note above Aela: and lawfully exercise an absolute power within her majesties Dominions? Whether a minister admitted by the order of the book of king Edward the sixth, be not presently a lawful minister, and may preach in his own cure with out any licence in writing from the Bishop? Whether licences granted by her majesty, or her majesties ecclesiastical Commissioners: or any of the Universities, be at any time revocable by an Archbishop alone? Whether any licence for marriage, without banes ask, be lawful or no, and whether banes ask be of necessity required by the book of Common prayer? Whether any commutation of penance be lawful? Whether a mere lay man, no doctor of the civil law, may be a chancellor, and so excommunicate? Whether a mere lay man, no Doctor of the Civil law, may be a bishop's register, contrary to an Act of Parliament? Whether it be lawful for a simoniacal, excommun●…cat and irregular person, to be a judge or no? And 〈◊〉 an Archbishop be such a person, whether he may resort to the Pope to be absolved or no, or where, or how he may be absolved? Faults escaped. PAg. 12. li 29. for leave these, read, leave the seat pag. 12. li. 33. for he shall be in, read, be in. pag 13. l. 24. for by the pope's act of parliament, read, made by the pope, & co●…med by act of parliament. pag. 14. l. 12. for he is deposed, read, he deposeth pag. 14 l 35. put a before certain pag. 14. l 13 for functions read, f●…ns. pag 18 l. 28. for correcteth or improveth, rea. to correct and improve pag 20. l. 35. read, and that it did not concern the honour of the Son of the most pag. 22 l. 7 for. 4 read 1●. articles. pag 23. for corruptions read, occupations pag. 33. l. 3 for the minister chargeth, read the minister at the B●. instance chargeth. pa. 56 l. 11. for that they, read that the ●… pa 75 for collation read, collusion, pa. 71. l. 35. for curall, rea ●urall. p 79 l 15 for dicit. rea dicere p. 79. l. 27. for, o● yet a consent, rea nor yet consent. pa 82 l. 18. for part●, rea. pacta. pa. 161. l. 9 for reputari idoneas, rea reputare idone●… pa 101. l 27. for this plurality man, rea a plurality man. pag. 103. l. 8. for hearty rea. Carlisle. pag. 103. l. 35. for canon, rea. common. pag 151. for petition, rea. petition. p 157. l. 5. for passion, rea. possession. pag. 173. l. 27. for runneth thee, rea. runneth against thee pag 175. l. 25. for of sufficient, rea. of no sufficient pa 222. for servants rea tenants pag. 141. l 25. for Abbot, rea Abbey. pa. 169. for of excommunication rea of sole excommunication. p. 122. l. 10. for Moses, rea. Io●hua. and pag. 122. l. 12. for joshua read Joshua's 〈◊〉.