AN ABSTRACT, OF CERTAIN ACTS OF Parliament: of certain her majesties Injunctions: of certain Canons, Constitutions, and Synodals provincial, established & 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. 1. 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. PROVERB. 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 and peaceable estate, both of the Church, & 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 and 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 and notable points of such controversies, as have been a long time amongst us, would be easily and 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 and 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 and 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. Pag. 1 AN ABSTRACT OF CERTAIN ACTS OF Parliament: of her majesties Injunctions, Canons, and Synodals Provincial: esta blished, and in force, for the peaceable government of the Church, within her majesties Domini Dominions; heretofore for the most part unknown and unpractised. 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. Pag. 2 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 and 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, & synodals provincial, made before this act, requiring and commanding a learned ministery, 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: & 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: Pluralities forbidden. etc. Pag. 3 A LEARNED ministery A learned ministery commanded by the Law. NIHIL EST. etc. There is nothing that may Ex De elect. Cap. Nihil est. hurt more the Church of God, than that men unworthy are taken to the government of souls. We therefore willing to apply a medicine to this disease, decree, by an inviolable constitution, that when any shall be 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 he 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 quite 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 benefice.. 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 not to be admitmitted to holy orders, and Ecclesiastical dignities. 2 But a man of insufficient learning, and of unhonest conversation, cannot worthily execute his office. 3 Therefore such a one, is not to be admitted to Ecclesiastical dignities. Pag. 4 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 and Confirmation, properly applied to such) and 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 remedies 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: Quia quilibet qui praeest ●●ae animarum, dicitur esse Praelatus. Every one that is preferred to the cure D. ex. de eleric. ●grotant. issued & gi●s. lynd. Consti. de s●cra. iter●nd. c. ignorantia verse. praelat●. 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 furmise, for otherwise the decree following shall convince him manifestly of an error. Pag. 5 PRAESENTI DECRETO. etc. By this present decree, we Bx. de paenit. & remissio. c. cum infirmitas. The soul is first to be cured. charge and straightly command, that the Physicians for the body, when they shall be called to any sick persons, they first warn, and induce, the patients, to call for the physicians of their souls, that when they shall have pronision 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 he 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, and 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. cum SIT ARS ARTIUM, etc. Considering the government Ex. de aetat. & q●ual●. c. penult. 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, than a great many evil: because, if 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. Pag. 6 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 cunnings. 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 Clerks be thosen 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. And in like case the Emperor. Melius est pauca idoneè effundere, D. Cod. De veter. lure. enuclea. l. 55. contrarivam. Authen. De table. coll. 4. Authen. De referen. in fi●e coll. 2. quàm multis inutilibus praegravari: & melius est pauca agere cautè, quàm multis periculosè interest: & multitudo onerosa nihil habet honesti. It is better to utter a few things aptly, then to burden men with many 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. Pag. 7 All which principles by common experience, are so well and familiarly known unto every one of us, that they need few colours to paint them out. For as touching our food & diet, our furniture & apparel: our pastimes & pleasures: our business & affairs, we can every mother's son, deem it far better, to have a little sweet & 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 kilducke, than ten resty jades, or ten bangling bussards. 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, & 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 heed elesse 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. And it hath many other grounds and conclusions of law, to found itself upon: namely. Talis debet eligi, cuius comparatione caeteri grex dicantur. 15. Distine. & nomine Constitutio. Otho. quam ad venerabiles. Et minister debet esse forma gregis, ad quam se debent subditi reformare: & debent esse ministri in exemplum, quasi signa posita ad sagivandum. Pag. 8 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: & the minister ought to be the form of the flock, whereunto the inferior sort ought to reform themselves: & the Ministers ought to be examples, and as marks for others to shoot at. These grounds & reasons, amongst the greatest part of our ministers, have had no place or entertainment at all, but are utterly turned topsy taruy. For where by these Maxims, they should be seers: where they should go, and slep before others in knowledge, as guides to conduct them: where they should for their piety, and honest conversation, be pa●terns 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 tailing, and garbage of the people, and such as can scar●e say B. to a batledore. Marks in deed to a●me at, but such as the nearer a man should shoot at, the more it would be his hinderauce. Examples in deed they be, but alas such examples, as it tueth good men to see, how many by them are drawn to ungodliness, and unhovestie, to Alehouse haunting, to dicing, to table▪ playing, to carding, to bowling, to bear-baiting: yea, and that on the Lord's 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. Pag. 9 LICET CANON. etc. Although the Canon of Alexander the third, our predecessor, among other things did ordain, that none 〈◊〉 elect. 〈◊〉. canon. 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; neither yet the charge of a parish Church, unless he have accomplished the age of 15. 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 hear) and why? Non convenit talem alijs praefici in Magistr●n, 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, Debet promotus esse literatus, quia cum ipse debet alios docere, non debe●ipse discere. He 40. Distine. ca sacerdotes. Authen. de sanct. ●pist. §. Damus. ff. De Decurio 1. honores. 3. cap. distin. § that is promoted aught to be learned, in as much, as, taking upon him to teach others, himself ought not now to learn. And again, Honours & munera non ordinationi, sed potioribus iniungenda s●n●. Honours and offices are to be given to the best approved, and not to an ordination alone. And again, Debet promotus omni poscentireddere rationem. He that is promoted aught to give a reason to every one that asketh. And again, Cura animarum debet vigilijs oncrosa esse, & sollicita, Glos. cons●●. Otho cum s●●. ureste cui comnittitur, cure● ne pereant subdit●, sed salnentur. 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, Et qui doctior est, & sanctior, est eligendus. And he that is the more learned S. q. 1. Liect. ergo. and the more holy, is to be chosen. And even upon the selfsame reason: namely, that the souls of the people should not be in peril for want of teaching: Pag. 10 it is ordained, that no Church with cure of souls, should be destitute, above a certain time prefiyed and limited, for the provision of some man able to guide the people. Pag. 11 NE PRO DEFECTV. etc. Lest for want of a Pastor the Ex De elec, Ne pro defect. 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 Peril of souls, the cause why a time is limited, for the placing of a Pastor within certain months. to souls, and also to provide for the indemnities of the Churches, do ordain, that a Cathedral Church or regular Church, be be not void above three months. And again, even for the selfsame causes and considerations in the Chapter, N●lli 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 Lord's 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 months. 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. Pavia enim sunt omnion non fieri, aut minus ff. De verb f●●ni. l. 〈◊〉 dificium. § profecisse. vitè fieri: qui minus soluit, non soluit: perfecisse 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. 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 Peril of souls, cause of renunciation 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. PRO DEFECTV SCIENTIAE, etc. For want of Ex. deprabend. ●. vene●●bilis. knowledge a man may desire session: for whereas knowledge is chief 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 things, to renounce the said Church, in case he have no knowledge, whereby he may govern the same. For (saith 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 cannot retain. Pag. 12 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 forsake the said charge or function: 2 But every unlearned minister having a charge, is without knowledge how to govern the same his charge: 3 Therefore it is lawful for him to renounce his said charge. ANd again: even to avoid the peril of souls, and that neither age, neither any bodily disease or importencie 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. PETISTI, etc. Thou desirest that for thy age, growing upon 7, q, 1, Petisti: thee, and thy bodily infirmity, thou mightest without advise, in the same seat where thou governest, place one in thy stead: 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 Ments: 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. Pag. 13 All which Canons and constitutions being made and published long sithence, are again confirmed, ratified, and allowed by latter constitutions, decrees, and ordinances, as followeth. AD REGIMEN. etc. Although we by disposition from above, Ex. comm●●●. de Praeb. & dig. c. Ad regimen. 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. cum ECCLESIAE, etc. Forasmuch as the Churches Clement. de aetas', & quali. ep. 1. whereunto unfit parsons in knowledge, manners, or age, are preferred suffer for this cause (as experience teacheth in their spiritualties and 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 parsons 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, and appointed an able and fit state of Clergy men, to be had throughout the whole Empire and Dominions of her Majesty: The tenor or some of which constitutions followeth. First, Exigit namque ars nostra catholica, ut sit unicus in una ecclesia Otho constitu c●●sit ars §. exigit. 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, and in doctrine. Pag. 14 Secondly, Absq, magistro praeterea ecclesia desolata manet saepe die, nec persona in ea, nec saliem 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 seely ignorant Priest: but as touching their holy life, their knowledge, and their doctrine (alas) there is too too little care had. Pag. 15 SACER ORDO, etc. A sacred order is to be conferred to Otho. const. cum sit a●●. § absue. 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 and search be made by the Bishop of all these things. Which constitution, whether it be observed, or no, I refer the reader to the directions of the Bishop's Canons: Wherein they manifestly tell us, that they proceed first, and inquire afterwards: that they first give the Minister a charge, appointing him to teach: and afterwards send him to the Archdeacon or his officials court to learn, as is manifest in their Canons, published in the year of our Lord 1571. Title, Archdeacon: and also in the Advertisements, Title, Ecclesiastical policy. Wherein they have not attended the meaning and intent of Law, which always requireth, qualitates adsint eo tempore, quo dispositio sumat effectum. That ●art. in l. si quis posthumos., § filium. n●. 3. ff. de li. & posth●●. ff. de. minor. l de. aetate & de feriis le. 2. 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 ae●ate, quae est talis, quae reddit personam inhabilem ad judicium exercendum, Bene potest de hoc quaeri, ante omne judicium. When there is any question of such an age, as maketh any parson unable to exercise judgement, this aught very well to be inquired of, before all judgement. In like manner I say, considering certain capableness, and 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: and if any other preposterous order be used, that therefore the whole actions are void and frustrate. For where by disposition of law, a certain form and prescript order is limited, there if any inversion or preposteration be used, all is clean matted. And why? because you follow not the direction of your Letters patents: you exceed the bounds of your commission, and pass the limits of your jurisdiction, the law making you a judge, to do that, and that, after that, and that manner, you make yourself no judge by doing after your own fancy, thus, and thus, after this, and 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. Non ergo arbiter quod libet statuere poterit, ff. de receipt arbd. non distinguendum § de officio. nec in qua re 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, and according to the form of the compromise. judex ad certam rem datus, si de alijs pronunciavit, quam quod ad eam rem ff. Si anon competetiiud. l. 1. pertinet, nihil egit. A judge appointed to one special matter, if he pronounceth any thing impertinent to the same, he hath lost his labour. Maritus id solum exequi debet, quod procuratio emissa praescripsit. A husband ff. de procurat. l. maritus. that is proctor for his wife, ought only to execute that that his proxy prescribeth. And the reason is this. Fines mandati sunt diligenter A learned ministery commanded by the civil law. obseruandt. The bounds of a commandment are diligently to be kept. Neither are the imperial laws barren and void of the like holy functions, but exhibit unto us the selfsame provisions as before: namely, that men holy and religious; men furnished with the best gifts and graces, should be preferred to the sacred ministery. Pag 16. Nemo gradum sacerdotis venalitate pretij mercetur: quantum quisque meretur, Cod. le. epis. & cler: L: si quoniam. Authent. de Sanctis episcop § clericos col. nova. 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, and not by his money. Again, CLERICOS AUTEM, etc. We do not otherwise Note, that by civil law a Bishop may not ordain a Minister, unless the people choose an unworthy man. suffer clerk to be ordained, unless they be learned, and 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. 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 th●n? I will tell you. Certain perverse conceited, and self weening men, soothing themselves, and fostering their dotages and fond affectious errors, with these rules of law, Non requiritur summa perfectio: and that Sufficit mediocris ff De aedil. edict. le. Sciend. § tllu● scientia, A perfect knowledge is not required: and a mean knowledge ● le. Si quis vinditor. Ex. cap. cum Nob is olim de elect. is sufficient. Imagine these our Sir john's, the very Asses of our schools, having approbation from some Bishops, by whom they have vin tried and eramined 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? Whereunto I answer, that the ignorance of these Answer to the objection of a competent knowledge. terms and words of law, namely, Summa perfestio, mediocris, & competens scientia, is the ground of this error. And therefore it testeth briefly to view, what manner of learning and knowledge, by justice and equity of law, may be, and is reputed mean, competent, and Pag 17. 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, and let all their labour consist in preaching and doctrine: and let them edify, as well The Ministers must know the Scriptures, and preach. in knowledge of faith, as examples of good works. 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 specially avoid ignorance. 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: Pag. 18 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. Pag. 18 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 taketh 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. PRIOR AUTEM, etc. Let the Prior in comparison of the Ex de statut. Monacho c. cum ad Moenasterium § prior. 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 and deed. 2 But every Minister ought to cherish and comfort the obedient to the faith, and to correct & improve the disobedient. 3 Therefore every Minister ought to be mighty in word & deed. Pag. 19 ANd therefore, sithence both in this and in the former constitution, the lawmaker abused the word of the Lord, and apply it to have people taught false religion, I mean Popish religion, for that was the intent of the decrees. And seing 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: I say, the superstitious law maker 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 & nail maintain this his policy, to be a policy meet for the Lords servants to be guided by: what can they answer in 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 residents, popish excommunications, popish visitations, popish payments of oblations, popish courts of faculties, popish licences: the very same laws, and the selfsame 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: and 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. Pag. 20 Wherein, touching the former, they said somewhat, if the matter did consist, inter pares, and not 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 their own law, having better grounds, and better reasons for the validity thereof, than the laws mentioned before, concerning their prelaties 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 then to comfort and cherish the disobedient to infidelity, and 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 stabishment of the right use of things through their default yet amiss and out of frame with us. If the cause of the former, in truth and verity, be as good as the cause of the latter, in show and semblance only: yea if it be far better (for theirs in truth is stark nought) & the law authorise for the one indeed 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 & masters cause yet were it expedient for them to be entreated to be more favourable to the justice & equity of their own laws, than continually, by placing unable men in the ministry, thereby, as it were, accusing the same of imperfection, and insufficiency: Pag. 21 as though it tolerated any such thing, when as in truth, it doth nothing less, evermore speaking as followeth. Pag. 22 VERUM QVI. A, etc. But because after Baptism, amongst Extra. Cum: de privilegiis. c. mtcr cunctas § verum quia. 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 and convenient knowledge every Minister ought to be adorned. PRAECIPIMUS (saith the provincial constitution) VT QVILIBET Sacerdos plebi praesidens, quater in anno: hoc est, semel in qualibet quarta anni, die una solemni vel pluribus, per se, vel per alium exponat Prou●gu. lind. de osti. Archi. pres. ignorantia saccrdotum. populo vulgariter, absque cuiussque subtilitatis textura fantastica 14. fidei articulos, decem mandata Decalogi, duo praecepta evangely, etc. We command, that every Priest, precedent over any people, four times 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 14. Articles of the faith, the ten Commandments, the two precepts of the Gospel, etc. Hear 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. For from hence quarter Sermons, now amongst us, have crept in, and had their Quarter sermons from whence they came. beginning, though now fostered with greater corruption, than 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 and to instruct the people, as it is nowadays amongst us Pag. 2●. practised: but the meaning is, that the Articles of the faith, the ten Commandments, the two precepts of the Gospel, etc. should indeed 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 lawmaker did foresee, that it was impossible, that with any fruit. this so great a work, could be finished: therefore both to take away all cavisting 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 dotrines might once every quarter, be wholly expounded: So that semel is not here taken for simul, that these doctrines should once Glossa. ibid. every quarter all together, and at one time alone be taught, but that they should be once every quarter at particular and 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 an other, have an other 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. cum CONTINGAT quod Episcopi propter so as corruptiones multiplices, vel invalitudines corporales, aut hostiles incursus, seu occasiones alias (ne dicam us defectum scientiae, quod in eyes reprobandum est Ex. de offi. iud. ordin. c. inter caetera. omninò, nec de caetero tollerandum) per se ipsos non sufficium 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. Pag. 24 A Bishop ought personally to visit his Diocese, and an Archdeacon his Archdeaconry, and yet neither of them both aught to visit by an other, unless he be Infirmus, vel aliter legitimè impeditus, Glos. linw. cle. cens. ca verb. rationabili. quò minus possit personaliter visitare, Diseased, or have some other lawful impediment, so that he can not 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. Et quis debet residentiam facere Ex. de cler. non residen. c. conquerenti. 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. C AETERUM SALVO, etc. But saving the Legate of the The office of preaching may not be deputed to others. 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 Vicar's 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 another decree. INTER CAETERA, etc. Amongst other things belonging to the salvation of Christian people, the food of the word Extra. de off. ●●ed. ord c. inter caete ra. 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. Pag. 25 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 herein, as followeth. DE PUBLICATIONE ARTICULORUM, etc. Touching johan. Peccham de office archi. the publication to be made of such articles, whereby a man forthwith doth incur sentence of excommunication let the Archdeacon's make diligent inquisition, and 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. Hence may aptly and necessarily be inferred, that he Competent knowledge is a knowledge to preach. 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: Absit ergo quod sic perfectus sit, ut ad Glos. ibi. ver. scientia. lileram dicere possit illud Hier: cap. 1. à, à, à. Domine 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 can not 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. Pag. 26 AD MAGISTRUM, etc. To a Master or teacher Glos. ibi. ver. abseve magistro. 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 unfeignedly, 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 depth of the floods, that i●, the secrets of the Scriptures: and the thing that is hid bringeth he to light. And Rebuff affirmeth, that Penîtus illiterati dicuntur, qui nesciunt officium facere, ad quod t●nentur. They are said, to be altogether unlearned, which cannot perform the duty whereto they are bound. And the gloss upon the law in the Good 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 commanded the same: for as much (saith she) as in these latter days many have been made Priests, being children, and otherwise utterly unlearned, so that they could read Matins or Mass: the Ordinaries shall not admit any such to any care, 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 kecpe back the truth: In as much as 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. Pag. 27 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 reform, and to shake off those rags under which they now shower themselves. They are diligently to hearken unto the Canon of Gregory against them. Si quis neque sanctis 1. q. 1 c. Si quineque. pollens moribus, etc. If any, neither adorned with holy manners, neither called by the Clergy and people, or constrained by compulsion, through 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 up with desire of vainglory, shall take any Bishoply or Priestly dignity upon him, and shall not, even of his own accord, leave the same agains in his life time, but suffer sudden death to take him unrepentant, without all doubt he shall perish for ever. Pag. 28 Secondly, Ordo non solùm Glos. in constitu. Otho. de seruti. in ordin ver. ad. gratia suscipientis, sedetiam aliorum confertur. 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 mercenarius se ingerit, non ut pastor. It is dangerous to him that is ordained, because he rusheth in as an hireling, not as a shepherd. Fourthly, Periculosum est subditis, quibus sacramenta ministrare, & quos curare deberet, ne diver simode inficeret eosdom 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, Periculosum est decentiae ecclesiae, in scandalo populari. It is dangerous for the Decency of the church, to be in any public slander or offence. Again, Malus praelatus dicitur lupus rapiens praedam. An evil prelate is said to be a wolf, 83. distine. nihil. 2. q. 7. Quinec. ravening his pray. He is said to be, Canis impudicus, propter defectum regiminis. A shameless dog, for want of government. 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 2. q. 7. Non omnis. infatnatus, ad nihilum proficiens. Unsavoury salt, profitable for nothing. He is said to be, Porcus, A Swine. He is said to be, 4 c. Dist. in mandaris Glos lind. de office Archis pres. c. fin. v. canss. 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. Pag. 29 These Canons and Constitutions, not contrariant or repugnant to the Laws, Statutes, or Customs of this realm, neither derogatory to her highness Crown and dignity, and therefore authorized by Act of Palament, aught 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, and that not on a workeday, 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 Pag. 30 This (I say) is the actien 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 eyes 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, Coward the first, 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 right year of his most excellent 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, & Ministers, as was set forth in the time of the said late King, and authorized by Parliament, in the fifth and fifth year of the said late King, shall stand, and be in full force and effect, and shall from henceforth be used and observed, in all places within this Realm, and other the Dutines majesties dominions and countries.] The title of the book is this. Pag. 31 (The form and manner of making and consecrating Bishops, Priests and Deacons.) And first to entreat of Deacons, according to Ordering of Deacons. 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: Fiftly, he must believe all the Canonical Scriptures: Sixtly, 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. Fiftly, he must be made on a Sunday, or holy day: Sixtly, he must be made openly in the face of the Church: where must be an exhortation made, declaring the 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 aims. Pag. 32 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 commandment of God, so that you may teach the people committed to your care and charge, with all diligence to keep and observe the same. Pag. 33 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. Secondly the Bishop by virtue of the order and form appointed by act of Parliament bindeth him, The Discipline of Christ commanded by Parliament. as well to minister the Discipline of Christ, within his cure, as the doctrine and sacraments of Christ, as the Lord hath commanded, & 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 adinonish, 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 v●●umque 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 and 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 but one thing. Pag. 34 To the first his own promise, to the bishop's interrogatory, bindeth 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: Pag. 35 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 Archbishop demandeth of the Bishop this question. (Will you maintain and set forward, as much as shall lie in you, quietness, peace, and love, amongst all men: and such as be unquiet, disobedient, and cryminous, within your Diocese, correct, and punish, according to such authority, as ye have by God's word, & 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.) Pag. 36 Surely, they can have no such interpretation. For the meaning of these words is, that every Bishop should by the ordinance 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 to 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, and so contrary to the nature of a law, be Lex absurda, an absurd law. Pag. 37 And therefore, what open wrong, and intolerable injury is offered the Saints of God, and 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 & 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: Pag. 38 No, no, they very well knew, that the outward sound of the Bishop's 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, that Promissio facti alieni inutilis Institu. de inu●tilistipu § si quis. est, & quod si testator iusserit aliquem in certum locum abire, vel liberalibus studijs imbui, vel domum suis manibus extruere vel pingere, vel 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. Pag. 39 (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 proceed 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 Deacono, 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 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 Siricti 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 fellowseruant an office committed unto him by public authority. Pag. 40 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, and 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, and 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. Pag. 41 Without the which he cannot preach, as from reading the scriptures, and praying with the people: but I exclude him from those things only, which are not incident to his office, as from reading of Homilies: for he may preach, and never read Homilies: but he cannot 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 cannot preach, from reading Homilies? I answer, that whether they can preach, or cannot 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 Bishop's 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, and out of the writings of the Apostles, of what dignity, and of how great importance this office is, whereunto ye be called: & moreover, I 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 naughty world, to be saved through Christ for ever: Pag. 42 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 hindrance, 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. Pag. 43 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 himself, 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 alms. 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 shall be 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 in steed 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. Pag. 44 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, in stead 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, and such like. But there is more to serve their turns, and to help their cause in the law Canon, and in the Injunctions, the law Canon being thus. QVIA VERO NONNULLI, etc. But because some, Ex. de hare●●●excom. § Quia vero. 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. Pag. 45 The Injunction being this. (Item that they, the persons above rehearsed, shall preach in their own persons, once in every quarter of the year, at the least, one sermon, being licenced specially thereunto.) Whereunto I answer, that this decree, and this Injunction, requiring special licenses to preach: And the Bishop, by virtue of the foresaid statute, giving authority to preach, cannot ●arre 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 sure, though he be not specially licenced thereunto. Pag. 46 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 Wickliff 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 parrishes, 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, and 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 licenced 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 ●o being found a fit person, as well in manners, as in knowledge, he shall be sent by the said Ordinary, to some one Church, or more, as shall be thought expedient, by the said Ordinary, according to the quality of the person Nor any person aforesaid, shall presume ●o 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. Pag. 47 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 within 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, and 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 Bishop, under his seal, though her majesties most excellent name be used by the publishers of the said advertisements for confirmation of them, and 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, and 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, and other Injunctions under her M. name, and 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 heard. But let us go forward. It hath been showed before, that every one, to be made a Deacon, or a minister, ought be to 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, then particularly described, require a larger discourse. Panormitan, & the doctor's, upon the civil & canonical law, have these conclusions. Pag. 49 Statuta debent interpretari, secundùm ius common, sive debentinterpretationem ●x. n. ●a. dict●● de consu●t●●. nu. 22. recipere à iure communi, & statuti verba dubia debent interpretari, ut minùs laedat ius common, quàm sit possible. 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, and such qualities, are required by that statute, to be in such an officer, as by common right were requisite for such an officer, before the making of that statute. And because by the 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 orderings, 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: Pag. 49 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, through 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 speakers, 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 sixth 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', and Nicolas, a convert of Antioch. These they set before the Apostles, and when they had prayed, they laid their hands on them, etc. Pag. 50 The Communion ended, shall be said this Collect. ALmighty God, giver of all good things, which of thy great goodness, hast vouchsafed 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 Fol. 1. pag. 8. 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, through 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, shall be read out of the twenty chapter of the Acts. FRom Mileto Paul sent messengers to Ephesus, and called the Elders Fo●●. pag. ●. 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 with all 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, through every Pag 3. 51. 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 jesus, to testify the Gospel of the Grace of God. And now behold, I am sure that henceforth you all, through 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 blond, etc. Or else the third chapter of the first Epistle to Timothy. 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 greedy of filthy lucre: but courteous, gentle, abhorring fight, abhorring covetousness, Pag. 5●. 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 shall be read for the Gospel, a piece of the last chapter of Matthew. 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: teaching them to observe all 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. Pag. 56 almighty God, giver of all good things, which by the holy spirit, hast appointed divers orders of Ministers in the Church, Fol. 11. pag ●. mercifully behold these thy servants, now called to the office of Priesthood, and replenished 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, through the merits of our saviour jesus Christ, who liveth and reigneth, with thee and the holy ghost world without end, Amen. These prayers, and places of Scripture appointed by the whole consent of the realm, to be made and read at the time of making Deacons and 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, and 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, and 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 proceed, 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. QVANDO EPISCOPUS, etc. When the Bishop The 〈◊〉 of calling. is disposed to make an ordination, all they which will come to the holy ministery, the fourth day before the ordination, are to be called to the City, together wiuh 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 Praeconis, by the voice of an Apparatour, to make the Bishop's intent knows, Pag. 54 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 ●ol. 2 p. 2. 27. Article. by the Bishop is come, etc. 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 title Articles, for certain orders in ecclesiastical policy. The manner of trial. in the congregation, before he be lawfully called, and sent to execute the same. 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. Pag. 55 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 aught 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, and 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 Bishop, either unworthily, or not meet to take holy orders. And therefore let them continually three days together be examined, and so on the sabbath in the which they are approved, let them be presented unto the Bishop. Out of the constitutions of Otho, I have before cited this decree following, which Constitu. Otho Sacer. 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 nimis 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: indeed 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 antè. Est ergo necessarium, etc. It is therefore necessary, that this scrutine of the examinants precede 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 bonae famae. Men to be ordained, are Glos in cap. constitutus ver. ordinan● does exide purgatione c. 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 opi●●o v●cillare, Because their credit ought not to be Distinc. 33. 〈◊〉. shaken in any case. 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: but qualitas extrinseca, ut literatura non praesumitur, nisi probetur. Glos. de elec. le. ●. ca si ●orte ver 〈◊〉, ●● D●●●tu: ●●p. l. qui liberos. An outward quality, as learning, is not presumed to be in a man, unless it be so proved, and therefore he is to be examined upon the same. Pag. 53 Et ubi dare volo filiam meam, id est, ecclesiam in sponsam, debeo inquirere de dignitate sponsi● ratio, quia eligens tenetur invenire conditionem debitam filio, And where I mind to give my daughter, that is to say, a Church to be a Bride, I ought to extravag ●om. c. ad ●uius●●bet de praeb●nd. & dig▪ The trial of Ministers. inquire of the worthiness of the bridegroom, videlicet, 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. 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, and godly conversation, to exercise their ministery duly, to the honour of God, and edifying of his Church.) This manner of trial cannot better appear, than by a comparison to the proceed and Commencements 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 appose 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 Vice-chauncellour, 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 parttie answering. For, saith the Bishop, (Do you think, etc. Do you unfeignedly believe, etc. Will you apply, etc.) Pag. 57 And the party aunsweareth, 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 ●l. 7. pag. 1. manner following. (Do ye trust, etc. Do ye believe, etc.) There is also to be 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, than 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 indeed, 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 ought 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 is made in the said book, that that followeth may sufficiently instruct Distinct. 24. c. quando. us. The Canon law touching this point saith thus: Alias autem, etc. Pag. 58 But otherwise let not a Bishop presume to ordain any, without the council of the Clergy, and the testimony of the people. Again, see that solemnly, at a convenient time, and in 70. Distinct. c. ordinationes. the presence of many standers by, you make ordination both of Elders and levites. And again: the other Priests, let them be ordained of their own Bishop, so that the Citizens and other Priests give their assent, and so likewise must the Deacons be ordained. And again, let not a Bishop ordain any clerk 24. Distinct. c. Episcopus, without the advise of his Clergy, and so too, that he seek the allowance and 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 and many other more do all affirm, that elections and ordinations must be made by Citizens and Priests or clerk in the plural number, and 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 throughout the the Country, as appeareth by the Canon following. Sed nec ille Distinct. 64. c. Si forte. deinceps sacerdos erit, quem nec clerus, nec populus propriae civitatis eligit. But he shall be no Priest henceforth, whom neither Clergy, nor people of his own City hath elected. Whereunto also the Civil law accordeth. Si verò, etc. But if holy rules shall prohibit such Authen. de sanct Epis § clericos colla nona. as be chosen by them, as men unworthy, then let the most holy Bishop procure to ordain whomsoever he shall think best. A Bishop alone, may then ordain, saith this law, when the people and Clergy have chosen unworthy men: it saith not, that he may always ordain alone without contradiction, or that the people and 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 than becometh them. And to make this matter whereof we entreat more plain and evident, even by the statutes and ordinances of the realm, the choice and ordination of a Minister, is not apropried to the Bishop alone. Pag. 59 First, by the statute 25. H. 8. these laws, Canons, and decrees before specified, being then in force, in as much, as they be neither contrariant, nor repugnant to the laws and 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 maintane her prerogative royal, as afterwards shall be declared, they ought now to be executed. Secondly, by a Statute made 21. of H. the 8. chap. 13. It is enacted, that a Bishop may have six Chaplains, because six Ministers at the least, aught to be present when the Bishop 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 Bishop shall say unto the people. Brethren, if there be any, etc. And these words the Bishop commending such to the prayers of the congregation, with the Clergy and people present shall say, etc. Then shall the Bishop examine every one of them that are to be ordered in the presence of the people. By which words and 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 and obedience unto their Minister, when their Minister shall be made at London? Her Highness, the nobility and fathers of the land, were of more wisdom and understanding, I am sure, than to imagine▪ that a people dwelling at Carlisle, could be taught or instructed by a Sermon made at Excester. And by the former decrees, wherein mention is made of people and Citizens, the same people and Citizens (if we will know what Citizens be properly) are not taken for the Choristers, the Singers, the Organ-plaiers, the Canons, the Archdeacon of the Cathedral Church (for all these by the Canon law bear the names of Clerks) neither are the Bishop's servants, taken in these Canons for Citizens: Pag. 60 because Citizens, by these rules, must give their consents, and as having a principal interest in the action must not only be eie-witnesses and eare-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, that as the people of the place destitute of a Pastor must be present, and give their consent at the choice of their Minister, so is the same also established by Canon law, and confirmed by Act of Parliament. For this word Consensus sive collaudatio, Consentor approbation, described to be multorum voluntas, ad quos res pertinet simul Glos. in. c. ●. de reb●eccle. non alienand. ver. tractatus lib. 6. iniuncta: the will of many, unto whom the matter appertaineth, jointly linked together, proveth, that not only Citizens indeed, but also that Citizens of the place, where the party should afterwards serus 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. 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 Bishop's Canons. fol. 5. any other time, but when it shall chance some place of ministration to be void in the Diocese. Pag. 61 And therefore I conclude, since none must be made a Minister, but when it shall chance that 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 and appointment of their Minister, a special interest, and prerogative. Neither ought those ridiculous Canons of that foolish Pope Adrian the proud, Nullus Laicorum principum, etc. Let none 63. Dist. cap. nullus, etc. non est. of the lay Princes or Potentates join himself to the election or promotion of a Patriarch Metropolitan, or any Bishop, etc. Neither ought 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 ordinace 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 seven, 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 Adrian, plainly, and in flat terms are derogatory to her majesties prerogative royal, and therefore by the statute of 25. Henry the eight 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, Sheriff, 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 for●est, 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. Pag. 62 And as touching the statutes of the realm, it is likewise evident, that they confirming the book of King Edward the sixth: 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 and 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, than over their bobodies and goods? Every man whether he be in the ministery, or out of the ministery, contrary to the 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 idolators, 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, & 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 sufcient knowledge therein: so the Act of Parliament, made the 13. Elizab. chap. 12. hath fully and at large expounded the same, and limited the knowledge thereof in these words: Pag. 63 (None shall be made a Minister, 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, videlicet, 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 their service and government hath been, I doubt not, but upon their 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, videlicet, Tam indignè promovens, quàm indignè promotus est deijciendus. As well the man unworthily promoting, as the man unworthily promoted, is to be deposed. Proofs and examples whereof are these. In the chapter, NIHIL EST? EX. DE PRAEBEND. 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, Pag. 64 that then not only the man unworthily promoted, but also the unworthy promoter should be punished. And again, it is Ex de aetate & qualit. c. penult. 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 ordainours, and the ordained be subject to grievous So. dist. c ex penitentibus & 51 dist. c. aliquantos. 1. q. 1. c. Si qui episc. punishment. 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. 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, videlicet, that, whosoever promoteth an unworthy man, deserveth to be deposed: Quia culpareus, etc. Because he is culpable, committing an order, Glos in const. Otho. de scr●●. in ord.. c. 1. ver. ab. charge, or office to such an unworthy person. And because he is unfaithful, communicating his ministery unto an unworthy man, to the hurt of the Church▪ and honour of God, which by good Ministers ought to be furthered. A ship master or an Innkeeper, using the service of an evil mate, or ship boy, or ff. de exercit. l. 1. § magistrum. of an unthrifty 〈◊〉 or Ostler, is to make restitution, if any thing be 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, and 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 examinour, sithence the examination is made by his commandment, and also for that Pag. 65 Reseruatum est episcopo ius examinandi illum, Right is reserved unto the Bishop to examine him, examinatus enim examinatur in hijs praecipuè in quibus vertitur periculum animae. A man once examined Glos. c, ad haec ver. examinentur. extravag de offi. Archid. Glos. 1. l. non est. ff de transact. 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. An Archdeacon having by law the custody of candlestikes, copes, and vestments, and 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: and extravag de statut. regul. c. cum ad Monasterium § penu. 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 his own houhoushold 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. Pag. 66 QVAMVIS MULTA FVERUNT, etc. Although many things were proposed against the Bishop of Calinea, yet because extravag de ●tat. & qua. ●ap. vlt. he himself had confessed before us, that he never learned Grammar, neither ever hath 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 jehosophat: 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 stont 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 that 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 bishops 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. Pag. 67 ABBAS VERO, etc. But the Abbot, (whom all men Epis. de statu. Monacho cum ad Monast. § Abbas. 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 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, Si quis Abbas cautus 18. q. 2. Si qui● Abbas. in regimine, humilis, castus, misericors, discretus, sobri●sque, non fuerit, ac divina praecepta verbis & exempln on ostenderit, ab episcopo, i●n cuius territorio consistit, & à 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 & 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 fortè necessitas postulaverit, ut sacerdos, extravag de hereti. cap. cum ex. tanquam inutilis, & indignus, à cura gregis debeat removeri, agendum est ordinatè apud episcopum, etc. 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 presbyteros propter suam negligentiam canonicè degradatos. It is told us, that certain Elders were canonically degraded for their negligence. And here it appeareth (saith the gloze (Quod quis aequè deponitur propter negligen●iam, sicut propter dolum, That one is as justly deposed for negligence, as for collusion, according to the Tenor of the Canon following. Non 1. q. 1● Si qui episc. modo pro heresi vel pro qualibet maiori culpa, sed etiam pro negligentia remou ebitur. He shall not only be removed for heresy, or other greater offence, but for negligence also. Whereunto also the laws of the Empire agree. Pag. 58 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 argentariorum 47. pag. 2 vel numulariorum munera, etc. We command, that the charge of Bankers, and such as lend and exchange money for gain, be not left off by those which only hastily desire to be collegiate men or Deans. If any therefore under the bare covering of a name or title, term himself a Collegiate 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. The reasons and principal grounds of which Laws and Canons are these. Sola possessio non sufficit in beneficijs Ecclesiasticis, nisi adsit extravag de institu. cap. ex frequentibus. ff de decurio. ● Hereminus. canonica institutio. A sole possession is not sufficient in Ecclesiastical benefices, unless there concur also a Canonical institution. Sola possessio non facit aliquem decurionem, sed justa electio. A sole possession maketh not one a Senator or Captain, but a lawful electiction. Et praescriptio non prodest, cùm habent malam fidem. A prescription extravag de prescript. c. 51. diligenti & ●. cum omne. doth not profit, in case it be grounded upon an evil conscience, and therefore sithence men so ordained, be malae fidei possessores unjust possessors, fraus & d●lus eorum sibi patrocinari non debet, Their deceit and collusion ought not to support them. Neque debet quis locupletari alterius iactura, Neither aught 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 ff. de muneribus & honour. l. ut gradatim. § reprobar● authen. de col. jubemus colla. 9 the proof thereof, Reprobari posse medicum à republica, quamuis semel probatus sit, divus magnus Antonius cum patre rescripsit. That a Physician once proved, and admitted by public consent, to practise 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: and that, Propter hominum sanitatem ff. job. iudic. tuendam, for the preservation of men's health. Pag. 69 The Emperor justinian commandeth thus: SI QVOS IV DICES, Cod. de office praefec. orient. l. 3. 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 mayst remove them from their administrations, and place other in their stead. Si carceri praepositus (saith the same Emperor) praetio corruptus, If a Cod de cust, & exhibi. ceu le. carceri. keeper of a common Goal 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, Grammaticos Cod, de. profess. & medi, l. 2. lib. 10. seu oratores, etc. If Grammarians, or Orators, once appointed by common consent to teach Grammar or Oratory, approve not themselves profitable to the students of Grammar and Oratory, for them to be again reproved, is not a thing unaccustomed. For, saith the same Emperor, Reddatur, etc. Let every Cod. de profess. & med, l. reddatur. one be admitted home to his Country, which is known unorderly and insolently to use the exercise of Philosophy. In bell, etc. A Soldier, who in time of war, doth any thing forbidden by his Captain, or doth not keep his generals 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 extravag de renunc c sina. l. 2. § ignominiae ss. de h●●s, qui nol. ●f. the law of man, enjoy life and lands and livings and all. 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 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, that Doctors, which by their Pag. 70 readings or lectures, or not approve themselves beneficial and ●id. cap. de, grad●●●o de ●●ni● lib. 6. Vid. faeli. de rescript. ex lit●ris. profitable unto students and scholars of their profession, may, and aught well and rightly be removed from their office of reading and teaching. Yea moreover, whatsoever he be that taketh upon him the office of a Doctor, wearing the arms and ensigns of Doctors, when as indeed he is no Doctor: Tenetur poena falsi, ff. de f●l. l. eos i●●i. v●d. ●●rt. 〈◊〉 〈◊〉. Cod. de poss. & 〈◊〉. lib. ●0 is to be punished by pain appointed for forgery. 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 indeed but an hireling, and profane Gentile: why should not he be punished with pain appointed for thievery? In Panor. in c. auris, extravag de state at. qua●. the Court of Conscience, a Doctor giving advice, but through 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 through 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, When he is ordained, he solemnly voweth to preach, therefore he promiseth to be come a Doctor. In ● vlt. exit 〈…〉 g. de ●●a, ●e & qualit. both before, and at, and after the ministering of his medicine. 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 Pag. 7●. 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, he must, saith Panormitane, see that the witnesses depose, how that 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 idol 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 their insufficiency and unability, being by this means palpable, are therefore notoriously deprivable, yea, degradable from their benefices and offices. Pag. 72 The distinction of a simple Curate, or of a curall 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 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 off vanities, and forsake their ungodliness, wherewith they have infected their minds in those places, before they thrust themselves as labourers into the lords Vineyard, 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 lords Sanctuary, though Popish Lawyers stand never so much opinionated to the contrary, falsely and traitorously surmising, her Highness, her Nobility, and all the professors of the Gospel within the land to be heretics, and schismatics, and themselves only with their crew and 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 of them, & hitherto by the infinite mercies of the Lord denied them. Pag. 73 The Lord make us thankful, pardon our ingratitudes, and continue these his mercies long towards us and on● posterity. I hope our Prelates and Ministers 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 aliaunts 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 Gosepll, 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 eight, Non debet quis schismaticus etiam abiurato schismate eligi. A schismatic, though he extravag de elect. quis. abjure his schism ought not to be chosen a Bishop. Heretici autem credentes, receptores, defensores & fautores eorum, istorum● filii ad secundam Lib. 6. de heret. c. 1 § beretici. 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 schismatic 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. Pag. 47 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. Pag. 75 NEither doth this rule of law: Multa non 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 and white phylacteries, or mumbling their matins and evensong, are not so forcible to keep them in, as their insufficiency, negligence, contempt, and 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 Lord's 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 Bishop, an Abbot, an Archdeacon, an Elder, a Physician, a judge, an Advocate, a jailor, a Tutor, a Schoolmaster, an ●rator, and a Philosopher, by justice and equity of law, for unability, insufficiency, negligence, or other defects, aught to be deposed, and removed off and from their rooms, places, offices, and honours: how should a pretenced Minister, only intruding himself to an office of most high calling, and excellency, and utterly destitute of all gifts and graces sit for the same, be suffered to keep and retain the proper right and title of an other, as his own lawful possession and 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 ministery of his holy Gospel as whose service, the veriest paynims and Idolaters would Cod. de Epis●. co. & 〈◊〉 l. Si quis 〈◊〉 〈◊〉 12. refuse to have in their Idol temples? And though these be sufficient proofs to every one, not addicted to his own will (preferring the same to all reason) that prohibitus clerica●i debet revocari ad pristinum s●atum, per manus iniectionem; and that servi vitam monasticam deserentes, Cod. de. Ep●sc. ●. & cler● l. 〈◊〉. ad prioris domini servitutem restituuntur. 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. Pag. 76 And that, Infamia non solùm impedit praefici, sed etiam removeri facit à dignitatibus habitis. An 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 Cod de corren. ●●nfamia. lib. 10. & de dig●●tat● l. judices lib. 12. 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 Archbishop, Bishop, Priests and Ministers of Gods his holy word and sacraments, or Deacons after the form and order prescribed in the said order and form, how Archbishops, Bishops, Priests, Deacons and Ministers should be consecrated, made and ordered, be in very deed, and also by authority hereof declared and enacred to be and shall be Archbishops, Priests, Ministers, & Deacons, and rightly made, ordered, & consecrated, any statute, law, Canon, or other thing to the contrary nowwithstanding.) Which statute hath two branches: the one appointing the form and manner of making Deacons and Ministers, the other authorizing Deacons, and Ministers, made and ordered, after the form and manner prescribed in the said book, to be in very Pag. 77 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? Neque eum ff. ad ●●g fall. l. si●● qui § quaedam. v●●um balneum, aut ullum theatrum, aut stadium ●ecisse intelligitur, qui ei propriam formam quae ex consummatione contingit, non dederit. Neither can he be thought to have made any ●ath, or any theatre, or any race, who shall not give it that form which perfecteth the same. Again: ●●●or. in ea. ●. extra. de Iudi● 〈◊〉. Vbi ad substantiam ali●●ius actus exigitur certa forma 〈◊〉 s● super alio actu, debet quis probare formam prae●●ssisse. 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 to 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: Pag. 78 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 cannot have him excommunicated, because Forma quotiescun● non est seruata, actus est ipso ●●re nullus. How often soever 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, Church goods can no otherwise be pawned, or laid Cod. De Sacrosanct. 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 praedium. to gage, then as the law formally prescribeth, because a due solemnity ought to be observed. In fines and recoveries le●yed by the common laws of this Realm, A●torneyes on both sides must be warranted; there must be vouchers and vouch●es; the●● must be writs and returns of writs▪ there must be proclamations, there must be warrants, 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 land passed by erroneous fines or recoveries. Pag. 79 In the first year of Henry the seventh, Chapter 15. 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 emperors 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 esse rei, & eius omissio inducit nullitatem actus. The form giveth being Panor. in c. nul li. nu. 7. de rebu● eccle. non ali●. fol. 59 Specula in tit. de advow § 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 laketh privilege. And again: Solemnitates quae requiruntur in aliquo actu, si non seruentur, actus corruit. Solemnities required to be in any act, if they be not observed, 5. vers. cum ante. Panor. in c. fin. ut lit. none contest. nu. 20. Panor. in c. publicat. de elec. 〈◊〉 ●. Panor. in c. super quaestionum. § veru●●m. de off. deleg. & id in c. prudentiam. nu. ●. cod. the act faileth. And again: Forma non seruata in una part actus, violate totum actum. The form not kept in one part of the act, violateth the whole act. Quia verum est, di cit, 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 solùm quando est attentatum contra formam, sed etiam citra, vel praeter formam: quia ubi forma certa datur, paria sunt aliquid facere contra, praeter 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 besides 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. Solemnitatis omissio ex sola consuetudine inducta, violate actum. The omission of a solemnity brought in only by custom, Panor. in Greg. nu. 14. sol. 17. marreth the act. Ea quae inducunt certam solemnitatem in actibus hominum, non possunt consensu partium tolli, quia pacta privatorum iuri publico non derogant. 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. Insomuch that in this case, Forma debet servari ad unguem, & specificè Pag. 80 & non per aequipollens. 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 aequipollentibus fiat. It is no whit material, whether of the things that be equivalent be done. Moreover, Forma data à lege, vel statute, debet servari à ●●stico, muliere, & 〈◊〉. 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 some case of making Deacons and Ministers. And first, touching their trial and examination. Si quis Presbyter, aut Diaconus, Glos c. quando distinct. 24. ver. in vest. gent. sine aliqua examinatione ordinati sunt, abijciantur ex Cl●ro. E● 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. Pag. 81 EPISCOPUM, etc. A Bishop that celebrateth orders in a day extravag de tempo. ordinand. c. cum quidam. wherein he ought not, do thou correct with Canonical discipline, and until they have received grace from us to be restored, so long oughtest thou to make them to be void of orders received. And again. Sanè super eo, etc. Truly concerning that the manner is (as thou sayest) in certain Churches of Scotland and Wales, to promote Clerks 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 institution, 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, & the ordainors should be deprived of authority to ordain. Thirdly, touching the presentation of Deacons to be made by the Fol. 1. pag. 2. Fol. 1. 1. Archdeacon or his Deputy, and of Ministers by the Archdeacon only, out of many particular laws, this general Maxim is verified. SI PRINCEPS, etc. If the Prince commit a cause to any, Panor. in c. fin. § is autem nu. 5. de office deleg. De offi. c. del●g l. 6. c. si cui etc. fin. extra. de off. c. del●gat. 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 to him the form of his commission. An example of this may be thus. Suppose that the Treasurership in Paul's were void, and that her highness had commanded the Bishop of London to provide a fit man for the same room; whether De office delegat. lib. 6. c. si cui. & ext. de office deleg. c. vlt. now the Bishop 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, and therefore the Bishop being but an executor of her majesties pleasure, he may not substitute any other. But because her highness had commanded the same Bishop of London to have given the same prebend to Lucius Titius, whether then might the Bishop in this case subdelegat Archdeacon Sempronius. And the answer is affirmative, that he might: for now her Majesty by herself- hath nominated the party to be placed, and hath not chosen the Bishop's industry for that purpose, and therefore he may assign this provision unto another. 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. Pag. 82 Now then out of these rules and laws, I conclude, that sithence it hath pleased the high court of Parliament, particularly and expressly by name, to make choice of the Archdeacon, and 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 forsomuch also as in this action consisteth the public benefit of the whole Church, and on the which hangeth the greatest peril and danger of the whole Church: For these causes I conclude, that an Archdeacon only, must & ought of necessity present one to the Bishop, to be made a Minister, & that the Bishop cannot dispense with him in this case, and that neither the Bishop, neither the Archdeacon, neither the party to be made a Minister, neither the Clerks and people present, by their consents, can alter or transpose any thing herein. Publica utilitas est pars agens. Public ff. de pact. l. in publicum. utility is the party agent in this business, and Pacta privatorum iuri publico non derogant. The covenants and 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 and Ministers, and such causes as being omitted, have been sufficient causes both to depose from their functions, those that have been contrariwise ordained, and to punish the ordainers for their negligence in that behalf. And therefore that our conguetied 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, and whereby they challenge their dignities, being in deed no act in law, having no law to approve the same, and 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. Pag. 83 For what if respect be had to one, or two, or four, or more, of the solemnities and circumstances before rehearsed, & those two, perhaps of the least weight and moment, as unto the age, the time, the Bishop's particular interrogatories, and the Archdeacon's 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 proceed by such as please themselves in their own inventions, and be both judges and parties, thus in show and appearance, only supposed to be done by them that are wise and upright justices, and 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, and 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, and are oftentimes omitted in the making of Ministers, and one never called, never tried, never examined, never known to the Bishop 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 Bishop 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 ministry duly: not presented by the Archdeacon, the Bishop making Ministers at Exeter, and his Archdeacon at Oxenford, or the Bishop making Ministers at Lichfielde, and his Archdeacon of Durham: Pag. 48 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 & cherries: not a dispenser of the word of God: not a▪ pastor & steward to the Lord, to teach, to premonish, to feed and provide Foll. 11. pag. 2. for the Lords flock: if such a one I say, yea if too too many such have been admitted into the holy ministery, 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 ministers in every part of the Realm were not glasses, to see these deformities by: and 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 too (if worse may be) are neither feigned nor forged. And therefore I conclude thus. 1 Wheresoever a certain form and 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 sixth and the confirmation thereof, 8. Elizabeth. had no authority to make Deacons or ministers. Pag. 85 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 〈◊〉 qui non sunt rectè in Ecclesi●● constitu●. ff. quand. die●. l●g. vel. fide●. sed l. quod p●pillae i●●at. gloss. Against those that are not rightly placed in Churches. If a Legacy be given unto a Pupil whensoever she shall marry, if she shall marry before she be Vi●i potens, 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 legitime 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 adm●ssions 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 Cod. de autorita. praestand. l. eum qui. 6. ●. 7. si quis deinceps ●x. de simo. non satis. in deed, may be, for that in deed and truth, they have intruded themselves into the ministery, only by fraud and deceit, and have not entered thereinto, Bona fide, & justo titulo, In good faith, and by a just title. He that knoweth a Pupil to be under age, and yet will contract with him without consent of his Tutor: Pag. 86 or he that will receive a Church from the hand of a Say man: or he that will buy and sell Cod. de autorit. praestand. l. eum qui. 6. q. 7. si quideinceps extra. de simo. non satis. Extra. de r●gu. in c. qui contra. A contract made between the Bishop and the minister, not observed things dedicate to religious uses, cannot in these actions mean any good faith, or use any good conscience, because qui contra iura mercatur, bonam fidem praesumitur non habere. He that against law maketh merchandise, is presumed not to have good faith. 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 Bishop, and the party: the Bishop demanding, spondes? putas? 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 In ff. pro solut. l. 3. Cod. de v● sur. l. venditioni. In Cod. de actio. & oblige. l. bonam. fide interueniente, good faith coming between, as well on the part of the demandant, as on the part of the answerer. 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. cessei 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 the guile may cease to the effect of the contract. For though according to the nature ff. de dol. l. elegant●r. ff. de verb. oblige. l si quis e●m. & condition of this contract by word, the party fraudulently deceived, be notwithstanding by rigour & subtlety of law bound to the contract: yet inasmuch 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, & the adverse party to be cleared Pag. 87 from the performance thereof. Quia contractas non sortitur effectum, p●opter 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 in deed 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. Yea, 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. I d●m 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 soever any man shall make a demand by virtue of that contract, inasmuch 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 eight pound, which was worth twenty pound: afterwards I covenant with you simply, and 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. Pag. 88 And therefore in this contract, being against law, appeareth a manifest iniquity, because the plate being worth 20. pounds, was sold by you for eight pounds, a less sum than ten 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 and 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: and therefore much less the common wealth, or the Church of Christ to tolerate their conspiracy, or to bear with their collusion. Non debet alterius collusione aut inertia alterius ff. de Liber. causa. l. si pariter. extravag de regni iure. c. non est. extravag eo. ius corrumpi. No man's right ought to be impaired by collusion or sloth of another. Fraus & dolus nemini patrocinari debet. Deceit and 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. Pag. 89 No man can be bound to a thing impossible, and that Impossibilium nulla est obligatio. Of things impossible there is no band. And ff. de reg. in l. impossibilium. extravag de reg. nu in malis The impossibility of the contract made between the Bishop and the minister, cause that the contract is void. that, In malis promissis fidem non expedit observari. 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. 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 & ministers, & had called by my mandate, men meet to serve the Lord in his holy services, to teach his people, & 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, and 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, lany breaker of the lords sabbaths: Pag. 90 you have been, and are a quarreller 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 dispossess 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 Tantò 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 ministery, stop the mouth of the lords watchmen, and imprison a painful teacher in the Clinke, 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 Pag. 91 his ordinary? And may not the same Bishop remove a man that hath openly played the hypocrite, publicly falsified his word, impiously 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 Uassall? If a Purita●e (as they call him) making conscience to offend his God in any small thing, for his conscience sake be worthy to be whipped and excommunicated; is a Foolita●e, making no conscience to offend his God in all things, not worthy once to be summoned? Concerning an old objection, perhaps by some old canonist to be objected, that every sentence of the Bishop, whereby extravag de elec. c. cum d●● lectus. he pronounceth any man fit and capable of the ministery, 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 posteà emergentem potest quaeri, quia quae de novo emergunt, novo indigent auxilio; & ita semel probatus, ●●er●m 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. Pag. 92 And therefore to conclude, if such as be in authority love the peace and 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 to their own conditions, and like of a kingdom better than of a tyrannous state, then are they to provide betime some speedy remedy for these, and 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 uncontrolled, 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, taunted, 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 s●ily, 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, and are daily omitted in making even the best men that are in the ministery 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 doctrine, 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 Sovereign, 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 Pag. 9●. 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 her 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 whatsoever they know to be commanded or forbidden by the same word, and t●●hewe 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 with●●● true instruction from the Ministers, nor the Ministers without due authority from the Magistrate, aught to wrest any thing into the government of the Church. For both offices, and governments, magistracy and ministery, are very holy and honourable, and 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 reform 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 prophesy against this house, and against this city, all the things that ye have heard: Pag. 94 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 Prophet's show Vriah with the sword: yet ceased not jeremiah to stand in the Court of the 2. King. 2●. ●. 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. 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 grove, and for all the host of heaven, and that He 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. Pag. 93 And Asa 2. Chro. 15. broke down her Idol, and stamped it, and burned it at the brook ●idron: and King Asa did all these things at the counsel of the Prophet. Neither can the holy doctrine of the Gospel be said to be repugnant hereunto. God is evermore 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 and 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 Benjamin, hire counsellors to trouble their building, & 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 Eliash●b, 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 offens●ue 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 Pag. 96, in deed, and by law, a Minister. First, because he is in deed and truth a Messenger, sent and 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, and unqualified, and not inwardly moved, differ as much as light and 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. For where his life, his learning, his conversation, do appear manifestly ●los. extrauag. de prebend. cum secundum As postolum ver. ●eeat. 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 Pag. 97. 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 Bishop should make an hundred ministers in one day, for the authority and reverence of the Bishop, and the good opinion I ought to conceive of his right and sincere dealing, of his holy religion and fervent zeal to the lords house (were I absent, and saw not his proceed 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, and found to have such qualities as were requisite? But to answer an other 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, Cod. de tes●. lib. 1. Cum incertum est aliquid, perinde est ac si nec illud sit. When any thing is uncertain, the same is as though it were not at all: That therefore (I say) as well in this case, and in this respect, as also propter communem utilitatem, & publicum errorem, for common utility, and a general error, the things done by them, are rightly and duly done. Cod. de sentent. & interlo. iud. l. si Arbit●r. S1 ARBITRER DATVS à magistratibus, cum sententiam Pag. 98. 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 ff ad Maced. l si quis. of judgement. And again, Si quis patrem familias esse credideris, non vana simplicitate deceptus, nec juris ignorantia, sed quia publicè patrem familias plerisque videbatur, sic agebat, sic contrahebat, sic muneribus fungebatur, cessabit senatusconsultum. If any shall think one to be a father of any household, not deceiving himself through 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, Hodi● (propter usum ff. de suppel. leg. l. 3. imperatorum) si in argento relatum sit candelabrum argenteum, argentum esse videtur, & error ius facit. Nowadays (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 controverfie of their estate. Propter Digest. de officio pratoris l. Barbarius. publicam utilitatem & communem errorem, praetura scruo decreta, etc. For public utility and general error, a Pretorshippe given to a bondman maketh him Praetor: business dispatched by him are of force, and he made a free man: 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 ministery, and Pag. 99 deprived from their benefices. An Arbiter reputed to be a free man, 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 bondman unto him whose bondman 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 indeed he was a son, under the guard and tuition of his parents, than 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 Praetorship, was by the decree made a freeman, (the people of Rome having authority to make a Freeman:) yet for that he was indeed 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 Bishop, and to exempt them from just reprehension, for placing unlearned men in benefices. The patrons (say some) are covetous, Pag. 100 they will present none, but such as from whom they may either hir● the benefice again for some small rent, or have some annual revenue out of the same. And if the Bishop (say they) shall refuse to admit this covetous Patrous Clerk for insufficiency, or for evil conversation, he may bring an action, Quare non admisit, against the Bishop, and so the matter being put in trial unto the Country, the Bishop, by this means might not only be counted litigious, but also should be at great expenses through the multitude of suits in law, brought against him continually by such kind of Patrons: and yet the matter passing against him by the verdict of xii. men, in her highness secular Courts, no remedy at all against this great mischief. A high point in a low house: if the matter were true, as it is but feigned. For to let pass, that the bishops office is oneris, and not honoris, more painful, than gainful, Et damnum quod De reg. luris l. 6. c. damnum, De reg. juris l. 6. qui sentit. quis sua culpa sentit, sibi debet, non alijs imputari: & qui sentit commodum, debet sentire onus. The hurt which a man sustaineth by his own fault, aught to be imputed to himself, and not to others: and he that tasteth the sweet, ought also to taste the four. And to ●ette pass, that the Bishops have according to their Canons, earnestly and diligently exhorted patrons of benefices to consider Title patrons. proprietaries. fol. a7. the necessities of the Churches, and to have before their eyes the last day, the judgement and tribunal seat of God, and that therefore they prefer no man to any Ecclesiastical living, but him which by doctrine, judgement, godliness, honesty, and innocence of life, is able to bear so heavy a burden: that they do nothing therein, but uprightly, uncorruptly, and truly. To let these pass, I say, I ask, Who made this evil man, or this unlearned man presented by a covetous Patron, a Minister? Did the covetous Patron? No, he is a lay man, he may give no orders. And what reason is it then that a Bishop should find fault with a patron, presenting an unlearned man to a benefice, whom he himself before had preferred unto Pag. 101. so high an office, as is the office of the ministery? Is the benefice of more value than the office? Yea rather, is not the benefice due only by reason of the office? If a man then be unworthy of a benefice, is not the same man much more unworthy of an office? If unwise Bishops did not make unlearned ministers, covetous patrons could Lib. 6. de re● script c. fin. Extra●●ag de aetat. & qua. litat c. accepi● must iunct. Glos in c. cum secundum. Apostolum. vers. Liceat. extra. Depree hend. never present unlearned Ministers: yea, and I say more, Quos idone●s Episcopus reputavit ad erdines, debet reputare idoneos ad beneficium. Whom the Bishop hath reputed meet unto orders, them he ought to repute meet unto a benefice. But (alas) these covetous patrons are great beams in the eyes of the Bishops, Dluralitie-men, and Nonresidents. They fear, if a covetous patron may catch a simple poor man to bestow a benefice on him, allowing him twenty pounds or forty marks by the year, and he to have the profits, that the fat should be wiped from their own beards: and for that hereby they themselves are barred sometimes from fifty pounds, sometimes from ● hundred marks, sometime from an hundredth pounds: and yet themselves allowing their own Curates not past ten pounds, or twelve pounds at the most: yea, and sometimes binding them to to provide their quarter Sermons too. I hope a Christian in modesty, displaying unchristian practices, may without offence report a merry and true ieft. And therefore upon a time in the audience of many standers by, it happened this Pluralitie-man, and Nonresident, taking opportunity by the presence of a Patron at the table, and entering into speech of these matters, seemed to lay the whole fault of not having the people better taught, and having so bad men in the ministery, upon such patrons as he supposed to be present at the Table. The Gentleman hearing his discourse, and perhaps galled too, and knowing him to be a Pluralitie-man, and a Nonresident, in the end made this demand of him. Sir (saith he) is it not as lawful for me, a poor Gentleman in the country, Pag 102. 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 can not preach; as it were for me to give the same benefice unto you an Drenford man, and a great Scholar and able to preath, 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 sirteene or twenty pounds 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 ●●1●●. by an unlearned man, their Parson not preaching, and hiring out his benefice to his Patron, for fifteen pounds 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 forty pounds by the year? Surely, as there cometh no greater good to the people of the one place, by the one, than cometh to the people of the other place by the other: so is the one both less hurtful to the common weal, and also less sinful to the Lord than the other. Less hurtful, because the poor and needle of the one, have oft a good sliver of bread, a good dish of drink at the patrons door, yea sometimes a good meals meat at his table, and a good fire in his Hall. Pag. 103 But touching the hospitality and housekeeping of a Nonresident, his kitchen chimneys are eure like the nose of a dog, ever cold, never warm: his Bailie playeth sweep stake, he purseth his wheat in a fire-pennie bag, and carrieth his barley in a little budget, sometimes forty miles, sometimes an hundred miles, sometimes three hundred from his Parsonage: yea out of Ireland into Cambridge, out of Wales into Drenford, from beyond Lincoln to Salis bury, from besides Leicester to Cumberland, from Malburne to Harley: less sinful to the Lord, because the Patron enjoyeth his right by covenants and goodwill 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 Nonresident, against his promise to his Patron, against his oath to his Drdinarie, without consent of the people, against the law of man, and against the ordinance of the Lord, robbeth and spoileth the people of the tenth of their labours, and 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 Binisters, and 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, and 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 ●e●ence, is an objection in truth not to be objected. The trial of the ability 〈…〉 wh●●●● 〈◊〉 consist in learning or in li●e, is and ever hath been only in the authority of the Church, and never in the power of the laity. First, touching the enqurie of their ability for learning, (to leave to speak of the Canon Law, which a●●●ng 〈…〉 unto the Clergy) the Civil law, and the Canon laws of th●● 〈◊〉 agree herein together, and attribute the enquiry thereof to the 〈◊〉 only. The Civil law saith thus: 〈◊〉 〈◊〉 which are chosen by them 〈◊〉 〈◊〉 unworthy, befor● bid●●▪ to be 〈◊〉, then let the 〈◊〉 holy Bishop procure 〈◊〉 to be or●●●●d, whom he should think mee●est. And thus 〈…〉 thing to belong to the honour & worship of your 〈◊〉 〈◊〉 〈◊〉 building, Church, or otherwise bellowing 〈◊〉 upon them 〈…〉 therein, be thus bold, as by power to bring unto you● 〈◊〉 then to be ordained: but our mind is, that by your Holiness and ●●dgement, they be examined touching the idoneitie of a person preseured to an Ecclesiastiacll be 〈◊〉: by the laws of the 〈◊〉, the examination of him likewise pertaineth to the Ecclesiastical judge, and so it hath hitherto been used, and so le● it be d●●● h●●reafter. And again, Where the ordinary refuseth the Clerk for non ability which is in assue, & the Oridinarie is par●ie, 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 Co●●●●ie where the examination was had. And again, Where the Ordinary, after the patron hath presented, doth inquire and find the Clerk to be criminous, and the ●●me 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 〈◊〉 〈◊〉 but cont●●●wise, if he be a spiritual man, note the difference: for he may know his own Clerk. But were it so, that the La●●● had power therein, and that the Archbishop were exciu●ed yet if the Bishop, after he were compelied by process from any of ●er highness temporal courts of justice, to admit an unable Clerk, ●●d forthwith call this unable Clerk into his Constitorie, and ob●●ct against him his unability, and for the same degrade him of his office, What remedy had the same Clerk against his Ordinary 〈◊〉 this case? He being once deposed from his office by his ordinary, the common laws should have now no remedy to help him, he ●●ing no more to be called a Clerk, and therefore not to bring any ●●it, or comm●●ce any suit against his ordinary in the name of a Clerk. But we will conclude. Pag. 105 Since the stature of 25. Henry the ●ight hath authorized all Canons, Constitutious, and Synodailes ●ou●nciall, made before that statute, ●ot being contrariant or repugnant to the laws and customs of the 〈…〉 her majesties preroga●●e royal, to be 〈…〉 and also since these Canons, Consitutions, and 〈◊〉 ●●●●●ciall before specified, were ma●● before the 〈…〉 trariant nor repugnant to the laws & 〈◊〉 of the 〈◊〉 〈◊〉 derogatory to her highness 〈◊〉 royal●: 〈◊〉 since they are agreeable to the laws & usages of the tealms, and uphold her 〈◊〉 royal: And, since by these canons & other Ar●s of Parliament, and her highness, Injunctions i● is 〈◊〉, that men learn●●● that men 〈◊〉 〈◊〉 meet to ●each, are to be placed Ministers in the Church, and that men utterly unlearned, and such as ran 〈◊〉 〈◊〉, in 〈◊〉 〈◊〉 or Mass, are not to be admitted: that therefore a 〈◊〉 ministery is commaund●● by the Laws of 〈◊〉 〈◊〉: And if so then an unlearned ministery forbidden by the same Laws: and if so, then by the same Laws, such penalties 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in●●●●●● upon the 〈◊〉 of the 〈◊〉 〈◊〉, as by the 〈◊〉 laws are hol●●●●●● 〈◊〉 against 〈◊〉 wilful Law-breakers. AN ANSWER To the two first and principal Treatises of a certain factious Libel, put forth lately, without name of Author or Printer, and without approbation by authority, under the title of An Abstract of certain Acts of Parliament: of certain her majesties Iniuctions: of certain Canons, etc. Galath. 5. He that troubleth you, shall bear his condemnation whosoever he be. Hieron: ad Pammachium. epist. 26. Facilè abiicitur, quod haeret extrinsecùs: intestinum bellum periculosus est: coniuncta disglutinamus, unita dissuimus. Published by authority. LONDON Printed for Thomas Chard. 1584. Concerning the Title and the Epistle of the Book. IF the author of that book whosoever, had been moved of good zeal and conscience (whereof in every passage of it he giveth evident proof to the contrary) to have advertised governors of this church and church matters, of some wholesome laws Enforce, to them) as he pretendeth) Unknown, and therefore necessarily by them unpractised, to the intent his admonition might indeed have been profitable hereafter, For the peaceable government of the church, it had been then as much thank worthy in him, as now, savouring so strongly of rancour and contention, it deserveth punishment. But then would he not have foisted it to a makeshift, to have been printed in hugger mugger, but would have addressed it to those, unto whom the execution of such pretended necessary, and yet disused laws, appertaineth: then should not the printed copies there of, as not daring to look out at noonday, have been so soon shuffled up, and sent by hundreds into mutinous places abroad, thought most to favour such factious writings: then should not his alleged texts of acts, canons, &c: have come out accompanied with such perverse glosses Quae corrumpunt textum, particularizing at pleasure, Tanquam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, upon such persons as his distempered affections cannot brook: neither would his book have grown to that bigness, but that it might well have carried the title of an Abstract, whereas now by wring and wresting, by shrinking and stretching of laws, by gnawing and nipping at particular men's dealings calumnious●ie, and traducing them Quasi in veteri comoedia both the author doth seem Distract of modesty, and by his book is found Tanquam sorex proprio judicio, to want that insight in law, that he would so feign be entitled unto. In which Acts, iniuctions, canons, &c: because he was loath to appear to have no more skill than ordinary, he saith they were For the most part heretofore unknown: whereby he must needs For the most part hold those excused, of whom they were unpractised: and therefore in his book ought not so eagerly to have bitten at them, for undue practice of such mysteries, as till now it pleased him not to reveal unto them. And surely, looking into the present time & occasion, I cannot be otherwise led to think, but that this proctor, of perverseness being nettled that his clients are now by force of her majesties godly laws, sought something to be recalled back, from their fantastical breaches of the lawful unity and uniformity of this church, too long by them used to the great animating of the papist: and that none of his private hot apologies for them do give any sufficient colour of law or equity to protect them, doth now think, he shall be sufficiently therefore revenged, by beating back one nail with another, and by objecting breach of law also unto those grave Fathers, whom her Majesty hath put in authority, for reducing of others to conformity of her laws ecclesiastical. Whose faults and oversights (if any such be as are supposed) as they are not by themselves defended, or by others to be excused: so in christian charity, ought they not in this manner, as Cham did his father's nakedness, to be laid open, and Quasi in scena insulted upon, to the thrusting through of religion, by the sides of the ancientest, learnedest, and most godly professors thereof. Neither doth it become every triobolar mate, thus covertly to carp, either at her majesties singular wisdom, who with the advise and assistance of her renowned wise council, hath made choice of those Fathers, as having more integrity and sufficiency than he is willing by any means to agnise: or at the laws of the land by parliament heretofore established, where they satisfy not his appetite, not only disputing against them, but overruling Quasi ●●nsoria virga, in what manner they ought to be altered, according to his deep judgement: or so dangerouslye to enforce so great innovation, or yet so spitefully to sow seeds of dissension, amongst the Great men of the land. Which course of his, if others should upon this occasion begin to use against himself, and those whom he so affecteth by setting down, out of their speeches, preachings and writings, gross absurdities, and dangerous errors in opinion, and by their practice the violent breaches of sundry laws and statutes of this realm, not committed upon ignorance or frailty, but stoutly stood unto, and maintained; I do conjecture, that both he and they would quickly repent them, for offering to put their matter to trial upon such an issue. But it is well known to children, that, although it is * 3. q. 7. c. quisine c. judicet. c. postulatus. most convenient for him to be free from blame, who is ready to accuse or judge another, yet one man's fault is not any warrantise for another man to do amiss, and yet how little he hath found or effected of that, which he hoped for, and Tanto cum hiatu promised, the discourse following shall (I hope) in part make manifest. IN his Epistle to the Reader is pretended, these pains of his, cheeflye to have been undertaken, that By better execution of these laws, many and notable points of such controversies as have been a long time amongst us, might more easily and speedily by the same laws he decided. By which controversies and contention about Reformation of Ecclesiastical discipline and popish ceremonies, he saith, The quiet and peaceable estate both of the church and commonwealth, have been shrewdly troubled, and brought in hazard. Surely though his wish of excommunication, not to be inflicted by one alone, would (if it were expedient) put some of them in a kind of Paradise, of obtaining their sovereignty of seniors in every parish, the want whereof breedeth these threats of hazard to the commonwealth, and which is the only thing they mean, by Reformation of ecclesiastical discipline, and the Helena which they contend for, nay the popedom which they gape after, as though no other course (this now in use being once abrogated) could be taken or devised, but that: yet can I not conceive, but their seniors, which will sometime intermeddle under pretence of conscience or charity, with every kind of matter most civil, even to the reversal of judgements, as is notorious where that consistory is settled: shall lose as much another way, if all matters now handled in ecclesiastical courts should * Pag. 234. (according to this man's devise) as mere civil causes be haled away from them, unto the temporal courts. As for all the other points of the book, if this turbulent Tribune, might of his absolute power, inspire them with the life of laws: they would no more do good unto his clients about their breaches or impugning of the book of Common prayer, or for their hot skirmishing with the ceremonies of our church, odiously by him termed Popish, than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or the smoke of a hot ladle would do good to a man that is hungry. And therefore herein, he hath not (otherwise than by tickling factious humours, which are delighted to hear their betters girded) any ●ot pleasured His brethren and neighbours, for whose sakes he hath achieved this doughty piece of work. Another cause is alleged for the enterprise of this work, The defence of her highness laws, How many of these by him brought, are to be called in truth her majesties laws in force, remaineth to be discussed. But how agreeth this with that * Pag. 238. part of his book, where he calleth these her majesties laws and all The eccelesiastical law popish, to be abandoned, and as a froth or filth to be spewed A contrariety in the author. out of the commonweal: that her Majesty cannot gratify her capital enemy so much, as by authorising and practising his laws: that it were not a dodkin matter, all the books thereof were laid on a heap in Smithfield, and sacrificed in a fire unto the Lord: etc. Such faults as these being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will seldom be wanting In multiloquio. But I pray God, send her majesties laws better patrons, than such: as in a published book dare dispute against sundry of them, father such for laws as be not, and which he himself in a generality doth condemn: and which fostereth and cherisheth manifest and wilful breakers of her majesties laws in deed, and also inveigheth bitterly against such, as according to law and trust reposed in them, by her Majesty, do seek to reform and reclaim such offenders of law, from their former contempts, in despite of whom, and in favour of such wilful law breakers, all in this book to have been written, a man which hath but half an eye, may easily discern: and not In defence of her highness laws, as hypocritically is avouched, neither yet for any Peace and prosperity in the walls and palaces of jerusalem, which I pray God by other better means than this, to grant to this church, under the long, peaceable, and prosperous government of our sovereign Lady Elizabeth, for his Christ's sake: Amen. The Book, Pag. 1, & 2. WE read of some politic captains of this our country, that have partly used the arrows shot short at themselves, against their enemies, and partly have suffered them to stick still, to annoy their first owners at the joining of the battle: even so, our author is here content very politicly, to allege against us the establishing by act of parliament 25. H. 8. of Canons, constitutions, ordinances, and synodals provincial, to the intent, and in hope to beat us with our own weapons, and not for any love or liking he beareth unto them: which he sufficiently bewrayeth in sundry * Pag. 238. parts of his book, and is sorry (I dare say) that so much of them is in force. And although it cannot be denied, but that many of them were published by latter Popes, after that See was become the chair of pestilence, a cage of unclean birds: Et postquam civitas fidelis facta fuit meretrix: yet such amongst them as fight not with the everlasting word of GOD, or the laws and customs of this land, being set down no doubt by advise of the best learned lawyers in those times, though under Antichrists authority, and being now indenized and made English by the whole church and commonweal in parliament, are no more in that regard to be abandoned, than wheat because it was invented by the heathen goddess Ceres, many good civil laws of the Romans, set out by Paynims and cruel persecutors of God's saints, (for no one author of the Pandects is thought to have been christian but Gaius) or than precious Stones, and gold of Ophir in salomon's time, because as some * Goropius. think they were fet from among the Cannibals, eaters of man's flesh, and other parts now called the West Indies, being both then and now gross idolaters. And howsoever many of the said Canons, &c: do carry with them, the dross and superstition of those times, being promulged for the upholding of Popery: yet for many points (I believe) all the best heads now in the world being laid together, and taking no light from thence, were not in many years able for sincerity and equity, to set down the like ordinances in those causes. And no marvel, seeing they were both upon mature deliberation of the best lawyers delivered, and were so long in gathering together, upon several occasions, from time to time falling out, which for the variety of them, no one man's life is possible to have experience of, and therefore ●●ns wit not able to forecast or provide for. But I muse how this could so escape the critical and Lynceus eyes of such an Aristarchus, as that he which rappeth out so many syllogisms in Barbara and Darij, throughout his whole book, should be so ignorant (for I will not say it was of malice) as, in that argument which he maketh the groundwork to set his whole frame upon, to deliver us a Fallax 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by curtaling off, in Assumpto a A childish fallacy in his principal reason. piece of his Dedium, and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make Quatuor terminos in his principal syllogism. For although it be confessed on all parts, Such canons, constitutions, &c: as 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, as they were used and executed before the making of that act, shall now still be used and executed: yet if he would have assumed in his Minor proposition (as by the rules of reason and reasoning he ought to have done) that those points which he toucheth in his book, were Not repugnant to the customs of this realm, but were in use and execution before the making of that act. (All which he cunningly left out:) then because we learn by law, Quòd facta non praesumuntur, matters in fact are not intended to be done, till they be proved so: we would have put him to his proof herein, as we must do still, and in the mean time say, that he hath gaped wide to say nothing to the purpose, and that in his whole book he hath talked, but not reasoned. So that till he can make it appear, that The canons specified in any part of his treatise, are not contrariant or repuguant to the customs of this realm, but were used and executed before the making of that act: he can not enforce the use of them now, being by the act limited to be used and executed no otherwise, but as they were before the making of it. Which answer might serve, without any more ado, unto his whole discourse, which therefore hangeth no otherwise together, than Scopae dissolute, or than a rope of sand. Yet we will not deal so sparingly and peremptorily with the man, but will show unto him divers canons, constitutions, and synodals provincial, neither Contrary nor repugnant to the laws, nor to the damage or hurt of her majesties prerogative royal, which having not by the customs of this realm been used, and executed, he himself being better advised, will not say to be in force of law, or now necessary to be put in v●e or practise. And although the general word of Constitutions, put down in the act may seem to extend unto constitutions made by christian emperors, for ecclesiastical persons and matters, as the author seemeth to think, whereof sundry to this purpose might be brought: Pag. 16 yet because it is put after Canons, whereof (saving some canons for matter of faith agreed on before, by certain general counsels) there were but few set out at that time: I do conjecture vone other constitutions to be meant thereby, but such Provincial, as were gathered together by Lindewood, or national, as were framed by Ottho and Octobonus: and therefore I will not weary the reader with such superfluous allegations. First therefore to begin with the canons collected by Gratian, it will easily appear that there be very many such which are neither repugnant to any laws that I do know, or have heard reported for laws within this land, nor hurtful any way to her majesties royal prerogative, which yet are by general custom thereof, so long disused, that no man can justly say they are in force still, amongst us, which for brevity sake, I will set down in as short a summarye as I can find them gathered. a De confir. dist. 5. c. cont. That rules of Physic are to be holden as contrary to a divine state, which in some case forbidden fasting. b Ibid. c. ut ieium. c. ut episc. That none are to confirm, or to be confirmed, but fasting. c c. in Synodo. dist. 4. de Baptismo. That baptism must be conferred with three dippings into the water. d c. pervene dist. 3. de feriis. That a man may not fast on the Thursday. e c. quoniam ibidem. That on the Lord's day, or in the feast of Whitsuntide, in praying we ought not to kneel. f c. ecclesiam 1. dist. 1. de feriis. That a church may not be consecrated to holy assemblies, wherein a pagan or heathen hath been buried. g Dist. 3. de paenit. per totum. That public and solemn penance may not twice be inflicted. h 32. q. 1. c. apud S. crimen. That women may not sue their husbands for adultery. i 32. q. 1. c. sicut. That he is an abettor of filthiness, that putteth not away his adultres wife. k 30. q. 3. c. quod autem. That a man and a wife may not promise for a child in baptism together. l 30. q. 1. c. pervenit. That if a man by any casualty should offer his own child to the Bishop to be confirmed, he ought to be separated from his wife. m 28. q. 1. c. idololat. That a man may lawfully put away his wife, which seeketh to persuade him to that which is evil. n Ibid. c. non solum. That she which maketh an image. and will not repent, is to be put away by the husband. o 26. q. 2. sed & illud. That it is a kind of idolatry to search after the course of the stars. p 24 q 2. c. vlt. That heretics after their death are to be excommunicated. q 23. q. 8. c. si nulla. That without great necessity, it is not lawful to go to war in Lent time. r 23. q. 4. c. sicut. That with the enemies to religion, we are bound to wage war. s 22. q. 5. c. honestum. That a man ought to be fasting when he taketh an oath. t Ibid. c. si quis convictu That he shall never during life be admitted to communicate, which hath suborned perjury. u 22. q. 2. c. dolo. That he may be accounted to have forsworn himself, that goeth about to do otherwise than he hath promised. x 15. q. 3. c. terrio. That a woman may not be admitted to accuse a priest, or to bear witness against him. y 14. q. 2. c. quanquam. That to public instruments, priests are not to be called to bear witness. z 14. q. 1. c. Episcopus. That a Bishop though he be urged, ought not to go to law about temporal matters. a 12 q. ●. c. vlt. That a Bishop dying intestate, the church succeed wholly into all his goods. b 12. ●. 4. c. presbyter. That of those things which priests do buy, they should make the writings in the church's name. c 12. q. 2. c. Episcopus. That a Bishop having no heir, aught to make the church ●ys heir. d 12. q. 1. c. dilect. That all clerk are to live together in a community. e 11. q. 3. c. Clericus. That he which would appeal from a Bishop, must she to a synod f 11. q. 3. c. si Episcopus. That a priest, which is deposed by a Bishop must complain thereof to the next Bishops. g 1. q. 1. c. decrevimus. That the Bishop ought yearly to visit his diocese. h Ibidem. c. antiquos. That he ought to have the half of all oblations. i 2. q. 7. c. ipsi. That none should be admitted to accuse or testify against a Priest, which either was not or could not be a priest himself. k Ibid. c. oves. That the sheep ought not to accuse the shepherd, except the serve from the true faith. l Ibid. c. sicut. That lay men may not accuse clergy men, nor clergy men those of the laity. m 2. q. 5. c. nullam. That a Bishop cannot be condemned, but with seventy and two witnesses. n 3. q. 4. c. sacramentum. That an oath is not to be exacted of priests. o 1. q. 2. c. Clericos. That he which is able to sustain himself of his own charges, should receive no stipend of the church. p c. dictum est dist. 94. That Archdeacon's should not exercise jurisdiction over priests. q c. Diaconi. dist. 93. That there ought to be seven Deacons in every city. r c. si evangelia. dist. 55. That a priest which hath lost his eye, is not to receive any duties. s c. aliquantos. dist. 51. That such as have served in wars, or have sued in courts after they were baptised, may not be ordained. t c. illud. dist. 50. That it is not lawful for a clerk to do public and solemn penance, nor for him▪ that hath such penance to be performed, to be ordained. u c. non oportet dist. 42. That it is not lawful to eat, or to have a bed set in a place that is dedicated to God. x c. elegant. dist. 37. That Bishops are to be reprehended which train up their children in humane learning. y c. Episcopus ibidem. That Bishops may not read books compiled by heathen men. z c. Presbyteri dist. 34. That priests may not be at marriage feasts. a c. denique d●st. 4. That those which be in clerical orders, should begin to fast at Quinquagesima. b gl. in verb. supra vires c. illud 10. q. 3. That all clerks should abstain from flesh, seven whole weeks before Easter. c ad eius dist. 5, That a Bishop when he visiteth, must have nothing to drink but milk. And that a husband ought not to keep company with his wife, till the child that was borne betwixt them were weaned, with divers other not unlike to these. In like manner there be divers other parts of the canon law, which neither being repugnant to any laws in this land, nor hurtful to her majesties prerogative: yet being disused, and therefore repugnant to the customs of the realm, do stand in no force with us at this day. As ( a c. cum 〈…〉 ses etc. relatum extra de testamentis. ] where it is required to the testification of every testament, even in that which is Ad pias causas, that the minister of the parish be present, beside two other sufficient witnesses. Whereas by general custom among us received, and as it is testified by divers lawyers reports hereupon, two good witnesses are sufficient. Also if a man make his son his heir, or (as we equivalently to that do now use and speak) his universal and sole executor, and do charge him to pay and make over to some other his whole goods, dues, and credits, by the canon law he b c. Rainutius etc. Rainaldus extra. de testam. may retain Legitimam iure naturae debitum, his child's part, which by the civil law Falcidia & T●ebellianica is a fourth part, but by the canon law a third part: and also the fourth part of the remnant per Trebellianicam, c L. Papinianus S. si quis impubes ff▪ de en off. testam. juncta gl in S. meminisse ib. especially if the said charge were to be performed after some certain day or condition happening: yet by the custom in England which hath prevailed, he shall in this case without either of these deductions, so long as there is Assetzentre les mains des biens & chattels paternelles, restore and pay according to the devise comprised in the will. d c. 2. Ext. de adulteriis. Again, if a single man commit fornication with a single woman not espoused to any, he is to end● where with a dowry in stead of her father, and to take her to wife, according to the like law of God in the 22. of Exod. And the canon addeth, that if he refuse to marry her, he shall besides endowing of her, be also corporally chastised: yet we have no such necessary exacting of a dowry in use among us. e De consecrat. dist. 3. c. celebritatem & 6. q. 1. c. omnes, etc. illi qui. Moreover, by the canon law every sinn● is reputed to make a man infamous, which is not observed in England. f c. hoc ius. 12. q. 2. Likewise the canons do forbid, any thing belonging to the church to be sold any whit above the just value, which is not required nor looked unto in this realm. g L. scimus C. de iure deliberandi. & l. haere ditariis C. de haered. acti. Furthermore, though both by the civil law and practice in this land, the heir or executor is not tied to pay more than the inventary (truly made) will amount unto: yet the h c. in literis Ext. de rapt. 16. q. 6. c. si. Episcopum. canon law seemeth not so to distinguish, but to bind the heir or executor, to whom any part of the deads' goods do come, to a full satisfaction. And the canon law seemeth wholly to i c. 1. de torneamentis c. unico de sagi● condemn by the word Torneamenta, all justing, running at tilt, tourney, or such like commendable exercise of the body used in England. Yea, and elsewhere prohibiteth even our notable old renowned defence of archery, to be used against any christians. k c. 1. & 2. dist. 6. Moreover, the canons (clean contrary to the practice in many places of England) do forbid all bastards to bear any office of credit or charge. And I think that it is not ordinarily in practice in this realm, if a clergy man being a patron, do present an unworthy clerk to a benefice, that thereby the right of collating should be devolved to the superior, which the l c. cum nobis Ext. de off. ordina●ii etc. cum in cunc●●s Ext. de electione. canons do appoint against him as a punishment. Moreover though the canon m ●. cum in off. Ext. de testament●●. law be directly to the contrary, yet it is a general custom through England, and so testified to be by the n Gl. in verb. lega●. c. statut. provin constit. de consuetud. gloss in Lindewood, that a beneficed person may freely declare his last will and testament of all 〈…〉 h movable goods as he is possessed of, being gotten in respect of the church. And again, even against our own provincial constitutions, custom in some part hath very far prevailed. For the constitution provincial is so far from taking away from the executors the emblements sown upon the glebe land by the incumbent afore his death: that if he do o Prou. Constitutio. De consuetudine c. nullus Rec●or. live till the feast of the Annunciation of the blessed Virgin, all the fruits which for the other part of the year are to be received, shall be employed to the payment of his debts, and fulfilling of his legacies and devices: which now is generally grown out of use▪ and the exetutors of such a beneficed person shall have no more fruits, what ti●● soever the incumbent shall die, but that which the d 〈…〉 of his death (whether it were hay, corn, or fruit) was severed from the free hold. Which course I have read to have been also observed, even before the statute of 28 Hen 8. Besides it p 3. H. ●. 〈◊〉. 〈◊〉 Encumbent & ●●l●b. 1. appeareth by divers books at the common law, that if a beneficed person do die before the conception of our Lady (as they term it) being the 8. of December, the emblements and corn which he had sown before upon his glebe-land, are due to his successor, and not to his executor. There is another Constitution also out of use, as being such, which custom hath very long prevailed against that in a cause of matrimony, 〈◊〉 sentence were given for the matrimony, the advocate which was of counsel against the matrimony, should be suspended from practice, by the space of one whole year afterwards. And again, there was a provincial q Prou. 〈◊〉 stit. de vita & honesta●● cl●ricorum. 〈◊〉. constitution made, being neither repugnant to the laws of this land, nor prejudicial to her majesties royal prerogative, for certain kind of apparel, not to be worn by any clergy man: which I may not doubt but our Abstractor and all his complices will easily grant to be past date, as being foreworne by contrary custom. Like as there be some other also, which though I do no● doubt but that they obtain still the force of law amongst us, yet these men will willingly yield to be sufficient, that they have lost their string, even by custom itself. Albeit the Abstractor left it forth of the Minor of his main syllogism, as though it were not able to impeach the validity of a law once established. r . For a Constitution provincial decideth, that he which denieth that a Synod assembled may not make such laws, which may inhibit a preacher from preaching ●ill he be tried, is to be excommunicated. Which is to be understood of such laws as were established in convocation before any act of Parliament was set down to abridge that liberty. Again, s ●bidem another constitution hath decreed▪ that Where either the clergy or the people of any place, have admitted any man to preach which is not licensed, there that church should be interdicted. And another hath t Ibidem. also determined, that If a preacher before the clergy shall preach of the faults of the laity, or before the people shall preach of enormities of the clergy, he shall be punished by the Ordinary of the place, according to the quality of his offence. These few thus alleged, being such as for the present time I could hit upon, I thought good to touch as a surplusage for the more manifest refelling of the crafty defective Minor of his chief argument, which if he had dealt plainly in, and had laid forth the Medium thereof fully, as it is in the act of parliament, he could not but have foreseen, that he should have had more ado, to have proved all those Canons, which he allegeth to Have been used and executed before the making of the said act, in such sort as he would urge: than he had to gather so much stuff together in view of the simple, being in truth to so slender purpose, in the judgement even of all such as be but even meanly skilled in those laws. To the first treatise of the Abstract, That a learned ministery is commanded by law. A Preamble before the examination of his proofs. IT seemeth to me that the principal scope of the author of this book was, covertly to bring the governors and government ecclesiastical of this church of England, into contempt, hatred and obloquy, specially with prejudicate and unwary readers of it; as though the said governors were either grossly ignorant, or wilful breakers of laws, canons, etc., in force, touched in this book; yet in other points ready enough to put in ure other Canons, Constitutions and Synodals provincial of like nature, which serve better for their purpose. If this were not his drift and mark whereat he aimed, he would not have set the article of A learned ministery by law commanded, in the vaward, and therein have spent almost half his book: whereby belike he thought simple or affectionate readers would easily be led to imagine, that the chief governors in our church matters, do hold some opinion to the contrary thereof, tending to the upholding of ignorance in ministers. Wherein let the wise consider, what injury & indignity (under hand) he hath offered to this church, to feign that to be holden & maintained, A slanderous insinuation. which is not: and by joining héerin with the common enemies the papists, and strengthening their hands, who also, in their seditious books, do harp much upon the ignorance and dissoluteness of our clergy. And yet (howsoever some Bishops peradventure inconsiderately heretofore have laid their hands upon some very ignorant ministers, which thing, neither other godly men in them, nor they in themselves do afterward like well of) his own conscience (I dare say) doth witness unto him, that this church, and the godly governors therein, do disallow an ignorant ministery, & do with all their hearts wish it were possible (Rebus sic stantibus) that every parish had a sufficient able preacher. And therefore his thick allegations of canon law as to this purpose, are Pag. 239. (as he speaketh of the said law elsewhere) Needles, bootless, and footlesse too: brought in to no purpose, but to puff up, and to make his book swell, and withal to give him a plain song or ground, to make his scolding faburden upon. But seeing throughout his discourse upon the said first article, he exacteth of every minister more than Mediocrem & competentem scientiam, immò eminentem, and as Pag. 16. it seemeth such as S. Paul propoundeth to every minister as a perfect Idea, what is requisite in him: which is, that he be able to teach sound doctrine, to comfort, to correct 2. Tim. 3, 16. and instruct, and to revince any error; and thinketh Grammarians and Poets, Philosophers and Rhetoricians, though they have spent many years in the universities, Pag. 72. not fit straightways to be made Physicians of souls: insinuating withal hereby, that the Bishops that have ordered or tolerated any not so perfectly qualified, to have neglected their duty, &c: In these respects (I say) it had been more convenient for him, to have tendered another issue, upon some points in practice of our church, rather than thus to have fought with his own shadow, Et in re minimè dubia testibus uti non necessarijs, in seeking to prove that which no man denieth to be most requisite, if it could be brought to pass. For the issue ought to have been to this or like effect? Whether it be simply unlawful, that one should be admitted to minister the sacraments, which is not sufficiently enabled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Rom. 15, 4. 2. Tim. 3, 16. 1. Tim. 3, 26. Titus. 1, 9 that is, to divide the word of GOD aright, and is also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, able to teach the truth and convince error, and to correct sin, and instruct to virtue and good life, and to comfort the weak. Or else, whether it be expedient, that all the parishes in England either not able to sustain such a learned minister, or for the scarcity of such so well qualified, not able to procure one, should be destitute of public prayer, and administration of sacraments, till such a preacher be procured unto them, or no? But seeing it was not for his advantage to speak to purpose, being an easy matter to carry away the prize, where no man striveth; it were a sufficient answer to all his first article, to yield: that there ought to be established (as near as possibly may be) a learned ministery every where in the church. Yet will it not be amiss a little to look into his clerkelie proofs hereof, and by the way to point at the violent and furious affections, whereunto the sharpness of his humour, against particulars, doth lead him: and also to touch divers other absurd positions and paradoxes, upon occasion of this treatise, by him here and there interlarded. 1. Section. Pag. 3, & 4. AN ancient Father saith, that the friends of job did handle an evil cause well and cunningly, but job having a good cause, did handle it but slenderly. In like manner it fareth with this author in this section, and some other parts of this first article: so that except I saw where matter wanteth, that he furnisheth out his talk with bitter and earnest words, a man would judge that he doth but Praevaricari, as the civil law calleth it: when a man seeming seriously to deal against a cause, omitteth purposely, what to best purpose might be said, and playeth booty, to betray the goodness of the cause. For where he should prove, that the canons do require such learning in him that is to be made a minister, as he painteth out in divers parts of this treatise: in stead hereof, he chooseth to set in the first rank out of the Decretal De electione, the chapter Nihilest, in deed to no purpose. For the said chapter (as he himself well perceived) and therefore by preoccupation sought to answer (Sed quàm foeliciter?) pertaineth A law wrested. only to dignities elective, whose elections to the said dignities, are to be confirmed by their superiors, whether by Bishops, abbots, Provincials of their order, or other whosoever. Now such so to be elected, are for the most part before their elections, in some clerical orders, * Gl. in c. officij tui ver. incontin. Ext. de electione, & electi potestate. or else there were no colour at all, according to later canons, for the superior to confirm them, the election of their person being otherwise to all intents merely void. But he saith, that What election and confirmation is to superior functions; that is, presentation and institution for enjoying of inferior benefices. Wherein he disputeth not Ad idem: for he knoweth that one, who is a minister already, and of competent gifts to answer in Latin to the articles of religion, agreed upon, &c: can not in this Realm upon presentation be hindered from institution by the Bishop, but he may recover the benefice by Quare impedit at the common law; and therefore this canon can not be in force, or be extended to punish the Bishop, for instituting such a one, whom he cannot by the laws of the land refuse. But peradventure (he will say) by presentation & institution he meant the first ordering of him to the ministery, which is mere voluntary in the Bishop. A contrariety to himself. Yet herein, as he speaketh improperly, so doth it impugn the rest of this man's platform: for he would not have any absolute orders given, but when some place is void, and that with election of the people. And if to bring a Bishop within danger of the penalty of this canon, he will have him to have something to do in this action of calling to the ministery, which shall be arbitrary for him to do, or not to do; as to lay his hands on the elected: then are he and his clients at another mischief by leaving it still in the Bishop's power to reject their new elect. He enforceth also, that howsoever the words may lead a man, to think this canon to be meant for superior and elective prelacies only; yet the reason of the decree fight also as strongly for ministers, aught to make the law to be accounted alike in both. Which being grounded upon this rule, Vbi eadem ratio idem ius, I must put him in mind that the said rule * L. ●61. in fine ff. de judicijs. l. illicitas. 6. § qui universas ff. de officio praesidis. holdeth not, where the law itself, notwithstanding some general reason thereof be alike, doth otherwise in another place dispose * L. 1. a ff. de reg. juris. Quia non exregula ius, sed ex iure regula sumitur. And so it doth in this matter, as may appear in the same chapter Nihil est, where a little after the words by him alleged not this punishment of suspension and bereaving of power to confirm the next successors election, is inflicted for that Bishop which shall prefer to holy orders or ecclesiastical benefie●s, such as cannot worthily fulfil the office to them committed, but the penalty in that case by canons provided. Which words though the author thought good not to allege; because they make no mention of any insufficiency of knowledge, and would be racked to no further office than to an ability of saying mass, wherein the chief and as it were the only mystery of popish priestcraft consisted: yet in the Mayor of his second syllogism, where in a generality Of worthy executing his office, they seemed to speak more aptly to his purpose, he was content to use them, though they do indeed quite overthrow his answer of the identity of reason, in both the cases. For how can it be intended, that one and the selfsame thing is by those words meant and disposed of, where the lawgiver (as in this place) provided a diversity of punishment in the cases of confirming a man's election: for knowledge insufficient etc., from the penalty of such a Bishop, which should order a man, that could not execute worthily the office committed to him? For the penalty inflicted elsewhere by the canons upon the Bishop, which shall prefer men utterly unworthy, to holy orders, ecclesiastical preferments, or benefices (of which the * Gl. ibid. in verbo suspenditur. gloss showeth this decretal to be meant in that behalf, where it saith; If they will escape the penalty of the canons) is to be * C. cum in cunctis Ext. de electione, etc. grave Ext. de prebendis. suspended from giving of orders, or collating of benefices. And to make it more clear, that so much of this decretal, as our author allegeth, is only to be understood of superior prelacies and dignities, and not to inferior benefices, the gloss objecteth and resolveth thus; This seemeth contrary (saith the gloss) to C. grave infra de praebendis, because there, he that preferreth unworthy men, is not punished till he have been twice or thrice rebuked & admonished of it, but here he is presently punished without any admonition: also here, those that are promoted, are removed, but there they are not: it is to be answered, that here he speaketh of those that are promoted to dignities and government of souls, and for that they do more deeply offend, they are more grievously punished, even without any admonition: but in the other place he speaketh of mean benefices, in which such great ripeness is not required. Which to be no greater or exacter a matter than to be able to say mass, doth appear by that which * Panorm. in c. vlt. de etat. & qualit. in fine. A fallacy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Panormitane allegeth out of Bartol. Neither can the general acception in law of this word (Praelatus) sometimes applied to an inferior minister, help this pitiful proof of his. It is a Fallax to gather, because it sometimes so signifieth, that therefore in this place it should so be taken: yet there is no such place as he quoteth here out of C. sua. de clerico aegrotante. But if we should gratify him so much, as to suffer this canon to go for good payment in this behalf: yet if it be A law forged. said, that most of the ministers of this church, at whom he shooteth this bolt, are not of that insufficiency of knowledge, or unaptness to execute their office, that is here meant to be condemned: he were still new to begin again, to prove that this canon requireth also such a sufficiency in all ministers, whereby they should be perfectly well able to preach the word. For every one that hath not a special gift to preach, is not straightway to be accounted (according to this canon) a man insufficient for knowledge, or not able to execute his office worthily. In the former syllogism of this section, if by the word Hurtful he understand not only that, which Per se is hurtful, but that also which is so Per accidens, and upon some occasion may endamage the church of God: then his Mayor is to be denied as untrue. For so, even excellent and singular learning happening into such one as Arrius was, may do great harm in the church. And likewise in both the assumpts of his syllogisms he notably playeth upon the petition A fallacy A petitione principij. of the principle, taking that as granted, which is utterly to be denied. 2. Section. Pag. 4, 5. ALl that is said in this section, being in effect nothing else but that ministers, being called physicians of souls, aught to be able to apply a spiritual medicine; as it proveth not pregnantly the scope of the issue, to wit; that every minister aught of necessity to be of such ability to preach, as this treatise requireth: so doth it not limit that the said physician of the soul, which in sickness is to be sent for, must needs be the pastor of that parish, more than that the physician for the body (of whom also it speaketh) must be of the said place necessarily. And truly, I must needs confess that he is a very simple and ignorant minister, of what parish soever, that is not able (howsoever he be to preach) yet to apply some spiritual medicine to the soul of a sick man for his consolation: although in truth by the spiritual medicines is not here meant any inward comfort A canon racked. by faith in Christ, in those days least respected, but the shriving to a priest, the housling, and anéeling of the party diseased. 3. Section. Pag. 5, 6, 7, & 8. Under my former protestation, and the benefit thereof always to me being reserved, that I favour not, nor seek not to establish ignorance in the ministery: I do say that this which the author here bringeth out of the Chapter, Cùm sit ars Ext. de aetate, qualit. etc. for to prove that ministers ought to be learned, upon colour of those words, For if they shall henceforth presume to ordain such as are unskilful and ignorant, doth not any way directly relieve him. For that decretal speaketh of such as Being to be promoted to A canon wrested by the author. be priests, are by the Bishops themselves, or other fit men, to be instructed, &c: not of or touching divine offices & ecclesiastical sacraments, but how & in what manner they may aright celebrate them, that is to say, how to turn their pie, portesse, and missal, & to use gailie the infinite ceremonies of the mass, hard to be learned without a schoolmaster, which Viva voce might open the same unto them. For else we must needs hereupon affirm, if any such instruction should be required at the Bishop hands, or such as he should appoint, as the author here would enforce: that the Bishop must read or procure to be read to such as he would afterwards ordain to be ministers, a continual set lecture of all good learning, but specially of divinity. Also it is spoken of such as are to be ordained priests, which having gone through all the lesser orders, and Subdeaconship and Deaconship, are not to be intended then, newly to be instructed by the Bishop in so short a time, even a little before their priesting in all the doctrine of divine offices and ecclesiastical sacraments, which thing also the word Divina officia for the most part in these latter canons used for nothing but the mass, with the appurtenances, doth sufficiently make manifest unto us; neither can those general words of Unskilful and ignorant be drawn further than to such things, wherein the disposition and body of that law is before bestowed. Yet will I not deny, but that hence we may profitably gather, how behoveful it is for us to have as great a care to the sufficiency of such as are to be called to be the ministers of the gospel, as they had for the instructing of their idolatrous priests, in their apish gesticulations at the mass. And to no other end serveth that which is brought out of the Cap. tales, 23. Dist. in the discourse upon the said section. But of all other, Impertinent allegations. that his common place of the baseness of many mean things in respect of a few very good, pulled out of the [Code and novels,] but borrowed of the gloss upon this Decretal; I marvel that he would bring it for the enlarging of this particularity which he hath here in hand. The other allegation out of the 15. Dist. and Constit. Otho. quam advenerabiles, toucheth wholly the conversation and not the learning and knowledge of the minister, and therefore is beside his purpose. Yet nevertheless there is no such canon to be found as he quoteth: and the constitution legative of Otho. quid advenerabiles, speaketh only False and wrested allegations. of Archbishops & Bishops, and not of inferior ministers, whereupon our author entreateth: and therefore it is to be taken as a witness suborned, and by him taught to give evidence in a matter wherein he hath nothing in deed to depose. Whereupon, because (all this notwithstanding) he taketh occasion to enter into a very bitter, and (I trust) a slanderous accusation against the most of our ministery, for evil example, by their ungodliness, dishonesty, and dissoluteness of behaviour, no otherwise but in a generality, and therefore not possible to be answered but by denial; I must wholly remit the same to him, who best knoweth, whether herein he be an unjust accuser of the most of his brethren, and of this church wherein he liveth. And I would to God that all they, whom thus he inveigheth against, were as clear from those faults, as I am assured some others, who are so ready to spy a mote in other men's eyes, and pretend greater zeal and sincerity than ordinary, are far off from true godliness, mortification and charity. 4. Section. Pag. 8, 9 Pag. 11 AS these three allegations out of the Authentikes, Digests, and gloss of the Constit. of Otho. not so much as once naming the words of learning, knowledge, or any such like, being brought in but to make a number, without any derogation to the authors great reading, might well have been spared: so the other five allegations of this section tending hitherto, that knowledge ought to be in ministers, that they are masters, and aught to teach others; because they speak not to the point of the issue, may well be put from the bar. For his purpose is to prove, that none deserveth to be called a minister or pastor, which is not able to govern, to exhort, to admonish, to rebuke and comfort his flock: yea, and that (as it seemeth by him elsewhere) after a perfect and exquisite sort. Now, seeing knowledge and ability to teach, is in diverse measures and degrees, & may be verified (as Logicians speak) Secundum magis & minus; it may well be, that a minister is in some measure learned, hath knowledge, and is able to teach, and to deal in these duties, which yet hath not aspired to the heigh of perfection, required as an Idea, rather to be propounded to be followed, than of any one of his own Rabbins, or any other hitherto attained unto. But to put the matter out of doubt, that no such knowledge to preach, as our author would enforce, is here required; the gloss upon his first allegation in this section, referring us to the C. quae ipsis, Dist. 38. doth plainly show, that it is but the skill in the missal, the antiphonary, the book of the form of baptizing, the calendar, the rules for penance, and such like, which is required to make him a skilful priest, and a séer or guide. And therefore in the Chapter Sedulò in the same distinction, it is provided, that scholars, and those who are learned, are not to mock at the prelate's and minister's of the church, when they hear them use barbarisms and Solecisms in their prayers, and to pronounce confusedly words which they do not understand: where the prelates also and ministers are in that respect excused. Whereupon the * Gl. ibidem in verbo intelligere. gloss gathereth, that a man for his ignorance is not to be deposed: yet I cannot but signify that his second, fourth, and sixth allegations are left without quotations, his third is not alleged as it lieth in the text, and his last being spoken Corrupt dealing in allegations. only of a Bishop's election, is by him racked out, to serve for every ministers ordination. 5. Section. Pag. 10, 11. THis decretal Ne pro defectu, brought in besides the principal matter, as a corollary deduced thereof, though the reason and preamble of it, which is, Lest the wolf destroy the flock, do retch unto all flocks: yet in the body of it no mention is made of inferior churches within any time after avoidance to be furnished, but of cathedral and regular churches to be within three months supplied again, and therefore will not serve his turn (as he desireth) to lay any blame upon Bishops, nor upon any other in this realm; except in the pride of his heart he meant to teach some, (whom in all humility and submission he ought rather to reverence & obey) what speed is to be used in furnishing cathedral churches being void. The Decretal Quoniam Ext. de iure patronatus, * C. cum propter. d. C. cum decked. d. which authoriseth the Bishop to collate, if the controversy of patronage be not within four months (where the patron is a lay man) after the avoidance determined, doth give an evident example of that which I said in the beginning, that canons neither repugnant to the laws, nor hurtful to the prerogative royal, yet being disused before the making of the Act 25. H. 8. Cap. 19 and therefore repugnant to the customs of this realm, are not by the said Act established to remain in force. For else, why should both patrons of the Clergy and of the laity of this realm, contrary to this canon, have six months to present in, before lapse can accrue? All these words, Able to go in and out before the people, to guide them, to teach and to instruct them, are the words of the author, and not of the Decretal, cunningly by him woven with the other by way of paraphrase: which I do therefore observe, lest the reader should do the author that wrong, as either to think the places he bringeth to be thus pregnant for his purpose, or that the canon law had that elegant he braisme of Going in and out before the people. And here, upon occasion of this deep point of law deciphered, that Benefices are not to be left destitute above six months, the author leapeth into a fierce Philippike against Bishops, for Suffering many thousand flocks to want shepherds by the space of almost xxuj. years, snatching up by the way, that they who were Bishops in the time of darkness, did more carefully provide for such as they imagined to be seers, than at this time is done by our Bishops. What sufficiency was in priests, in time of darkness and popery, the thing itself speaketh, and the world can judge. But this man (as it seemeth) careth not whom he overloades with commendations, so he may debase those whom he would wreak his teen of. And to this end is that his speech, where having said that The pretended government and authority exercised over the Lord's people in the time of darkness, was by usurpation, he doth afterward insinuate, that There are some now which challenge the same authority; A slanderous implication of the author. whereas it is well and notoriously known, no authority, either ecclesiastical or civil, to be exercised in this realm, under any but God & her Majesty, & according to her highness laws: which if this man account Usurpation, he must withal account all that which either he, or any in this realm enjoyeth by the laws thereof, to be in like manner usurped; and all good men must account him in so saying, no well advised nor dutiful subject. But because he saw that his grievous complaints against Bishops, For suffering so many thousand flocks, xxuj. years almost to want shepherds, would seem untrue even to children; seeing that Bishops and Archbishops do seldom suffer any benefices, which they know devolved to their collation by lapse of time, to remain void; and in case any do escape them, yet after the space of a year be run, or sooner, (where the Sees be void) they are devolved to her majesties gift, whence they do not revert, till they be once by her Highness bestowed. Therefore to salve up this sore, or rather to cover it with a few fig leaves, suave nobis excogitavit commentum. Forsooth he saith, that The flocks do so long want a shepherd, as they want one able to govern them, to exhort and admonish them, to rebuke and to comfort them. But how doth it lie in the Bishops to have all ministers cast in this mould? Peradventure he will say, they should not have instituted any but such. Yet he is not ignorant, how great so ever the endeavour of the Bishop be to this effect, to hinder such a clerk presented as cannot hold this touch, nor bear this fineness of 24. caracts or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; yet if he can hold weight in the beams of law, he and other patrons will (maugre the Bishop) have him placed upon a writ at the common law. If he reply that the Bishop should not then have made him minister; I rejoine, that peradventure he was not of his making: it may be also he was fit for the cure he was first appointed unto, though not so fit for some other populous congregation, or troublesome people: and lastly, that if none should be assumed to the ministery, but with those especial endowments: surely all the learned of all professions in England, if they were in the ministery, would scarce be able thus to supply one tenth part of the parishes. So that we are come by this means to the second issue by me tendered * In pag. 3. at the beginning of this discourse: Whether it be expedient, that parishes should wholly be destitute of public assemblies for prayers and administration of sacraments, rather than to have a minister not correspondent to this pattern? But that which he bringeth for the proof of his paradox His allegation retorted against himself. out of the law which he quoteth, maketh directly against himself: for as he in law, for safeguard of his bond, may truly be said to have built a house, which hath brought it to that pass that it may be inhabited, though he have not perfected it: so well enough may he be a minister, that in some reasonable measure is endowed with gifts for that calling, though he be not of the perfectest sort. As for the other two rules of law, which he bringeth, without quotations as masterless hounds; I do marvel he will deal so ridiculously, and play so childishly with these generalities, for proof of this cause so seriously by him avouched. It might be answered, and truly, that it is Fallax à petitione principij, to take as granted, that a minister made, though far under that sublimity of perfection which he fancieth, [is not rightly and duly] called. But in truth that rule which saith, It is all alike, that a thing be not done at all, or not to be done as it ought, is especially to be understood where a man is exactly tied to perform some thing in this or that sort, wherein the bond in rigour of law is not satisfied, except the precise form and manner of the covenant be observed. But as the physicians do teach us, that a man may be truly said to be in health, though he have not that most exact temperature of qualities, in which nothing is superfluous nor wanting, because he is In latitudine sanitatis: even so, because the sufficiency required in a minister, consisteth not in a point of perfection, where no degree of more or less is admitted, but hath his latitude (if I may so term it) a man may well enough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deserve the name of a sufficient minister, which doth not attain to the highest degree of comparison. So there is a rule, that it is in effect all one, not to be, and not to appear to be. Which though in a judge, who must follow Allegata & probata, it have his place; yet to other intents it cannot be said that a thing is not at all, because it appeareth not. As to the other rule which he bringeth, that [he is not said to pay which payeth less than he ought] every child knoweth, that though it be no full satisfaction; yet if the creditor do demand the whole sum, having received part, Dabitur adversus eum exceptio de dolo. And here in England, if the obligor accept of part of his money, it is a bar against him that he cannot sue the forfeiture. And therefore, as it may truly be said, that a man payeth money, though he pay not all that he ought; so may one well enough be said to be a minister, though he be not so exquisitely qualified as might be devised. 6. Section. Pag. 11, 12. THis §. Pro defectu scientiae, quoted False quotation with corruption. in the margin Ext. de Praebendis C. venerabilis, and brought by the author to prove that He which hath unworthily taken upon him the government of any church, may forth with forego and renounce the same: if it had been honestly handled, and had made so fully to his purpose, as he would seem, he would not have set us a work thus upon a pair of tarriers to seek it where it was not; or else he would have noted it amongst other as a fault escaped in printing. But the saying, though fondly depraved by him, is found C. nisi cùm pridem Ext. de renuntiatione; and no tidings are of it in the place whither he sendeth us. The text itself hath For the most part a man may desire to give place for want of knowledge, which in his allegation is altogether omitted, as though it were general. The text hath Praesul salubriter ei renuntiat, The Bishop or prelate doth not amiss to renounce the church to him committed, which he must govern in both, that is in spiritual and temporal things. The Abstractor in steed hereof hath: Let it be lawful for him that hath charge to govern the church in these things to renounce, etc. omitting wholly the word Praesul, because he would have retched it out to have served to every inferior minister: being nevertheless sufficiently bewrayed by those words, About the charge of temporal things, in which also as in spiritual things, he which is here spoken of, is to govern the church; whereas in inferior benefices there are no temporalties to be governed in right of such churches. But the insufficiency of knowledge which here is understood, and the authors plain dealing herein, is set out sufficiently in the very next word following: Nevertheless, although notable or eminent knowledge is to be wished for in a pastor, yet competent knowledge in him is also to be borne with; because (according to the apostle) Knowledge puffeth up, but charity doth edify: and therefore the perfection of charity may supply that which is unperfect in knowledge. * C. post translationem d. Whereby appeareth, that every insufficiency of knowledge, yea in a Bishop, much less in a minister, is no sufficient ground for him to desire to give place and to resign: but such ignorance and want of discretion, as maketh him utterly unfit to wéeld the spiritual and temporal matters of his church. And where the text saith, He may desire to give place, it overthroweth the purpose for which it is by the Abstractor alleged; as though a man might of himself forthwith forego and renounce his charge, whereas * C. d. in fine. C. dilecti. d. C. quidam tendendi d. C. admonet. d. C. literas. d. C. cùm venerabilis Ext. de consuetudine. indeed he is to desire it at his superiors hands; or else he cannot resign nor be devested of his function. And therefore the Mayor of his second syllogism of this section, pag. 12. is not simply true, as by these laws here quoted more fully may appear. 7. Section. Pag. 12, 13, 14. IT is not denied but that the debilities and infirmities of age may be such, as it should be requisite the superior to give such a one upon his request leave (looking sufficiently into the cause) to give place unto another more able to execute that function: and in case he do not desire the relinquishment of it, than * Ext. de clerico aegrotante, per totum c. quia frater. 7. 9 1. the law in such cases provideth, that a coadjutor with some competent portion out of the living be assigned unto him, and not that he should violently be thrust out from a right * Reg. sine culpa. de regulis juris Pontificij. once grown unto him, without his own fault, contrary to all reason, example, and humanity. It were too lamentable that men, which either as magistrates or councillors in the commonwealth, or as faithful stewards in the Lord's house, have by due desert attained dignities and offices during their life, by reason of God's visitation by sickness, or for his blessing of many years and old age, which of itself (as physicians say) is Quidam morbus, should as old hounds be utterly shaken off to the wide world. And where the Bishop mentioned in this canon did desire of the pope, in regard of his age and infirmity, that by his advise he might place another in his steed: our author plainly falsifying the text, translateth Cum nostro consulto, Falsification of the law. Without advise; to the intent he might justify, that without licence of his superior, a Bishop or minister may renounce their function. Yet every debility of body arising of infirmity, or of old age, is not a sufficient cause why a man either should desire or have liberty granted to resign. And * C. nisi cum pridem §. alia verò causa Ext. de renunc. therefore the decretal epistle to the Bishop of Arles saith: There is another cause, for the which a man may desire to be released from the burden of a Bishop's charge, which is weakness of body, arising either of sickness or of old age: and yet every debility is not such, but that only, whereby a man is made unable to execute his pastoral duty: for if, upon every weakness of body, the office of service once taken in hand might be forsaken, in vain had the apostle confessed, that he did even glory in some his infirmities. Seeing that the weakness of age ought sometime no more to weigh with a man, to make him resign, than that ripeness of behaviour (which often accompanieth old men) ought to persuade with him, to continue in his own function. For of such (saith the apostle) When I am in weakness, then am I stronger: for sometimes the weakness of the body doth increase the valour of the mind. But now again, he leaveth the matter of resignation: and for proof of his principal issue he bringeth two allegations; one out of the common Extravagants, and the other out of the Clementines: which do seem to me to be brought in but to make a number, and culled out without choice, there being much more pregnant places to that purpose, which in his cursory and desultorie perusal of these books did escape his hands. For these do only require, that unfit persons in knowledge, manners, or age, be not preferred to ecclesiastical livings: whereof I would gladly learn how it could follow, that therefore whosoever is not able to preach, and is not endowed with all those gifts which are in this discourse required, is for want of knowledge unfit: which is his general scope where at he leveleth. Which knowledge and skill to be able to profit the churches where they serve, that it is no such exact cunning as he doth bear us in hand, hath partly appeared afore, and better shall appear afterward. And truly his choice was very slender, when he chose the preamble of that canon, wherein the pope pretendeth, because he would be sure to have such chosen, as should both govern and profit the church; that therefore he taketh the provision and bestowing of all ecclesiastical livings into his own hands, which should happen to fall void in the court of Rome, or within two days journey of the same. The Constitution of Otho. alleged, telleth what kind of master is indeed required; yet without mention of any preaching, nor yet in that strict manner, but that occasions may happen, that a man more meanly qualified, may be tolerated in the ministery. In which respect, the * Gl. in constit. Otho. Sacer ordo. verbo: illiteratos. gloss saith; If the priests should be poor, either by their parentage, or through the barrenness or wasting of the country, so that they could not apply their study, but should be driven otherwise to get their living by handy labour, it is to be thought, that then they ought with favour to be tolerated; yet so, that they be something more skilful than lay men, especially about the sacrament of the altar, whereabout they are daily occupied. Which is the very case of this our church in many places; the more is the pity. His next allegation out of the same place, he hath both mangled Falsification. and falsified. For where the Constitution inveigheth against those that have the living and room of priests being not in orders, but more like soldiers than priests, As having no care of holy life or learning; this he maketh general unto many beside. And where the text hath Simplex sacerdos, that is, saith the * Gl. ibidem verbo simplex sacerdos. gloss, not entitled to the church, but a stipendary curate: he adding to the text, translateth it, A silly ignorant priest. 8. Section. Pag. 14, 15. THis Constitution of Otho. amongst other things forbidding unlearned men to be ordered ministers, doth not prove every one to be unlearned that is not fit to preach and expound scriptures, which is a point of more competent skill than an ability (as occasion is offered) to exhort to good life, to dehort from vice, or to comfort in adversity; though the same cannot to any purpose be done without some skill and practise in the scriptures. And therefore the author having so slenderly proved that which is his intention, had the less cause hereupon thus to set up his feathers, and untruely and gibinglie to say, that the canons published 1571. and the advertisements do yield testimony, that the Bishops A slanderous untruth. do proceed first, and inquire afterwards, that they first give the minister a charge, appointing him to teach, and afterwards send him to the Archdeacon's or his Officials court to learn: whereas the said canon (agreed upon, but not yet (that I can learn) confirmed by authority) and the advertisements alleged, do only charge the Archdeacon's and their Substitutes to take an account in their visitations of the meaner sort of the clergy, of certain chapters of the new testament without book; to the intent it may appear, both how they profit in scripture, and that thereby they may be the more perfect in the text. Which thing if it should be also performed voluntarily, as a private exercise, by the best and most learned ministers that we have; I think it might greatly profit them: and no modest man would interpret it so, that they did but then begin to learn the scriptures, as here is odious●●e insinuated. It is reported of B. Latymer of reverend memory, being accused by his persecutors never to have exercised himself in scripture, because they saw some debilities of old age appear in him, that he should answer, that the bay trees in Clare hall in Cambridge were able (if they could speak) to witness with him, that he conned without book under them, all the epistles of S. Paul. The words of Barthol. are not as our author hath alleged them, but thus; Qualitas adiecta verbo intelligitur secundum tempus verbi: and they are brought in by him only in way of objection against the text, which is contrary to this Corrupt dealing of the author. rule, as his solution of the said objection doth plainly show. For he saith; It is a * Bartol. in l. si quis posthumos §. filium ff. de liberis & posth. sufficient verification of these words [he dieth intestat] though a man have made a will the day of his death, if upon any occasion afterward falling out (as by the birth of a child unto him after his burial) the said will and testament be reversed. So that we see it is not general, that The quality adjoined to any verb, must be construed according to the tense of the same verb. The law which he quoteth ff. de ferijs, hath no one word giving any colour, or sounding any thing that way. The other * L. 43. de aetate ibidem. quoted ff. de minoribus, is by him wholly altered from that which the law itself setteth down: Proof must be made (saith the law) of the age of him, which allegeth he is above xxv. years old, by examination of the cause: because such proof will prejudice and work against the reversal of acts of the said young man as executed in his nonage. Which being wholly otherwise alleged by our author, it maketh me (joining his like practices in other places of this book together) to deem that he hath not collected his allegations, or examined them himself according to the law; but hath taken the collections and rhapsodies of some other man by retail, which maketh him bewray so often his long ears out of the lion's skin: whereof he giveth even in this section a larger taste, where he allegeth, ff. si à non competenti, there being no such title in the Digests, but in the Code, and L. maritus ff. de procuratoribus, where no such law is to be found. But although no man will deny, but qualities requisite must then be found to be in a person when he is to be employed, yet this hindereth not, but that in an office which is not tied to one circumstance of time, but hath a continuance, all honest means for the better and better furnishing of him with such qualities in that charge, are and may be from time to time used, without any impeachment to his credit, as though he had been at his first entrance into it, not a sufficient man for that function. But that which is here said concerning the nullity of that which is done beyond the bounds of a compromisse or commission, is no way appliable to a trust committed for adiudgeing the qualities of the mind considerable only by his discretion, and therefore cannot prove if one be made minister by a Bishop, not so fully qualified, as the law in all points requireth, that thereby the whole actions are void and frustrate. Shall we say that an Ambassador having instruction to employ a discreet, faithful, and secret man about some service, shall be guilty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if the party employed seeming to him thus qualified, shall be after found to fail in all or some of these, and be insufficient? And a Sheriff being to return by his writ a jury De probis & legalibus hominibus, if after the verdict given up, it shall be proved, that they or some of them were not such at the time of the return, shall we therefore quash and reverse Vide respons. sect. 39 all, and say there was no return, no impanell, no trial, no verdict nor judgement? And yet the Bishop hath no authority to ordain ministers by commission, but by operation of law. And if this which he saith be true, Where by disposition of law, a certain form and prescript order is limited, that there if any inversion or preposteration be used, all is clean marred, and therefore the whole actions are void and frustrate: What are we then to judge of those, who are here in England baptised without the sign of the cross, those which are married without the ring, and those who are punished for not coming to divine service, there where the form of our Liturgy by law established, is not exactly observed? Which I set down, neither to impeach that baptism or marriage (howsoever to the intent of inheriting by the common law a doubt of such marriages hath been made) nor yet to excuse any wilful recusants, whom it is well known in any such regard not to absent themselves from prayers, but to set down the rash generalities and paradoxes, which the Abstractor so confidently rusheth into, even with the overthrow of those, in whose favour this treatise is made. Notwithstanding many of his clients, though they adventure to preach, are as void of good learning (as I could in particularity show) as the most of these Dumb, silent, and idol ministers, which he so deeply lanceth. Yet nevertheless, that is not generally true which he here avoucheth, that an inversion or preposteration used doth make always the act void. For to this effect it is required, that it be committed in some * Bald. in L. ambiguitates C. de testamentis & Castr. consil. 39 alias. 43. visis acts. matter of substance, & also that it be the inversion of some substantial order set down by man. For if it be the preposteration of an order set down by * Bald. in L. 1. C. de appellat. 3. nota. law, it is to be appealed from, and therefore produceth not a direct nullity Ipsoiure. 9 Section. Pag. 15, 16. THis which the Abstractor here bringeth out of the Code, that merit, not money in making of a minister is to be regarded, as it is too general to prove by the word of merit, such a worthiness as he enforceth, so being (as appeareth by the whole constitution) spoken of a Bishop only, and not of every minister, as he indefinitely doth translate it, though otherwise it may be as truly said of the one as of the other, it is not so direct for the purpose which it is brought for. The first member of that which he allegeth out of the Authentikes, but not the second, do I find either in Haloander his edition, or in the Greek or Latin edition of Contius. And whereas the constitution is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, unless Constit. 133. they know letters, that is, can read, he hath helped the matter a little by interpreting it Aliquanto pinguiùs, unless they be learned, which nevertheless might be granted unto him, and yet no such learning necessarily employed as he seeketh to establish hereby. But the word Clerici clerks, Wresting of law. and not Presbyteri priests here used, whereby not only in this constitution, but in all other the novel constitutions, any, whether he be Ostiarius, Lector, Cantor, Subdiaconus, Diaconus, or Diaconissa, is signified, doth put the matter wholly out of doubt, that neither ministers are here especially provided for, nor such exquisiteness of learning as he would gather, can be any way intended in them to be hereby exacted. Unless he will also say, that the 100 deacons, Constitutio. 3. §. & sane. the 40. deaconesses women, the 90. subdeacons, the 110. readers, the 25. singers, and the 100 doorekéepers or sextens, being the limited number of clerks, and so called by justinian for the great church in Constantinople, to have all been of that learning, which he maketh to be the only touch of his minister. And if I were persuaded, as in this place he is, that by the word Constitutions mentioned in the Act 25. H. 8. Cap. 29. the constitutions imperial were meant, I could bring many such, neither repugnant to our laws, nor to the hurt of the prerogative royal, which I believe he himself will not say to have the force of law amongst us, and therefore must hereby be driven to yield that he made a defective Minor in his first fundamental syllogism. And thus hitherto, neither the canon, provincial, civil, nor statute law hath given any direct condemnation against such ministers as are not sufficiently able to preach and expound the scriptures, having otherwise competent gifts of learning in some measure. Neither are such of them (though they be no preachers) to be accounted Dumb and silent, who in their churches do exhort, dehort, rebuke, comfort, and also in some degree instruct their parishioners, as their ability serveth, and occasion is offered. Which I know they may as profitably do, as some, who of as mean gifts, but of more audacity than they, dare take upon them to expound and divide the scripture, by preaching upon some text, unto which they in their whole discourse do come just as near as Germans lips are said to come together. But why should he upbraid them with the name of Stipendaries, seeing neither they alone, neither all they be such? and it is a part of the new platform and church model, to have all ministers put to a certain standing pension of money, which may more aptly be called a stipend, because if they displease the paiemaisters, they shall perhaps be driven to seek it Tanquàm stipem ostiatim, and so it shall rightly bear the name of a stipend. 10. Section. Pag. 16, 17, 18. Because the Abstractor here maketh himself angry, and is in a pelting chafe with those that dare presume to answer any thing to his former proofs, and that will tell him that the knowledge there spoken of may be verified to be in many, which yet are not fit to preach, whom he for such answers calleth Perverse, conceited, selfe-weening men, soothing themselves, and fostering their dotages and fond affectious errors with certain rules of law, whereof they are ignorant, as he taketh upon him here to prove: it shall not be amiss to set down their answers by him rather pointed at, than truly produced, as they lie in the law, that they being conferred with his reply, the truth may better appear. The civil law saith, The performance of that which the L. 18. si quid venditor. ff. de aedilitio ●dic. verse. haec omnia. seller shall speak in commendation of the thing sold, is not rigorously to be exacted of him, but to be taken with a reasonable construction. As if he affirm the servant he selleth to be a stayed man, we are not thereby to require such a settled gravity and constancy as is in a philosopher. If he affirm him to be painful and watchful, we may not hereupon look for continual toil both night and day at his hands: but all these are with an equity in some measure to be looked after. And again in the same place, He that in the sale of his servant shall without further addition affirm him to be a cook, be satisfieth the buyer, if he perform him to be measureablie skilful in that trade: and the like is to be said of all other kind of arts. And in the next law following, This is to be understood, L. 19 sciendum ff. d. §. illud sciendum. that if a man promise one to be an artificer, he is not hereby straight bound to perform that he is exquisitely, but in some good measure skilful: so that you are neither hereupon to take him to be an absolute workman, nor yet altogether unskilful; and therefore it sufficeth he be such an one as those be, who commonly are called artificers. Where by the way may be noted that acception of these words, knowledge, cunning, and learning, which before Scientia. Peritus. Non indoctus. in sundry places hath been spoken of. That which is quoted by the author, as an answer of some to his allegations out of the canon law, is to this effect: whereas the Chapter of Capua had chosen an Archbishop, Cuius literatura licèt non eminens, tamen conveniens extitit: whose learning though it was not above his fellows, yet was convenient or competent as he readeth it, that in this respect as for want of knowledge the election made of him was not to be reversed. And if this seemed a reasonable decision in an Archbishop's election, whose high degree and place requireth a greater and more excellent measure of learning: shall we not admit with good reason, according to the great inequality of places, and diversity of rewards for learning, and variety of times, some degrees, as of excellency, competency, and mediocrity of gifts and learning, required in a minister? Or else shall we, vainly dreaming of a Platonical Idea, fancy with ourselves, that a man which a long time hath spent in study, his body, and of his friends or of his own money in the Universities perhaps as much as would have purchased unto him double as much yearly annuity for his life, as the greater part of the several benefices in England be annually worth, can so put off to be a man, as that then he can endure to take as a reward of all his travel to sustain in his declining years, him and his family withal, such a living, as the meanest husbandman in most countries having a plough tilt shall be able to spend as much in his house in a year as he? And surely, if a survey were taken of all parish churches and parochial chapels in England, I dare avow that it would fall out that there be double or triple as many more livings allotted for ministers under the true value of thirty pounds by year, Vltra omnia onera & reprisas, as be above that rate. And how those which be of better liveload, are fleeced, and corruptly bestowed in many places, some of those know best, who do seem most to urge a reformation in other points: whose clamours are like that of him, who cried in the pursuit of himself, Stop the thief, Stay the thief, etc., as fast as the best: and are only to divert the eyes of preachers from looking on their own usuries, simonies, monopolies, and oppressions, and to procure them to whet their tongues upon their brethren, whom they see in better case than themselves are, though perhaps in their opinions not so worthy. But our author here telleth us (though something darkly) that the Learning and knowledge of our ministers which are not able to preach, whom he very mildly and charitably calleth Bare mumbling ministers, is so far from being to be accounted competent or sufficient, that is not by justice & equity of law to be reputed mean in that sense which the law taketh it. Which if it were true, that they were far under that measure which the law requireth, yet the illation which hereupon he inferreth, that Then they are guilty of voluntary intrusion, and to be punished for taking upon them offices without any lawful calling, can no way follow of those premises: for seeing every man is an evil and partial judge towards himself, than not they who offer themselves to the trial and examination for sufficiency of those whom the law herein authoriseth; but those who should see more in them than they are able in themselves, are to be blamed for approbation of them, as appeareth by the * C. innotuit nobis Ext. de elect. §. habito ergo. law here quoted. Pag. 17 But his first proof, which he here bringeth for the overthrow of mean, competent, and sufficient degrees of knowledge in a minister, because he imparteth not unto C. ignorantia dist. 38. us from whence he borrowed it, belike he would have us to take it upon his own poor credit. By the way this I observe, that the highest degree of knowledge, which the law termeth Eminent or excellent, he in his discourse termeth Sufficient, perhaps to insinuate that no knowledge is sufficient for a minister but that which is eminent. Yet this exhortation that Ignorance be avoided in ministers, that because they have An office of teaching, the scriptures by them are to be read, and that all their labour consist in preaching and doctrine: doth neither overthrow the said distinction of mean, competent, and eminent, because these points may be in men according to all these degrees; nor yet argueth, if these be not so exactly performed by them, that therefore they are intruders. S. Paul exhorteth a minister to rebuke, reprove, and to be instant in season, and out of season: yet if some perform these offices more perfectly, other more sparingly, according to their several gifts of mildness and knowledge; shall we say, that he which fulfilleth not those in the highest degree, and according to the best, is therefore no true minister? or rather that he doth not the duty required of a minister so fully as he ought? And so in this place by him alleged, though a perfect pattern of the most necessary part of their function of labouring wholly in preaching and doctrine, is set before them for to strive to be attained unto: yet, neither is prayer, visiting of the afflicted, hospitality, or administration of the sacraments hereby inhibited to a minister: neither are all condemned hereby for Intrudors, which being not so fully furnished to perform that which in common speech we call preaching, do teach according to the ability given unto them of God, and publish forth his will out of the word, though it be only by reading. But in another respect, this canon cannot necessarily infer such a skill in every minister, whereby he may be a preacher: because as in the most of the old canons Presbyteri are taken for ministers, and Clerici for inferior ecclesiastical persons; so is this word Sacerdos taken, not for every inferior minister, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the chief minister in the diocese, or Bishop: and so * Gl. in C. quando, dist. 38. verbo a sacerdote. the gloss in the next chapter following doth expound it, à sacerdote, id est, ab episcopo, of the priest, that is, of the Bishop: of whom the law in sundry places layeth both a greater care in preaching, and also a greater sufficiency thereunto than ordinary. Also it may be truly said, that by Preaching, in law is not always meant that solemn expounding and breaking of the scriptures, as we do usually speak; but sometimes any publishing of the word of God, even such as is done by reading, may well be understood. And therefore the gloss doth * Gl. in verbo praedicare, dist. 25. C. perlectis §. ad lectorem. interpret those words of the canon: Quae prophetae vaticinati sunt, populis praedicare, hoc est, legere: to preach those things to the people which the prophets have prophesied, that is to say, to read them openly to the people. But yet, if we should admit this canon to be spoken of inferior ministers, and of preaching in the most usual signification, we might with more probability thus conclude, than as our author doth: seeing for increase of his knowledge, a minister is exhorted to attend to reading and exhortation of doctrine, therefore he may rightly be called a minister, before he have attained to that perfection of knowledge, which he ought to endeavour for. And though he, which doth not bestow his labour in preaching and doctrine to the uttermost of that ability which God hath endowed him withal, doth not as he ought; yet as it followeth not of any thing by him brought, so may we not peremptorily thus say, that he is no minister at all, or pronounce him An intrudor, or without any lawful calling, as the author doth in this discourse, though he come short of the proof thereof, in the conclusions of his syllogisms: which are nothing else but foolish fallacies, proving a matter unknown or doubted of, by a matter no less doubtful. 11. Section. Pag. 18, 19, 20. HE draweth near the dregs of his proofs here, when upon a bare occasion of this, to be Mighty in word and deed, required of a prior being next to the abbot, not to any intent of preaching, but for observation of the regular discipline of the monastery, consisting (as in the same chapter is mentioned) in the manner of their meats, their apparel, their not enjoying their goods in property, and in the manner of their silence in some places, and upon the largeness of Law racked. that word as it is used in scripture for much more excellent gifts; he would enforce that there cannot be such degrees in ministers, as some to be of mean, some of competent, some of eminent knowledge and learning: or else would No consequence in his reason. gather, whosoever is not so mighty in word and deed, as this speech is sometime in scripture used for, to be an intrudor, and to have no lawful calling. Whereas we see no such matter of learning is hereby required to be in the prior, as he imagineth, neither if it were, is it necessary that every minister should be of as great sufficiency as a prior, though in a generality some offices incident to the one, were also required to be in the other. In his gloss or discourse hereupon, as having proved that which he promiseth, he climbeth into his throne, and stoutly demandeth of our chief prelates; What they can answer in defence of their wilful disloyalty to the Lord, in not being so careful, as the superstitious lawmaker was, for his superstitious time? And by the way he accuseth them To maintain tooth and nail a policy of a traitorous lawmaker, a policy perilous for the government of the state of the Lords household: and as though that government which they use, were rather by them Challenged, than duly attributed unto them. And for proof that the policy by them used is such, he reckoneth diverse points as popish, Which they turn (as he saith) to the maintenance of their prelacies, dignities, and ministries under the Gospel. Surely a very grievous accusation, being so general and indefinite, against so many reverend Fathers, supplying one at the least of the three estates of the land in parliament, even by the ancient policy of the same, being also according to our laws Magnates & Pares regni; and such as have been the chiefest either planters or waterers of this church under the time of the gospel: but especially when it cometh from such a one as would seem to be a professor of the gospel, whereof these and such like speeches, too too many in this book, are neither branch, bud, nor fruit. And except they were the voices of some son of belial, as was Sheba, that is without yoke of all christian humility and patience, I cannot see how such contumelious lofty speeches (though they were maintenable) could become any subject in this land, thus to publish in a printed book; but much less this virulent spirited companion, whosoever he be. Slanderous speeches of the whole s●ate. And is indeed all our Government ecclesiastical but challenged? Is the policy and state of our church Perilous for the government of the state of the Lords household? Is it the policy of a Traitorous lawmaker? Are our chief prelates Maintainers of such by tooth and nail? And are they abbettors of such Traitorous laws or lawemakers? Do They maintain their prelacies, dignities, and ministries under the gospel by the laws of God's enemy? And can the pope, being no subject, be called a traitor, or a traitorous lawmaker, though he be a suborner or stirrer up of as many traitors as he can inveigle? Truly these injuries debase the great blessings of God, which by her majesties gracious means we enjoy by the pure preaching of the gospel, and reformation of this church from all popery and superstition, and is dishonourable to her highness government: yea, it reacheth both to those godly laws and lawmakers, which by parliament have established this policy, and the government ecclesiastical, which we now by God's mercy enjoy: men who are as loath justly to be accounted maintainers of popery, or of perilous and traitorous policies and governments, as this man is unwilling not to show himself dogged and spiteful. For it is well known, that no other policy is practised, nor government put in ure, but such as the wholesome laws of this land have fortified: and therefore for Factious speaking against the laws in force. him thus to carp at the laws in a slanderous libel, before the same authority hath reversed them, it is intolerable, and would in some places be accounted seditious. Neither will his evasion serve him, because the question is not [Inter pares, amongst equals] as he saith: as though he could not speak better of the said laws and acts of parliament, without prejudice Of the honour of the son of God, by accusing him not to have given a perfect law for the government of his father's household by discipline, as well as by doctrine. For, as hereby he would excuse himself for his contemptuous and opprobrious speeches against her majesties laws, and the whole state of the land, and the policy and discipline of this church; as though he were forced for the safeguard of the honour of Christ: so would he insinuate that all other not of his opinion, are reckless of God's honour, and that both the policy and government of our church is contrary to Gods will revealed by his word, and also that Christ hath left a set external form of policy and discipline to be exercised Disloyal & presumptuous speeches grounded upon an error. in every particular point throughout all the several churches in the world. Indeed if these two were true, which I think will be very long in proving, he might with more reason have said as he doth; yet doth in milder manner, and in a place more convenient than in a pamphlet, whereby a controversy may be bred amongst the simple, that they have been all the time of her majesties reign misled by their governors. I do therefore say and offer in the name of the learned, to him or other to consider of, that it is taken by us for an undoubted truth, the contrary whereof by no proof we do essure ourselves can be showed: that There are not set down in particular by scripture, or by necessary collection to be gathered, all circumstances of policy, government, discipline and ceremonies necessary and uniformly to be used in every several church: and that the christian magistrates and governors are not in the said former points, whereof something is touched in scripture, of necessity tied to that precise form that is there set down, but to the general doctrine concerning them; to wit, that all be done to edifying, orderly, comely, and such like: if any will affirm otherwise, let him set down his plat and his proofs for every particular, and he shall see whether he come not short in most points. Neither do I see why he should so odiously traduce certain things used in our church, till he have proved them ungodly, in this respect only; because they have been either invented or practised under some bad pope's, more than he doth all the nations of Christendom, as well in reformed as not reform churches, for giving a notable place in their common weals, unto the civil laws of the Romans, devised for the most part by paynim and idolaters, or than he doth the common or municipal laws of our own nation taken either from the old Saxons being heathen, or from the Normans being but newly christened, howbeit still gross papists and idolaters. But as touching his questions, How our chief prelates can answer to the Lord for their wilful disloyalty, for want of carefulness requisite, seeing They continually place unable men in the ministery, and why they should not let those canons before brought for a learned ministery, being now their own laws, be available with them? (he might have said as well his and every englishman's laws, for all be parties to an parliament.) I answer first, that in those able men for the ministery which they have laid their hands upon, I am persuaded they have not done it so much for a bare satisfaction of law, as for the exigence of the cause, and for discharge of a good conscience. Further, if they have ordered some of mean ability, it hath been in respect of the slender portions of living allotted out in most places for the finding of ministers, which places other wise should be destitute wholly, whereby the people would in short time become as heathens and paynim, or be as savage as the wild Irish, to the great danger of their souls, and hazard of this state. And if it shall be said, that they have preferred any to the ministery utterly ignorant and unworthy, willingly: Charity teacheth me not to judge the worst, nor to judge ●. Cor. 4, 5. before the time, until the Lord come, who will lighten things that are hid in darkness, and make the counsels of the hearts manifest. So far am I from judging it to come of any disloyalty to God, especially of wilfulness, which is the next degree to the greatest sin that may be: for if any of them had wilfully admitted such a person into the ministery and of set purpose, than would he also have rejected such as being very worthy, have offered themselves to that function, which to this day I never did hear to have been surmised by any man against any of those reverend fathers, whom I persuade myself it is a singular comfort unto, when they may be means and instruments of bringing worthy workmen into the Lord's harvest. 12. Section. Pag. 21. THat which is here brought out of the common Extravagants, though the Author telleth us, that it overthroweth the authorising or ratifying of an unpreaching or unlearned ministery, which no man I hope wisheth to have established, whereas yet many do think that he is not straightway to be accounted An intrudor, without any lawful calling, or no minister at all, which wanteth that perfect ability required to be in a preacher: yet doth the said constitution speak no one word concerning ministers or secular priests, as they then termed them, as to that effect and purpose: but only provideth certain privileges for so many as should be deputed thereunto of the order of friars preachers and minors, commonly called graiefriers, common extravagants Wilful corrupting of the text. indeed and wanderers, that they might hear confessions, have certain benefits at burials, and preach in any church or street freely without licence of the Bishop's Diocesan, saving in certain cases; these friars indeed, and not only Brethren, as the author craftily and untruely hath translated them, under the favour of the equivocation of the word Fratres, yea nor all of them neither, but such as by their provincials should be especially culled out for that purpose, the Pope meaning to authorize to preach where they list, lest the secular priests, (of whom also mention is made, but without any mention of their preaching) should think themselves wholly disgraced by this unbounded and unconfined liberty given unto the friars: he did therefore think good, besides an apology in the friars behalf full of commiseration made by him in the end of this constitution unto the secular priests, to exact also some special qualities in these friars thus to be sent on shriving and preaching, unto the which the secular priests looking and finding themselves inferior, might with more patience be induced to tolerate the friars to preach and hear confessions in their cures. Yet to the intent it may fully and plainly appear, that neither this canon, nor any other in force, exacteth of every inferior minister necessarily to be a preacher, it is to be understood, that though this canon alleged, be plainly by him falsified, and pertaineth only to a few friars which should be chosen out of all the heard for this function, yet is it also * cl. 2. dudum de sepulturis. reversed by a later pope, and standeth in no force, otherwise than it agreeth with the canon of Repeal. Furthermore the * c. 1. excommunicamus §. quiae verò Ext. de haereticis. law flatly decreeth thus; Seeing th'apostle saith, How shall they preach except they be sent? Therefore all that either be expressly forbidden, or not sent by the authority of the apostolic See, or of the catholic Bishop of the place, and yet shall presume to usurp the office of preaching publicly or privately, let them be excommunicate, and except they shall speedily reform themselves, let them be further punished according to their deserts. And the gloss unto this purpose doth * Gl. in c. quod Dei timorem. in verbo privilegiatum, Ext. de statu monacho. thus gather; In this is the office of preaching privileged, because no man ought to preach except it be committed unto him by the Bishop of the place, or the apostolic See, and those who by election are chosen unto it: as is expressed in Cl. 1. de regula, & in Cl. dudum §: huiusmodi. de sepulturis: which be places spoken of these friars, whereof we do entreat. And so you see the authors plain dealing, and his impregnable proofs both against those three degrees of learning in ministers afore mentioned, and also for this conclusion, that none may upon any occasion whatsoever be tolerated in the ministery which is not an able preacher, yea even by the canon law itself. 13. Section. Pag. 22, 23, 24. THe principal scope of this section containing a provincial constitution of this land, and the author's exposition of it, is to prove that the Competent and convenient knowledge which every minister ought to be adorned with, is at the least to be able To expound in the vulgar tongue, unto the people every quarter of a year once, certain principles of christian religion there specified. Surely, if by this Expounding in the vulgar tongue, he think such an exposition to be meant as preachers usually do make upon a text, he will be easily convinced by the words here used, & the circumstances. For if a sermon had been meant by Expounding, in vain was that added, In the vulgar tongue; except otherwise the lawemakers had feared they would have upon those texts preached in Latin unto the people, whereof there was no great danger at that time, that it needed so to be provided for. And therefore [to expound in the vulgar tongue] must needs be understood to declare it into English, word by word as it lay in the Latin; except you will say it should be done in more words with some reasonable paraphrase for the people's better conceiving of it, which yet seemeth to be somewhat abridged and restrained in these words, Without intermeddling of any subtlety according to his own fancy. Further, why should this alternative be set down, Either upon some one or more festival days? seeing by no possibility it could be intended, that he could run through by sermon or lecture in one days exercise, all the Articles of our belief, the ten commandments, and the two precepts of the gospel, concerning the love to God and to our neighbour, The seven works of mercy, the seven deadly sins with their offspring, the seven principal virtues, and the seven sacraments of grace: all which last our author thought good to omit, lest thereby all colour should be taken away from his interpretation. And if upon this constitution he will gather, that in every priest an ability of preaching or expounding the scriptures was then necessarily required: it may be retorted back thus, that then the synod would have suffered men of that ability and discretion, both to preach of what text they had thought good at all times, and would not have restrained them from intermeddling such expositions as they should think convenient. Which things are sufficient to show unto us what is meant both by Once in a quarter, and by those words, On more festival days; that is to say, that once a quarter they shall go over all the said principles of religion in the English tongue, either all in one day, or else upon more days, in case they cannot conveniently in one day dispatch all. But yet that the authors wilful racking may be more manifest, and that a mean learning indeed will serve this turn to preach, as here is spoken of, I would they which trust our author for a plain dealing and an honest man, would but take the pains to peruse this * c. 1. de officio archipreabyteri, constitu. provin constitution which he allegeth; they should then find that this preaching which he so extolleth, and which he thinketh to imply more than a mean or sufficient measure of learning, is nothing but a brief paraphrase, not to be devised by the priests themselves, but word by word here set down for them to be learned and uttered like the lesson of a scholar without book. In which respect also, in the end of the constitution it is plainly signified, that they have concerning the said points of christian religion [Taken pains to make that brief exposition, for the instruction of such priests as were simple.] Yea, the practice & learning of the priests of that age is so mean a rule for us to square out our ministers sufficiency by, or exercise of their function; that it * c. 1. §. sacerdotes verò constitu. prou. de haereticis. was forbidden here in England, unto every priest, how sufficient soever otherwise his learning were, being not licensed a public preacher, so much as to catechize or instruct his parish of any other points of religion, or in any other manner, than was set down unto him by that paraphrastical exposition contained in the said constitution. Illa sola simpliciter praedicet, unà cum precibus consuetis, quae in constitutione provinciali a bonae memoriae johann, &c. whereupon the * Gl. ibidem, verbo simpliciter. gloss saith Simpliciter, [that is to say, without any theme or text to entreat of, or other solemnity, but even as the words do lie.] Furthermore he telleth us upon his own bare credit, that from hence Quarter sermons now amongst us have crept in and had their beginning. But it is rather to be thought, seeing it could not (as the times are) be hoped for, that in every church there Iniunct. artic. 4. might a preacher be placed, that yet they would provide as near as they could, that the people should not be wholly without instruction of the word preached. And where he saith, that the said Quarter sermons are suffered with greater A great slander. corruption, than in those former days they were, and thinketh the same sufficiently proved by that it ishere said In one or in more festival days, as though hereby more sermons were required in a quarter of a year, in those days than are now, I think it is sufficiently answered afore. But because the author imagineth some advantage would be taken against him hereby, seeing it is here said, the priest may make this exposition By himself or another, he thought good to stop this gap also: and answereth to this effect, as I conceive it; that this is not therefore tolerated to be done by another in respect of the disability of the minister himself, but in respect either of manifold businesses, bodily infirmity, open hostility, or some other necessary occasions. And he proveth this to be the sense of the said constitution provincial, by an argument taken out of the canon law, reasoning A maiori ad minus affirmatiuè, An absurd reason like a deep Logician: that because it is not tolerable for a Bishop to procure the people whom he ought to teach, to be preached unto by another, only (for want of skill) in himself, but upon some of the afore recited considerations, therefore it is not lawful for a common minister to procure another to preach for him; where his own skill is not sufficient. This he enlargeth also by two examples altogether unlike to this matter we have in hand. For though want of learning may and aught to be a sufficient cause to keep a man from preaching in his own person, and to force him to supply it by some other, though a very slender skill will serve for the preaching which here is meant; yet for not personally visiting: not that, but other lawful impediments must be alleged, considering the like skill is not in the one as in the other required. That which he quoteth out of the chapter Conquerenti, Ext. de clericis non residentibus, is not found there, but taken by him from some other man's gatherings out of it. All the words thereof looking toward this purpose any way, are these, Vel quòd eidem ecclesiae non deseruiat, or if he serve not the said church. Which indeed must needs be meant of personal serving or residence, because a man cannot reside by another, no more than he can Corporaliter rei incumbere, naturally possess by another, though civilly he may do. The decision of that chapter is this: Whereas one would have extorted twenty shillings annuity from the incumbent of a benefice, by colour that the said benefice had been once collated upon him; it is decided that he should surcease for ever that claim, if either he had other ecclesiastical benefices, or did not serve the said church himself: which is very far from proving that he may not procure another to preach in his cure, which is not a preacher himself. 14. Section. Pag. 24, 25. THat which is brought here in the first place to prove, that It is directly forbidden to depute another in the office of preaching, hath no direction to lead us to know from whence it came: which therefore would (as by other dealings we have had cause) give suspicion to fear some wresting or perverting, if it had any show of substance for that purpose. But nothing can be gathered of it, but that such as especially C. vlt. §. caeterum Ext. de officio de legati. and extraordinarily had that office of preaching the cross recommended unto them; which (as I take it) was to persuade men to go to war against the Saracens and inhabitants of the holy land, because their industry and sufficiency was before the rest herein chosen, could not therefore commit over that duty unto others from themselves: Nam substitutus, cuius industria praecipuè est electa, non potest substituere sine speciali mandato. And I hope that the author will not hereby gather, thát by law now in force, a man is utterly and simply forbidden to have another to preach in his cure upon any occasion, for then all our new doctors De rob curte, who intrude themselves upon other preachers having pastoral charge, must be feign to give over their cloaks, and put up their pipes. This also is a fallacy, A secundum quid ad simpliciter, thus to reason: Those that have the preaching of the cross, to excommunicate or to absolve, by letters of commission committed unto them, cannot depute others in their rooms; Ergo none appointed to preach, may procure others to preach for them. Again, it is untrue, as shall appear after, that every minister by his ordination is made a preacher. Also the law * Reg. iniuncti. art. 80, & 40. Vide resp. ad. 40. sectionem doth expressly in many places authorize a minister to suffer preachers to preach in his cure, and therefore it cannot be doubted but they may have this duty furnished by another. The next alleged out of our provincial constitutions doth reason thus: [Persons and Vicars ought to labour to inform the people committed unto them with the food of God's word, according to the measure that shall be inspired them; Ergo, it is directly forbidden that the office of preaching should be deputed to any other.] Hereof me think a man might more probably collect against the principal matter now handled, seeing the synod knew well enough the words of preaching, sermons, and such like: which nevertheless in this place having so fit an occasion, it doth not use, but tempereth it in other manner by [Feeding according to the measure that shall be inspired into them, that therefore it was not the meaning of the synod to exact of every beveficed person a necessary ability of preaching, but were contented to stay upon a competent skill, where more exact learning could not be procured. But a modest man would have been ashamed thus purposely to have abused his readers, by sending them to seek the last constitution by him alleged in stead of * C. presbyterorum consti. prou. de off. archipresbyteri. another brought in afore, or yet to avouch that this place more at large manifesteth his purpose, to prove that one may not preach for another: whereof it hath never a word, nor yet any resemblance: neither yet doth it exact of them to preach, but to Inform their parishioners by the food of God's word, which may be done many ways beside preaching, though not so profitably. And therefore the gloss distinguisheth preaching from doctrine and other * Glossa ibid. verbo latraeu. information by a disjunctive, as being divers things. The beginning of the decretal Inter caetera Exit: de off. judicis ordin. pertaining only to the Bishop, may well be a reason to enforce a necessity to have the people of God fed with the word of God, but it nothing helpeth any of these his Three issues by the author to be prooned. principal issues, that he is no minister at all, who cannot preach, or that there may not be admitted the former degrees of several measure in learning, or that a man not able to preach, may not procure that duty by another to be supplied. And if it had pleased him to have called to remembrance the next words following the allegation which he brought in the next page afore, out of the same Pag, 23. in fine. chapter, he might have seen * Inter caeterae Ext. de off. iud. ord. generali. there, that Bishops either hindered (as there is said) or having great dioceses, should choose fit men for the office of holy preaching, which in their stead (when they are otherwise letted) may execute the said office, and carefully visiting their flocks committed unto them, might edify them by word and by example, and so be joint-helpers and workers with them. Therefore if that decretal should contain a reason, why one might not preach in another's stead (as the author seemeth to think) it were a very strange Antinomie and Brocard hardly to be reconciled by any supersubdistinction whatsoever. 15. Section. Pag. 25, 26, 27. Pag. 23 AN inquisition in this behalf, how the priests, whom he transiateth Elders, have done their duties, being no otherwise than is showed before, doth not add any weight to the former proofs, for any of the said three issues set out: and the words of Preaching or publishing, used with a disjunctive, do argue plainly, that he did not deal simply before, when he would have the expounding in the vulgar tongue, of the articles of belief, the ten commandments, &c: to be so many sermons, seeing they are here plainly distinguished, so that any publication thereof sufficeth. For a * Bald. in l. 4. C. de. ver. & rerum. signif. gl. in c. Ext. part Ext. de rescript. disjunctive being put betwixt two persons is understood for a copulative, but being set betwixt two things, (as in this place) it is far otherwise, and implieth a disjunctive indeed, though the gloss do seem otherwise to salve it. For every publication of a thing cannot be called preaching, as we use the term in common speech. But why are Presbyteri such as are to expound in the church, translated Elders? I trust he mindeth not hereby to shut out all lay men from the eldership or signiory which is dreamt of, lest peradventure he himself be Exclusisstmus. But here he enforceth again, a place before alleged, accompanied with two other glosses: the place was afore spoken unto, and the glosses speak not to any other purpose (as is evident) than to require and with as great ability in a minister as conveniently may be had; yet not condemning thereby all As intrudors or as no ministers at all, that have not aspired to that perfection, which is the point in issue by him laid down. But in these two glosses also he keepeth his old wont, to quote them so generally, that a man may seek them where he will, for he shall be sure (by any direction he giveth) never to find them. For although in nine or ten pages afore (many other allegations being brought betwixt) he alleged the Constit. Othoni● cum sit ars. place from whence he borrowed them, yet now as though it had been the next allegation before, he useth the quotation of Glossa ibidem, the which dealing with other like by him used, do argue this at the least, that he was loath to seem to borrow so much out of one place, lest he should thereby bewray his want. I the will gather for his purpose any thing of that which Rebuff. saith, [That those are accounted utterly unlearned, that know not how to do the office to the which they are bound; then must he first prove that no ministers besides preachers do know how to do the office to which they are bound, and that of necessity the office of preaching is incident to every minister, according to that understanding that this word Preaching is usually taken in. Yet it is very general thns to allege Rebuff. without quotation, who hath written many books, and some of them of great largeness. All that I can find any thing sounding this way, is Rebuff. in praxi benef. pag. 9 infol. this; Illiteratus, etc. A man unlettered cannot be preferred, because he that (caret literis) that is, cannot read, or is not book-learned, cannot be fit for divine offices. The Art. 43. Iniunct. Regi. injunction which he allegeth, provideth that such as not long before the making of the said injunctions had been made priests, being children, and otherwise utterly unlearned, should not by the Ordinaries be received to any benefice or cure, but rejected. The equity of which injunction I grant (though it be out of the letter) remaineth still unuiolablie to be observed, that children and men utterly ignorant, be neither received into orders, neither if by any sinister means they have crept in, that they be admitted to benefices and cure of souls. Now the author having by way of recapitulation ministered forth all his former proofs, he telleth us in effect plainly though he made show to prove, that no competency or conveniency of learning, without an especial ability of preaching, would serve any ministers turn to be excused from intrnding, and from being accounted no minister at all: yet it was A malicious conclusion, yet far from his proofs. not this which he looked at especially, but to leave an impression in the minds of the readers, That our dumb and unpreaching ministers have not so much as a competency or conveniency of learning, whereby he might debase them and bring them into obloquy. So that it seemeth they might have his commendation and allowance to continue their rooms, if this competency were but in them, whatsoever he hath aforesaid sounding to the contrary. But he is angry also with their Bare reading, and very peremptorily assureth us, That they shall never be instruments of the Holieghost to work faith in the hearers: but he limiteth it with this word Ordinarily: which he seeketh to establish by shalt of S. Paul; And how shall they hear without a preacher? Truly, as it must needs be confessed that the plain resolution and unfolding of the word, in scripture called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The aright cutting thereof [and the giving of the due and fit allotment of it in season] which is performed by discreet and pithy preaching, is an ordinary and the most excellent means to engender faith: so is it a great error in divinity, to think that God never blesseth the reading, or the hearing of his word read, but extraordinarily. For then, why is it commanded Deut. 6. that the law of God should be rehearsed continually to our children, that we should talk of the commandments in our houses, as we walk by the way, and when we lie down, and when we rise up, that they should be tied for a sign upon our hands, and as frontlets between our eyes, that they should be written upon the posts of the house, and Psal. 1. Psal. 119. john. Act. upon our gates: that we should meditate therein day and night, that all the day long our study should be in his law, and that we should search the scriptures? Also why was Moses read in the synagogs every sabbath day, and they of Thessalonica commended for their reading of scripture, and conferring it with that which they heard? And shall we say that so many thousands, as in late time of persecution were converted from idolatry by reading of scriptures A perilous and uncharitable doctrine. and divine treatises, obtained not faith by ordinary means, or that without especial miracle and extraordinary working none are saved in this church of England, where their minister is no public preacher? And is not the declaring and publishing the word in the mother tongue, wherein (as Augustine saith) In those things that are there plainly set down, is sufficient for faith and conversation, a kind of declaration and preaching forth of the Lords will unto us? But upon what ground that other vehement accusation of his standeth against such our ministers as be no preachers, That they rob the Holieghost of his proper honour and office, whereby he inspireth the preachers of the gospel with the spirit of wisdom, etc. in truth I cannot conjecture, except he will gather it thus: Preachers of the gospel are in good measure inspired by the Holy-ghost with the spirit of wisdom: Ergo, whosoever be no preachers, but do only read the word of God to others, do rob the Holieghost of his proper honour and office. Which argument if I should deny, having but propounded it once, I should do wrong to the simplest readers capacity that may be; even as he hath abused their patience to propound it. 16. Section. Pag. 27, 28, 29. NOw belike as being privy with himself, that he hath brought no sufficient concluding reason to prove such a necessity for every minister to be a preacher, as that thereof it should follow such to be no ministers at all, who are no preachers, he seeketh by exhortation (though beside the rules of Rhetoric) when he at the first jump calleth them Idols, to induce them to yield up their places, which they unjustly (as he saith) do possess. And if in strict points of divinity, this be thought lawful, and that there might be found such as he fancieth fit for sufficiency, to supply all their rooms, I would with he could persuade thus far, not only with those whom he calleth Idols, mumbling, dumb, and unpreaching ministers, but with all such parrot preachers also, as being destitute of learning, discretion, and humility, have rather boldened themselves to speak, than learned to speak to purpose. The canon of Gregory by him cited, toucheth not those 1. q. 1. c. si quis ne que. who have entered into the ministery, being not sufficiently qualified with gifts incident unto it, but such as either indirectly, corruptly, or upon sinister and simoniacal respects only, have taken upon them that function. And of such do the next two allegations also by him brought, only speak. All the other which he throngeth together, saving the two last, do contain dangers and upbraid of such Bishops, which for their want of government; or of their ministers, which for their dissoluteness of life, are scandalous and offensive to others. Whom (how well soever qualified for learning) as it is meet to remove from their functions, so is there nothing here brought, whereby it is likely they will be moved willingly to yield of themselves, seeing every man is too partial a judge in his own affairs. In the two last, where that prelate which cannot teach (for the word Doctrina is only used) is likened to a capon, and said to be no true prelate: We are to remember, that they are but the words of the gloss upon the provincial constitutions, and not belonging to any of the places quoted out of the decrees; and if they be uniformly to be understood with the rest, are meant only of Bishops. Unto which two glosses, the one upon the constitutions of Otho. and the other upon the provincials, he is greatly beholding, for furnishing him with so great and so gay a show. Yet they serve him as men are used to be that take of trust: they are not so peremptory for his purpose, as he would make it. For first they only speak of the prelates government and conversation, and not of his doctrine or preaching. That in the * 83. dist. c. nihil. first rank calleth not the Bishop a wolf, but saith, he is a miserable Bishop that seeketh to please wolves, for he cannot please both them and the flocks of sheep. The * 2. q. 7. c. qui nec regiminis. next likeneth not a prelate to a shameless dog, only for not correcting the faults of his children, but also for want of government in himself, and for not bewailing his own sins. That which followeth taken out of Augustine, is appliable to all men as well as to prelates, and showeth how a dove that is a true believer may be discerned from a raven, that is a filthy liver. * c. non omnis ibid. Not every one that saith, Peace be unto you, must be listened unto as though he were a dove: the ravens are fed by the death of other things, this quality the dove hath not, which liveth of the fruits of the earth, and therefore his diet is blameless. The next is not found by any direction which he hath set down, but he might have alleged the gospel for it, speaking of salt that hath lost his taste. The * c. in mandatis 43. dist. place ensuing next, is by him (following only his gloss) wrong quoted. But if he think he may gather of that which the last gloss saith, of a prelates dumbness in teaching (which I have showed not to be always coincident with preaching) that every minister is thereby of necessity to be a preacher: I am to say, besides that which is spoken to the first section, * Gl. in Cle. 2. de sepulturis verbo praelati. that Under the name of a prelate, the person of a church is not contained. The crimination and blame, which he layeth upon our chief prelates for admitting any into orders, not enabled as he fancieth, (if otherwise they have discharged their duties as I hope) will easily be answered when it shall please him to charge any in particular, Loco & tempore congruis, whereas being delivered in this manner, it cannot serve to help the matter, but only to open the rankness of his stomach, and by the contempt and obloquy of them, to wound the common cause. 17. Section. Pag. 29, 30, 31. THe author being now come unto the manner of making deacons and ministers in this church of England, and pretending so good liking thereof, that he cannot endure the least wrench aside in any small circumstance of it, seeking also to move, before he hath taught or showed any breach of the said order, and to the intent he might breed further attention, or else indignation in his readers, he putteth on of a sudden Cothurnos tragicos, and lostilie advancing his speeches, swelleth in words like the Ocean, Proijciens ampullas & sesquipedalia verba. The occasion of all this stir, is briefly this: because When ministers are to be made, it is an action whereof deliberate consideration is to be had, and wherein when all is done (as it is imagined) that can be done, yet in truth there is (as he saith) nothing so nor so done. I do easily assent unto him, that a marvelous great care in so weighty an action ought to be had. But that when all is done, as it is imagined can be done, yet nothing is so nor so done, is An obscure riddle. so deep and inextricable a riddle for me to unfold, that I must confess myself herein Daws, and not Oedipus: except I should thus guess, considering the humour of the man elsewhere, that though all prescribed, were as exactly observed as might be, according to the order there set down, yet is it not such a form of ordering ministers as it ought to be. If this be his meaning, why should he be so incensed against those who break that, which he himself misliketh? Or why doth he thus terribly exclaim, as though he would Inclamare coelum, terram, & maria Neptuni, against the breakers of an order either ungodly or inconvenient? By the way it is to be observed, that the holy days besides the sabbath, he calleth Their own festival days, intending as I gather by this contemptuous speech, The author's nipping at hosie days. that the observation of all such days is unlawful, and that they are not commanded by her majesties laws, but established only by the Bishops. That other days, beside the sabbath may be commanded as festival by the chrstian magistrate, the practice of the people of God, though straightly bound to the ceremonial and judicial part of the observation of the sabbath, as well as to the moral, which alonely we are tied unto, doth sufficiently teach us. For beside that God, who indeed is a lawgiver to us, and not to himself, did command beside the sabbath, many festival days and solemn times of holy assemblies, joy and rest, (to let pass their a Num. 28. 2. Paral. 2. 2. Paral. 8. Esdr. 2. Isai. 1. solemnities in the new moons or kalends, because in them they rested from no kind of labour) as namely the b Exod. 12. passover, the first and c levit. 23. Deut. 16. seventh day of sweet bread, the feast d levit. 23. of first fruits, the e levit. 23. Num. 18. Deut. 16. 2. Macca. 12. feast of pentecost or of weeks, the feast f levit. 23. Psal. 80. of trumpets, the feast g levit. 23. levit. 16. Hier. 36. of expiation, and the h levit. 23. Num. 29. Deut. 16. Neh. 8. feast of tabernacles; divers also were instituted and commanded to be kept by holy men: as the i 1. Reg. 8. 2. Paral. 7. feast of dedication of the temple by Solomon, at the k Esdr. 6. dedication also by zerobabel, the feast of dedication l Macca. 1. john. 10. of the altar under judas Macchabeus, which being in winter, is thought to be the same feast of Encaenia, or dedication which Christ honoured with his presence in the tenth of john's gospel, the m jud. 11. feast of morning for the daughter of jeptha, the n 1. Macca. feast of fire, the o jud. 16. feast of judith's victory over Holophernes, the feast p Esther. 9 of lots, and the feast of victory q josep. li. 12. over Nicanor the king of Syrias general captain. And if the lawfulness to command such being granted, it shall nevertheless be thought no such thing amongst us to have force of law, (as I have heard it to have been more confidently than truly avouched by some) such are to know, that both the statute 1. Eliz. cap. 2. doth establish the said days, and that her Majesty authorised by the said act, hath authentically ratified long ago by her royal authority to be showed, both the fasts & festival days set down in the bulgar calendar prefixed before the book of common prayer. Neither is this circumstance of a sunday or holy day spoken of in the body of the book of The form and manner of making and consecrating Bishops, Corruption of the book. priests, and deacons, but in the preface only; neither is it there spoken of other, than of Admitting a deacon: neither yet there, or in him is it necessarily required, but only it is said, that The Bishop may upon a sunday or holy day admit such a man so qualified, as is there prescribed, a deacon. The other circumstances by the author set down, which he thought he might carry away in a cloud with a stream of words, as of Churches being destitute of a pastor, of a solemn assembly, and convocation of the chiefest of the governors of the church, to be gathered together in the chiefest city of the diocese, to present, &c: are required without book by our author, and are belike some Falsification of the book. part of another platform, which he mistook in steed of this church of England's order. But if he enforce those words of the statute 8. Eliz. confirming the said book, And shall from hense-foorth be used and observed in all places within this realm, for the necessary observation of every circumstance arbitrary afore: then must we desire him to rub over his logic and his law, and to remember that herein we must Reddere singula singulis, that such things as were of substance in the book, and such as were of circumstance or arbitrary solemnity, are not hereby altered, but are to be taken in that nature now, as they were before in the book. As concerning the qualities requisite in one to be admitted a deacon, I marvel he will number Follie in the author. that which resteth in experience afterward, and which the party is to promise in time to come to perform; to wit, To be diligent in his calling, as a thing to be weighed before his admission. And if by the circumstance of Calling, he think may be inferred any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or popular election, or any other devise whatsoever, more than an inward good motion of the party, he may be convinced sufficiently by those words, Shall present such as come to the Bishop to be admitted. The circumstance of being presented by the archdeacon, although at solemn and set ordinations it be most usual; yet is it not of such necessity, but that it may as well be omitted, as the Bishop may ordain one alone, when there is no more, though the words of presenting do run in the plural number. To which effect it is also said in the preface, that the Bishop knowing either by himself or by sufficient testimony any person to be a man of virtuous conversation, etc., may admit him, &c: so that the circumstance of Presenting is not of any substantial form of the matter. In reckoning the offices of the deacon, our Falsification. author omitteth this limitation, In the church where he shall be appointed, also to baptise and to preach, if he be admitted thereto by the Bishop: and this likewise to search for the sick, poor, &c: Where provision is so made, as not serving belike so fitly his turn as he wisheth. Whereby we may gather, what liberty this man (who findeth such fault with other, for omitting such and so many requisites as he fancieth) doth yet permit unto himself to leave out of his own distributions. 18. Section. Pag. 32, 33, 34, 35, 36, 37. OUt of a part of the form of ordering priests, in this section our author thinketh he hath observed two Principal points for his purpose: one, that The minister chargeth himself to teach and instruct the people committed to his charge, with the doctrine of holy scriptures, and this he passeth over very briefly: The other, which deserved with him a marginal direction, is, that The Bishop bindeth him, as well to minister the discipline of Christ within his cure, as the doctrine and sacraments of Christ, etc. and that therefore [the minister may as well admonish, denounce, and excommunicate offenders within his charge, as a Bishop may within his diocese. The first whereof pertaining to teaching, required of the minister, although it prove not a necessary coherence of preaching with the ministery, seeing many besides preachers, as the father, the master, and the householder, are to teach and instruct in godliness, those who are of their charge: yet is it more peculiarly incident to the treatise here in handling, than the other observation concerning discipline. But shall we say that this man is well advised, in seeking to inspire every minister with a power The author's contrariety. to execute all discipline in the church, and that by law now in force? when as in a peculiar treatise of this book, he laboureth to prove that by law Excommunication by one alone is forbidden; whereby he pulleth down with one hand, that which he built with the other, and showeth himself either very forgetful, or passing inconstant. And hereupon I would be resolved by the author or some other, whether he think this endowment of every minister, with the execution of all discipline, admitting but not granting it to be so by law, to be a convenient policy, for the unity and quiet of the church? And whether he himself had not rather be under the form now in practice, in regard of his own contentment, than under the infinite dictatorship of his own minister? Or else, whether should appellations from the judgement of the minister in this respect be allowed of, and whether to the Bishop, or to whom? And whether the Bishop by this interpretation of law, shall not retain his authority of executing the discipline of the church upon every particular minister, and in every several parish as aforetime, seeing the author saith As well as the Bishop in his diocese? And if he shall, what if the Bishop upon good cause, and for abusing of the authority, shall suspend the minister from his jurisdiction of executing discipline? Is he not at the same point he was at before? And what if the Bishop himself dwell in the parish, who shall then have the pre-eminence? And what if the ministers discretion serve him, upon some small or surmised cause to excommunicate some great peer or noble counsellor of his parish, whose indignation may turn the whole church to great mischief? Or to proceed against his patron, who peradventure hath a bond of him to resign? As many covetous coruorants and Nimrods' have in these days, whereby the ministery is more enthralled to the corrupt devotion of one man, than by all the laws that any way may concern them. The author seemeth to me to divide the discipline of the church, which he would entitle every minister unto, into admonition, denunciation, and excommunication. If by denunciation, he mean the publishing of excommunication done by himself, then is it a part thereof: if (as I rather think) he mean the second degree of proceeding upon faults not public, specified in the 18. of S. Matthew, then is this common with the minister unto all other christians, even as admonition is being the first degree. And where the minister is the party offended, and hath not prevailed neither by his admonition in private, nor his denunciation before two or three; to whom shall he tell it in the third place, where he himself hath the authority to excommunicate? But the power of binding and losing, according to the word of God, and the censure of reproving and sharp rebuking of public offenders, which do contain indeed the whole discipline, meant to be attributed by this church of England unto private and inferior ministers, why are they left out in this place? And why did he not also yield unto every minister, as well as excommunication, the censure also against obstinate heretics, and of anathematisme, supposed (by the best interpreters) to be a higher censure than excommunication, and used when all hope of amendment is gone? And touching his second question, whereof only (as it seemeth) any doubt is made, Whether 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? I say, that as this question is contumelious to this whole church, by insinuating a jar in those points to be established by our laws, with The commandment of God: so is it a very captious and sophistical question A division, because he divideth those things Inconstant dealing in the author. that not only the book hath joined together, but he himself within ten lines afore, upon the like copulative conjunction, urged the like concurrence of two other several members in this selfsame sentence. And for answer to the question, I do affirm that these three are to be ministered, both as the Lord hath commanded, and as this realm according to the commandments of God hath received the same. So that the one of these clauses shall not be understood, either to [limit or restrain:] the other as he unskilfully thinketh may be objected, nor yet Dispositivelie, as though the law meant by authority hereof to establish that the order in these things by the realm received, should be holden as agreeable to the word of God: but must be taken Enunciativelie, to declare and affirm (for the further encouragement and comfort of those who are to minister these things) that following the order by law established, they shall do agréeablie to Gods will. Not that it is to be thought that every ceremony, form, or circumstance about these three things, are either in particularity delivered in scripture, (as this man hath not alone absurdly fancied) or that there in either this church or any other is or can be tied to any such certain exact form In hypothesi as we term it: but that certain general rules for Articles of religion. 34. art. ceremonies and government, being there set down, every church is to follow the said rules, in such particular manner as they shall judge (all variety of circumstances weighed) to be most fit for the editieng and governing of that people. For judgement whereof, I think that way surest to follow, which hath had the best proof and experience of profitableness, by longest continuance of time, and purer antiquity, so that it be sure, no commandment in the word to be to the contrary. And where as he concludeth, though without premises, that A Bishop and a minister ought to minister the discipline of Christ, as the Lord hath commanded, though the laws of the realm should not have received the same, & afterward in plain terms saith, That our discipline used in the church of England, is not the same which the Lord Christ hath commanded: he doth first justify that slander of this church, which his question afore The author's slander of the whole estate. did insinuate. secondly, he directly cotrarieth both that which the book by law established, & which he himself had a little before affirmed in these words, That the discipline is to be executed by the Bishop, as he hath committed unto him by God's word, & as he is appointed by the ordinance of the realm to execute. lastly he hereby both giveth liberty to Bishop and minister, to use what form so ever of discipline shall seem to them grounded upon God's word, and doth as it were cry an alarm to all men, to oppose A seditious asseveration of the author. themselves against the discipline of this church, as wicked and not agreeable to Christ's institution. But let us a little examine his proofs, whereby he goeth about to infer, that The discipline of the church of England is not according to the commandment of Christ. The first reason, that It appeareth by the word of God: and likewise the second, that it so Appeareth also by the discourses written by the learned to and fro, are two childish fallacies, A petitione principij, proving a thing in doubt by a matter as much or more doubtful, for who being of a contrary opinion, will not strait tell him, that his proof is as evidently false as his conclusion. That which is said of The discipline of all reformed churches, maketh more against him than he is ware of. First, more reformed churches come nearer unto our outward policy, discipline and ceremonies, than those are in number who seem to dissent from us. Again, few or no reformed churches, especially of several nations or dominions, do jump in one external policy of discipline or ceremonies. And why is it not as lawful for us herein to differ from them, as for them to differ amongst themselves? And how is it possible if such a set form (as is pretended) be set down in scripture, that they all differing so much one from another in external policy, should all be ordered therein according unto the commandment of Christ? and thus to be brought as a squire to level us by, who are alonely belike in his fancy wide from the right discipline: where as I see no cause in any respect, why they should not rather take light of us, than we of them. That which he speaketh of master Nowel's catechism, is very general, and requireth the perusal of the whole book. But I suppose this to be the place which he meaneth, where toward the latter end of the book he saith: In * pag. 652. graecolat. Catech. 1573. well ordered churches a certain form and order of government was instituted and observed, certain elders, that is to say, ecclesiastical magistrates were chosen, which should retain and practise ecclesiastical discipline. And doth our author think that this man here doth mean their lay presbyteries never heard nor read of from the beginning of the world, till within these forty years or little more, because he nameth them ecclesiastical magistrates? A fool fancieth that bells do ring and almost speak any thing wherewith he is delighted. Or could he gather, that master Nowell here condemneth our church's discipline, as not agreeable to that which Christ hath commanded, if he had directly said that in some well ordered churches an order of discipline differing from ours is observed? Doth this follow; Some well ordered churches differ in some points of external discipline from our church, Ergo ours is not the discipline of Christ? Then by this reason should no reform churches be said to retain the discipline of Christ, or to be well ordered, many of them upon diversity of occasions differing even from themselves before, and every one in some point or other differing among themselves. Are all the churches of Denmark, Sweveland, Poland, Germany, Rhetia, Vallis, Tellina, the nine Cantons of Switzerland reform, with their confederates of Geneva, of France, of the low countries, and of Scotland, in all points either of substance or of circumstance, disciplinated alike? Nay, they neither are, can be, nor yet need so to be: seeing it cannot be proved, that any set and exact particular form thereof is recommended unto us by the word of God. And therefore master Deane of Paul's, in the said * Ibid. pag. 16. book saith, that one end of so many counsels gathered so often in the primitive church, was this, to make canons, For the external government of the church, which had not needed, if such a perfect platform had been delivered thereof in scripture, as some men vainly blunder about. And I verily do persuade myself, that he being a man yet living, and well known to be far from any unreverent opinion of the state and policy of our church, whereof he is no inferior member himself, and being best able to interpret his own meaning, would if he were demanded, quickly convince this man of factious and slanderous wresting and racking of his words. And seeing he objecteth unto us the precedent of reformed churches in matter of discipline, let him first by some proof out of scripture, or ancient writers approve unto us, if he can, the debarring of the civil magistrate from all government in ecclesiastical causes, and a presbytery or signory consisting most of lay persons; yet both of them practised by some churches, which he and his clients most admire: and as he shall deal in these, he shall have more of our work of like nature, which peradventure will trouble the sconces of all the new discipline-framers we have, to avow by good and substantial proofs. Now upon the quite overthrow (as he wéeneth) of the discipline of this church of England, he layeth forth in behalf of all inferior ministers, an action of wrongful detinue (for I think he will not say, it is but novel disseisin) against Our Bishops and archdeacon's, for challenging all punishing of malefactors within their several jurisdictions. If it be their jurisdiction by law, why may they not so do? Forsooth because They permit not the minister to exercise any discipline at all. Yes truly, as was touched afore, they do and may execute the discipline of declaring by doctrine according to the word of God, men's sins to be bound or loosed, and the censure of rebuking and reproving openly those that do freeze in the dregs of their sins, which are not the least parts of discipline: which is as much (for avoiding of intolerable inconveniences which otherwise would ensue) as is expedient to be attributed unto every one, and so is it all which the law doth enable them with: as may be easily gathered out of the very same demand of the Bishop: for at the latter end thereof it is said; So that you may Teach the people committed to your care and charge with all diligence to keep and observe the same; so that the discipline which the minister is to execute, reacheth no further, than to Teach his parish with all diligence to keep and observe so much of the doctrine, sacraments, and discipline of Christ, as appertaineth to them. And if no especial pre-eminence might be attributed in matter of execution of discipline to one minister above other: why is it said by S. Paul, excommunicating, the incestuous Corinthian, Absens decrevi, being absent I decreed, 1. Cor. 5. seeing they had ministers of their own, and willed the denunciation of the said excommunication afterward to be done openly in the church? And at the time of his absolution, Paul being absent saith, To whom you forgive any thing, I forgive also. Likewise speaking of the anathematisme of Hymenaeus and Alexander: I have given 1. Tim. 1. them up unto sathan, not naming either their own minister, or any signory. But we must yet a little follow our author leaping back for Another reason, to prove that This statute hath appointed the discipline of Christ to be ministered as the Lord commanded only, and none otherwise: which we will easily grant him, understanding it in a generality, & not as though every particular ceremony, rite or circumstance of external policy, if they had been (as they are not) in scripture mentioned (but being not commanded) were at an inch to be followed. For else how could the primitive church without any prescript word (I do not only say have brought in a new ceremony) but have altered the sabbath day by God appointed at the first, and being our saturday, unto the first day of the week in scripture twice or thrice called the Lords day, and with us sunday: or yet the time of receiving the sacrament of the eucharist, being according to the institution usually received after supper, to have it received as it is in the morning fasting? His reason for the proof of this conclusion I gather up thus: If this part of the book do not abrogate all discipline used in time of popery, amongst the idolatrous priests, as well as their false doctrine and profanation of the sacraments, then doth it ordain nothing: but it doth ordain something, or else it were an absurd law: Ergo, it abrogateth discipline used in popery. If this conclusion were granted, yet his matter he hath in hand would not here upon be proved; to wit, That therefore discipline is no otherwise to be ministered, than the Lord Christ hath commanded. But I have showed afore this Minor to be false, and that those words of the Bishop do not dispositivelie ordain or abrogate any thing for discipline, more than they do for the doctrine or sacraments which were provided for by other acts, and not by these words, which were indeed absurd once to be imagined. Also his Mayor followeth by no consecution: for it might have been that those words had ordained something, and yet not to have abrogated all the discipline used in popery, except it had by him first been showed, that the same was contrary to the commandment of the Lord, and otherwise than this realm hath received it. Which being not proved, we may conclude, that he hath in all this section played upon the Petitio principij, a fallacy not fit for his person pretending some learning, and too plain for a man to be overseen in. And therefore in his conclusion hereof, he might have spared his vehement expostulation of [Open wrong, and intolerable injury by the chief A proud and insolent term, full of pharisaical contempt. prelates, for denying to the saints of God, the discipline they call for, etc.] But if he mean the discipline passively, I think he and his fellow saints have had some wrong at the chief prelates hands a great while. If actively, that every minister without check might have the execution of all discipline in his own parish, I do verily believe, that this man and others, who so earnestly call for they know not what, if they might not be themselves also elders, ancients, or what you will, saving priests of the signory, would be the first weary of it. For if I know their disposition any thing, they are as unpatient as any men, to be at controllement, and most of all by a poor minister. 19 Section. Pag. 37, 38, 39 THe question here asked, whether It was the meaning of the parliament, that the Bishop should command an apothecary not exercised at all in the holy scriptures, and altogether unable to teach, to be notwithstanding a faithful dispenser of the word of God, and to take authority to preach? hath a very ready answer, that it was not their meaning, that any Not exercised at all, and altogether unable, should so be commanded or authorised. Neither yet is it to be gathered hence, that they meant to have none admitted, having otherwise competent gifts of learning, and reasonably trained in the scriptures, but such as could discharge the duty of a preacher, as this man elsewhere would enforce. For to what purpose then should that limitation have served, which the book addeth (but our author passeth over as though he saw it not) to wit, To preach the word of God, and to minister the holy sacraments in the congregation where thou shalt be so appointed? The second question, Whether their meaning was to bind the minister to perform by himself this duty to preach, or that it should be done by a third person; I take may truly be satisfied thus: that neither the minister if he be not able, and therefore not authorised well to discharge that great work of preaching, should himself preach: neither yet if he were authorised, and no other impediment hindering, that he should loiter himself, and post it over to another. And therefore he might have spared to have alleged his two texts, as one and with one quotation, being no more to purpose, but that he meant to disport himself a little with his [masters the doctors of the canonlaw,] which elsewhere he saith have by ordinance long since been inhibited from taking any such degree, and Doctors of the civil law: Burgesses in the house of parliament. Pag. 240 Truly his skill in law appeareth to be so little, that a very doctor Buzbie might well beseem to be his master in law; and yet his memory is so fickle, his inconstancy so great, his passions so furious, his pen so slanderous, his mind so haughty, and his words so virulent in this book, that an honest quiet man, though he were not troubled with parliament matters (as this man is Iwis more than becometh him) would be loath to be troubled with such a heady scholar. The other member of this text alleged out of the §. Si quis alium institut. de inutilibus stipulationibus, if he had not taken it out of some summary by retail, as appeareth both by his receding from the words of the text, and by jumbling two texts in one, would have put him in mind, how little it maketh for his purpose. If a man (saith the law) have solemnly promised to procure that Titius shall give so much, he is thereby bound: though if he promise that Titius shall give so much the stipulation be void. The other examples brought by him, being so by the first disposition tied to one person, that it is not sufficient to have them done by another, do not prove generally, that where any person is appointed for the performance of a matter, that it must be done by himself personally, no not always where the industry of the person is especially elected, as appeareth in our Sheriffs though personally sworn, yet allowed by law their undersherifs. And the civil law saith: He * l. 5. ita autemff. de admin. & pericu. tut. §. quod si quis. seemeth to have dealt in a gardianship of a ward or pupil, that hath dealt in it by another man. And * l. 22. non solùm ff. de liberali causa. again: We are to take it, that he is said to have bought, which hath bought by another man, as peradventure by his attorney. And therefore though it need not be so said in this place, yet these his allegations notwithstanding, a minister might have performed this duty by him undertaken, by a third person lawfully. But here the minister is only to promise to Preach if he be so appointed. And the Fourth injunction addeth Reg. iniun. act. 4. hereunto, that if he be licensed hereunto, he shall preach in his own person at the least every quarter of a year one sermon, for the which end, the Ordinaries in most places do require of such as be not fit to be licensed to preach, that they procure such duty to be done by another, which is able to perform the same, and is licensed according to order. Where he asketh, Whether the meaning of the parliament were to have the Bishop judge the reading of homilies to be preaching, it may be said that reading of homilies in a strict signification cannot be accounted preaching; yet they serve to edifying, and are a kind of publishing the Lords will, even as well as a sermon being penned, is, and uttered forth unto the people: and they were not by the Bishops, but by her majesties own authority and injunctions under the great seal of England, recommended Iniunct. 27. unto all Ordinaries to see amongst other things, that all ministers being no preachers should read them in supply of sermons, for the banishing of ignorance & blindness. And therefore I do the more marvel why our author should ask this question, Whether the Bishop may commit the office of reading homilies to a minister, and so confidently to avouch that he may not? One reason for proof of this he bringeth; seeing Three kinds of offices are appointed to be in the church, deacons, ministers and Bishops: every officer having his several duty expressly appointed, as reading homilies, to be the office of a deacon: that therefore One private man and fellowe-seruant may not transpose from his fellowe-seruant, an office committed unto him by public authority, which he enforceth by this, that Statute law is Stricti juris, and may not be extended. Here I will also ask him a question, seeing his worship will not permit to His lordship, that which no Bishop never went about to do of his own head and authority; Whether doth he permit unto her Majesty (notwithstanding this distinction of offices and strictness of statute law which full wisely he allegeth) any power to take the reading of homilies, which he will needs appropriate to a deacon, and to lay it also upon every minister? If he will be so good unto her Highness, as to grant her this liberty, it may please him besides the fourth injunction before alleged to peruse the 27. and 53. injunctions, where expressly all parsons, vicar's, and curates, are enjoined to read some homily when there is no sermon, whom I trust he will not therefore conclude, either to be all deacons, or to transpose without authority the office of their fellow-servant unto themselves. But to tie the reading of homilies unto deacons, is so far from all appearance or colour of truth, that in the selfsame place, where he curtailed rather than abridged the office of the deacon, the book setteth down: that it is a part of the deacons office to read holy scriptures and homilies in the church, Where he shall be appointed to assist the priest, not thereby that the priest is excluded from reading scriptures and homilies, if he so think good, or be commanded, and therefore much less where no such deacon is appointed to assist the priest. And if this new topike place were allowable, then hereof we might reason thus: Bishops (as this man hath confessed afore) by the ordinance of the realm are to execute discipline; Ergo, the inferior His argument recorted against himself. minister being another distinct officer, may not transpose it to himself, as in the other section he avouched. Also, ministers are to preach; Ergo, Bishops being of a distinct office may not preach, contrary to all that which afore he hath spoken against dumb prelates. Again, Deacons are by their office by law set down to instruct the youth in the catechism, to baptise and to preach, if they be admitted thereto by the Bishop; Ergo, ministers being a distinct office from deacons (and statutes being strictly to be interpreted) are neither to catechise, baptise nor preach by his own doctrine, and where is then his learned ministery? And therefore I take it that I may safely conclude without offence to his wisdom, that either here he doted, or else he hoped his readers would be such affectionate dotards, as that he might with any show or vizard of likelihod as here, or by racking, wring, wresting, and curtailing, as in diverse places elsewhere, without their further looking unto him how plainly he dolt, easily abuse them. 20. Section. Pag. 40, 41, 42, 43. NOw in this section to make the matter in his behalf seem more probable against the Bishop, he frameth a silly answer (God wots) in his name, that Seeing by statute he only hath authority to make deacons and minister's, and to govern them, that therefore it beseemeth a minister no otherwise to preach, than as he shall be licensed thereunto by him the Bishop. But yet because this fiction was so apparently unprobable, he was content also to temper it thus, Otherwise than according to the form of the book. And indeed I cannot see, but that this may and aught to stay any from enterprising to preach in a settled church as this is, saving such fanatical spirits as will shove themselves into the office of preaching, without any external and lawful calling: seeing that in this church of England, this book is the only external form we have, of calling men into any function in God's church. Now touching the former matter, Whether the Bishop might commit the reading of homilies to the minister, because our author warily foresaw, that both the injunctions and advertisements published by sufficient authority, would to this purpose be alleged: he seeketh to untie that knot thus. Because That (he saith) which was confusedly and indistinctlie appointed in them to be done by parsons, vicar's, and curates, whereof (as it fell out) some were deacons, and some ministers; is now by this statute made 8. Elizabeth, after both the other bounded and limited so, that every proper office should be allotted to his proper officer. But by the way he scattereth a riddle as he runneth, when he saith; The injunctions, advertisements, articles, and this statute doth bound and limit the meaning of the injunctions and advertisements: yet I think he meant only, that the statute bounded the meaning of the other two: and therefore she was to blame that taught him so long to go, before he had learned to speak well. For the untruth of this allotment of every peculiar function to his proper officer, although some are peculiarly tied unto one, and not attributed to any other, I refer the reader to the book itself, and to that which was said in the last section. And so I do this, which a little after he gathereth, Ex uno absurdo quasi concesso: That the office 〈◊〉. of the deacon is only to read the scriptures and homilies by that statute. Now to open more fully the vanity of this surmise, as though the statute 8. Elizabeth, meant to redress reading of homilies by ministers, through making a more orderly distinction of offices than afore: you shall perceive by perusal of the body of that statute and preamble, that the form and manner of making and consecrating Bishops, priests, and deacons, was not devised then anew, but was put in ure and established in the days of king Edward. And though Ad maiorem cautelam, for the avoiding of cavils, of traitorous and slanderous papists, the same book was then established by that act of parliament, yet doth it in the preamble thereof, by many reasons prove, that the said book had the force of law before. And therefore it is very prophetical for that book, which was penned in king Edward's days to Bound, limit, Articles of religion. art. 36. apply, and distinguish offices confusedly delivered by her majesties injunctions and advertisements, which were long after framed. And where our author had said, that A minister must minister the doctrine and sacraments, and discipline of Christ; what needed he to have added And preach only, if (as afore he would have enforced) under Doctrine or teaching, preaching be necessarily always employed? But afterward, upon better rubbing of his memory, he telleth us, his meaning is not to Exclude the minister from reading the scriptures, and praying with the people: duties without which preaching cannot be done. If by reading the scriptures, he mean the ministers private study; then he reasoneth not Ad idem, which is ignorance of the Elench. But if he understand the reading of scriptures in the church, than I see no cause why by his own platform, the minister should read any scriptures there, besides his theme for his sermon: nay, how can he read any scriptures, when the deacon hath read them all Contrariety of the author unto himself. afore? And if he will needs read the scriptures publicly, why should he be suffered (by this man's construction) to invade The deacons proper office, and to transpose it to himself? And therefore the copy of the supplication and submission of the Bishops, which he hath here drawn in their behalf, as though through their [Abusing of her highness laws] no means according to law could be found, for reading of homilies, where the minister is no preacher, but by a deacon; he may well spare till they have nèed of it: at which time peradventure they will procure a better clerk than he is to pen it. Yet hèerein also either he or his printer hath used a pretty cunning, by prefixing there unto a Latin beginning, and using for five or six lines an Italian letter, differing from the other Roman, bèelike to the intent that some simple credulous creature might belèeve this to be an allegation out of some law, which are usually printed in this his book in the same letter. The other reason which he bringeth for further proof of this incompatible distinction, of that part of the deacons office, which is in reading of homilies, from the ministers office, as I conceive it, is to this effect. All things about the ordering of the minister, tend to admonish him of his duty in teaching and instructing the people, and in preaching: But the whole action of ordering deacons, tendeth to admonish him of his office in reading: Ergo, a minister may not be forced to read homilies in the church. First neither part of his antecedent is true. For the first part is proved false The Abstractor contrary to himself. both by the book itself, not naming at any time in the ministers office Preaching, but with this limitation Where he shall be so appointed: and by the author himself, Pag. 33, 34. 35, labouring in one whole section to prove that the minister hath also the execution of discipline committed unto him. And shall we forget (as he doth) that he is authorised also to minister the sacraments? The second part is even as true as the former, both as is showed out of the book afore, and by the author's confession within six lines after, where the saith, The provision for the poor is appointed also unto deacons. Besides all this, the argument followeth not, as is evident; because the book itself attributeth two or three several duties or functions to two or three several offices. As to baptise, to deacon, minister and bishop. To preach, to them all three, so the two first be licensed, to minister the sacrament of the ●upper, to the minister and Bishop: and if we may belèeve our author, the execution of discipline to them both. And why therefore may not a minister read homilies, as well as read scripture in the church, though both they be in some sort required of a deacon, if he be by the like authority of law commanded thereunto, as hath bèene proved afore that he is? And where our author hèere further saith, that The parliament house had a singular care to have these offices of minister and deacon, eune as they are distinguished by the law of Christ himself, it is a testimony, that in those two great offices, the external policy of our church is according to the commandment of Christ, in this man's opinion. 21. Section. Pag. 43, 44. OUr author having laid down before, that the book of ordering priests and deacons, requires of every minister to be a preacher, and foresèeing a storm towards him, chooseth rather to be convicted of falsifi●ng than of this falsehood. For where the book prescribeth, that it shall be said to every minister to be ordered, Take thou authority to preach the word of Manifest falsification by the author. God, &c: in the congregation, when thou shalt be so appointed; he leaveth out the most material word, so, of limitation, and falleth to descanting upon the signification of When and where, to divert our eyes from espying of the other fowl corruption. Although if he were so great a clerk in law as he would sèeme, he could not be ignorant that Vbi sometime importeth time as well as place, and also implieth a condition with it: as if a man give a legacy to his daughter by these words; Vbi ea nupsisset, Where she shall be married: it is to be understood saith the * Gl. in l. 45. s● ita sit scriptum §. finali de legatis 2. & Bartolus ibid. gloss there, That is, after, or when, or if she shall marry. And therevupon Add Bartol. in l. 1. ff. de conduit. & demonstr. mi. 19 &. Bald. in l. 3. C. de probat. ver. sequitur de & Oldrad. cons. 47. consuevit tari. Bartolus noteth, that the adverb Vbi, where, doth imply a condition. But if it had not bèene the mind of the lawmakers by these words So appointed, to restrain them from preaching, without further approbation upon trial of their ability thereto: then both in vain had the word So bèene used, and with better sense might have bèene lest out, which in so short and so principal a sentence of this action is not to be imagined to be superstitious: and also the word Appointed without a further word, as To serve or such like, would have made no perfect sentence: and therefore must nèeds be understood, like as the general usage since, Quae est optimus legum interpres, doth interpret, that they have authority given them To preach where they shall be so appointed. Neither in vain is preaching spoken of at their first ordering, both to put them in mind what ought to be their principal endeavour, and to give us to know, that as mèere lay men be not enabled to this office, so it is not convenient that a licence to preach be given unto any, but to such as being in some function ecclesiastical, have addicted themselves to serve the church according to their abilities, in all the functions incident to that calling. And whereas he doth allege, that if this sense, which he enforceth, Were not the natural meaning of the statute, then to administer the sacraments might as well be forbidden without special licence in writing. I answer that though at the ordering, authority to preach and to minister the sacraments be given, according to the limitations there set down, yet hereby they are not hand over head, where it pleaseth them to rush into other men's charges, but are to expect a licence in writing to bond them, where they may lawfully administer the sacraments, which is done by letters of collation, institution, or donative temporary or perpetual. And thus he sèeth, there is so much to help our turns, besides the canon law, that he thought it best to leave some of it out for his more advantage. 22. Section. Pag. 44, 45. 46, 47. YEt, because he seethe the coast is not clear, by reason as well the * c. excommunicamus vlt. §. quia verò Ext de haereticis. canon as her Maiesries injunctions before alleged by me, do require a special licence to authorize a minister to preach, yea even in his own cure; he felleth us a tale (not of a roasted horse) but of his own grey ambling gelding, which he could give unto me if he would, only by giving me the key of his pasture, and bidding me to take him unto mine own use of his gift. But what if he should ●dde also & say; Soft sirrah, are you gone so soon? my meaning is not that you shall take him away, or have any use of him, except upon your desert I shall think good to ratify this my figt unto you under my hand and seal hereafter: may I (think you) hereupon be so bold, as of mine own head before I have his hand & seal, to break open a gap in the hedge, and ride away with him? Truly how he would take it I know not, but I fear me my mistress his wife would think me very hasty, upon so slender a warrant to ride away with his grey ambling gelding, and peradventure I should far the worse at his hand also for my snatching. Whereby he may sèe, that this is but a Wrist of a goose's quill, indeed not fit to set these jars and odds in tune according to his purpose, which differeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the true meaning of the canon and injunction. The reason he bringeth, if only By the licence to preach, authority thereunto were given, that then the making of a minister without a congregation, should hereby be committed unto the Bishop, doth no way follow: sèeing that preaching is neither the only office of a minister, neither doth the book of ordering, authorize simply every minister as afore hath been showed, but such as shall be So appointed, whereof the * Art. 8. iniunct. R●g. injunction declareth the particularities: for how can it appear to others that he is licensed, but by writing? And in like sort is that reason out of the Eight injunction. Because ministers are enjoined to suffer no man to preach within their cures, but such as shall appear to them to be sufficiently licensed thereunto; Ergo, special licences to preach, are only for men to be admitted to preach in other men's cures. The reason of which consecution must needs be this: A man may not without licence preach in another man's cure; Ergo, he may without licence preach in his own: which is apparently grounded of no reason, A negatione unius disparatorum ad positionem alterius non valet argumentatio. As if he should reason thus; None but a freeman of York may use any trade in that city, therefore without any freedom a man may do it in the city of London. Or thus; Whosoever denieth our author to be a puritan, saith true: but whosoever saith he is a foolitane, denieth him to be a puritan (because that he himself hath made an antithesis betwixt them) Pag. 91 Ergo, whosoever saith he is a foolitane, saith true. His other reason out of the injunction, which saith, No other shall be suffered to preach out of his own cure, than such as shall be licensed, Ergo, every one in his own cure may preach vnlicenced, doth no way follow by the rules of Logic. For, licensed and vnlicenced, in his own cure, and not in his own cure, are no contraries, but contradictories; which beginning with the universal negative, admitteth no consecution, but his own contradictory with a negation: as thus, None vnlicenced may preach out of his own cure; Ergo, some not vnlicenced (that is licensed) may preach out of his own cure. Yet I grant the law admitteth diverse times such reasonings, and they are called A contrario sensu, and grounded upon this rule, Quod * 32. q. 1. c. dominus. exceptio firmat regulam in casibus non exceptis, an exception doth give strength to a rule in cases being without the compass of the exception; whereof there be diverse examples in the civil law: insomuch that it is called by Papinian, a 〈◊〉 1. § huius rei Fortissimum argumentum, in one place. Yet notwithstanding it hath divers ff. de officio eius cui manned. est. iurisd. l 20. § mulier ff. de testam. l. 8. § si ignorantes ff. mandati. L. 3. §. prima verba. ff. de sepulchro vio. l. 26. §. cum inter ff. de pactis dotalibus. limitations, wherein it doth not hold; and namely, b l. 2. §. fin. ff. de donationibus. L 6. ff. de condicti. causa dati. L. 1. §. quod vulgo ff. de vi & vi arm. l. vlt. §. fin. ff. de juris & facti igno. where the mind of the lawmaker is otherwise, as where it is put only by way of exposition, and not condition: or c Instit. de haeredita. qu● ab intestato §. 1. where the law doth otherwise specially dispose, as in this case it both hath been afore showed sufficiently, and appeareth also by the fourth injunction; where it is said they shall preach in their cures, Once at the least in every quarter of the year, in their own persons being licensed especially thereunto, as is specified hereafter, that is to say, (as is in the eight injunction) either by her Majesty, one of the Archbishops for their provinces, the Bishop for his diocese, or by the Queen's majesties visitors, to which we may add, or by one of the universities of Oxford or Cambridge, their privileges since that time being by act of parliament confirmed, whereof this is not one of the least. And lastly it holdeth when the like reason is in d l. 14. §. 1. ff. de servo corrupto. both the contraries: as it is in this point. For there is as good reason that a minister should be forbidden to preach in his own cure, as in another man's, if he be not able to deliver sound doctrine in that form, as such high mysteries ought always and in all places to be handled. The other argument brought in the last place, Whereas (in king Henry the fourth's time) restraints were made for preaching, and yet none were forbidden to preach in their own parishes; that therefore in their own cures none now are or aught to be forbidden: is a very feeble reason. First, there is a great difference betwixt Not licensed and forbidden. Again, Viveudum est, we must live according to our own laws now, and not by examples forepast. Further it cometh nearest to a reason A simili, but than it should conclude, that as they ought not, so neither ought we. And not thus, They did not forbid it, therefore we may not forbid it. And here also he driveth us like water spaniels to seek out once again, where we may find that, which perhaps he was not willing we should hit of. But first I would observe, if it were not usual with him Theonino dente rodere, his disloyal and undutiful carping at her Majesty and her laws, where he saith: The very same laws were established Distoiall speech against her Majesty. against Wickliff and his brethren to stay the course of the gospel: having spoken afore immediately of her highness injunctions. secondarily I find by the perusal of the * Const. prou. 1. de haereticis verb. si tamen. constitution itself, that he hath cut it off by the waste, in that which most directly maketh against him. For in the next words following his first allegation, is adjoined an exception, whereby (upon occasion) beneficed persons may by the Bishop be inhibited or suspended from preaching or expounding even in their own cures. And if it were not so, than this being but a provincial constitution, which cannot derogate from the canon law, afore in this section alleged by our author, should be merely void. Yet to make it more plain, what great doughty sermons these were, which beneficed persons in their own cures were (in this great restraint pretended) suffered to utter: Forsooth they were nothing but that shallow paraphrase * Const. prou. ignorantia sacerdotum de off. Archipresbyteri. afore spoken of, which they might simply con without book, and preach to their people, but they might wade no further as appeareth in this * ibid. §. sacerdotes. selfsame constitution. And therefore this is far enough from giving any authority to all ministers to intermeddle with preaching, without further licence than their ordination to the ministery. The objection, which to this purpose against the author might be brought out of the advertisements, he handleth as Alexander did Gordius knot, which because he could not handsomely untie, he hewed it in sunder with his sword. And so doth he, by denying the authority of them, because they are not with privilege, nor printed by the queens printer, although they were commanded by her majesties express letters. And is any man to surmise, that those reverend and wise Fathers, who subscribed unto the said book of advertisements, would or durst publish them in her majesties name, and as by her highness authority and letters, dafed such a certain day, if it were not so: or that they would enterprise to forbid or restrain that which the law had so exactly charged and commanded, as this man dreameth? But it is the guise of little children, where they cannot read, there to skip over. But this matter is clearly determined by a later * 13. Elizab. cap. 12. statute than all these, which yieldeth a pre-eminence (excluding all others) unto a preacher lawfully allowed by some Bishop within this realm, or by one of the universities of Cambridge or Oxenford, to have a benefice of thirty pounds a year in the queens books, in like sort as a bacchelor of divinity by the said statute may have. Now if every one ordained a minister by a Bishop, were thereby by the secret operation of law, admitted withal a preacher by the said Bishop, than were this no prerogative to a bacchelor of divinity or to a preacher, when as every minister should be as capable of a benefice of that value as they, and so the statute should be absurd and elusorie. 23. Section. Pag. 47, 48, 49, 50, 51, 52, 53 Having had so hard hap with particular proofs, he here cometh to a general reason or presumption. Because Statutes in doubtful points are to be interpreted by the common law, and so that they may as little prejudice the same as may be, and for that the calling, trial, examination, and qualities required, are spoken of about making deacons and ministers without particular mention of what sort of calling, trial, examination, or qualities, and for that the makers of the Act were men desirous to promote the glory of God, therefore such calling, trial, examination and qualities are meant, as are requisite to be in those two callings by the law of God: which he proveth also to be likely By the prayers and places of scripture used in that action. Touching his conclusion, I can easily assent unto it. If this withal be understood, that if either in this form of ordering, or in any other form in any reformed church, every special circumstance used, be not Modo & forma found in the word of God, as indeed it is not possible, yet notwithstanding if nothing therein be repugnant Articles of religion. art. 34. to the word of God, that it may and aught to be accounted in this action, and all other of external policy, to be agrèeable and according unto it, and to be that which is required by the law of God: yet the conclusion followeth not of those premises, for he should have inferred, that such calling, trial, &c: is understood as the common law doth set down. Now as touching the qualities required in a priest or minister by the canon law, which is the common law ecclesiastical, no such matter of preaching is required of him, nor no necessary tying up of the deacon only to reading of homilies. Ad * c perlectis §. ad presbyterum dist. 25. presbyterum, To a priest (saith the canon) it belongeth to perform the sacrifice of the body and blood of the Lord on the altar of God, to pray, and to bless the gifts of God. As concerning his allegation out of Panormitane, there is no such chapter in that title, whereupon he might write: yet I find in him upon the said title this conclusion, that The * Abb. in c. cum dilectus Ext. de consuetudine. words of a statute ought to be construed either most largely or most strictly, to the intent that the correction of the common law may be avoided by such interpretation. Yet this moderation, as the law elsewhere teacheth us, that * Ibid. §. in gl. ver. nec iuri. per l. 2. c. de noxal. & per Bart. in l. omnes populiff. de justitia & iure. Where the words are evident, there we ought not to take an unproper sense of them, to the intent to reduce them to the common law, but where they are doubtful or have a double understanding, whereof the one is proper, and the other unproper, than we ought to take in interpreting even the unproper sense, that by it we may serve so little as may be from the common law. But in such manner also, As * Abb. in c. cum dilectus Ext. de consuetud. that we serve not from that sense which custom yieldeth, although by something happening afterward, it should appear that such sense were not good: because custom hath a power of interpreting, of derogating and of imitating, whereby it supplieth where law faileth. So that I would gladly learn what words are so doubtful, or of so divers significations in any of our statutes or injunctions, touching the authorising of every minister without further licence to preach, and barring him from reading homilies, as that for avoiding of a contrariety betwixt them and the canon law, and for the retaining of the usual meaning of them, which the custom of this church hath yèelded, we should be forced to follow our author's fancies herein: nay the custom of this church (I am sure) he will not deny, but that it is against him. Moreover one of his chèefest assumpts, to wit, That no kind of particular calling, trial or examination is set down by the said book so by act of parliament confirmed, is utterly untrue. For the preface of the book saith An b●truth. thus: It is requisite that no man shall execute any of the said offices (not being at that present time, Bishop, priest, nor deacon) except he be called, tried, examined, and admitted according to the form hereafter following. And if so be that none of these be specified or declared in particular Pag. 7 6. & sic deincep● (as he here affirmeth) why doth he kèepe such hot schools a little after, sèeking to prove that they are no ministers nor deacons indèed by law, which have not bèene made according to this exact form of calling, trial, examination, & c.? But to what purpose doth he bring this reason, except he would have showed us withal, what that Calling, trial, examination and qualities be, which he supposeth to be required by the law of God, and which They the Bishops, (whom as I take it he meaneth) by way of supposal are by him indirectly charged to have broken? Nay, he supposeth In them unfaithfulness to the Lord, accounting his ways not the best ways, nor his counsels not the wisest counsels, that they have set the consultations of the gravest senators, and wisest counsellors, and chiefest rulers of the land behind their backs, that they make their will a law, and that they are not ruled by reason. Truly if these his crooked, virulent, and contemptuous accusations of such men, reaching so high as to charge them with apostasy, and these mutinous sèeds of dissension sown betwixt them and other great men of the land, be to be tolerated in a published and printed libel, though they were true and justifiable; then I do not sèe, but that every other lewd disposed person will take the like boldness upon any discontentment, to whet his dog eloquence upon any the best and best deserving within this commonwealth. For Psal. 64, 3. they have whet their tongue like a sword, and shot forth their arrowee bitter words. Therefore we will pray with the prophet, Let the lying lips be made dumb, which cruelly, Psal. 31, 18. proudly, and spightefullie speak against the righteous: and deliver our souls (D Lord) from lying lips, and from Psal. 120. a deceitful tongue, which is as the coals of juniper. 24. Section. Pag. 53, 54. OUr author omitting to declare unto us the Manner of calling, &c: of ministers and deacons, which is required by the law of God, and required also by the law of this land (as he telleth us) and leaving it to the dèepe considerations of such as know his meaning, if he do but gape upon them, doth in this section entreat of Another manner of calling and trial by other positive laws required, charging the Bishops, even by their own records, to have never or very seldom used any of them. So that sèeing he exacteth of them in this action, first ●bs●●●ditie in the author's platform. the observation of the book for the form and manner of procèeding therein, next the calling, trial and examination required by the law of God, and lastly now another manner of calling required by other positive laws: it had been mèet that either he would have set down all these threè forms to be one, and to agrèe in every circumstance, or else to have prescribed unto them, which of the thrèe they should use, that so they might avoid his high displeasure and indignation against them. And I would he had vouchsafed to let himself so much down, as to have told us where these positive laws which he allegeth are written, * Dist. 24. c. quando Ep●●s. being indèed the canon law contained in the decrees. Wherein I find a difference from the form by act established, which appointed the Archdeacon to examine and present those which are to be ordered: Whereas here The elders Vide sect. 26. & sect. 40. indeed priests are to present, and certain ministers and others skilful are to try and examine them. The form of calling, which these positive laws that he speaketh of, do mean, is nothing (as he saith) But a process to be fixed upon the cathedral church doors, or a proclamation by an apparitor the fourth day before the ordination, signifying that such a day the Bishop will make deacons or ministers, warning such to be present as will offer themselves meet men for that service. If this be true, and also, that Three days together they are to be examined before the day of ordination, truly they have but Skarborough warning so suddenly to be called even the first day whereon they are to be examined. But he saith this Manner of calling is also commanded by the book though briefly, in these words; When the day appointed by the Bishop is come: certainly he had nèed to have a head full of proclamations, that can pick out of these words such a solemn calling or proclamation. But why doth he not also tell us whether of the two, or whether both of them be meant by this law, that is to say, the intimation upon the church door, or the apparitors proclamation? And where the articles of religion do determine, That none may 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: understanding hereby the whole action Dotable wresting and falsification. of external vocation, which he restraineth to the letters of intimation, or to the apparitors proclamation, whereby signification is given of the day of solemn giving of orders: he doth herein notably abuse the patience of his readers, whom he thinketh very sottish, if they can make no difference betwixt these two kinds of callings. But as no man denieth, but that it is requisite some public notice should be given a convenient time before any solemn day of general ordination prefixed do come, to the intent (as he saith) men meet for that service may then and there offer themselves: so if hereby he will suck any matter to object against such Bishops, who upon especial occasions, and with more due trial and examination than can be had, where such a confused multitude at once must be run over, do lay their hands upon one or two well known unto them, without any such solemn notifieng thereof, he shall rather hereby argue his spiteful stomach against them, than any care he hath of reformation or observation of law, which he doth pretend sometimes, when it seemeth to accord with his humour. For it is notorious, that such of the Bishops as have kept that course, have sent abroad more sufficient preachers, and fewer of mean gifts have escaped their hands, than possibly can be performed at those general ordinations. And doth not our author himself dissallow in a whole treatise, as Unlawful, Contrariety. to ordain a minister without a title? which platform can no way stand with this general publication of orders, for all comers found meet thereunto, without respect of having or not having any place void in the diocese allotted forth unto them? Conueniet nulli, qui secum dissidet ipsi. 25. Section. Pag. 54, 55, 56, 57 IN this section, containing the manner of trial and examination of such as are to be ordered, I do observe (though not so favourably dealt with as to know by him) what warrant his first allegation * c. quando Epuns does. 24 hath, and whence he borrowed it; that this exact trial which the canon setteth down, doth not require in specialty such perfection of learning, whereby the party to be ordered must of necessity be thought worthy to preach, which is the principal issue by the author to be proved, and that it prescribeth saturday for ordinations. Also upon the words of the constitution of Otho. requiring a search & inquisition to be made by the Bishop, our author hath gathered Wresting of law. a scrutiny to be required, that by taking of voices in allowance or dissallowance of the parties to be elected, which is the nature of a scrutiny, he might belike transubstantiate the Bishop's inquiry into some popular election of their ministers. And it seemeth for that end also he did bring the comparison of proceedings in the Universities, whereby he might insinuate, that as the Uicechancelor there doth but in the name & behalf of the greater part of the regents of that faculty which have yielded their suffrages, admit the graduate presented; so the Bishop should be thought to have no further authority, but to admit such as the electors and examinors have allowed as fit men for that calling. For although it was easy for him to espy many other differences, yet he observeth but this variance only betwixt the trials used in conferring degrees in the Universities, and in conferring of orders, that the trial and Examination at giving orders consisteth in the interrogatories, between the Bishop demanding and the party answering. But no such matter is meant, as to prescribe an elective scrutiny, which he would insinuate, but only a scrutiny or inquisition, which the * Gl●bidem in verb. ante. gloss therefore calleth Scrutinium examinatorium, and the text Indagatio diligens, that is, a diligent inquiry. Which examination both in this constitution, and in the gloss upon the decretal by him alleged, mentioned: is not so necessary and substantial a solemnity, but that it may be omitted upon occasion, even as well as it may be committed unto others besides the Archdeacon as we see here. Although our author forgetting what here he had said, doth afterwards urge such a necessity in the archdeacon's presentation of ministers unto the Bishop, which is grounded upon, and is but the effect of examination: as though he could be no minister which were not so presented. For the gloss by warrant of law here teacheth (as is by other places also elsewhere showed upon the like occasion) that * Gl. ibidem in verbo indagatio. per c. constitutus, Ext. de appellationibus. This examination is not required to be done, but towards them that are unknown to the examiners. And for his capableness in respect of his birth, good fame, and such like, the same gloss saith, the letters testimonial do suffice. And upon this consideration the preface of the book of ordering, doth speak disiunctivelie, and not simply as our author untruely here allegeth, that The Bishop knowing either by himself, or by sufficient testimony, any person to be of virtuous conversation, and without crime, may admit him, etc. And therefore, whereas thereupon he néedleslie speaketh to prove by a similitude, that this must be a further notice than of the outward feature and lineaments of his body; he doth but labour in vain, as the man who share his hog, and had thereby much cry, but small wool. For although the book do mention in the Bishop a knowledge of him that is to be ordered to be of virtuous conversation, and without crime, and that either by himself or sufficient testimony, which cannot be stretched unto his cunning and meetness (as this man doth) to execute his ministery: yet is the knowledge of his ability also required, and is to be known, as in the same place is prescribed by the trial and examination that is to be made of his learning. And therefore his similitude to this end, that a man chooseth not a schoolmaster for his honesty only, but for his learning also, as it dependeth not of his former speeches, so it serveth to no purpose, but to leave an impression of conceit, that the contrary to this is practised by the Bishops. 26. Section. Pag. 57, 58. THe other circumstance of admitting into orders, In the face of the church, mentioned in the preface, is sufficiently expounded in other passages within the body of the said book, by the phrases of the clerk and people present: in the presence of the people, and by the word of Congregation. So that our author shall hardly be able to Instruct us, as in this section and three other following he laboureth to do, that under the generality Pag. 62. of this word he may establish An interest to be due to all the faithful people in the land, for the choice and allowance of their pastors: when as every novice can tell him, that though by the law of this land, marriages also are to be solemnised In the face of the church: yet hereby cannot be inferred that all the people present have an interest of assent or dissent in every man's marriage. And as there the presence of the congregation is not material, otherwise than for the fuller testification of the marriage, for their joint prayers to God for them, and for to object impediment if they know any: even so, and for no other end, it will appear to be required, that ordinations of ministers be made in the face of the church. And although in some but not in all reformed churches (the precedents whereof he objecteth unto us elsewhere) some slender shadow of popular approbation be retained in the ordering of the ministers; yet I do think verily, that in no church the whole number of the people are permitted to have a free election of their pastor, as this man would feign establish here amongst us. The reasons, whereupon in this section he groundeth his assertion, are all (saving one out of the civil law in the Authentikes) taken out of Gratian'S rhapsodies. The two first whereof do speak not of Any election or approbation of the people, but that which the Council of the clergy, and the testimony of the people, or in the presence of many bystanders, ministers were then to be ordained. Neither yet doth the first of them speak simply of Counsel of the clergy or testimony of the people to be had in ordinations; but only then, when as the examination required in the said place is omitted. And therefore this abvise of his clerk, and the good testimony of the people, the Bishop is but to use in steed of examination, as appeareth by that Particula adversativa, Otherwise let not a Bishop ordain any, etc. And by the gloss upon the same place, which saith, Otherwise, that is to say, If they be not examined by the clerk attendant about the Bishop, or else tried by the good testimony of the people. And another * Glain conullus dost. 24. gloss gathereth thus; Hear you have a proof that the testimony of the people is equivalent unto examination, whereupon we may note, that it is sometimes sufficient for a clerk that is to be ordered, if he be of good fame. Which may also appear * c. de Petro dist. 47. pag. 70. dist. 75. c. 2. ordinati●nes. hereby, that such as be known, are not to be examined, but those that are unknown. The second allegation, which only speaketh of the presence of many bystanders, is not aright quoted, for the number of the page (as it is in some prints) is taken by him for the number of the distinction. The fift allegation also left by him without quotation, but taken indeed out of the chapter Vota 63. dist. speaketh no further than of requests and testimony of the people to be had in this action, and leaveth the election only to the clergy. To which also agreeth that * c. non louse: dist. 63. canon which saith, It is not lawful for the people to make election of such as are to be promoted to priesthood, but let it be referred to the judgement of the Bishops that they may try, whether such is taught in word, in faith and spiritual conversation. And here upon is inferred this; By all these authorities lay men are excluded from choosing of priests, and a necessity of obeying, and not a liberty of commanding is enjoined. And the * Gl. ibidem ver. contra c. nosse etc. ●●m nossed. gloss reconciling other places, which in show seem repugnant to this, saith, It is to be holden that lay men ought to be present, not to elect, but to yield consent. His third and fourth allegation go something further, and do require the assent and allowance of the citizens. The former of them is left without quotation; the second our author hath a little helped (as crafty companions do true dice) by translating Conniventiam & testimonium civium, The allowance and good liking of the citizens. Whereas in truth Conniventia is when a man seeth well enough what is done, and is content not to oppose himself, but to wink at it: and by Testimony, as was afore showed forth of the gloss, is nothing else understood, but a good name and report amongst men. And where he upon these doth straightways leap for a conclusion, That these texts and many other more, do all affirm that elections and ordinations must be made by citizens in the first place, And priests or clerks in the plural number, and willeth us to Note it: we must tell him that he leapeth short, and that we note Quò haec not a non valet. For he manifestly herein falsifieth his own allegations, which all do refer the ordaining to the Bishop but with assent, or this or that allowance of some others. And I think in the proper and most usual signification of ordination and imposition of hands, it is not to be showed, that any lay man had ever any intermeddling therewith, which some of their chiefest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do also grant. And where in the sixth place by way of preoccupation, he goeth about to prove that These are not spoken of the chief priest of every diocese which is the Bishop, though it be not denied by any: yet assuredly, the place whereby he would prove it is only to be understood of the Bishop and the canon, is thus: He shall be no priest henceforth, whom neither clergy nor the people of his own city doth choose. But he thought to provide saselie for himself herein not to be espied, and therefore quoteth the 64. distinction c. qui in aliquo §. sed nec ille dist. 51. in steed of 51. and the Chapter Si fortè, which is not there to be found. The summary gathered upon the said chapter, Qui in aliquo, the gloss throughout: yea, and the whole chapter requiring the age and other qualities, peculiarly by the canons looked for in Bishops, and the word Episcopus there used, do all prove a Bishop indeed, and not any inferior minister there to be understood. And so did the whole parliament of Paris take it in the 31. article of their defence for the liberty of the church of France. And he himself affirmesh that there were congregations in the country, where there was by likelihood none of the clergy, but one minister, and it must needs be, that there were ministers to be placed in other places believes cities. And it is yet made more manifest by another disjunctive following, Or else the authority of the metropolitan, or the assent of the comprovincial priests have not tried; both which doth make it plain to be understood only of Bishops. Where it is not also to be omitted, that the election there spoken of in the disiunctive (wherein if either part be true, the whole proposition is true) doth overthrow the election he speaketh of by citizens. For thereby it seemeth sufficient as to that point, if either the clergy, or the people of the city do make that choice. Pag. 16 That which he bringeth last out of the Autentikes, I have answered afore, that it is not to be found either in the edition of Haloander, or the Greek or Latin set forth up Contius, yet it maketh directly against him: for if he do think this constitution to be law with us, and convenient to be used, that Where an unworthy minister is chosen by other, there the most holy Bishop may ordain whom he shall think best: then in some case one man alone may ordain and choose a minister without approbation of the people, and the Bishop shall hereby have as absolute a stroke to reject or reprove a minister, as he hath already. But I would of all these varieties of judgements in diverse canons, our author would have signified which of them we must hold for law, for all, being so discrepant, cannot be. Whether it must be only In the presence of many bystanders, or at the request of the people, or with the testimony of them, or with their advise or assent, or else by their election and vaices. But if by way of admittance it should be said, that these old canons were as direct as he would have them, yet they cannot any way serve his turn. For he must first prove that they are not repugnant unto the customs of this realm, and show us how they have been used and executed here before the making of the statute 25. H. 8. yet he can say they are by law established amongst us. Nay, if even then they had been in use, yet are they countermanded and reversed now, by another course of ordering of ministers set down in the book for that purpose, wherein no such form is prescribed. And he himself affirmeth often in this treatise, that they are no lawful ministers, yea no ministers at all in this church of England, that are not ordered according to the exact form of that book. But if he will say that this popular approbation and election, (as he plainly afterwards enforceth) is the form by law Pag. 62. factious doctrine delivered by the Abstractor. required, then have we (by his own do●rine) no ministers at all in this church, for we have none that have been so chosen. Yea than his o●vne clients, who to enable themselves to take livings ecclesiastical according to law, will be contented to be ordered by a Bishop according to the book, which they nevertheless hold to be a calling against the word of God, shall thus be left wholly without calling and ministery, and by his and their own judgements are to be taken for intrudors. And if this plat of popularity, be not the form of ordering ministers, which the law and the book doth establish, then with what conscience doth he so urge it in this place, who doth so rigorously in other places exact the observation of every tittle in the book? But I will not run into this common place to show all the absurdities, inconveniences, and impo●●bilities of it, or the judgement of elder and later Divines, being without my reach, or the practice of other churches, which all are learnedly handled Pro & contra by others purposely entreating hereof, to which I remit the reader for further resolution. I will only put this great canonist in mind of the 13. chapter of the council of * c. non. est. 63. dist. Laodicaea, which doth forbid these elections by the multitude or people, which as c. siergo. 8. q. 1. Origen saith oftentimes is pricked forward or carried away with clamours, favour, or reward. And here I would be resolved: these canons being (as he saith) in force of law with us, and To be understood not alone of the chief priest of every diocese, which argueth Dangerous innovation urged. they are to be understood of him: whether this be not wholly to take away from her Highness the nomination and recommending of Bishops & Deans to their places, or else to leave her Haiesties' choice to be countermanded by a beast of many heads? Scinditur incertum studia in contraria vulgus. Also her Daiesties' being the head member of this church, whether the shall be allowed a voice by her highness proctor amongst the people of one parish alone, or in all the parishes in the realm, in choosing their ministers, and what voice, whether a negative countermanding all others or luxta c. breviter dist. 62. no? Or else whether her Highness shall have no suffrage therein at all? both which, if they be not to the great derogation of her highness prcrogative royal, let indifferent and wise men indge, who may also see a further matter and a greater debasing shot at by this popularity, than outwardly is pretended. 27. Section. Pag. 59, 60. That the statute 25. Henry 8. for establishing of such canons and decrees, as be of nature and quality there specified, doth not give life to these canons and decrees last alleged, because both they are repugnant to the general and inviolable customs of this realm, and to her Daiesties' prerogative royal also, hath been afore showed: yea, they are not alone contrary to ours, but to the general customs of all christian doom by many hundred years continued, as may appear by that so often repeated distinction of benefices collative and clective, mentioned and allowed of, not only by canons and decrees, but by the municipal ordinances almost of everic several realm. His second reason for proof (out of the 21. Hen. 8. Cap. 13.) of an interest of An absurd reason. All the people in the approbation and election of their minister, bicausé a Bishop is allowed six chaplains, a number then required to be present at giving of orders, is not to be counted a Fallax, being too simple to make any show of deceit, but as a syllogism framed in mood and figure of Quem terra pontus, without head or tade. His third reason for proof here of is, because the book in sundry places of it speaketh of clarks and people present, and of An exhortation declaring (for thus be the words of the book, and not as our author hath pared them) the duty and office of such as come to be admitted ministers, how necessary such orders are in the church of Christ, and also how the people ought to esteem them in their vocation: which is so strong a reason, that it cannot be gathered or drawn together into a syllogism with a cart rope, except we would imagine that wheresoever the law permitteth men to be present at any action, that there they are interessed to have a voice to allow or dissallow that which is to be done. And if the exhortation spoken of, could give any colour that way, it should have been to set out what heed and vigilant care the people should have, and what especially they should respect in the choice of their minister, rather than to tell them how they ought te stéeme him when he is once admitted; for if they themselves make choice of them, there is no cause why of all other they should mislike, or make any light reckoning of them, otherwise than men commonly do, who think they may make bold with such as they themselves have advanced. And whereas he would thereof gather the presence of the people of that parish, where the minister is to be placed, to be required, for that no profit else for the better estimation of their minister, can by them be reaped of that exhortation: if it should be granted unto him, can he ground upon their presence an interest also in them of approbation and election of their minister? But there is profit to be reaped by such an exhortation for any people whosoever that shall be present. For every man is or aught to be of some parish, and hath a minister whom he ought to esteem and reverence for his calling sake: and therefore such exhortation can not be said to be in vain, though the people of the parish where he is to serve, be not then present. And for that these canons by him before alleged do mention Citizens presence at the ordination of clerks, our author taketh occasion to tell us, that The choristers, singers, organ-plaiers, and other officers and ministers of cathedral churches, are not comprehended under the name of Citizens, for that the canons do attribute to these a several name from citizens, A reason retorted. Pag. 16. by calling them Clerks, which as he tru●●e affirmeth, so this doth argue that the place by him afore brought out of the Autentikes, that Clerks unless they were learned should not be ordained, that thereby he might prove an ability of preaching to be required in every clerk, did not correspond to his purpose, seeing that no man will say that any such exquisite learning is looked for in such inferior clerks and officers of churches as these be. But where he would conclude a necessary presence of more people than the Bishops own servants at ordinations of ministers, because by law domestical folk are no fit witnesses in a matter not domestical: he showeth as often afore he hath done, rather a desire to seem to have read some law, than a care truclie to understand, or aright to apply it. For it is notorious that men are not so fully to be credited, deposing any thing to the benefit of their master or fellows in household to the prejudice of a third man's interest. And yet this notwithstanding, where no benefit is to redound to their master hereby, nor any third man particularly interessed, I do not see why in this matter they may not be as well credited to testify afterwards, if need were, what they did see to have been done, as any other whosoever. Or must we believe that a Bishop at Lincoln, being to ordain a minister for the furthest part of his diocese about Eton, must suffer the church to lie void, till the Absurdity in the platform. husbandman and other of the parish leaving their necessary trades unfollowed, will come on their own costs so far, to be Eie-witnesses and eare-witnesses of the Bishop's dealing, and to see whether he observe the mane● and form prescribed unto him? 28. Section. Pag. 60, 61. Our author having brought such stuff out of the canon and statue law, as he could hit upon, and you have heard, leapeth here back again to take another snatch out of the canon law for proof of the people's interest in the approbation and election of their ministers. First, because the gloss defineth Consent to be the will of many, unto whom the matter appertaineth, joined in one together. But this is a fallacy, A petitione principis, to assume as granted, that any consent (otherwise than afore is proved) doth or did belong unto the people, in choice of their minister. And if he will have that rule of the canon law to help the matter; That which toucheth all, must be allowed of all: surely he will hereby overthrow all the ministery, if they must tarry without rooms to minister in, till every one even the least and worst in every parish do agree unto the election of some one. For that rule (as Dynus and other doctors upon Dynus & al● in reg. quod omnes. it do note) cannot be understood of Omnes ut universi, as it is in corporations, where the greater part of voices are respected, but must be taken, Omnes vs singuli, all and every one in several, that is any way interessed, and so one lewd disposed person might frustrate the good endeavours of many thousands. And doth the author think indeed that this course is either expedient to be used, or agreeable to the laws and customs of this land? Is it meet because it concerneth us Seditious doctrine of the author. all to have good Princes councillors, officers of the kingdom, judges and Bishops, that all the people in the land or of one diocese should have a free election and approbation of them? But this kind of election he saith the Bishops themselves in certain canons, which were set down and published, but never by her Haiestie ratified, have aimed at, when they say, the Bishop shall lay his hands on none, nor at any other time, but when it shall chance that some place of ministration be void in his diocese. This indeed might make some show against absolute ordinations, but how it can open the people's mouth to give voice in election of their ministers, I for my part cannot yet perceive. And therefore call back again your hasty conclusion, whereby you are not content only together An interest in the choice and appointment of their minister, to rest in the people, but also a special interest, yea and a prerogative also therein belike above Prince, Bishop, Patron and all. 29. Section. Pag. 61, 62. Our author having alleged before, some canons, seeming to make show of a kind of consent of the people, which he would have to be an election of their minister: and knowing that Gratian, taking upon him to write Concordiam discordantium canonum, did bring other canons also more direct on the contrary part, which yet he afterward reconcileth: thought it best for his purpose to take exceptions against such as were not for his tooth, under the person of pope Adrian, whom he calleth Proud, foolish, & his canons, excluding lay men from election of Bishops ridiculous. And yet * Adrianus. 63. distin. §. consecrationes. Adrian testifieth that here in he decreed nothing which was not done in former old counsels. And the decretal epistle saith: The whole * c. cum ecclesia Ext. de causa possess. & propriet. election of common right belongeth to the Chapter. And this is also the same Adrian, which together with a general council decreed, notwithstanding the election and consecration of Bishops appertained to the clergy, that * c. 2. Adrianus dist. 63. yet all Archbishops and Bishops in all provinces should take their investiture of Charles the great than emperor. Which is a further authority attributed to princes, than usually in most parts of christendom, they do at these vaies take upon themselves. In like manner Steeven the Bishop of Rome * c. lectis. dist. d, writeth to an earie near unto the emperor: that whereas one was canonically chosen a Bishop, it would please him to procure the emperors royal assent thereunto, according to the old custom, that upon obtaining thereof he might proceed to the consecration of the new elect. According to which, Gratian also reconcileth such of these canons, as in appearance seem different, thus: In that the prince * c. come long §. electiones. dist. d. or people is required to be present at elections of Bishops, they are not therefore to be called thereunto, that they should make the election, but to yield consent thereunto. So that, if he had weighed all things aright, he might have perceived both that his former allegations were not so forcible, as to drive us to run for an answer unto pope adrian's decision, nor yet why he should be so angry with him, who spoke only of elections and consecrations of Bishops by clergy men, without excluding either the investiture or assent of princes, and without any intermeddling with ordination of inferior ministers, & therefore it was not he that spoke in his cast. But there was least cause at all, why he should thus shuffle up the canon before * c. non est. dist. d. alleged out of the old famous council of Laodicaea, either with this of pope adrian's, or to reckon it among such latter canons, as dare not once step forth to seek Any whit to impeach the truth of his assertions: for it is so old, and decreed by so good advise, of so many grave and godly fathers, that it will not be overthrown with such a blast. His first reason, for proof that these canons by him alleged are not to be impeached, either by that of pope adrian's, or any other like being taken out of the sixth of the Acts of the apostles, is utterly besides his own purpose. Which is not to show what is decreed in the word of God in any of these controversed points, but what is by canons, constitutions, and synodals provincial in force amongst us. And therefore if this of pope adrian's, or any other to like effect were not to the hurt of the prerogative rosal, nor repugnant to the laws and customs of this realm, but had been put in ure and practice before the making of that statute: it might according to our author's foundation, stand for law still in this land, though it were 25. H. 8. c. 19 not consonant to the word of God. Which I bring to show the authors wandering from his issue, and not in any such respect, as though this his allegation might otherwise have served his turn. For it is manifest, that it cannot: because that course of election mentioned in the Acts, was not undertaken, for satisfying of any express commandment of Christ; but upon an especial occasion of a mutiny of the Greeks against the hebrews; for that their widows (as seeming to be disinherited or contemned) were in the administration of the common church stock over-passed: whereas the canons brought for proof of excluding the multitude from elections, were not grounded upon any one particular occasion, but of the nature of the people, and exigence of the cause itself. That of the Acts speaketh of deacons only, and is not read elsewhere in all points to have been observed either in a Act. 5. choosing of an apostle of b Act. 2. ministers or of c Titus. 1. Bishops. There also the whole multitude of the disciples made choice without the apostles, who meant thereby to avoid all suspicion of corrupt dealing: which two circumstances no man will (I hope) require in choosing either of a Bishop, or minister, especially that the Bishops and other of the clergy, should be debarred from any stroke in that action; seeing therein, there cannot be the like cause of suspicion. Where by the way it is not amiss to be observed, how hard it is to keep a great multitude in the bounds of moderation, seeing the Holieghost in the great sincerity of that church, in comparison of our times, noteth no less, where it is said: In those days, as the Acts. 6. 1. multitude of the disciples grew, there arose a murmuring, etc. Also that the apostles called them together, and prescribed unto them what they should do in that point of external policy, and that according to the present occasion offered, without any prescript word, but only by the instinct of God's spirit. Further, that the apostles set out the qualities of the men to be chosen, but tied them to no certain form of election to be observed, neither do we read what form of election they then used. Again, that the disciples were to look out and choose such, as they thought fit to be trusted with the church stock; but the apostles reserve to themselves the appointing of them to their offices, if they should be found to be such as were described. moreover, that the deacons were appointed for the further case of the apostles, in some part of their function. lastly, that the disciples presented them to the apostles censures, who by imposition of hands did (as it were) consecrate and authorize them to the function of deaconship. Now, if by this act, our author mind so hard to curb up all churches, as that he will accuse them to give A counterbuff to the Holieghost, which in their ordinations do not agree herewith in all circumstances; or if he will tell us, that something extraordinary was here in this action, not to be followed of us: then must he show by direct scripture, what was ordinary, and what extraordinary, least By his own doctrine he seem to accuse Christ not to have dealt faithfully in his father's household, in not giving a perfect law Pag. 20 for government of his church by discipline: and must reconcile other places of scripture concerning the like action, which do not agree in all points with this. In the first of the Acts two are presented, one is chosen by lot, and no imposition of hands is mentioned: here seven are chosen (the manner not set down) by the multitude, and being presented to the apostles, they all appoint them, and lay their hands on them. In the 14. of the Acts, Paul and Barnabas are said, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and to have fasted, but no mention is made of the imposition of hands: here is no mention of fasting, but of imposition of hands. Here all the apostles did appoint them, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: in the first to Titus, he only is willed to appoint priests, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, according as Paul had prescribed unto him. Nay, let him show unto me any two reformed churches of divers nations that jump in all circumstances hereabouts, or any one of them which permitteth this action (without intermeddling of the chief pastors) unto all the disciples, or multitude of believers in the said church, which yet have an interest in having a good minister. But (as I take it) the chief sway and moderating of such actions, are in all other reformed churches in such men, to whom this trust is especially recommended. And hath not likewise (for avoiding of sundry inconveniences) the whole church and realm of England by parliament, whereunto every man in the eye of the law, is said to have consented, reposed this trust in a few choice men of the ecclesiastical function? Even master Beza himself concerning this place of the Acts doth say: There is no cause, * Lib. confess. c. 5. why hereof any man too curiously should prescribe any special rule, but if the conscience be upright, it will be easy to set down what is expedient, according to the circumstance of times and places. His second reason as it seemeth, is grounded of these words of adrian's canon, Let no lay or secular prince thrust himself into the election of any Bishop. Which if they be understood (as afore is proved they ought to be) concerning the election and consecration only, reserving by good reason, & as it hath been always at the common law in this land, the licence to elect, nomination, royal assent, supremacy, & homage unto her Majesty, then is her highness prerogative no way touched, nor any thing derived unto other, which her Majesty claimeth to be due unto herself. But to let both Adrian and his canon lie in the dust, how can the canon of the council of Laodicaea, which bebarreth multitudes from election of those who are to ●e preferred to the ministery, impeach her majesties prerogative? Which if it by no means can do, then is our author's reason defective, seeking to overthrow all canons to this purpose, because the canon of pope Adrian seemeth to him to confront her highness prerogative royal. Pag. 61 And can we think, that this man is in good earnest, where he seems thus to tender her majesties prerogative, whereas these popular elections of Bishops and ministers which he now striveth for, do fight with full but against it, and are honoured by himself, even with the name of a Prerogative? His third reason, for the improving of all such canons, as Being against the customs of the realm, seemeth so strange unto me; that I am in doubt, whether I have dwelled so long in England, as I did afore imagine: for I never heard of any elections by the whole multitude to have been used. The statutes which he speaketh of, are written In principio libri paulo post finem capitulo nusquam: and shall be answered when any such be framed. His reason, to prove them contrary to the customs of the realm, is thus: The greatest number of voices, of such as have interest, A childish reason and absurd. do make choice of certain officers, as of majors, bailiffs, sheriffs of towns, &c: Ergo, ministers are, or aught so to be chosen, or else it is contrary to the customs of the realm. Indeed, he might have gathered, Ergo, our manner of electing ministers now in England, is contrary to the customs of choosing majors, etc. And might he not as well have gathered, that the Prince, the Councillors, the greatest Officers of the land, the Bishops, the judges, the Sheriffs of shires, the Sergeants at law, the justices of the peace, the Custodes Rotulorun, th' Eschetors, the Officers in any court of record, the Captains and Constables of any strong pieces or fortresies, the Constables of hundreds, the Mintmaisters, controller & Auditor of mints, the Customers, controllers, and Searchers of ports, ought also so to be chosen, and being otherwise appointed, that the customs of our land (which is our common law) is thereby transgressed? But every child may see the gross absurdity of this reason, and he himself if he have not rubbed his forehead exceedingly, will be ashamed of it. And besides the folly of his argument, his antecedent His reason retorted upon him. maketh against himself. For it is notorious, that in cities & towns, not every one that is to be governed, hath voice in electing their officers; but certain which be culled out of the rest, and specially trusted. So is there none admitted to the election of knights of the shires, but Legales homines, which may dispend xl. shillings in land of freehold by the year. And yet many beside are interessed therein, and may be prejudiced thereby, as being to be governed by the one sort, or to be tied to such statutes, as by the consents of the other are passed. If therefore in these actions for avoiding of stirs and confusions, elections were put into a few men's hands; much more reason was it, that the multitude should not have stroke in election of ministers, being for the most part utterly unable to judge of their sufficiency in learning, which is the chiefest thing to be respected, but yet not debarred to object what they can against their conversation. It maketh flatly against himself in this also: because here he seemeth to require no other consent for election of ministers, than is usually in most cities and towns in the choice of their officers, being done by the greater part of a few, in respect of the Pag. 60. Contrariety of the author. whole multitude beside, contrary to the rule of law by him before brought; That which toucheth all, must be allowed of all and every one: and contrary to that which here he saith, that All the faithful of the land have an interest in choice and allowance of their pastors. So that by this reckoning, men, women, and children (for all the faithful be interessed) shall have voices in election of their minister; and if one dissent, all must be dashed, if we follow that rule. And that this was the meaning of those that confirmed the book of ordering, he proveth; because they Being men renewed with the spirit of wisdom in the gospel of Christ, would be as careful, what guides they approved of for conduction to eternal life, as for discreet dealers for them in matters of this life, and as provident over their souls as over their goods. Indeed if all they had been of this man's spirit, who peradventure thinketh himself as wise and learned as any, and nothing any way touching him, to be well done which he doth not himself; this might then carry some show, to have been respected. But those that be modestly wise, and with humility have learned Sapere ad sobrietatem, do think, that one learned man, long studied in the scriptures, and all good learning, is better able to judge of the ability and sufficiency of any in that study; than ten thousand other, though never so wise, yet not so deeply studied in those matters. We believe one skilful lawyer in a point of law, and one expert physician for the state of our body; better than we do all the world beside of such as have not either at all, or but slenderly waded in those professions. And in truth, if this had been their meaning, why did they not plainly express it, and why hath none of them, till this novus orator péered out, showed what was then done in parliament, what was meant, and what was said to this purpose? But if any such thing had been meant, they would either in general words, or especial, have reversed that statute which saith: The examination of the ability of a person presented to an ecclesiastical benefice, doth pertain to an ecclesiastical judge. Articuli cleri A. 9 E. 2. 13. To that which might be truly objected of tumults, stirs, contentions, factions, ambition, and confusion, ordinarily heretofore accompanying these popular elections, he answereth first, that Every true believer shall have a spirit given unto him to discern, whether a man be apt to preach or no: secondarily, That christians are not to fear such rages of the people; but such are to be affrighted hereof, that have put away faith and a good conscience. To the first I answer, that the most in every place, by whose voices it seemeth he would have the matter swayed, are not necessarily True believers, and such as have the spirit of Christ. For his flock is but a handful in comparison of hypocrites, and many are called but few are chosen. Neither are all true believers always endowed with such measure of wisdom and discretion, as that they are able to sound the aptness of a man in learning, for the ministery: nor yet have all so profited in true mortification, as that they can weine themselves from those disordered affections, which cleave fast unto every one of us, either more or less, so long as we remain in this world: and therefore in such cases, the more that do deal in any action, the more disorderly and troublesome for the most part it falleth out to be. To the second I say, that it containeth a promise of such quietness, and peaceable issues of these popular elections (as if ye turn over ecclesiastical histories) never or seldom hath happened, but the clean contrary; and it carrieth an indirect accusation of all churches, both of elder and later times, to have Put away faith and a good Indirect accusation of other churches. conscience: which for avoiding of sundry inconveniences and mischéefes, have abandoned these popular elections, which truly in this form and manner, as our author setteth forth, and would here have established, I persuade myself, no church reform or deformed doth retain, saving the Anabaptists, if so be they have any settled church any Bullinger. adver. Anabap. li. 3. cap. 4. where. Who in that respect were wont to object against the ministers of sincere churches, called by some magistrates appointed for that end, to have no calling but from men; whereas they themselves, being chosen by the suffrages of the whole multitude, thought their calling therefore to be of God. Now it had been very requisite, that our author for the approving of these democratical elections the better unto us, should (with proof out of scripture for every particular) have showed; Whether women and children of some reasonable discretion, should have voices in the election of their minister? Whether he should be chosen by all, by the greater part, or by the better part? Whether the wives voice should be accounted several, or but one with her husbands, or whether she might dissent from her husband, or the son from his father? Whether the patron not dwelling in the parish shall have a voice, or dwelling there but a single voice? Whether the greater number of voices shall be accounted in respect of all the electors, or only in respect of him which is to be chosen, having more voices for him, than any other hath? Whether all absent shall be accounted to dissent or to assent? Whether sick men, and other necessarily employed, that would come and cannot, may send their proctor being no parishioner, or compromit their voice to a parishioner? 30. Section. Pag. 62, 63. IN this section treating of the last quality which our author hath noted to be required in a minister, I do observe, that he is contented with a Competent and sufficient skill in the Latin tongue in a minister, which so earnestly afore would have impugned the distinction of competency and eminency in learning requisite for the furnishing of a minister. Although I (for my part) cannot see, how this high skill in learning can well be settled in any, that is but slenderly learned in the Latin tongue. And yet the statute here mentioned, seemeth to allow, that a special gift and ability to be a preacher, may be in some that hath not the Latin tongue as is required. And therefore it is said in the disjunctive, Except he be able to give an account of his faith in Latin, &c: 13. Eliz. c. 12 or have a special gift and ability to be a preacher, he shall not be admitted to the order of deacon or minister: so that hereof we may gather, that the law accounteth Ability to be a preacher a special gift, neither incident nor required to be of necessity in every minister, for that some wanting The judgement of the statute for a sufficiency to be a minister. this ability, yet being qualified as is there otherwise prescribed, may lawfully be admitted by the Bishop. Whereby both the popular election and the learning and ability of a preacher, by our author of necessity urged to be in every minister, throughout this whole treatise, yea even by our laws undoubtedly now in force, is quite overthrown. Further, where our author allegeth, as though it were statute, and noteth it with the like asterisk, that If any shall be ordained contrary to any provision of that Act, then is he no minister at all, he doth very shamefully falsify the words of the Act. For the words are these in the Plain falsification by the author. Act: All admissions to benefices, institutions, and inductions to be made of any person, contrary to the form or any provision of this Act, and all tolerations, dispensations, qualifications and licences whatsoever to be made to the contrary hereof, shall be merely void in law as if they never were. Wherein there is no one word of ordinations or admitting into orders. At the shutting up of this matter, he useth indefinitely, against our Bishops, an ironical surmise, as though upon their examinations, it would fall out, that they had not answered the trust committed unto them in ordering deacons and ministers, nor that their dealings had been ●herein faithful, just, and equal. Truly he that hath most overseen his duty in this respect, if any such be of them, I dare avow, he shall be better able to approve his doings by law, and good conscience: than those whom this caviller most affecteth, shall be able to do their words or deeds, or than he himself shall be able to bear out his slanders, innovations, cankered spite, falfifications, wrestings, fallacies, & childish reasons, contrarieties, untruths, and paradoxes scattered in this book. 31. Section. Pag. 63, 64, 65. THe Abstractor hath not been belike far enough yet distracted from the purpose which he handleth, but for the ease of his stomach, which else for cursed heart would burst, he must needs tell us, what punishments the canons do inflict upon such Bishops as promote unworthy men unto orders: assuming always all such to be unworthy, as are not so qualified as he hath scored out. But he is a very temperate and coolebrained man, for he doth it, but upon supposition, that the Bishops have not answered their trust, and yet in other places he telleth us of Our sir john's, the asses of our schools, of our dumb, silent, and idol-ministers, so often & so thick together, and what great masses of money may come by their displacing, to her majesties coffers, as though we had none or very few other besides such. Yet if they were such, and so soul as his mouth is in this behalf, seeing the canons, whose observation he urgeth, do forbidden such contemptuous speeches against them, he showeth himself to be too far overseen herein. * c. cum ex iniuncto §. licet autem Ext. de haereticis. Although knowledge be very necessary unto priests for teaching, yet we may not speak ill of simple priests, though they be but scholars, seeing the priestly office ought to be honoured in them, and * Reg. iniunct. art. 28. her majesties injunctions do command men to use even Those priests that have small learning, and which of long time have favoured fond fantasies, rather than God's truth, charitably and reverently for their office and ministration sake, because their office and function is of God. Also the reformed churches in France, are far from this immodesty, * Art. 22. des advertisements en la discipl. de France. where in their policy and discipline they have thus decreed even for the immunity of popish priests and monks: Toute violence, etc. All violence and injurious words against those of the church of Rome, and namely against priests and monks, shall not only be hindered, but also shall be corrected and restrained so far forth as possibly may be. The conclusion (for proof whereof he voucheth vivers laws and canons) is, that Both the man unworthily promoting, and the man unworthily promoted, is to be deposed. Where if I should deal strictly with him as a lawyer would, I could tell him that there is great difference in law betwixt one unworthily promoted, as perhaps some solemnity required by the canon being omitted, and one promoted being unworthy. The first case is so far from * c. literas Ext. de tempor. ordinand. gl. in 1. q. 1. c. si qui Epi. ver. ordinationis. deposition, that it deserveth but a temporary suspension from execution of some part of their offices, at the discretion of their superior. For proof of his conclusion he bringeth three allegations, speaking no word of deposition, but of punishment to be inflicted, which without expressing can never be extended to deposition; In ambiguis quod minimum est, sequendum; & pro mitiori poena semper est interpretatio facienda. And yet the first and the third of them do speak of Bishops and superior prelates, and not of inferior ministers. The first is * c. nihil est. Ext. de elect. & elect. poorest. not aright quoted nor alleged. For the punishment there set down for confirming an unworthy prelate, is sequestration of the fruits of his own benefice, and béereaving him of power to confirm the next successor: and in the words immediately * §. episcopi abide. next following by him not alleged, as once afore hath been showed, a canonical punishment by reference unto canons to that end in force, is appointed to the Bishop, which shall prefer an unworthy man to holy orders or ecclesiastical dignities. In his third allegation by joining of two several canons as one, the one of them appointing a milder punishment than the other, he hath disaduantaged his own cause. For where two punishments are laid down, the less is to be inflicted. But neither of these canons * c. ex panitentibus 50. distinct. etc. aliquantos 51. dist. do speak of a man unworthy in respect of learning, but uncapable of orders in respect of some other canonical impediment, as infamy by law, bigamy, anddiverse such like there specified. But the gloss reconcileth not only that canon, but all other which speak of disposition of him that ordaineth one unworthy; with those canons, which do suspend him only from ordination of others: because the * Gl. in c. si qui Epi. c. q. 1. verb. ordinationis. first are to be understood, when of contempt and pertinacy the Bishop shall with pretended purpose against the canons ordain such: and the other, when he ordcineth uncapable men only of ignorance or negligence. And again, this doubt in the same place is better resolved; seeing there are divers penalties for one offence, and that the * c. grave Ext. de praebendis. latter canons do prefix the milder of both, that therefore the easier penalty must in both respects be practised. And therefore I muse at the boldness of the man, who leaving out the word Alias Otherwise; to wit, when the Bishop of pertinacy shall ordain one unworthy, he always deserveth to be deposed, Falsification. dare allege the words of the gloss generally, as though in all cases this decision had place. The * Gl. in c. unicum const. Othonis de scrut. ordinand. verb. quare. next gloss is likewise wrong quoted out of the legative constitutions of Otho. but serveth not any whit for proof of his conclusion, because it mentioneth no penalty: but onclie ingreiveth the fault of him that doth ordain any unworthy. His argument of comparison which he borroweth of the gloss of the c●uill law, to prove that the archdeacon's fault or oversight cannot excuse the Bishop, no more than a pilfering sailor shall excuse the owner of the ship (who taketh fare of his passengers) from restitution of that which is embezeled: though great diversities may be taken betwixt these two cases, even to this intent, yet I will not greatly gainsay: seeing it is both lawful and expedient, that the Bishop himself should examine them for their sufficiency in learning; adding this nevertheless, that the author here hath manifestly falfified the gloss, where he simply saith the Bishop is to be punished for the archdeacon's fault committed in examination. For the * Gl. ibid. ver. per Episcopum. gloss saith to this purpose; Indeed if the archdcacon do it by the Bishop's commandment, then is the Bishop punishable; but if the archdeacon do it of his own head as incident to his office, then must he himself abide the penaltic of law. That which he saith of A deed once done, which upon a cause newly arising sometimes may be altered, cannot be applied to this, that a Bishop may reexamine those whom the archdeacon hath examined, though it be * Arg. c. accepimus Ext. de aetat. & qualit. otherwise lawful; and in like manner, can I not conie●ure, for what purpose he bringeth, though with a wrong quotation, * c. eae quae. Ext. offi. de Archid. concerning the remissness of an archdeacon in safe keeping certain ornaments of the church, required to be punished by restitution of such things, as by his default were perished, except he think here by may be insinuated, either that the archdeacon's office alonclie doth consist in such like duties, and not in examination of ministers to be admitted, or else, that as he is to be punished for his negligence in these small matters, so Bishops for such offences as they shall commit about dealings of greater consequence. Which if it be his meaning, I must needs judge that he is very mystical that can fetch about so far, to speak so little to purpose. But all these canons, if they were as pregnant to prove deposition as he would have them, are wholly overturned by his own platform of popular Contrariety. election. For I think he would not endow the Bishop with an authority to ordain another, when all the people have made choice of their minister, nor yet punish him for their foolish choice. 32. Section. Pag. 65, 66, 67. THis section, with some following, being to show the course of punishment against ministers being unworthy of that function: in the first place for proof hereof, is brought the deprivation of a Bishop, against whom many things were objected, and he himself had confessed that he never learned any thing De Grammatica, of the Grammar, nor had read any Grammarian, no not Donat: yea, by the evidence of the fact itself it appeared that he was Illitteratus & insufficiens, Unlettered and insufficient. All which things joined together, being the ground of his deprivation, if he will apply to his purpose; (though I think some ministers in our church unworthy that calling) yet I believe he shall find very few or none, within the compass of this decision, which never learned any thing of their Grammar. And yet nevertheless, his reason being A maiore ad minus affirmatiuè doth not follow. Seeing it is notoricus, that less learning is requisite in an inferior minister, than aught to be in a Bishop. And it seemeth, that if this Bishop had learned but his Grammar, by want whereof he was apparently insufficient, this gentle pope, in favour of some not much deeper clerk sitting in that See, as the pope that writ Fiatur for Fiat, in despectum omnium Grammaticorum, and he that to an ambassador did so prettily Italianize in his Latin, Facit magnum frigum, and being advertised softly by one of his cardinals, that it should be gus, gus, as scholarlike did amendit, with Facit magnum frigumgus: it is likely (I say) he would have tolerated it in this Bishop of Calinea. And therefore it is not very safe, to exact no better measure of learning in a minister, than this canon seemeth to do. Here upon our author groundeth a wish for a general visitation, but very unperfectly in my poor conceit, for he requireth neither learning in law, experience, nor discretion in his visitors: he authoriseth them to deprive only, unjust possessors, which would hardly be racked unto all, though not so sufficiently qualified as he requireth: he endoweth them with no absolute power to place fit men in their rooms, without sharing out any thing to the patrons, lest he should displease some, that perhaps with all things reform saving that; nor yet telleth us whence so many places in short time might be furnished with sufficient preachers. But he is of a sure ground for the promise of augmentation of her majesties treasure: for he saith, that the first fruits upon avoidance of unjust possessors, will be more Than the best subsidy that her Highness hath levied of them. But saith not more than of them, and of all other ministers beside. Which must needs be true, for the greatest subsidy was but six shillings in the pound, to be paid in three years, whereas the new incumbents coming in upon displacing of the old, should pay the whole value of their benefices, in the space of two years. His first allegation concerning an abbot threatened to be deposed, if he be negligent in his office, is altogether impertinent to prove, that a minister unworthy in respect of learning, or because he is not able to preach, is to be deposed. But I observe that where the law is, Let him as often as he may be with his brethren in the covent, our author (I know not to what advantage) doth translate thus: How much more Corrupt translation. ought he to be frequent with his brethren in all things? The second allegation out of a canon of Triburiense concilium, toucheth only an abbot that is criminous in life, and negligent in his government, to be worthy of deposition, and cannot be extended to unworthiness of a minister, for insufficiency of learning. Nay, though ministers that be scandalous to their calling may be deprived or deposed, according to the atrocity of the fault; yet the same punishment that is inflicted upon abbots, who are tied to a straighter rule and observance, cannot always be extended by identity of reason for the like offences upon ministers. For the * c. per. tuas 1. in fine Ext. de simonia & Gl. in verbo cantus 18. q. 2. c. si quis abbess. law noteth, that abbots for causes of lesser importance, yet being against the rules and customs of their order, may be removed from their administrations. Yet to the intent it may appear how impertinently these places of an abbot are brought, and how unskilfully he reasoneth, it is to be remembered; that although an exacter and more strict course of conversation be required of an abbot, than of an inferior minister, yet less learning will serve his turn a great deal to retain him in his office: therefore * Ab. in c. vlt. Ext. de aetate & qualitat●. Panormitane concludeth, That an abbot shall not be deposed because he is ignorant in Grammar, if otherwise he be skilful in the rules of his order, and discreet, by which rules his function is limited: to which purpose serveth, that in abbots diligent industry rather than learning is required; c. multa, ne cler. vel mona. Also in old time abbots were lay men. c. a subdiacono. dist. 93. Therefore it is sufficient for him, if he be discreet and vigilant over his flock. 8. q. 3. c. dilectissimi. Which our author perhaps perceiving, doth show more near to purpose, that an inferior minister may also be deprived by the Bishop, if he be unprofitable and unworthy. But what the law will account such unworthiness, unprofitableness, or negligence to be, he hath not yet showed, and therefore is far from proving his issue, that every one is an unworthy minister, and to be deprived which is not able to preach. And seeing he allegeth this for law, why shall not the words following, which he cunningly cropped off with an, etc. be law also? Videlicet, Both * Facit. 15. q. 7. cap. 1. & vlt. institution and destitution of priests doth notoriously belong to the office of the Bishop. Belike he was loath to attribute so much unto them, as must either cut off his popular election, or improve that, which he saith afterward, against all absolute ordinations. His next allegation which he left without * c. dictum est dist. 81. quotation, Vagatur extra oleas, and speaketh of negligence, which may be such as deserveth deposition. And this may as well happen in a minister worthy and sufficient, as in one unworthy of such a place in respect of disability. And yet it is not every negligence, but gross negligence, as the gloss there telleth him, which the law matcheth with Male engine that deserveth deposition. For Magna * L. 226. magnaff. de ver. signif. negligentia culpa est, magna culpadolus est: as if the minister being required to baptise a child, being very weak, shall upon a * 1. q. 1. c. neque, etc. si quis per ignorantian. dissolute negligence omit to do it, whereby the child dieth without baptism, he deserveth deposition. That which our author allegeth as out of the * 1. q. 1. si qui Epi. §. ecce. canon, are indeed the words of Gratian, collected upon the canon, are notably by our author falsified and wrested. For whereas Gratian saith; Behold where Bishops do escape without danger of their estimation (for ordaining such ministers as by law they ought not) so that they may as priests administer all other sacraments: yet from this only, (Videlicet the sacrament of ordering) not only for heresy, or for any great fault, but even for negligence they are removed. Our author cutting the sentence off by the waste, and applying that which is spoken Falsification manifest. of the Bishop's negligence only, (whereby he suffereth some ministers to escape his hands whom the canons allow not to be ordained) unto every minister, dealing negligently in his function, saith in steed of it, thus: He shall not only be removed for heresy, or other greater offence, but for negligence also. Which corruption, though it be foul in itself, it doth not yet bear out his issue, that a minister for insufficiency to preach, is to be accounted unworthy of the calling, and therefore to be removed. 33. Section. Pag. 67, 68, 69, 70. He that dare wrest and falsify texts when he quoteth them, whereby others may examine them, it is to be doubted much more that he will do it, when he leaveth them without quotation, as in this section he hath done his two first allegations out of the civil law. And therefore, as now they make not any whit to his purpose, so being by me touched with the original, I find they cannot carry any show or colour with them. For what doth the Removing of such a clerk that either will not do service at all, or of such as feigneth himself to be one when he is not, or the * L. qui sub praetextu C. de sacra eccles. inhibition to bankers and exchangers of money, mere lay men, That they leave not off their trade upon a bare title of collegiat men, make for proof, that a minister unworthily promoted is to be deposed? Nay, the latter place which he was unwilling to quote, is by no colour appliable to this purpose. Of those (saith the law before the words by him alleged) which under a pretence of deans or collegiat men, though they do not execute that office, do yet go about to withdraw themselves from other functions, we thought good to meet with such crafty packing; lest any should under colour of an office which he doth not execute, be disburdened of another duty of him required. Now these deans and collegiat men were certain in Constantinople, which * Novel. 43. & 59 & Alc. c. vlt. lib. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. being appointed out of several companies of trades, did partly take care of burying dead bodies, and partly were employed in other public and necessary affairs of that city. The reason of these laws and canons which he bringeth, are four in number, the first not alleged but gathered (as it seemeth) out of the text quoted, is; That a possession without canonical institution, is no sufficient establishment in a benefice. And this institution (that * c. ex frequentibus Ext. de instit. decretal saith) must be given by the Bishop's diocesan, or by his official, to whom it appertaineth. I will easily grant unto him, that sole possession will not relieve any minister, either worthy or unworthy, for retaining of a benefice without institution. Hereof will follow, that all such as have canonical institution, are without the compass of deprivation as in this respect alone. This matter of sole possession without title, he also enlargeth out of a summary of the civil law; that Sole possession maketh not a senator or captain, but lawful election. For which word Election, as it seemeth, he rather chose to use this summary, than the law itself, which is, that A * L. 10. ff. de decurionibus. man is not made a decurion, only because his name is written in the table, unless he be also created a decurion according to law. These decurions in the commonweal of Rome, were in cities and towns corporate, as senators were in the city of Rome, but not senators in deed, nor enjoying all privileges as senators. And in this regard the law saith, A * L. 33. c. de decur. li. 10. decurion, or (if I may so term him) a senator of his own court. And therefore our author describeth his ignorance in translating him a senator, but most of all when he englisheth him also a captain. But if so be herein any thing had sounded to his purpose, yet he could not have reasoned from the function of a decurion, to the calling of a minister, Et ex adverso, except the law had made a parity betwixt them. Else might I as well reason, because the law will not have a * L. 11. ff. de decurionibus. decurion chosen, above fifty five years of age, that therefore a minister may not be ordained above that age. And because a man * L. 6. C. de decur. that cannot read, is not forbidden to exercise the calling of a decurion, therefore such a man may also be a minister. The next is, because prescription doth not relieve him, that enjoyeth any thing without a simple Meaning and upright conscience. Which men so ordained (he saith) do not, but are unjust possessors in their own conscience, therefore by their own craft and guile, or lewd practice, they are not to reap benefit. If by his words So ordained, he mean either all made according to the book by law established, or all such as were made without popular election: then hath he left us, by this collection, no ministery in England, except perhaps two or three leape-lands, which like neither of order, nor ordering, on this side of the sea. But if he mean only such, as are not able to preach, than should he have proved his Minor, that all such are unjust possessors, even in their own knowledge: which now he taketh as granted by his old wonted fallacy of Petitio principij, which never falleth him at such a pinch as this. And seeing such ministers have at the least, the outward form of calling by law, and are to be intended to have a persuasion that they are inwardly also called, and (as all other men naturally) are parcialie affected in matters tending to their own worldly behoof, it can not be doubted, but that they will deny that that his assertion, that they should be guilty to their own consciences, of untusf possessing their places. Furthermore, his Mayor proposition is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a mere stranger to this purpose, seeing no minister claimeth the holding of his room by prescription, which requireth a number of years for the fulfilling of it, but by a just & canonical title at his first entrance. Again if we esteem it by the civil * Text. in l. unica C. de usucap. transfor. law, a prescription of ten years, betwixt those that be present; & of twenty years betwixt those that be absent, is sufficient, where good faith was meant at the beginning: that * L. qui. scit § b●●e fidei. ff. de Osuris. is, where the prescriber did not know the thing to be another man's, although perhaps he doubted thereof: notwithstanding that afterwards within the process of that time, he knew it to be another man's: yea, by the law, a man which at the * L. si. quis emptionis. §. quod si quis C de prescrip. 30. annorum. beginning knew it to be another man's, and therefore was Malae fidei possessor, may in thirty or forty years prescribe against the true owner: both which by the * c. quoniam omne, etc. vigilanti Ext. de praescriptionibus. canon laware utterly dissallowed with good reason, and according to God's word. By which may also appear by the way, that the canon law reformeth to good purpose, something in the civil law, and therefore is not wholly to be contemned. Of that rule of law, That no man is to be enriched with another man's injury or loss, I cannot see how he can gather the deposition of all ministers, which be no preachers: except he will say, that some preachers without living, be hereby damnified or injuried, which would take those livings, if they were void. To this I say, * Dynus in reg. locupletari. that which is done by disposition of law, is not accounted any man's injury or loss: as * L. in. contractibus c. de non numerata pecunia. if I give you a bill of my hand for the repayment of a certain sum, which I hope to borrow of you, if you afterward deny to lend it unto me, and yet keep my bill, and I sit still, and let it alone by the space of two years, it will be then too late for me, to object in bar of the debt, that I never received the money: and therefore you shall by law recover the debt of me, to your enriching, and my great hindrance, notwithstanding this rule of law. Again, it is not another man's loss or injury, for me to keep that living, which was never his, nor he had ever any interest unto. And therefore these reasons are so far from giving strength unto his former allegations out of the laws and canons, to prove his conclusion, which yet being truly understood, is to be verified; to wit, that The abettors and deed-dooers are to be punished with like punishment, that they help not any thing to prove the other his more particular conclusion; to wit, That a minister not able to preach, is unworthy, or being in that respect unworthy, is therefore to be deposed. Now from his reasons upon general rules of law, he goeth back to talk Once again touching the displacing of ministers that cannot preach, whom he calleth Idol-shepherds and hirelings, unto his reasons of likeliehood taken out of the civil and canon law. But two of his * Auth. de collatoribus jubemus collati. 9 de poenis in 6. c. degradatio. places, which by quotations he sendeth us unto, contain no such matter as he allegeth. And there is no such law as L. carceri. C. de custodia reorum, neither is there in that whole title any such thing of a jailor as he allegeth. Nay, it hangeth not together, that the jailor which wittingly and willingly offendeth, should be punished less grievously, than when he faulteth unwillingly and of negligence only. Of like sort is that his quotation of Feline writing upon C. ex literis Ext. de rescriptis: whereas there is no such chapter whereupon he should write: and it seemeth he was deceived by the annotations upon Bartol. In l. 2. §. ignominiae ff. de hijs qui notantur infamia, where this place is indeed so quoted, though falsely. That which he speaketh, & setteth in an Italian letter, as though it were some law, but without quotation touching a soldier, that by breaking the rules of warfare deserveth death, cannot be racked by similitude or comparison any further, than that a criminous minister may deserve deposition. But what is this to his sufficiency i● learning, or his ability to preach? Where sacred Antonine the great, together with his father, did by their prescript decide as is alleged: our author translating it, telleth us, that he And his father before him have answered: not much unlike doltish Dorman our countryman, that translated Diabolus est mendax & pater eius, thus: The devil is a liar, and so was his father afore him. Hereupon he insinuateth certain Ministers to be pretenced to forsake their standing, and only to wear the ensign of the proclaimed enemy to their Lord and master. If he think all are but pretended, and do forsake their standing which cannot preach: besides that it is too vehement an accusation without proof; it is also unproperly spoken to say any doth forsake that which he never had, nor took in hand. By the ensign of Gods proclaimed enemy worn by ministers, it cannot be doubted but he meaneth such apparel and ornaments of ecclesiastial persons, as this church by law hath received, and her most excellent Majesty requireth. And therefore where this foul and slanderous mouth Slanderous speeches and factious. saith, they are Only the ensigns of Gods proclaimed enemy, he showeth the poison of his stomach against her sacred Majesty, who hath commanded these ornaments and form of apparel to be used. But if either he or any other hot brain whosoever, do think that either they are unlawful by christian magistrate to be urged, or being commanded, that the magistrate herein may or aught to be disobeyed, let them lay forth their reasons in brief syllogisms, without flaunt or flourish to dazzle the eyes of the simple, and they shall (God willing) shortly after see their boldness to be greater, than either their wit or learning. All the other quotations out of the civil and canon law in this section alleged (saving one which is impertinent) tend to show either what is required of doctors in philosophy, physicians, orators, & grammarians about their several professions: or that as well they as judges, for unprofitableness in their several callings, may be again removed. And that therefore by the like reason, ministers for their unprofitableness and unableness to give counsel, which he childishly and ignorantly terineth [To consult] may be deprived or deposed: assuming still as granted, all to be unprofitable that are no preachers. First if this were granted, yet is there great diversity betwixt readers, schoolmasters, and such professors, who are chosen to be retained so long, and no longer, than they are able and shall perform the trade of teaching and function, to the which they are allotted: and ministers beneficed, who have a title for term of life therein, and in respect of any debility or infirmity arising, cannot be by law removed during their life, but are in this case to have a coadjutor appointed unto them by the Bishop: a Arg. l. 83. §. sacramff. de verb. obligatio. & d. l. §. si stichum. and therefore hereby this reason is overthrown. Again Rodol. Agricola b Li. 1. de invent. ca 25. saith; That of all places, out of which reasons be drawn, none almost is of less force against an auditor that resisteth, than the argument taken of similitude. Furthermore, where c Abb. in c. cum dilectus Ext. de consuetu. ver. prima quod. the matter is penal (as in those cases alleged) there an inference cannot be brought from one to another: because in penalties we argue not to the like by like; for d De paenit. dist. 1. §. paene, & 10. And. super gl. & ita c. si postquam de elect. in 6. penalties go not beyond their own proper case. But to put this matter quite out of doubt, and to show the vanity of this kind of reasoning once for all: it is well known to those who are but meanly studied in law, that e L. non possunt. 12. cum l. sig. l. 27. & 32. ff. de legibus. although the rule be, that Where the same reason is, there the law also is the same, yet even then when a difference can hardly be taken and alleged, this rule hath many limitations; namely where some special law is repugnant to the argument, drawn from the identity of reason. For as f Aristot. li. 2. Rhetor. ca de solutionibus. Aristotle saith; It is no inconvenience for two probable matters, to be contrary the one to the other. For there is less authority in arguments than in laws, because right is g L1. ff. de reg. juris, l. 5. ff. de probat. not to be established out of general rules, but from especial and particular decisions of law. For if right should not be gathered out of laws, but from discourse of reasoning, and from general rules which be gathered upon the laws, than would the law be not only infinite, but also uncertain, yea and contrary in itself: because the rules of law be almost infinite, and one reason may easily be insringed by another reason. And in this respect Tully * Li. 1. de oratore. saith: In the civil law we are taught, not by disputations to and fro, which be infinite, and full of alteration, but by the authority and direction of laws. Also this rule holdeth not; * L. 7. si pupillorum §. si praetor. ff. de rebus minorum. where a man is adjudged or decreed touching some certain persons, for such a decree is not to be drawn to all cases which be alike. lastly this reasoning and interpreting any case by a like law, upon the sims●itude of reason in them both, is only * L. 11. Pomponius ff. de praescriptis verbis. L. 2. §. sed quia C. de vetcri iure enucleando. L. 11. §. cum igitur C. de legibus. permitted to him that hath sovereign authority and rule, and not to those that only have single jurisdiction, but much less to him that hath neither of both. Neither is our author's intent any thing helped by Bartol. upon L2. ff. de ijs qui notantur infamia, because he having there showed, that there is one degradation of soldiers or knights, verbal, and another real: and when two processes, and when but one to that purpose are required, he saith: Those things which I have said of the degradation of soldiers, the same is also to serve about degradation of doctors and clerk: not noting that for the like offences, they all are to be deposed, but that the like manner of process is appliable to them all. As for that which is said, that He which usurpeth the ensigns or arms of a doctor, being none, is guilty of forgery: can no way serve for punishing such, as have the outward calling into the ministery, how unworthy soever: but such as do usurp that calling, without any external calling, whom other * Ext. de clerico non ordinato ministrante. Canons more pregnant than this law doth sufficiently meet with. 34. Section. Pag. 71. NDw at the last our author having quit himself like a man, and proved sufficiently, at the least in his own conceit, all ministers to be unworthy, and to deserve in that respect deprivation, which cannot preach: lest perhaps the magistrates (though being by him so fully persuaded) should nevertheless faint in this action, as not knowing what course to take in the manner of proceeding against them; he very gently taketh the pains to tell them out of Panormitane, how they may safely proceed to deprive them, for their ignorance and want of learning. But he maketh his process to reach unto those only, who neither have read any books of learning, nor have been taught by others reading unto them; though his intended purpose was to disable all, notwithstanding they had both read privately, and heard others, in diverse sorts of good learning, if they were no preachers. And therefore he calleth all such, Idols, dumb, bare mumbling ministers, and hirelings. But it is better to hear the words of Panormitane himself, than his falsified paraphrase Panor. in c. vlt. de aetate & qualitate. upon them. Note first (saith he) that want of knowledge is a lawful cause to depose a man from a Bishopric, and then is it said there is want of knowledge, when he knoweth not Grammar. Note also secondly, that knowledge is not gotten except it be taught by another, or else he himself have read books tending to knowledge. And so this maketh against them that will pretend to learn both without a teacher and without books: and here of you may gather the practic of deposing a man in science ignorant: because it is sufficient if the witnesses depose, that he never read any books, nor ever went to school, or heard any reader or teacher. So that we may easily perceive Falsification by the author. our author's falsification hereof, when as he by his translation of Panormitane, omitteth wholly that Want of knowledge is ignorance in Grammar, and maketh both the private study, and the hearing of a teacher, to be ●●intlie requisite for the escaping of this ignorance: where as in truth Panormicane requireth but either the one or the other to this purpose, and therefore with the conjunction, and, taken conjunction & non divisim, Panormitane saith; A man cannot learn without a teacher and without books both: as plainly appeareth by the disjunctive following, whereof if any part be true, all is true. Also Panormitane speaketh here, not of every inferior minister, but of a Bishop: nor of want of any other knowledge, but of Grammar. And least of all by him is it reguired (as our author seemeth to do) that a minister should learn that strange book Of controversies of the gospel. Whereby may appear that it is but a lose & unperfect rule to measure out a ministers learning or ability by, when no greater stuff than Grammar is necessarily required of a Bishop. And therefore the same author in * In. c. nisi. Ext. de renuntiatione. another place saith: A competent or reasonable knowledge is sufficient in a prelate, neither is it any lawful cause to resign and give place to another, if he want an eminent skill. And again; What ibidem. if a prelate be ignorant, but be such as may easily learn? The gloss saith, he may learn, and then licence to resign shall not be granted, and to this he is bound, although he be an old man. And therefore he in generalitic saith; Only that crime is of sufficient force to depose a man, which ibidem. hindereth the execution of his order, though afore he have been solemnly penitent. And that this skill and knowledge is in no greater matters, than in Grammar, he declareth plainly thus: I * Panor in c. vlt. in fine Ext. de eta. & quaiita. ask (saith he) concerning him that is ignorant in Grammar, and yet by use doth speak perfectly, if such a one be already preferred to a Bishopprike or other dignity, whether he shall be deposed? 10. de Deo. li. 9 16. holdeth, that if otherwise he be profitable to the church, he shall not be deposed. And to this (decision against the Bishop of Calinea) he answereth, that other matters (as here appeareth) were objected against him, and to this purpose maketh this: He that knoweth the meaning of the law, though he have not the knowledge of it, is borne with: 38. Distincti. c. sedulo. l. scire leges. ff. delegibus. & de consecrat. dist. 2. c. primus quidem. Also their duty may be by others supplied, c. inter caetera, Ext. de officio ordinarij. Which place plainly speaketh of want of knowledge, in which regard a coadjutor may be appointed, 7. 9 1. c. non autem c. exparte, Ext. de clerico aegrotante. And as to the laws that may be brought to the contrary, 25. dist. §. nunc autem. 8. 9 1. c. qualis. 81. dist. c. statuimus, he answereth thus, that they are only to be understood of those that are not yet promoted. So that if our author will weigh our inferior ministers learning, in no other scales but these, there being (I think) few or none, no not of the meanest sort, which have not been trained up in Grammar under some schoolmaster, or at least by their own private industry: he shall be so far from deposing any great number of such as be already ordered, though their ignorance otherwise were not tolerable, so that their life be not also scandalous: that it may truly be said, his devise would not so much enrich her majesties treasure, as his book hath bewrayed his mean skill in law, and his cankered affection towards the present state, hath slandered her majesties most renowned government for propagation of the gospel, & hath troubled the quiet repose & unity of this church. 35. Section. Pag. 71, 72. IT may appear (I hope) sufficiently by that which hath been before delivered, that there is no cause why we should ●ie to a disjunction of A simple curate, a rural priest, or a plebeiane prelate, by himself only surmised, for the avoiding of any of his Rural reasons, too Simple to drive us to any such poor shifts. For setting aside a flood of words, vainly now and then puffed forward by the wind of a discontented mind, and furious affection, I cannot call to remembrance that I have perused any book less furnished hitherto with pithy proof, less approaching to the point of the issue pretended, or more confusedly tossed to and fro by snatches, to resume that, which once it seemed he had relinquished; than this distracted Abstract doth. And here in this section, for that (as he very generally avoucheth) All laws directly do inhibit a man to take upon him an office whereunto he is unfit and uncapable; he inferreth A monstrous and damnable usage to be tolerated in this church: for that some ministers are Such as know not for what, or how to present their supplication to God, neither what kind of diet they should set before his people. Truly I wish unfeignedly the gift of God's spirit were doubled and redoubled upon all of that function, yea that all the Lords people could prophesy: yet can I not without intolerable unthankfulness to God, and great touch of her majesties gracious care, for the instructing of her people, so debase all ministers abilities, which be no preachers: as to say, they know not either for what they ought to pray, or that the word of God is the only food to the soul of man. Or shall we say, that none knoweth any thing, nor is able to catechize, or to exhort or dehort in any reasonable measure, but he that is a preacher publicly licensed? Seeing it is notorious that even in the reformed * Art. 8. des mariages en la discipline du France. churches of France, according to which our men that have their heads so full of church-plots, would seem to have squired out all their frame; there be certain congregations tolerated, where they have no public sermons, but prayers and certain exhortations. After, by way of ampliation (as lawyers of later times term it) he proceedeth to tell us of others also, in learning far surmounting those whom he had afore so disgraced, which are not fit to be made straight ways ministers: namely grammarians and poets from Winchester and Eton, philosophers and rhetoricians of long continuance in the two Universities, for that They must before shake off vanities, and forsake their ungodliness, where with they have infected their minds in those places. So that now he requireth such an exactness in learning and life, far above that which the Canon law doth require, that I fear me he would either leave us wholly destitute of all ministers, or else he would have them so fined and refined, that the Quintessence must be in a very few of his select clients. But the two Universities are as slenderly beholding unto him for his contumelious report of them, as he was to either of them, which could purchase there no more sound reasoning nor modesty than in this book is showed. And I think it may be truly avowed to the glory of God, that the two Universities are, and for the most part since her majesties happy reign have been, as well stored with sound divines and preachers, as any four Universities whatsoever in foreign parts. And although some part of the old frugality and discipline is perhaps with the stream of time quailed, which is to be lamented; yet if the Universities on the other side be laid unto ours, in respect of order and discipline, they will hardly carry a vizard of orderly Universities. And what are those Vanities and ungodliness, where with those places infect the minds not of younglings only, but of those Who have spent many years there? Belike a weaver may come from the shuttle, and a bare English clerk, or one with a little smack of French, that never was in Grammar school, nor took degree but at Botley, or in a scriveners shop, so he be bold and zealous (as they term it) to gird at his superiors, and the orders of our church, may be allowed by him for a sufficient and a well qualified preacher: but if a graduate come from the University, he must be cast again and new founded, and have some country schooling, and be purified seven times, yet he can be made to bear this man's touch. So that I cease to marvel at some, whom I cannot call The asses of our schools, because they were never able to keep any exercises there, but only at Carefax or ●ulie-locke in Oxenford, and at the Pump tavern, or the Howsen in Cambridge: who being at the Universities, were such drones, that they were accounted Non proficientes: yet they afterwards coming into some countries, and betaking themselves to a vein of contempt of all order, and to a strictness in godly words, as the Phariseis did in external converstion, were by a sudden Metamorphôsis transtigured in some singular men's conceits, into great, side, wide, and deep clerk, to be wondered at, rather than to be followed. 36. Section. Pag. 72, 73. Here have we another ampliation of the rule of unfit and uncapable ministers, excluding all that have been popish priests, quite from the ministery for ever, with a Non obstante, whatsoever Popish lawyers which surmise traitorously all the professors of the gospel to be heretics and schismatics shall say to the contrary. As for popery, I do by the mercy of God disclaim it with all my heart, and the skill in the Canon law, which I think he meaneth, I leave to him that gathered these his texts, whether he were Friar or liar, and to his gentle Glossographer upon them, if they will not think themselves slandered, to be so burdened. But if any surmise only in heart, as he writeth: I would to God for the safeguard of her Majesty and this reahne, their hearts were ripped through, and such thoughts written in great letters of either side of them, that all men thereby might see as much, as this man thinketh he doth. And if their surmises have also grown to words and open speeches, I hope our author, for avoiding the danger of abetment unto such, hath revealed unto authority such traitorous surmises, before he published his privity with them, in a printed pamphlet. In the enlarging of his assumpt, that Papists are heretics, he speaketh not like a divine, to say, that any being baptised (which is to us as the covenant of circumcision was in the old law) is an alien from the covenant of God. For hereof it would follow, that a papist once baptised, and forsaking his popery, * De consecra. dist. 4. c. none in vobis ex Aug. ad. Donatistas'. shoudl be baptised again before he could be accounted in the covenant, and of the true church; which is plain Anabaptism. That which is said by him, of the force of the Act of parliament, concerning the submission of the clergy, is vainly and impertinently alleged, seeing that part of the act might remain in force: though it had been so, that the other part establishing all Canons, etc.: had been reversed and repealed. Now, although the act in the 1. year of her majesties reign is thought by many, not to stretch so far as to make Papism heresy, to that intent to punish them by the penalties of law appointed to heretics: yet will I easily grant, that dubbed papists in terms of true divinity be gross heretics, and some points of their doctrine to be both heretical to GOD, and traitorous to princes. Nevertheless, the place quoted in the Decretals by our author, for proof that therefore such upon abjuration and renouncing of their schisms and heresies, may not be chosen, admitted or tolerated to bear any ecclesiastical Corruption of the text. office, proveth no such matter. The words alleged, are his words and collection, flat contrary to the text itself, which is; Whereas * c. quia Ext. de elect. & elect. potest. you carefully have required whether you ought to confirm the election of him, which having abjured schism, is returned to the unity of the church: I thought good to answer, that if he have received Gl. ibid. in verb. suseeperit. ex c. 1. inf. de schismat. no order of a schismatic (so that nothing else do hinder) I do permit him by way of dispensation to be confirmed. Where it appeareth, that by dispensation of the superior, one which hath been a schismatic, may be admitted to a higher promotion. So that this place and the other being not so much as alleged to any further purpose, than to hinder such as had been schismatics and heretics, from being admitted to those ecclesiastical functions, which afore they had not: that part of his Mayor remaineth yet naked, that such may not bear an ecclesiastical office, and be tolerated in that place that they were in before. The second allegation manifestly speaking of those, that being Heretics, or believers of them, &c: are not to be admitted to any ecclesiastical benefice, or public office, is notoriously by him falsified, by a Fallacy ab accentu: where without Falsification. any interpunction, he translateth, * c. 2. §. haeretici de haereticis in 6. Haeretici autem, credentes, receptatores, &c: ad nullum, &c: admittantur, believing heretics, their receivers, &c: let them not be admitted to any benefice: because he would have it sound, as though it were spoken of heretics converted, and now become true believers. The falsehood and vanity whereof appeareth, for that it is no reason, such as favour a true believer, though he have been sometime an heretic, should be debarred from ecclesiastical living. Also this his sense of this canon, being in force as he saith, doth exclude all men in England, and their children and nephews, from bearing any public office, if ever they were papists in times past. Furthermore, by this interpretation, the beginning of this Chapter would hinder all that have been papists from christian burial, and procure such as are already buried to be digged up again; even the very summary of that §. overthroweth this wilful and childish corruption. The preferment (saith Domin.) of heretics, of those which believe them, or favour them, &c: is of no force or validity. In summa ibid. In the * c. ut commissi. ibid. same title, those selfsame words are again repeated, sufficiently convincing his interpretation. Again the law itself doth plainly set down the true meaning thereof in these words; This * c. statutum §. hoc sane ibidem. truly that is spoken of the children and nephews of heretics, believers of heretics, and such of like sort, seemeth ro be understood of the children of those that either be still such, or which may be proved to have departed this life being such: and not of their children, whom it may appear to have been reform, and incorporate again to the unity of the church. And him that desireth further evidence in this matter, I remit for brevity to the * Gl. in c. 1. ver. nota de schism. in 6. c. si adversus. c. excommunicamus. §. credentes. c. excommun. 2. §. si qui autem Ext. de hereticis. piaces here quoted. The contrary of this doctrine of his, may be proved by the example of Aaron, who was an idolater or an abettor of idolatry in the golden calf, and yet was not upon his repentance put from his priesthood. Likewise by Peter, whose revolt and ten●porarie apostasy in denying his master Christ, was no less heinous, than the sin of our idolatrous priests, who for the most part sinned but of ignorance in that general blindness: and to the like end also * c. ut constitueretur 50. dist. ex Aug. ad Bonifacium. this example is elsewhere alleged. Likewise Augustine, afterward a famous Bishop, was by the space of many years a detestable Manichee, as he witnesseth of himself. Also Tharasius the patriarch in the council of Meldis, being the seventh council, propounded thus to the whole council: Doth * c. convenientibus 1. q. 7. ex concilio Meldensi, sive septima synodo. it please you, that those which have returned from heresy, shall retain their former rooms? The holy moonkes answered; As the six general counsels have received those which have returned from heresy, so do we receive them. And the whole council answered; It pleaseth us all. And Basilius the Bishop of Anchyra, Theodorus the Bishop of Mirea, and Theodosius the Bishop, were willed to sit according to their degrees in their seats. And a little before the said Patriarch saith; Behold many books of canons, of synods, and of ancient fathers have been read, and they have taught us to receive those which return from heresy, if there be no other cause in them to the contrary. And the gloss * Gl. 1. ibidem. there gathereth the whole sum of that action thus: They decreed, that they who returned from heresy, were to be restored to their former estate, so that in writing they do renounce the heresy, and make proprofession of the catholic faith. But those are not so to be received, which of purpose procured themselves for the subversion of our faith to be ordained by heretics. Again saith * c. quod pro remedio §. similiter. ibid. the canon: Likewise by dispensation, in the very council of Nice, it was decreed concerning the novatians: that upon their return again to the church, they might be received to orders. There is also * c. quotient ibidem. set down the form of an abjuration for a Bishop, returning from schism. Further Leo * c. maximum ibidem. saith concerning a Donatist: Although Maximus was unlawfully of a mere lay man ordained (suddenly) to be a Bishop, yet if he now be no Donatist, and be free from a schismatical spirit, we do not think good to put him from that bishoply dignity, which but so so he hath attained. Mention * Daibertu● ibidem. also is made of one Daibertus, which having taken order of deaconshop of one Nezelon an heretic, which also had none other ordination but of an heretic, was a fresh made a deacon; not that the order was reiterated, but because he could not be said to receive that at another's hands, which the party himself had not. Augustine * c. ipsa pieta● in fine 23. q. 4. ex August. ad Bonifacium. speaking of the repentant Donatists saith; Let them have a bitter sorrow of their former detestable error, as Peter had upon fear of his lie, and let them come to the true church of Christ, the catholic church their mother: and let them be clerk and Bishops in that church profitably, which before carried hostile minds against it; we do not envy them, but we embrace them, exhort them, and wish it of them, and whom we find in the hedges and high ways we urge to come in. And the Decretal epistle doth no otherwise debar heretics being ecclesiastical men from continuing their function, but * c. ad abolendam. when upon the finding out of their error, they shall refuse presently and willingly, to return to the unity of the catholic faith. And touching such * c. omn. 1. q. 1. c. si qui presbyteri. 1. q. 7. canons as in appearance at the first seem contrary: the * c. nos consuetudinem, dist. 12. gloss very truly reconcileth them together saying; By common right none that returneth from heresy may be ordained; but such are dispensed with, as when they are suffered to be preferred to the lower orders. 1. q. 1. c. si quis haereticae. The dispensation is full when he may be made priest, but no further, 1. q. 7. c. convenientibus. It is more full, when he may be made a Bishop, but not a Primate, as in this place: it is most plentiful, when he may be promoted to all other dignities, 23. q. 4. c. ipsa pietas. Yea besides the continual practice and custom of this realm, even in her majesties injunctions, made the first year of her blessed reign, of Priests then, which had but small learning, and had of long time favoured fond fantasies, rather than God's truth (which must, considering the time then, needs he understood of massing priests) it is affirmed, that Their office and function is of God, and therefore that they are to be reverenced. And the * 13. Elza. cap. 12. statute cléerlie decideth the tolerating of all priests in their functions, ordered neither in the time of king Edward, nor in her majesties reign, so they publicly did testify, before a time there prefixed, their uniformity with this church in matters of religion. By the practice of our church (after God had opened their eyes to see the truth) they were not only tolerated, but some of them advanced by our godly Princess to the highest dignities in it. And God did not only singularly bless their ministery towards others, but vouchsafed the persons of some of them the crown of martyrdom. Even in the reformed churches of France, thought of all other by our men most strict, and worthiest of imitation, such as had been popish priests (as may appear) were tolerated to continue their function, and to retain their benefices being converted to the gospel. come * Pierre Viret in Decalog. ie ne veux, etc. As I will not (saith Viret) at all condemn the toleration used towards such, for christian charity sake, and because they should not be driven to despair: so would I also desire they should understand, that they may not hold those goods with a good conscience, except they labour to the uttermost of their power, according to the estate whereto God hath called them, to the edification of the church, and the relief of the poor, whose goods they enjoy. And to this effect he also speaketh more at large in an epistle written to the faithful. And it is contained in the * La discipline eccles. des esglises reforms duroyaulme de France, art 2 & 3. discipline set down by all the reformed churches of France, that Bishops, priests, and monks, converted to the gospel from Popery, might be assumed to the ministery of the gospel, after the confession of their faults and errors, and good experience had of their conversation and doctrine. The like may be said of other churches abroad, which for their first planting used the ministery of notable men, which before had been Massing priests. Nay, it were a manifest abridging of her majesties prerogative royal, to bind her highness hands by such Canons, if there were any, from advancing men in all other respects fit for the use of the church, being against both her Majesties own practice, and her most excellent brothers the virtuous K. Edward. So that we may conclude, the truth of his Mayor proposition is as good and no better, than his dealing in the allegations for the proof of it was plain and upright. 37. Section. Pag. 74, 75, 76. THose things which I have afore alleged, containing particular decisions of law, contrary to his absurd and uncharitable assertion against penitent sinners; I trust may satisfy our author: seeing for fear of a rule not general, and with more limitations against it, than with it, he is content to let go his former hold. For he saith, though Many things are not to be done of us, which being once done must stand; yet the Massing priests might nevertheless and aught to have been secluded From the ministery at the entry of her majesties reign. So that it seemeth he alloweth of their toleration now to remain in their rooms: though by the way he accuse both her Majesty and the whole state then, Accusation of her Majesty and the state, for want of discretion. as not performing their duties herein, and of unadvised translating of the canon laws unto us. And here again he showeth his great skill in Law and Logic, when he would both have had the canon law then wholly abrogated: and yet by that law, he would have had such as had sometimes been Massing priests, and converted to the gospel, debarred from the ministery. The * c. sollicitudinem Ext. de appellat. & ibi. gl. ver. tanquam adversa remissi●e. law saith, He that allegeth contraries, is not to be heard. Therefore to help up the matter fully on his side, he surmiseth by way of admittance, that They are idolators still, or that they do keep back from the people the word of God: and therefore are to be removed. And it is a marvel, that his skill in law was not such as to have alleged for proof hereof full wisely, Semel malus semper praesumitur malus. But who art thou that thus judgest another man's servant, who either standeth or falleth to his own lord? And who, if either Their insufficiency, negligence, contempt, oridolatrous hearts may be duly found out, wherewith he chargeth them, are not to be tolerated any more Railing against orders of the church. in respect of their conformity to wear cap and surplice, by law prescribed, which (I doubt not) but under their persons be here meant to make absolutely odious: than his clients are to be borne with, who in contempt of law do swing up and down at communion and elsewhere, only in their side cloaks, more like ruffians and drovers, than sage and stayed ministers, in a settled church. And where he goeth about to heal that which belike he feared would be objected, concerning the * 2. Kings. ca 23. ver. 8, 9 priests of the high places, whom josias brought out of all the cities of juda, and suffered them to eat of the unleavened bread among their brethren, he is but afraid herein of his own shadow: for he seethe there are other more pregnant places a great deal Falunfication. to this purpose. But here he hath also falsified the text, in making these Priests of the high places, the Priests of Baal, (whose priests are indeed spoken of in the fist verse) and by calling the Unleavened bread by the name of Tithes and offerings. And here also, by way of recapitulation of that which had been spoken four or five pages before, he flingeth back again, to enforce the removing of a minister for insufficiency or negligence, as well as men in divers other functions are for the like to be removed: which his reason is answered afore. And at the closing up hereof (as Orators do, when at the first and in the end, they set their most forcible persuasions, to leave the deeper impression) he allegeth three laws belike as the very cutthroats of all. A permission was * L. 12. si quis cterialis C. de Epi. & Cleric. given unto Decurions by Theodosius the emperor, upon relinquishment of their goods to become clerk. Which the emperors following thought good to abrogate, by calling back public officers and ministers, which either in regard of the troubles of such functions, of superstition and admiration of that kind of life, or for the enjoying of the immunities of clerk, would leave their former rooms destitute, and procure themselves to be ordained clerk, in some great church amongst other. But I see not what this may prove, saving that princes heretofore have made laws, to bring back ecclesiastical persons from the service of the church, which unduelie and with forsaking of their former vocation they undertook. As for bond men, which by their masters consent first taking upon them to be Moonkes (all which were in those * c. a subdiac●● no 93. dist. days lay men) did relinquish their solitary life afterwards, and therefore were brought back to their old slavery, lest they should reap benefit, and their masters by such collusion be damnified: I cannot see to what end it is brought, but to make up a number, and to range in a rank with the rest. His last allegation here is his own collection, and not the law itself in either of the places quoted, which prove only that infamy, which is Infamia juris, is sufficient cause of removing a man from an office of credit, and say nothing of hindering him to aspire to such a place as is here alleged: although the law be elsewhere as pregnant for the one as for the other. And though this be true, and to be applied also to ministers, yet is it not by force of these laws only, but by virtue of other Canons, especially provided for that end and purpose. 38. Section. Pag. 76, 77. HEre he rangeth still further and further from his issue, which is, that such a learning as enableth a man to preach, and none other is, allowed of by law in a minister: and would now forsooth prove our ministers to be no ministers at all, for that they are not made according to the form and manner which the law prescribeth. That they are not so made, he leaveth as yet unprooved, and taketh it of the reader's liberality as granted unto him, which never meant to ease him of that pains. The reason of the consecution, if they be not in that manner and form made and ordered as is appointed, that then They are no ministers in deed and truth, but only in show and appearance; hereof he thinketh may be established, because the statute saith: Those which be or shall be made deacons or minister's after the form and order prescribed, shall be by authority thereof declared and enacted to be, and shall be priests, ministers and deacons, and rightly made and ordered, etc. And if hereof may be gathered, that therefore none shall be accounted deacons, priests, or ministers, but which be ordered in that precise and exact form: then will it follow that no Deacons and Priests ordered in the times of king Henry, and Queen Marie, are to be so accounted with us for Priests, whereof the contrary afore is showed. Then also none made and ordered by a Bishop consecrated in those times, as the most ministers were at her majesties first entrance, shall be true Deacons or Ministers, though in other points the form of the book be observed wholly, because by that reckoning, the Bishops that ordered them, being also consecrate after another form, were no Bishops, and so those which have been consecrated of them since, no Bishops likewise, being not consecrate by very Bishops: and consequently neither the Priests ordered after the popish manner, nor any of our Deacons and Ministers now are by this man's collection True deacons or ministers, but only in show and appearance. En quo discordia cives perduxit miseros. Nay then are all the ministers of other reformed churches, being not ordered according to this form, to be accounted as no true ministers; but especially some of our own country men (who yet think themselves more lawfully called than any of ours besides, because they were ordered beyond sea after another manner) shall be in the same Predicament with others; seeing our author hath taught us to reason out of this statute, both affirmatively and negatively. But I have somewhat aforeshewed, how far an argument A contrario sensu doth hold, and the common lawyers can tell him, that this statute being in the affirmative only, may well establish those as true ministers which be ordered according to that form, but cannot seclude all others, though they be not so ordered. But his dealing Malice palpable. is worth the marking, whose proof being general against all, not ordered in manner and form as is required, yet he concludeth only against Unlearned ministers, that by law they are no ministers at all; when as the want of observation of that form, will disable by his construction even the best learned, as fully as the unlearned. 39 Section. Pag. 77, 78, 79, 80. THat the not observance of the manner and form in any point (for so must his indefinite speech hereof needs be construed) about ordering of Deacons and Ministers, doth infect the whole action, and maketh it of no validity in law; he here laboureth to infer upon diverse places out of the law Civil, Canon, and Common, which to diverse purposes do seem necessarily to require a set and an exact form for accomplishment of them. In his first allegation to this purpose, I note his want of judgement. For that * L. si is qui §. quaedam ff. ad 〈◊〉. Falcidiam. law compelleth an heir or executor to perfect and finish such works as the testator hath willed to be made, yea though the fourth part of the whole goods otherwise by Lex Falcidia due unto him, be there upon also spent, because it is a legacy that cannot be divided: and therefore it is not sufficient for the heir to lay only so much cost upon it, as that he may retain his fourth part due unto him by law: but he must make up the work perfectly. So that the reason of this decision is not any form required thereto, as he would gather, but only the nature of the legacy, which otherwise were to no use, if it might receive such an apportionment. The * c. caussam Ext. de judicijs. chapter itself out of which Panormitane gathered that which here in the second place is alleged, doth sufficiently show, that even those forms and solemnities, which be of the substance of the act, may be countermanded by custom. For though neither the prior and covent of a cathedral church without the Bishop, nor the Bishop without the chapter, could then sue or be sued, as partly by this canon, and partly by the laws alleged by the * Gl. in ver. assensu ibid. gloss here appeareth: yet we see that the uniform custom of this land, hath since that time otherwise prevailed against these laws and canons. And I cannot conjecture why our author thought good to explain this, being of itself very manifest by an example of evangelical denunciation: except he would have us to gather hereof, even contrary to the practice of all reformed churches, that in no case excommunication is to be inflicted, but upon the proceeding by these degrees mentioned. But than would it be very hard, as it is still by this means, to have any use of excommunication at all, seeing he requireth the private monition given only in ●he hearing of the two parties themselves to be first Proved, which must necessarily be by witnesses. And by the way I cannot see, if this place of the 18. of Matthew be a perfect platform of excommunication, as some do affirm, how excommunication can be otherwise laid upon any man, but when the original did begin upon a private offence, betwixt some particular parties, and where all the circumstances there touched be observed. The * c. 1. §. quia verò de rebus ecclesiae alien. in. 6. canon which (without all quotation) he allegeth to the like end as afore, doth not ground the invalidity of the alienation of those church goods, only upon want of a solemn and diligent discussing of the matter before: but first and principally, because the tithes were allotted unto the Archdeacon of Duresme, from a church being void, and wanting a defender. And again, because there was no evident necessity or profit of that alienation. And by his * Auth. ho● ius, & Auth. praeterea Cod. de sacros. eccl. alleging of two Authentikes inserted into the body of the Code of justinian, by the name of two laws, he argueth either his great haste, or his small skill & practise in law. The two decisions, which likewise he allegeth without any direction of proof, as being according to the common law of this land, I think he will not compare and say that they contain no more exact a form, than is the form prescribed in making of ministers. For than like as he telleth us, the statute speaking of pledges, cannot be satisfied with one pledge alone; so the book mentioning always deacons and priests in the plural number to be ordered, shall by this comparison exclude the Bishop from making but one minister at once, though there be no more places but one in his diocese void at that time. The other places of this section, which he partly quoteth out of Panormitane, and partly as being weary, leaveth without quotation, it were but lost labour to search into, seeing they have their truth, if they have been truly understood: and one answer may serve both to them, and all other of like nature. For if he will intend any to be no ministers in this church, in this respect, that they were not ordered according unto that form, which he imagineth of necessity is so required, that without it the whole action is made void: then must he prove, such necessary form to have been omitted at their making: which else by the instrument and testimonials thereof made, will be otherwise presumed: and also, that it is not only an accidental form or solemnity, but of that substance and weight in that action, that the neglecting thereof shall overturn that which is done, even as though it never had been. As touching the first, where it appeareth a fact to be done (as that a minister hath been ordered, is proved by the authentic seal of the Bishop) that there the law will also intend & presume till the contrary can be showed, all things thereabouts to have been lawfully, orderly, and solemnly done, is by law very evident. Generally a L. 30. sciendum ff. de verb. oblige. is to be understood, that if a man write that he hath become surety for one, all things thereto incident are intended ᵇ to have been solemnly done. Likewise, b L. 5. ff. de proba. Paul did answer for law, that if any man deny an emancipation or infranchising from the father's power, to have been rightly made, there he must undertake to prove it, because the presumption of law is to the contrary. Also In the c Instit. defideiuss. §. finali. bonds and stipulations of sureties, we are to understand, that it is generally to be holden, that whatsoever is set down in writing as done, that is intended accordingly to have been done. And thereupon is gathered again as I have alleged before in the first place, and as may be gathered out of very many other d L. 19 §. sed ●tsi ff. de probat. l. 134. Titia. §. penult. ff. de verb. obligat. Instit. de inutil. stipulat. §. si scriptum. l. 1. C. de contrahenda stipulat. l. 51. merito. ff. prosodo. laws too long to be particularly rehearsed. Moreover, e Arg. l. 6. qui in. §. 1. ff. de acquir. vel ●mit. haered. the very continuance of time, and possession of their places by their ordering, doth breed a presumption in law, that those things which were thereto necessarily required, were therein used. And as to the second point, in case it should be proved that divers points of manner & form, by the book of ordering prescribed, have been in ordering of some omitted, yet the want thereof can no way impeach the truth of their ministery, or lawfulness of their calling: except they were at the least proved to be of the necessary substance and form of that action. And in the mean time, what shall we think of this man, who under this pretence of skirmishing only with unlearned ministers, doth leave (as much as in him lieth) a scruple in the minds of all our ministers, lest peradventure upon occasion of some part of the form and manner prescribed, being by the Bishop omitted, they might hereby by law be adjudged unjust possessors of their places, and consequently, with an evil conscience to have received the revenues of their benefices? But The a L. 1. §. fin. ff. de ventre inspi. & ibid. Bart. & in l. 1. de edicto aedilitio. & in l. divus ff. de restitutione in integrum. not using of any form or solemnity being not of the substance of the matter doth not make void the action. Now, The b Bald. in l. penult. C. de cond. insert. form which is of substance, is nothing else but the very perfect state of any matter or disposition. And If c l. 6. universis C. de precibus imperas. offerend. any solemnity be required in the manner of doing any act, though the same were not used therein, yet the act may be made good and ratified, so the said form were not of substance. Again, The d Bald. in rubr. C. de success. aedi. leaving out of an accidental or small solemnity, maketh not the action wherein it was required to be called back again. And beside the place here quoted, the said Baldus is of the same judgement In l. fin. C. de iure deliberandi: and not only he, but (as I have read) all other doctor's writing, In l. 1. §. 1. C. d. saving only Fulgosius, which in that place, and in the preface of the Code, is of another conceit, and is therefore justly reprehended by jason Cons. 26. vol. 1. In which respect Baldus saith, that A e Bald. & Alex. in l. 1. in fine ff. de liberis & posthumis. & Bald. in Ant. matri C. quando mulier tut. off. slender or light solemnity is not to be constructed as a condition set down by law. So that upon failing thereof, the disposition of law shall not thereby fail and be avoided. And it is then said to be but an accidental and light solemnity, f Bald. & Ang. in l. fin. §. si vero C. de iure delibe. when it bringeth either small or no prejudice at all: or is such as g Bald. in l. hac consultissima. C. de testamentis. was not established upon any urgent reason or utility; or that Which if h Bart. in l. 1. §. plures. ff. de exercitoria, & jason Cons. 26. vol. 1. it be omitted, cannot change and alter the substance of the fact. Nay the law teacheth us, that if ⁱ a certain form be set down by man (as by the prince in ●● Pisanis & ibi johannes Andr. & Abb. Ext. de restitu. spoliatorum Car. in Clem. 1. 30. q. de decimis. Innoc. in c. cum dilect. Ext. de rescriptis. Alex. in l. cum lex. ff. de fideiiuss. a commission) than the action that is done without that solemnity, shall of itself fall to the ground: but it is otherwise, when the form is appointed out by law, for then such an act (without that form) may well enough be available: yet always with this limitation, so that the law or statute commanding or prescribing an act to be done in such or such manner and form, do k Bald. Imola & Alex. in l. 1. ff. de liberis & posth. Bald. in l. non possunt ff. de legibus, & in l. si quis mihi §. coram ff. de acquir. hered. proceed no further: as in express words to annul that which shall be done otherwise: or else do l Alex. in l. 1. ff. de liberis & posthu. & cons. 23. & 3 5. in. 4. part. not prohibit such an act to be done, otherwise than in the said certain manner and form: for if it do prohibit, though mention be not made of annihilating, yet by very force of law, the act being done without such a necessary form as the prohibition importeth, doth become void. 40. Section. Pag. 80, 81, 82. Because our author foresaw what might be truly answered to his thick mist of allegations, for making void of all ordinations of deacons and minister's, wherein any point of the prescribed form or manner was omitted: which may appear by the conclusion of this section, in which he gathereth certain points To be essential and not accidental: he therefore thought good here, for the better winding of all, whom he imagineth unlearned ministers, into the danger of usurpation, to note certain particular solemnities, concerning the examination, time, and presenting of clerk to be ordained: hoping belike, that upon his poor credit we would accept them, without proof to be essential points of this action. Whereupon he promiseth to himself a triumph of his own decreeing, as not doubting but that all or some of these have been omitted, at the ordinations of unlearned ministers. But what spirit shall we say this man to be lead by, which upon his own only uncharitable surmise, of such omissions (even contrary to that which the law presumeth) dare so confidently and publicly call in question, not only the lawfulness of calling, and stay of living, of all unlearned ministers (against whom principally he seemeth to bend his forces) but of all other, even the best and most learned in the land? Seeing it is as likely, that some, or all of these solemnities were omitted and let slip at their ordinations, as at any others. But thanked be God, there is no cause for them to dismay themselves: all this wind is but a painted blast, like that which bloweth at the end of a map, and will shake neither corn nor chaff. The * Gl. in ver. investigent, c. quan. dist. 24. gloss alleged, that He that is not examined before his ordering, is to be deposed, cannot well and simply be understood of the minister ordained. First, because it is not gathered of the text whereon he gloseth, nor upon that * c. nihil est §. Epi. Ext. de elect. & electi. which he bringeth for proof of it. For that text only punisheth the Bishop that ordaineth unworthy men (not mentioning any examination of inferior ministers) which the penalty elsewhere by canons provided, which is, * c. cum in cunctis. §. fin. d. to be bereaved of conferring of orders and benefices. And what reason indeed was there to depose the minister, because the Bishop did not examine him? Again by this interpretation the gloss should be contrary to itself (as in another place to another purpose is showed) where * Gl. unica in c. nullus ordi ne tur dist. 24 is said, Hear you have to mark, that the testimony of the people is equivalent to examination, whereupon it is sufficient that a clerk to be ordained have a good fame of his side. And this also * c. de Petro. dist. 47. c. valde, di. 94. etc. mandata Ext. de praesumptionib. appeareth, because those which are known, are not to be examined, but only strangers. And again the same gloss upon the selfsame chapter * Gl. in c. quando ver. alias dist. 24. speaking of Examination and that otherwise the Bishop without advise of other clerk, and the good testimony of the people may not presume to ordain: saith; Alias, &c: Otherwise, that is to say, if they be not examined by those who are about the Bishop, or tried by the testimony of the people. So that we see, it is so far off from deposing a minister, because at his ordering he was not examined, that it is not necessary always, that he be examined, and the very words of the gloss alleged, are doubtful and indifferent to be applied, as well to the deposition of the Bishop, which doth not cause the clerks to be examined, as of any other; so that if there were law to warrant it, I should think it meant of the Bishop's only deposing. These * Gl. d. in ver. investigent. three (saith that gloss) lawful age, sufficient learning, and honest conversation are especially to be required, and if he be not examined in these three, Deponendus est. Which our author meaning to put out of all doubt, to be meant of the party so ordained, hath either foisted in this whole sentence, If any be made an elder or deacon, without examination, let him be cast out from the clergy; or else I must say, he hath a larger book to serve his turn than ordinary: yea though it were so to be understood, whereof I have proved the contrary, yet it maketh not such Ipso facto to be intrudors, and no ministers at all: but leaveth them to be deposed by sentence of their ordinary, which with no reason can depose them, only because he himself neglected to have them examined. That which he bringeth here out of the canon law, concerning the time of ordinations, if it be alleged, as being in force with us; I answer, that he must first tell us, which of the canons varying amongst themselves hereabouts, we must retain for law amongst us. Some of the oldest appoint a c. quod à patribus, etc. quod die. 75. dist. only the Lords day, other some b c. vlt. ibid. appoint for this purpose the four solemn feasts which we call imberdaies, and the saturday before the passion sunday only; his text c Sane super eo, Ext. de temp. ordinat. mentioneth only the four solemn feasts, and the d c. De eo autem ibidem. next chapter following addeth the saturday next before Caster day, and the saturday before passion sunday. Again, our general custom uniformly observed, which cannot by reason of the multitude so ordained, without e Sane extra. de tempori. ordinat. great offence and confusion be now (as a corruption) with all acts there upon depending, disannulled: doth by law sufficiently establish, all ministers ordained at other times, than the canons do prefix. lastly and chéefclie, the act of parliament, which declareth all such to be rightly made and ordered, that be made according to the book for that purpose provided, doth strongly confute this assertion. For the book saith; The Bishop may upon a sunday or holiday admit, &c: which being a statute neither prohibitive nor annullative, giving liberty to the Bishop to make deacons and ministers on sundays or holiedays, as it doth sufficiently repeal the strictness of the canons herein, so doth it by no construction make void the ordination of such as be ordained on other days. But if he will enforce, that as the time of ordinations with them, was an essential form and solemnity; so the sunday and holiday must be with us: I say the difference betwixt them is great. For the * c. de eo autem. d. canon law saith; It shall not be lawful for any Bishop to ordain at any other time: but the book only saith, The Bishop may upon a sunday or holiday admit. And the canon itself doth not so make the time to be of the substance of that action, that those who are ordained at other times, shall thereby be accounted as not ordained. For where the place by our author alleged, useth the word of Deposing, there the a Gl. in ver. deponerentur c. sane d. gloss expoundeth it Deposed from execution, and to be suspended only. Which agreeth b c. cum quidam. d. to the text afterward, that suspendeth those which be ordained at undue times, till they receive favour for their restitution. Again, the c c. penult. d. canon saith: It is not to be doubted, but such as have taken orders, at other times than are appointed, have received the character (that is, are indeed priests:) and after inflicting upon them due penance for their transgression herein, you may tolerate them to minister, according to the orders that they have taken. Now he cometh to another quiddity, and as he would have us believe a substantial solemnity, which is the presentation of ministers to the Bishop by the Archdeacon, without naming of his deputy, as is done in deacons ordinations. Which point, if it were of substance, might no doubt in many places reach as well unto the prejudice of good and learned ministers, as of unlearned. But what reason were there, that the minister should be punished for the archdeacon's neglect of his duty? Or of whom should he inquire, if he knew him not, whether he were the very archdeacon, or but his deputy? Or why should we think that the deputy may not be as sufficient to present them to the Bishop, as the archdeacon himself? Or why are we to imagine, seeing the book presumeth for the most part, both the order of deacon to some, and of priesthood to other some, to be given in one day, that the archdeacon being present, would depute one to present deacons, and he himself in person present the priests? And what if the cathedral church have no archdeacon established there, or the archdeaconry be void, or he himself bedrid; shall the Bishop (diverse places of ministration being vold in the diocese) stay the ordering of ministers for those void rooms, till there be a new archdeacon? And what if the Bishop do so sufficiently know them, or do examine them himself, that the archdeacon doth not examine them, what need is there then for him to present them? Or why is this more of substance than the Bishops Sitting in a chair, when the oath of supremacy is ministered, which the Book mentioneth; or to order at the least three at a tune: seeing the book saith; The archdeacon shall present unto the Bishop all them that shall receive the order of priesthood that day, which cannot be spoken of fewer than of three? Or if none but the archdeacon might present ministers, without overthrow of the whole action, why did not the book say; The archdeacon himself, and none other shall present. And seeing it is said otherwise, the act in law shall be good enough, as hath been showed before. And the rule of law is; * Reg. qui per alium, & ibi Dynus. That which is done by another, seemeth in the eye of the law to be done by himself. But he saith, the archdeacon's industry is herein especially chosen: and therefore this duty cannot be committed over again to any other. For proof of this consequence, he allegeth two places, one of them thrice, and the other twice over, for fear he should seem to lack law in this point. That, * c. sicui de preb. & digin. in 6. out of the text (which yet gave him light to flourish and brave a little with the Bishop of London, and his Archdeacon, about the Treasureship of Paul's) speaketh not a word of inhibiting a delegate, to substitute another for him: but decideth, that if the prince commit authority to a man to furnish certain benefices with fit men, and die before the trust be accomplished, yet the commission doth not determine: but if it be to place some certain person therein, and before he be placed, the prince dieth; then the commission hereby doth cease. The other canon out of the Decretals maketh directly against him, saving in certain cases there expressed: Because * c. quoniam Ext. de officio delegati. (saith that canon) the apostolic See intendeth to provide for matters, and not for persons to whom they are committed; if the judge either of mere office by us assigned unto him, or by the parties consent agreed upon, do depute another in his steed (considering the princes delegate may by law do so) this deputation shall be of force. The like is to be said of a Bishop, who hath a commission to execute together with the one of his colleagues, for he may substitute another, and then the other two colleagues cannot proceed without him, whom the Bishop did subdelegate. * c. d. §. is antem. when a man is enjoined to execute a matter personally, except the parties do consent. Also * c. d. §. d. ver. praeter quam. when an inquisition or provision for apt prelates or ministers is committed to be done, because in such, the industry and credit of the party is intended, especially to have been regarded. lastly it faileth * c. d. §. caeterum. when not a jurisdiction, but a bare ministery and execution of some matter is recommended. None of which three limitations can any way be applied to the presentation of ministers by the archdeacon only. For if he had been so strictly tied, then should this word Personally, or some equivalent have been used. Neither is the provision for apt ministers, or the blame for default thereof (as our * Pag. 64. & 65. vide gl. in c. ad h●c ver. examinentur Ext. de officio Archidiaconi etc. Episco. Ext. de preb. author himself afore hath proved) incident to the archdeacon, but to the Bishop, and the law chooseth not the industry of him to this effect: but the Bishop in all places chooseth his archdeacon, upon whom this jurisdiction, in right of his office, is thereupon cast. And therefore this is not as a bare ministery committed unto him by any man, but cast upon him by reason of his office, through the disposition of the law; yet not so necessarily or especially as our author urgeth, but that by law the presentation by the archdeacon may be omitted: That * Gl. in c. quando, ver. sacerdotes. dist. 24. is (saith the gloss) when the Bishop ordaineth without any presenting by the archdeacon. And * Gl. in ca ad haec ver. examinentur, Ext. de officio Archid. etc. ut nostrum. d. another gloss saith; That of common right it is the archdeacon's office, to examine and present clerks to be ordained: yet this is not general, if either there be no archdeacon, as in many churches, or if the Bishop think good to * c. quando dist. 24. choose especially other priests for this purpose. And if it were of substance, yet in the answer to the former section it is sufficiently showed, that the leaving of it out, cannot make void the ordination. So that his first conclusion, that these three, The examination, the time for ordering, and the presenting by the archdeacon, and also The calling, whereof he hath before not spoken one word, are points Essential, and causes formal, doth fall flat to the ground; and much more his other conclusion depending thereof: that none being no preachers (whom he therefore called Tongue-tied) are to be accounted ministers, because they are Not made according to the order & form of the statute. Whereby he would beat not unlearned ministers alone; but withal, like one blindfolded with malice, he lasheth out at all ministers, in whose ordination some such slender circumstance hath not been perhaps used. 41. Section. Pag. 83, 84. ID his question here, seeing All solemnities in the making of ministers (as he thinketh) are by the lawmakers appointment essential or substantial, in case some not of the least moment only and which might otherwise well enough have been reputed accidental, be omitted; but other of greater weight which he reckoneth: whether then men so ordained By our statute law be ministers at all or no? I do answer, that except he can both prove all such (whose omission he would enforce to overthrow the whole action) to be essential; and also those other circumstances to concur, which in the end of the next section saving one afore, I have showed to be required to the adnulling of an act for want of form, we must still account them for lawful ministers in the church. For although the Bishop, who omitteth any of those which be of moment, may be punished: yet I for my part cannot account any point of the ordination to be the formal cause of the external calling into the ministery, besides the words, giving the authority to execute that function, and the two necessary solemnities of prayer, and the imposition of hands. I do observe in this section, that he or his printer to gratify him, hath twice changed the form of the letter from Roman unto Italian, as though they were not the authors only words, but some allegation. Also, that among those things which he would necessarily have the Bishop to have regard unto, and not to omit at ordinations, he reckoneth this: that the minister be moved by the Holieghost, and be persuaded of the sufficiency of scripture to salvation, and surmiseth (very uncharitably) these to be wanting in Too too many of our ministers, which no man, but the spirit of the man himself, which is within him, can judge: so soon is he leapt into Gods own throne; and faketh upon him, to set down what lieth hid in a man's own conscience. Likewise is that of his ridiculous, where he blameth the Bishop for ordering him, that is not example to his flock, or will not teach, &c: considering it is not possible for the Bishop to prophesy, how the minister will behave himself in his function afterward. And the book prescribeth not these as qualities to be attended before the ordination: but as solemn vows and promises before God and his congregation: the more strictly to tie the minister unto the fulfilling of his duty. And so is this as foolish and wandering, where he saith, The unlearned ministers, the complaints to the Council, & the Bishops own records, are glasses, where in we may see these omissions of form and manner at ordinations not to be feigned. I do think very few complaints have been made for not observing the form of the book, and fewer circumstances omitted (I am sure) are recorded. Touching his Daior proposition of his syllogism, That the form not observed by him, which had no authority before that book of ordering was by law confirmed, except he mean it, that they had no authority before to make them according to that form, is most apparently false, and to be controlled by infinite laws and canons, which endow them with this authority, as incident unto their dignity, even from the apostles times downward. Now the law is berry evident, that * Gloss. singul. & Caerd. in Clem. 1. in princ. de iure patronatus. & Phil. in c. qua front Ext. de apple. If a form be by law set down to be done by an Ordinary, in that point wherein he had jurisdiction afore, though the form be not observed, yet the act done is of force, and shall stand. Therefore the vanity of all that hath to this purpose hitherto by him been said, is hereby detected. But admitting the conclusion were true, That process not made according to the order and form of the statute were void: how can he infer hereof, that all not being preachers (whom therefore he calleth Dumb and idoll-ministers) are no ministers at all? Dust we think that such, as at their making ministers are able to preach, have this privilege peculiar only to them, that no part of the form can possibly be omitted at their ordination; and that other that be not able, are all so unhappy, that the Bishop possibly cannot at their ordination hit upon it? But what shall we say then, if one able to preach, and another not able, be at one time and in one manner ordained together: shall the one, shall both, or shall neither, for want only of some form, be ministers Indeed, and by law, according to this man's supposition? 42. Section. Pag. 85. THaue showed before what force these reasons of similitude or comparison are of, in all disputation; but especially in matter of law. His * L 10. ff. de decuri. first, That the inserting of a man's name in the register of decurions, will not make him a decurion without a due election, being set by him unquoted, hath not so much as a colour or show to prove any thing else, but that every one is not strait (without the outward calling of the church) to be reputed a minister, though he by some means have gotten letters of orders. The * l. 30. ff. quando dies, lega. cedat. reason of the other law by him alleged, why the jegacie given to an infant the day of her marriage, shall not be due before the be married and have attained twelve years of age, is: because before that time it is but a mock marriage, and may be dissolved at such age, neither is reputed a just and lawful matrimony before that time, according to that, * Institut de nup●●s in initio. justas nuptias inter se contrahunt cives Romani, viri quidem puberes, foeminae autem viripotentes. If he will apply this to his purpose, then must he prove, that an ordination into the ministery of any not able to preach, is by law as no ordination: the contrary where of I * Sect. 30. have afore showed, even out of that statute, which here he allegeth: where it was also said, that the statute hath no one word, to make void admissions to orders, in respect of any default there touched, as may appear to those who will peruse it. 43. Section. Pag. 85, 86, 87, 88, 89. Because our author will make sure work, he is now come to A principal reason by an action of guile and deceit, against the Bishop or the minister (I know not whether) which is so sure an hold, that * Cicero li. 2. de natura deorum. one calleth it, Euerriculum maliciarum omnium, A very drag-net to catch in all ill dealings whatsoever. He reasoneth thus (as I gather it:) No solemn contract or stipulation, in which there is no good faith and plain dealing used, but guile, doth by law bind, but is merely void: But there is a solemn contractor stipulation used betwixt the Bishop and the party to be made a minister, which is unlearned, wherein good faith is wanting, and guile is used: Therefore the said contract or stipulation doth not bind, but is merely void: and consequently such are intrudors, and ought not to have the name or title of ministers. Here I must put the reader in mind again, that the author still taketh as granted, and as by his own right, that which is principally in controversy, that is, every one to be an Idol-minister, and utterly Unlearned, that cannot preach. In the discourse for proof of his Mayor, there is great boast and small roast; diverse unnéedfull examples and places are brought, whereof some twice quoted over (for failing) are used very far off from the purpose: which argueth his skill to be small, where his choice for proof of a truth is so slender. For none of his three first allegations do so much as once mention good faith wanting, or guile used: although truth it is, the faults there spoken of, arising if not of wilfulness, yet at the least of ignorance of the law, which is to excuse no man, neither can be intended and presumed, do employ good faith to be wanting, in such breaches of law. The place quoted, L. venditione C. de usuris cometh in as a mute in a show, to make up a number, seeing no such law is yet framed, that I can find. In his Mayor I do also observe gross ignorance in law showed two ways. First, where he confoundeth Privationem bonae fidei cum dolo, making it necessarily guile, wheresoever good faith is not, by a fallacy a Consequenti: and secondly where he maketh the want of good faith or guile, to work the same effect by law in contracts which be called Bonaefidei, as in those stipulations which be Stricti judicij. Touching the first, though a L. si cum fundum ff. de contra. empt. l. bonae fidei ff. de verb. significat l. res bonaff. de contra●. empt. & l. ubi ff. de rebus dubijs. sometime in law by Good faith be signified whatsoever is free from guile, fraud, and craft, yet b L. bona fides ff. depositi. l. quero. ff. locati. l. ex maleficio. ff. de act. & obligat. l. 1. §. hanc actionem ff. depositi. & l. si manda●ero. §. julianus. ff. mandati. sometime is it also used for that which the Grecians call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the Latins Bonum & aequum, the common lawyer's equity, which is opposite to rigour. Concerning the second: c L. & eleganter. ff. de dolo. l. in causae. ff. de minoribus. that contract which the law calleth Bonaefidei, if guile and deceit did occasion it, is by the very operation of the law no contract, and void altogether. But that which is called Stricti judicij, such as stipulations are, is not by d L. dolo C. de inutil. stipula. law void, but according to the pretoriall law to be avoided by action or exception of guile: which besides the law itself Tully in e Cic. lib. 3. de natura deor. & 1. office divers places witnesseth, that at the first such guile for along time passed without any controllement: f Cic. li. 3. offi. namely, where having said that in contracts Bonaefidei, even without any set law, guile was punished: but (saith he) in other judgements or actions guile was altogether unpunished, till the lawyer Aquilius g L. vl●. §. si & stipulator ff. de eo per quem factum erit. & l. domum ff. de cont●●. ●mpt. had set out certain observations, which the praetors in framing of processes and actions against such guileful persons, should follow. As for his Minor proposition, it is in two respects untrue, and to be denied. First there is no such solemn contract or stipulation concluded betwixt the Bishop and the party to be ordered: for those demands and answers prescribed are not for any such purpose, as to bind the minister unto the Bishop upon any pain to perform that, which he there promiseth: but is a solemn promise before God and his congregation, of a settled and advised purpose, that he hath to perform his duty in the ministery, according to that his public testification and vow. Which plainly may appear, by the purport immediately following, directed unto that end wholly, that it would please GOD to strengthen him in that good purpose whereunto he hath entered. If it were any otherwise, I pray you what action for the prosecution of any private interest, doth lie for the Bishop against such a minister as keepeth not such his promises, whereby the stipulation surmised should be committed or forfeited? Furthermore, the other part of his Minor, which surmiseth guile and deceit to be both on the part and behalf of The minister, as knowing himself void of those gifts which ought to be in him, whereby he cannot believe himself to be truly called or moved by the Holieghost: and also on the part of The Bishop, as knowing the party to be a man altogether unfit for the ministery is likewise to be denied. And if (as he saith) guile and deceit be on both parts, then doth he strive against himself, because then the action shall stand good, Quia dolus dolo compensatur, one guile must be set against another, and neither on the one part, or the other shall the contract be overthrown. But how is it possible for our author, or any man else (besides the parties themselves) so confidently to pronounce of other men's thoughts, & to ransack up their consciences in this sort? Seeing the law saith; We are not to presume that they know any such defect, till it may be by us otherwise plainly proved. For this thought of theirs by him surmised, is a matter not consisting in law, but in fact, Et * Din. in reg. presumitur. praesumitur ignorantia facti, ubinon probatur scientia, A man is then intended to be ignorant of a fact, where it is not proved that he knoweth it. And where ignorance of a fact and not of law is alleged, there Semper praesumitur bonafides, * L. penult. C. de prescrip. longi temporis, & Din. in reg. contra. siabesse non probetur, Always good faith and upright dealing is to be presumed, if the contrary be not proved. And therefore this rash judgement of his before the time, that all they whom he imagineth, and by his own only balance trieth to be unlearned, Are not truly called, nor moved by the Holieghost, as it is uncharitable in terms of christianity, so is it not warrantable by law. Nay if we should admit such a contract and stipulation to be concluded betwixt the Bishop and the minister, and that guile and deceit had therein such a stroke, that by no compensation it could be saved, but that the action were voidable: yet nevertheless, seeing he maketh it A stipulation and sure bond by words, by mere law the action and contract shall stand good, till it be reversed, as he himself His own reason recorded against him. confesseth: till when, both in name and deed, they may in law be truly called ministers. Yea, and further, if that whole contract and stipulation were Ipso iure, even by common right merely void: yet hereof cannot be inferred (as he doth) that such Are intrudors, yea and not so much as in name, ministers. Seeing these demands and answers are but solemnities about that action, yet not the sole and only solemnities thereof: but least of all are they of the substantial form of ordination, which reacheth no further than to the authority of ministration given, when the Bishop having prayed, doth with the ministers present, lay on their hands upon him, that is ordained. And therefore that which as a corollary he buildeth here upon, that seeing this contract fraudulently contrived, cannot bind either of the parties, Much less can it tie the common wealth or church of Christ, doth all under one receive an answer. But that which he saith of wicked promises and oaths against honesty, which bind no man to keep them; doth argue, that he careth not what he say, so he say any thing. Is there any thing (I pray you) in those demands and answers (which he, as it seemeth, meaneth) by An oath against good manners, and by wicked promises, which is not most godly and fit to be used in such an action; yea and is such, as whereof divers times in this book he hath urged a strict observation? Of like skill and discretion is that, which he bringeth out of the impossibility of performance of such conditions by the minister, to prove the contract betwixt the minister and him void: Because no man can be tied to impossibilities. For if those promises there to be made, are such impossible * Dynus in reg. impossibilium. things as the law meaneth: that is either by nature impossible, as to be in two places at once; or in fact, as to go from hence to Rome in a day; or by law, being forbidden, as to sell mine hand unto you for a yéerelie annuity: then hath he by his own construction shut out of doors, not only unlearned, but all other ministers, ordained according to the order of this church of England, from being true ministers. But thanks be to God, his malice and his might in reasoning are not alike, and neither are those interrogatories and answers any contract, nor the chief part of that action, nor yet do contain any such impossibility. But perhaps he meant, that they which were utterly unlearned, could not possible fully perform all which they there promised, & so thinking also that all impossibility was simple and absolute, as never dreaming of an impossibility Ex hypothesi, which (it may be) he never heard of or understood: he did therefore belike imagine, that this reason also might go for good payment amongst the rest. 44. Section. Pag. 89, 90, 91. HIS former reason of guile and deceit, though it have but a leaden point, yet it serveth him to as many uses, as though it were Delphicus gladius. For he thereby first concludeth, The contract betwixt the Bishop and the minister to be void; next, that Such ministers are intrudors; then, that They deferue not the title and name of ministers; and now, That the Bishop by law ought to cite such a minister Ex officio, and to proceed to his deposing. Truly we are greatly beholden unto him, as for his art herein, so in that he will leave this liberty to the Bishop to depose ministers upon just occasion, and that proceeding Ex mero officio against them. But how agreeth this with his popular election of ministers? For I hope if the people with the Bishop have the placing, nay if he must but admit like a Vicechancelour whom they present unto him; then must they have authority also to displace their minister, for * c. 1. & 2. Ext. de Capellis Monachorum c. cum & plantare §. in eccles●s. Ext. de privilegijs. Cuius est instituere, eius est destituere, He that hath authority to place in a benefice, he hath also to displace. And as afore he was content to frame a part of submission for the Bishops, so here (in great kindship for sooth) he draweth in their behalf a process against such a minister, arguing sufficiently his deep insight in law, being such a piece of work, as for which all the advocates in Spire, Paris, Bolonia, and Seville, may wonder on him, and cast their caps at it, for ever making such another infamous libel, rather than legal syllogism. I will truss up this his solemn process as short as I can, in this manner: You person A. B. deceived me when I made you a minister, you made an open lie, you have not kept promise, either by preaching, or exercising discipline in your parish, you sue your neighbours for trifles, and you have not since repented you of these, with diverse others; therefore I have summoned you to depose you. And by the way I will advise you not to think me unconstant, doing nothing herein, but what an emperor in a less matter did before me, and that which is for your own benefit. In his process, set out at large in his book, I observe that he layeth a great number of faults (as I take it) jointly, whereof if any one be not proved, the defendant must be absolved. For otherwise he must tell us, whether every of these which be objected, do severally deserve deposition by law, Inconstancy. which I think no man will affirm. Also that which afore he called A solemn stipulation, betwixt the Bishop and the party ordained, he now termeth a Vow to GOD. Further he deduceth in his process many faults against the minister, as Dishonouring and profaning GOD, quarreling, and such like: so * Spec. de posi●i. §. 5. 1. ver. item ad. generally and uncertanly, that by law they are to be rejected, being not otherwise by the defendant to be answered. And he which afore had accused Both Bishop and minister of guile and collusion between them, doth here seem to clear the Bishop, as being by Guile of the other party circumvented. As for the ministers Not preaching being vnlicenced, and Not exercising of discipline, is but frivolouslie alleged; seeing no laws do warrant them, but such as the author hath framed in his own forge. Here is also laid down contrary to rules of law, and objected against the minister, a negative improbable; as that he Never instructed any of his parish, that salvation was by Christ alone. Moreover, he maketh the Bishop to take upon him to know the very cogitations of the heart, as that Good faith was not meant by the minister, that he did contrary to his own conscience, that his prayer was hypocritical, and that he hath at no time since repent. So that I, for my part, am so far from thinking such proceeding (as is here set down) to be A noble and famous practice of a good and godly Bishop: as that he were rather to be judged a mad, passionate, and a furious man, which would in this sort, contrary to all man's law, divest a man of his living and function; and to be possessed with a Luciferian spirit, which so confidently would, contrary to God's law, condemn another man's inward cogitations, unknown to the angels in heaven, and to all the devils in hell. But I beseech you how doth this solemn sentence of deposition and degradation agree with his purpose in this place, and in some sections afore: where he thought he had proved, that such as he here deposeth for sundry Hypocrisies, public falsifications, sacrileges, mockings of God, and delusions of laws, were not so much as in name any ministers at all? So that this so solemn proceeding here, doth nothing else but kill him out right, by cutting off his head, that was dead two days before. This part of a Bishop's duty, which he so extolleth, he further doth enforce by way of two comparisons to be incident unto him to see it put in practice. For the first, when he or any other hath proved, every minister which is not qualified sufficiently to preach, of necessity to be an Hypocrite, a falsifier of his word, an impious and sacrilegious person, an open mocker and deluder both of the law of God, and of her majesties laws; then will that Bishop he meaneth, be as ready to depose such a one; as he was dutiful to see the obstinate contempt and breach of her majesties laws punished by imprisonment in him, whom this man calleth Honest, poor, faithful watchman of the Lord, and painful teacher: who nevertheless perhaps was as far from desert of any of these commendations, as the most of them, at whom he so viperouslie hisseth; and as worthy for any stuff or learning, to be sent again to the plough handle, or weavers loom, as any of those, whom he with such gall and bitterness doth prosecute. But is it credible that this man both here and elsewhere, would inveigh against the Impugners or deluders of her majesties laws, and call for their deposing, that is not content only to traduce his superiors, for executing their duty in points incident to their charge: but also odiously and maliciously, thus to tawnt and to hale into hatred, reverend Fathers, even for the execution of her majesties laws, which are with a most strict charge by the whole realm in parliament, to them earnestly recommended? Yea not only to condemn them in this respect, but to commend others for Honest men, painful teachers, &c: which purposely oppose themselves against laws established: approaching herein to a kind of papality, whereby they would judge all other men, but none must judge them: Quia quod nos volumus, sanctum est. Nay in his second comparison, he plainly and in flat terms justifieth such impugners of law, as men only Making conscience Impugners of law maintained. not to offend God in any small thing, and debaseth those, that punish them for such breaches of law, when he saith, They are whipped and excommunicated for their conscience sake: and by way of a most spiteful and Cynical antithesis would dub all to be Foolitanes, and to make no conscience to offend God in all things, who have not aspired to that sublimity of perfection, as to stumble at a straw, and leap over a block; to strain at a gnat, and swallow up a camel. So that we see he alloweth their doings as proceeding of a good Conscience, and of fear To offend God in any small thing: he indirectly accuseth Seditious doctrine. her majesties laws with the whole realms to be such in some parts, as not only we need not to obey for conscience sake; but for retaining of a good Conscience, and fear of offending God, we ought not to observe; and also chargeth those (who indeed for conscience sake, obeying the magistrate in these mere indifferent things, lest by their contempt they do also hereby offend God) to make no conscience to offend God in all things: and yet this man forsooth may not be accounted A lawless and rebellious Puritan, that thus breaketh through the lines, and cracketh the joints of all our obedience to magistrates: whose power to command consisteth in nothing, if not in the use of mere indifferent matters. 45. Section. Pag. 91, 92. HEre, by a preoccupation, meaning to leave all sure behind him, he maketh in the person of An old canonist, an objection against deposing a man once ordained, in respect of unworthiness: seeing the Bishop's sentence and judgement whereby he once approved him, being not appealed from within ten days (as the text, which he quoteth, distinguisheth) doth pass into terms of a matter decided and adjudged, and becometh an overruled case. He saith to this, that he will Answer law with law, but telleth us not where we may find his law. In which answer he greatly bewrayeth his own oversight: for if the law where with he confronteth the objection, be directly contrary to it, then hath he not resolved the doubt, but made it stronger, seeing the law admitteth no Antinomies: and it is against rules of reasoning, to answer one doubtful matter or objection by another. If it be but diverse, then should he prove, that his second laws decision is to be referred unto, and to distinguish the former, which he cannot in this answer. For where he should show (the Bishop's definitive sentence, for the fitness of the minister, notwithstanding) that yet he may be looked into, and tried, not to have been so fit at that time, as he ought, and there upon be deposed; which should be as an exception to the former law: In steed hereof he telleth us, that For some cause afterward arising, inquisition may be made, whereby one being once allowed, may again be allowed and dissallowed. By the first part of which answer we may gather, that he answereth not Adidem; for he should show, not that for a new matter, inquisition may be had of him; but upon his former sufficiency or insufficiency, though more than ten days be passed after his ordering. But as it is no doubt, but for some faults found in the minister after his ordering, he may by law be even degraded: so it is as notorious, if he were sufficient at his ordering, and by old age or the visitation of God, do fall afterward to great imperfections and disabilities in wit, memory, and understanding; he may not against his will be removed, but is to have a coadjutor assigned unto him, at his costs and charges. Which thing, even the reformed churches of France, in their discipline and policy do retain, where they have thus decreed, * La discipline de France. art. 31. Mais ceulx ne seront, &c: But such shall not be deposed, which through age, infirmity, or other like impediment shall become unfit to execute their functions. In which case their former estate shall be reserved, and they shall be recommended to their own churches to be maintained, and another shallbe provided which shall execute their charge. The second part of his answer containeth one of our author's riddles. For what end (I beseech you) should a man Once allowed, be allowed again, and yet disallowed? Well, the truth is, that he was deceived, when he translated Probatus, tried, as though it had been Approbatus, allowed. For * c. cum secundum ampl. ver. liceat. Extra. de pro. & dign. Salsification detected. the gloss, which detecteth his crafty packing in his answer, for which end also he was unwilling to quote it at all, is in this passage thus: If the superior should write to the ordeinour, he might not object any thing, except that were expressly set down in the letters, because he ought to hold them fit for a benefice, whom he esteemed fit for orders. c. accepimus, Ext. de aetat. & qual. But the successor may object: And so he that was once Approbatus, iterum probatur & reprobatur: allowed, is again tried and disallowed, as the physician is, Lut gradatim §. reprobari. ff. de muneribus & honoribus, etc. And a little after saith the gloss, But all this is but of favour, because we ought not to inquire often of one man's fact. L. licèt in fine ff. nautae, caupones. But are we not to presume for the sufficiency of him that is ordained? An argument that we are, is in C. post cessionem Ext. de probat. Except the contrary be proved. But why should we take knowledge afterward of the ministers fitness, seeing the sentence of the Bishop, wherein he pronounced him fit, is already passed into the force of a matter adjudged and overruled, being not appealed from c. cùm dilecti. Ext. de elect. We must answer, either that all this reexamining is but of special favour, or else that this inquiry is only made, upon some new cause afterward arising. c. 1. Ext. de aetat, etc. Where we see both the objection he bringeth, and his answer in part touched, but not rested upon. For the gloss here plainly decideth, that a ministers former fitness is not after his ordaining, no not by the successor of the Bishop that made him, to be scanned upon, but either upon some occasion afterwards newly happening, or by special grace or direction to the Bishop from the superior. We see also hereby, his wrong translation, his leaving out of some part, and foisting in of other some, and his wilful falsification of the gloss to serve his turn and humour. And to this decision of the gloss, that a Bishop may not divest one of his living in regard of insufficiency, that is once allowed, agreeth Bartol. as he is alleged by * Panor. in c. vlt. infine Ext. de aetat. & qualit. facit ad hoc c. accepimus Ext. d. Panormitane. If (saith Panormitane) it be afterward spied out, that the minister is very ignorant, may the Bishop take away his prebend? Bartolus saith he may not, Modò sciat officium, so that he can say mass: and allegeth to this end, c. quando. c. qui ipsis, etc. sequens 38. distinct. And therefore to conclude, as the author doth, but yet to another end: it behoveth all that be in authority, in many respects to see her majesties laws strictly executed against such yokelesse and fanatical spirits as this, who under colour and pretence of laws in force, which he cannot prove, otherwise than you have heard: doth enforce most dangerous innovations in this church, and most dishonourable to her majesties renowned government hitherto, as well for matters as persons ecclesiastical: who debaseth with might and main, and whetteth men's tongues at the least, against all that execute or conform themselves to her majesties godly proceedings, in church government and external policy: who magnifieth and extolleth the contrary faction, and who not obscurely, Slily or covertly, but even plainly (notwithstanding his apology now ensuing) bereaveth us as much as his poor spite will serve him, almost wholly of a lawful ministery in England. And I pray God, that by better weights than these which he bringeth, and by a more exact touch, both the sufficiency of our ministers may be tried, and also for the better encouragement of more able men for that function hereafter, the livings allotted to the ecclesiastical state, may rather be increased, than by corruption and sinister devices gelded and shredded, by foxes and wild bores out of the wood that destroy the vineyard, and by Nimrods' and mighty hunters of God's people. For it hath been, and always will be true, Honos alit arts. And where rewards of learning do in number or quantity decay, there learning itself will not with like alacrity to any ripeness be pursued. The want of which rewards of learning in that respect, with lamentable experience, and too late repentance, some countries already do taste, and are like more and more to feel hereafter. 46. Section. Pag. 92, 93, 94, 95. NDw, as though some other better stayed man, pitying the former follies and undutiful lavish speeches of our author, and seeking to qualify them in part, as not so hardly meant as the words do import, had stepped here into plaic, and taken the matter in hand; are we come to a more calm and temperate apology: not so much of any good love, as for fear it Might otherwise be unto him dangerous, as well as it is offensive to others. Whereby for the wounding of many weak consciences, ready to take offence upon lighter occasions than these, for the calling of the whole state ecclesiastical into hazard of their ministery and livings, we shall have of him only a plaster of a few glozing words, to make amends for all. Nothing else but protesting in effect, that he is not so far gone in these conceits, as some of the same hair are; who do run so far, that except they quickly stay, they may perhaps with good desert run themselves of a sudden out of breath. I will therefore briefly examine how he avoideth that, which hath been so necessarily gathered of his former speeches; which is, that according to his construction, it may happen even the best men we have, to be destitute of any lawful calling into the ministery. But in this section before he come so far, he maketh a kind of confession, whereby he seemeth fit to be taken at his word, as being presently in a reasonable good mind. First, He confesseth we have a true church in England, whereby it appeareth he taketh such for no Honest poor men, nor the Lords watchmen, which say we have scarce the face of a true church in England. Next, he acknowledgeth Her majesties lawful and sole sovereign government, over all causes and persons: whereupon may be gathered, he was not well advised afore, in seeking The author's inconstancy. to establish popular elections of ministers, where upon of consequence would follow, as also no less is included in the generality of his proofs, that Bishops and Deans nominations shall be attributed also (from her Daiestie) unto the people; nor yet when he made the contempt of obeying her Daiesties' laws concerning indifferent rites and ceremonies, a commendable thing in them, as proceeding Of conscience and of fear to offend GOD in any small thing. For in what causes ecclesiastical, can her highness lawful government be exercised and bestowed, if with a good conscience, and without offence of God, she may be disobeyed in matters merely indifferent? He goeth on, and confesseth, That her Majesty ought to put in execution, according to the prescript rule of God's word, the doctrines delivered by the ministers, for abolishing of all and all manner superstitions and abuses, retained in the church, and for the establishing of a perfect government of it. Whereby we may see, how hard it is for a cat of mountain to change his spots, or a Morian his tanned hue, or for him to play a little upon his old bias. For doth he not here in a manner plainly condemn her Haiestie, Factious speeches. not to have done as the Aught, nor according to the prescript rule of God's word? Doth he not insinuate the perfect government of the church, not to be yet established? And doth he not expressly say; that Superstitions and abuses are retained in the church? D wicked and ungrateful wretches to the Daiestie of God, and to his lieutenant the Duéenes' Highness! which in regard of so many and so manifold blessings by her ministery bestowed, do recompense and requite them with repining, and with slander in this manner. Non sic fecit Deus omni nationi, who make us all thankful for them. The other three members of his speech and confession in this place, touching the ministers duty towards magistrate and people, of the people's obedience to the magistrates and ministers, and of the concurrence of the ministers instruction with the magistrates authority in the government of the church, though no more than of the rest I can see how they are incident to this treatise; yet I do not perceive any cause why they should be rejected. Nevertheless, if the minister as doubting of the lawfulness of his own external calling; and the magistrate and people as surmising him to have run before he was sent, should believe our author in his former nice points about ordinations: I cannot conjecture, that either the minister with any courageous spirit can discharge this duty, or that the magistrate and people can or will regard that which he speaketh, as they ought to do, from the mouth of him that is God's true ambassador unto them: or yield unto their maintenance their tithes and other duties truly and faithfully as they ought. The examples which he here bringeth, though some of them sound suspiciously, considering from whom they proceed, are mere apologetical, tending to prove, that the ministers and people may not of their own head, without the prince's authority, seek to execute any reformation, and thereby to purge our author from the suspicion of the traitorous heresy of certain late pestilent Sectaries. But his repining and mutinous doubting with his Ifs and Ands, which he casteth in the neck of his former apology, whereby, like Scyria capra, he overturneth the milk with his heel, that afore he yéelved; doth be wraie his discontented mind, and slender estimation he carrieth of the godly reformation established by her Majesty. For what else do these voices yield, [If her majesties eyes be not Seditious speeches and undutiful. yet opened, if some blemishes and blots remain in her government, if councillors be hired to trouble the building all the days of Cyrus, if the walls must be re-edified by Eliashib, if the church must tarry God's leisure, if any other glorious purpose be to work in our days by her. highness:] but to fill unstable heads of the people, to whom this book was especially addressed, with buzzing of dislike to things present, and hope of alterations, and new fangled innovations hereafter? Which conceits cannot tend any ways to her Daiesties' honour, nor work to the security and quiet of the realm. And those which have so quezie and squeamish stomaches at the state present, joined with such an esseminate longing, and Absurd appetite of restless and endless alternations in church matters: I pray God they have not cause, with the first, never to have wished change, nor that they ever see the time wherein they would with all their hearts desire, with favour and liberty of conscience, to enjoy that form of liturgy, ecclesiastical policy, and church government, which by the mercies of God, and her Daiesties' ministery, are now planted in this church, if they might hope to attain it! Bonum non fruendo, sed carendo redditur charius. 47. Section. Pag. 95, 96, 97. THus having showed some part of his former Apology and protestation to be very doubtfully delivered, and both that and other his speeches afore to be very Offensive unto many, and therefore that (which his guilty conscience telleth him) Might have been dangerous to his person, is not yet overblown or avoided: we are now come to his purgation of that which might and hath been objected, that he Insinuateth indeed no lawful ministery to be in England. But he confesseth now, That every one meet and apt to teach, that every one qualified as is requisite, that every one moved inwardly by the Holieghost, and outwardly called and appointed by the Bishop, having authority by the order of this church of England, is indeed, and by law a minister. If these be spoken distributivelie, as the word Every, and the Intersections by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 do import; then hath he established some a minister without Outward calling, so he be otherwise qualified as is requisite; then may a man be qualified as is requisite thereto, being not apt to teach, nor inwardly moved unto it by the Holieghost, or outwardly called & appointed by the Bishop. And what if he (after this man's construction) have not Authority by th' order of this church of England; as not having been consecrated by such a B. as was consecrated according to th' order of the book established? Which our author maketh so necessary, as that he reasoneth afore out of the words of the statute negatively; to wit, none to be a Bishop, priest or deacon, but such as Pag. 77. were consecrated and ordered according to the form and manner of that book; but admitting them to be taken jointly, yet his reasons to prove such to be Ministers indeed and by law, are so childish beggings of that which may be controversed, that (I assure you) a man might justly doubt, that he did but dally and Praevaricari herein. First (he saith) they are so, because They are indeed and truth messengers A childish fallacy. sent by God. secondly, because they Are ministers by the law of this land. Truly, this man that was so strict afore, is soon won, which is overcome with these doughty reasons, which no man, but he may with as great probability deny, as he may do the conclusion to be proved, being the very selfsame with the premises, consisting in these two reasons. Touching the matter itself, law teacheth us, that A protestation with a contrary act worketh nothing. Therefore how can this protestation relieve our author any Pag. 77. thing, who hath afore plainly refused all for ministers, in whose ordinations the manner and form of the book is not exactly observed? And which maketh All solemnities therein Pag. 83. even of the least moment to be substantial and not accidental, by the lawmakers appointment? Therefore out of his own words and reasons to prove this his protestation vain and elusorie, I reason thus. 1 Wheresoever the first branch of the statute, for the Pag. 77. observing of a form and order in the ordinations of ministers, is broken, there the second branch authorising them to be in very deed ministers can take no place: But some Pag. 92. of the points required, have been, and are perhaps daily omitted in making even the best men that are in the ministery at this day, and so the form and order of the book not observed: Therefore the best men that are in the ministery at this day, perhaps are not in very deed ministers. 2 Wheresoever the form of an act is not specially, Pag. 78, 80. & deinceps. and at an inch, and not by any thing equivalent observed, there the act by mere law is no act at all: But some points Pag. 92. of the form required are perhaps daily unobserved in making the best men ministers, that are in the ministery at this day: Therefore, etc. 3 Wheresoever a certain form and order of proceeding Pag. 84. is appointed, to those that had no authority before such commission; there if the form be not observed, the process by law is merely void: But the Bishops before Pag. 84, 92. the statute, having no authority to make deacons or ministers, do omit the form perhaps daily in making the best men ministers: Therefore their proceeding herein is by law merely void: and so the best men we have in the ministery, perhaps not in very deed ministers: and therefore (as our author often collecteth) are Intrudors. But he, which to the intent he might have some show to serve his humour, and to wrap in either one way or other those whom he foreiudgeth to be unlearned, to the danger of usurpation and intrusion, did tell us in great earnest, Pag. 83. that all the solemnities about ordaining of ministers, how Small of moment soever they seemed to be by the lawmakers appointment, were substantial, and not accidental: doth now in another tune say, that Learned, qualified, and inwardly called; and unlearned, unqualified, and not inwardly moved, doth differ as much as light and darkness: meaning and insinuating hereby (as I do gather) that whatsoever he hath aforesaid concerning Form, solemnities, commission, statute, or good faith, they were not so much to the matter, or greatly to be stood upon: but that these are Differentiae specificae & constitutivae, of a minister indeed, which maketh him so to be, and thereby only doth also differ from such as be not. Quo teneam vultum mutantem Protea nodo? And if so be these three be the only necessary points, concurring to the making of a minister indeed, and distinguishing a true minister from an usurped, then may we have a minister in this church, without the external calling by the Bishop, which is not here spoken of. If by Learned, he mean only such as are apt to teach, and by teaching mean only preaching; why did he not add also that which S. Paul joineth with aptness to teach, to be able also to confute errors and heresies? But the book requireth as of necessity no other learning, but that he be Sufficiently instructed in holy scriptures: which that it reacheth not always so high, as that he must be able to be a preacher, is showed in divers places afore. The qualities Preface to the book. which the book speaketh of, are only that He be by sufficient testimony commended, or else known to the Bishop to be of virtuous conversation and without crime; and also that he be found learned in the Latin tongue. But that he be inwardly moved by the Holieghost, to the work of the ministery: is a thing left to his own conscience, and not to be discussed by the Bishop, or any man else; but in charity, which hopeth all things, to be intended and presumed. And seeing it is possible for a man very unfit at the beginning, by study, practice, & the blessing of God, to become sufficient: and for him that is now well and honestly disposed, afterwards to relapse into looseness of life; and for him also that is skilled in the Latin tongue, & sufficiently instructed in holy scripture; either by disuse, or by the visitation or judgement of God, to become very ignorant and sottish in both: therefore I do not see (if we know not the contrary) but both by the rules of charity and law, we are bound to think, that yet at the ordination of such a one, he was so qualified in all these points as was requisite. That a Bart. in l. cum quid. ff. si certum petatur. which is agreeable to the nature of any contract, is presumed to have been performed. Again, A b c. in praesentia de renuntiat. c. cum inter. de re iudicata. c. bone. de elect. gl in c. quoniam Ext. de probat. judge is presumed to have rightly executed that, which is incident to his office. Further, That c L. quoti●s ff. de rebus dubijs. c. Abbate sane. Ext. de verb sign. which confirmeth, and not that which adnulleth any act, is intended to have been done. And lastly; Every d L. ab ea part ff. de probat spec. de proba. §. 1. verb sequitur videre. one is presumed fit and capable, till the contrary be proved. But our author clean contrary to this, even 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, will presume all requisites to have been observed by that which appeareth in his conversation and learning afterwards. So that by this reckoning, a man never so orderly at the first called both inwardly and outwardly, upon defects afterwards arising in him, shall be shut out for an intrudor, usurper, or one which by wrong suggestion, and fraudulent means, hath attained the ministery; & he that hath indeed intruded, and without all outward calling thrust himself into the Lord's harvest, so that he have some commendable gifts of learning, and demean, and bear himself without public stain or blot, shall be intended and presumed to have been inwardly moved by the Holieghost, and be in very deed a true and lawful minister. Yea so strongly (if we may believe him) shall this be intended, that it shall be accounted Praesumptio juris & de iure. So that we are come to that issue which afore I touched, that the Bishop, when he hath an unlearned minister under hand, such as this man surmiseth all to be which are not able to be preachers, cannot though he would, observe the solemnities, form and order of the book of ordinations. But when a learned man is under his hand to be ordained, than he cannot but stumble (whether he will or no) of all such matters of form as are appointed. And that Sect. 45. this is such a presumption, he bringeth for proof a gloss, which if he had meant plainly, he would have quoted in a more fit place than this; but he was then loath his crafty conveyance should be espied. Which gloss, as may there be perceived, saith not so much as colourably any thing tending to this purpose, but the quite contrary. But (saith it) shall we presume for the party's sufficiency that is ordained? C. post cessionem Ext. de probationibus, is an argument, that we must so presume except the contrary be proved. And again, that we must thus strongly presume and intend, he exemplifieth (for I may not say proveth) by rescripts Autenticallie sealed, yet procured by untrue and colourable suggestion: and by a definitive sentence, wherein is a Nullity. For the first proof whereof, that the rescript was obtained (Bona fide) and that the sentence was a just judgement, we must (he saith) presume, till the contrary of the one be proved; and for the Injury and iniquity of it, the other be reversed. Where, by the way, ye may see this man's great skill, which presumeth for the validity of a sentence, in which is a nullity, prefixeth the ordinary course of appeal for reversing of it, & confoundeth it with a reversible sentence, in respect of th' injustice & iniquity of it. a Inst. de perpet. & temp. in princ. l. omnes. l. sicuti. C. de prescript. 30. vel. gl. in l. querelam. C. de fals. Whereas a nullity may be proposed against a sentence at any time within thirty years at the least. And b Bald. in l. 1. C. de rebus alien. & l. 2. C. fi ex fals. instrum. if it be in regard of want of jurisdiction or commission, in c C. vigilanti etc. fin. Ext. de praes. causes wherein by law no prescription runneth, or be d L. pure in fine ff. de dol. except. l. si pactus C. de exceptionib. proposed by way of exception, the action of nullity never ceaseth, but at any time may be opposed. So that (to return to the principal purpose) that the event ensuing must teach, who were with all due circumstances ordained ministers, and who failed therein, and that such judgement is grounded on a presumption of law and by law, we may perceive is utterly left unproved. Nay, if he had understood what he writ, he would either never have so rashly and untruely affirmed, that course of judging to be Praesumptio juris & de iure, or else would have spared his examples, which make directly against him in this behalf. e L. si tutor. cum gl. & ibi. Bald. C. de peric. tut. & Bald. in l. ita demum C. de procurat. For a presumption of law, is a most clear kind of proof, and is so full, that it f L. 3. C. de apochis publ. li. 10. Bald. in l. 1. C. de fidei come. doth of itself sufficiently prove, and is most pithy evidence. Yea the g Auth. sed iam necesse. C. de donat. ant nupt. Alex. in l. non est verisimile. ff. quod metus causa. presumption of law and by law, as some do term it, will not admit any proofs to the contrary, otherwise than by the confession of the party himself: and is equivalent with any such h Bart. in cons. à Dom. Cyno. matter, as by the disposition of any statute law, may not be refelled. So that our author matching this presumption with presumption for rescripts and sentences, which by contrary proofs are indeed overthrown, doth give sentence against himself, that concerning ministers sufficiency by the event ensuing, there is no such presumption as he doth vainly jangle on. And therefore he is more strictly, than an éele is with a fig leaf, holden up to his former assertions, which do plainly impugn almost all the ministers in England, partly for want of weight, and partly for fashion, notwithstanding his frivolous elusorie apology, and his absurd protestation, implieng a contradiction in itself. 48. Section. Pag. 97, 98, 99 IN this section is handled that, which might be objected, that is to say, whether the sacraments administered, and other parts of execution of the offices incident to that function, shall be accounted rightly and duly done by such as our author maketh no ministers at all? To which in effect he answereth, that the actions and public execution of their functions by them done hereafter, shall be of none effect: but both because till this time No controversy hath been moved touching the validity of their calling, state, and condition and also for common utility, and a general errors sake, the things done heretofore by them, are rightly and duly done. But since controversy now is moved, if the acts Doctrine dangerous to the whole state. done by such ministers after this time shall not be available and of force, what confusion and danger this doctrine might bring into this commonwealth about the marriages and baptizings of infinite numbers by such ministers; whereupon, by the laws of this land the inheritances, dowers, and tenancies by courtesy do greatly depend: I leave to be weighed by deep states men, and wise counsellors. Nay, if it be sufficient for every libeler to bring such matters of consequence into hazard, by waking us (as he pretendeth) out of a general error, whereof ●e only dreameth: why may we not as well say, that all which have been married or baptised these many years past, shall be brought within the like compass of danger; seeing both the traitorous papist, and the dangerous Innovator hath trodden the same steps, and skirmished as hoatlie as this man doth a long time, against the lawfulness of our Bishops, priests, and ministers, and with their calling into that function? But (thanked be God) all their complots, though they be like to Samsons fores distinguished by heads, but linked together by the tails, and tend all to a perilous trouble and combustion in this state; yet there is small weight in any of their words, and all their forces are but waste wind, and papershot. The first reason he useth for proof, that The administration of sacraments and execution of their offices hitherto, is rightly done by such as he judgeth to be no ministers; is taken from the uncertainty of their lawfulness, and quoted very strangely Cod. de test. li. 1. which would require a longer time to seek it out, where it cannot be found, than I may afford him. Yet I think he meant L. 1. C. de testamentis, which decideth in another cause something to the like purpose; that It is not to be discussed, whether the witnesses were bond or free, which in opinion of all men were holden as freemen at that time, when the testament was consigned, and such as against whom, none to that day had moved any controversy of their condition. So that the reason of the decision of this law is not the uncertainty of their state, which could not be called uncertain, being not so much as doubted of; but the general error, which is his second reason in this behalf. And where ●e saith (I know not upon what warrant) Contrariety. That the thing which is uncertain, is as though it were not at all, he overthroweth his own purpose in this place: for if such minister's State before controversy thereof moved, were uncertain, then are they hereby even at that time, to be reputed as no ministers at all. In the first place brought for proof that a general error maketh law, and that therefore the general error conceived hitherto of such ministers lawfulness, shall uphold all public functions of the ministery by them till this time performed: no direct mention of any common error is made, but that the award of a compromittée shall stand, which is given by a bondman in truth, yet being in possession of his freedom. His second place is false quoted. Ad Maced. in stead of De S. C. Macedoniano. In his third place, both in his original and in his translation, by following the corruption of the old text yielding no perfect sense, and contrary to the credit of the Florentine or Pisane Pandects he taketh Propter Mistaking. usum imperatorum, because of the use of emperors, in stead of Propter usum imperitorum, by reason it is so used by rude and ignorant. His fourth place * L. 1. C. de lestamentis. to this purpose, which is the place he quoted wrong afore: in this section, is here left quotelesse. Out of which places, together with the law Barbarius Philip. he concludes, that in those several cases, so in the matters done by these only pretended ministers, the common error shall make them available, and to be reputed Rightly and duly done: where upon I do further ask; as Barbarius Philip. though a bondunave indeed, being duly chosen praetor in Rome, was reputed a lust possessor of his office, though he himself knew, that he was of servile condition, and * L. quod attinet ff. de reg. luris. therefore not capable: Pag. 94 whether an unskilful minister for mallie ordained, though as our author heareth him in hand, he himself full well do know that he was unworthy, and therefore came in by guile and deceit, may not in like sort be cleared from intrusion; and be adjudged a just possessioner by the said common error? And if he may so, why may he not continue still his said possession, seeing he is no more In mala fide, than he was in at the first, by our author's supposal? But he is afraid of another doubt, least as the said Barbarius, being once chosen praetor, though the people who elected him knew not so much, and therefore could not have any such intention, was by the very operation of law thereby enfranchised: so our ministers, though indeed uncapable, yet by the ordination of the Bishop being a public person, & trusted by the whole realm, in this action, should be likewise reputed in the eye of the law, thereby enabled against any incapacity. This knot he wrestleth with, to untie thus: that as the award of an Umpire reputed generally a freeman, shall therefore be in force, though he remain a bondman (as afore) to his former master: and as the son being once commonly reputed otherwise, but afterward indeed detected to be under his father's power and tuition, cannot become a debtor unto me upon borrowing of money (which our author contrary to law extendeth generally to any contract:) and as bondmen upon common reputation Ignorance in law. for fréemen, having profitably been used for witnesses, being known as they are, may be rejected from bearing witness: even so, though Barbarius were Childish babbling. made free by the people, yet the master was by law to have the price of his servant at their hands. Which being thus anatomised, we may well perceive, are so far from all consecution, that they have not so much as any similitude together. But what if the people must pay the price of the servant, may he not be free as the law appointesh? And may not (any thing here notwithstanding) the minister duly ordained for outward form, retain in like manner his ministery, as Barbarius did his freedom? But I cannot conjecture either why he saith that Common error cannot take a way private interest, which no man affirmeth: or how he can conclude, with any colour upon these unlikely comparisons, That much less can common error of a few, bar the whole church from a public benefit due unto them. And I pray you, if this be the error but Contrariety. Of a few in authority, how can it be common, and thereby uphold the functions of the ministery executed by no ministers? Pag. 89 Nay how can it be the error of the Bishops (whom he meaneth) when as he chargeth them to be In mala fide, and to Know at the time of ordination that such cannot be qualified accordingly as is required for the ministery? But to cut off all at once, and to show plainly, that if such as be no preachers, or any other, be indeed and truth no ministers at all, as our author hath laboured to prove, then Common error, though in some cases it be a L. 1. & ibi. DD. C. de testamentis, & l. 2. C. de sentent. ex pericrecitandis, & in l. Barbarius ff. de officio Praetoris. holden for truth, and do b 3. q. 7. §. tri. ver. verum. make law, yet in this point it shall not make good those pretended functions of the ministery, which erroniouslie such men have executed and performed. It is to be understood, that among many exceptions and limitations of that rule, this is one: First if the party, upon whom the common error runneth, be not c Bart. in. l. actuariorum C. de nummularijs. li. 12. & in. l. de qui. ff. de legibus & Bald. in l. 2. C. de manumiss. vind. solemnly and duly elected to his place, then doth it make no law, nor make the acts of force that is done by him. But our author himself saith, that all our ministers ought to be elected by the people, which yet is not performed, that in the ordinations of the best men we have, some solemnities are daily omitted, and that it is so sure, that solemnities and other matters of form are omitted at the ordinations of unlearned ministers, that it is Praesumptio juris & de iure, that they were not rightly and formally ordained. Also this rule faileth, * L. 2. C. de sentent. & interlo. 3. q. 7. §. tria ver. verum. c. ad probandum, Ext. de re iudicata. Abb. in c. sciscitatus de resc. when at the very beginning, the impediment was apparent. Now, if we may believe our author, the impediments hindering these unlearned men to be ministers, are so evident, that every man being present may see the Bishops Proceed herein to be contrary to law, and being absent may have By experience such certain knowledge of his misdemeanours and ignorance, that by the most full and plain proof that may be, not admitting any proof to the contrary, even By presumption of law, and by law, it may be intended he was uncapable at the time of his ordination. And moreover he surmiseth certain impediments, whereby such a man is hindered from being in deed and truth a minister, to be known both to the Bishop, and to the party ordained. And * Abb. in c. Apostolic. Ext. de praesb. non ordin. gl. in c. dudum c. nihil, etc. quod sicut. Cl. 2. de electio. again, this rule indeed holdeth, and error maketh law, in matters depending of jurisdiction; but not in matters grounded upon orders, nor in sacrementals, in which, rather truth, than common opinion is weighed. And therefore it is * Archid. 11. q. 3. c. 1. & Bald. in l. 2. C. de sent. & interl. omnium judicum. said, General and common error in spiritual matters doth work and enure to nothing. Where upon it resteth still firm and inviolable, that if we have so many (as he enforceth) only pretended ministers in this church of England, not being so in deed and truth: then shall the acts and functions of the ministery executed by them, be of no other force (notwithstanding the common error) than if they had been done by mere lay men both in deed and common reputation. Nay by this man's platform, the priests made in time of popery, being not so much as capable of the ministery, and the ministers ordered in the time of king Edward, and her Daiesties' reign that now is, being no ministers indeed, because they were not chosen by the people, which the book and law requireth: it will follow, that we have no ministers indeed, and by law in this church of England. Now it is a piece of our new church-modell also to * T. C. Reply. pag. 518. affirm, that Not only the dignity, but also the being of the sacrament of baptism dependeth upon this, whether he be a minister or no that doth minister it. To which also the opinions of the ministers of the reformed churches in France seem to be conformable, where they * Art. 4. du Baptism, en la discipline eccl. de France. say: Le baptism, &c: The baptism administered by him, which hath not commission or any vocation, is wholly void. But the common law of the land maketh espousals void to the intent of legitimation or inheritance of the children, where the matrimony was not celebrated by a priest or minister: and suffereth none to be capable of any benefit of a subject in this land, which is not baptised. So The authors most pestilent assertion, and the consequence. that we see, a more pestilent plat, than this man hath laid against the particular interest of every subject in this church and commonweal, cannot be devised by the most seditious traitor in Rome or in Rheims, nor by the most stirring and tumultuous devil in all hell: if all that were true, which he and his complices do deliver unto us as undoubted truths, here and elsewhere, in their peremptory and perilous assertions. 49. Section. Pag. 99, 100, 101. IN this place our author goeth about to confute those that take upon them to exempt Bishops from blame For placing unlearned men in benefices, by reason of the corruption, covetousness, and simoniacal compacts of sundry patrons. But what colour of excuse can this yéed to Bishops in any man's imagination, why they should call insufficient men into the ministery? For I hope his malice is not so great, as to charge them, that they make insufficient men ministers, only to serve the turn of Covetous patrons, whereby they may make their markets more gainful; and upon refusal of their cleackes, that they may have advantage in law peradventure against the Bishop himself that ordained them. Yet to follow him a little in this matter of bestowing benefices: with what forehead can any man but a little experienced in the world say, that the greediness and corruptions of patrons is but a Feigned cause of placing unlearned men in benefices, except he will deny the sun to be up at midday, or such a one, as the god of this world having blinded, doth think the smell of gain to be good out of any thing, as Vespasian did Ex lotio? And can he faith this is but Feigned, who talketh so much of a presumption by law, when as the law itself (though there were not too lamentable experience of it in this common wealth) doth tell us, Because patrons leave so small a portion in some places c. extirpand● Ext. de pr●bendis. to the ministers, so that they cannot competently thereby be maintained: here upon it cometh, that in such countries, scarce one minister of a parish church can be found, which hath even but a little skill in learning? But If it were true, he saith he will nevertheless Let pass divers answers, which aptly might (as he thinketh) be used in this matter. One is, because the Bishop's office is More painful than gainful, and he that tasteth the sweet, ought also to taste of the sour. Therefore he should refuse to admit any not so qualified, as our author meaneth, unto a benefice: yea though he were sure that after all his trouble and expenses, such a clerk should be placed by the course of the common law, maugre his beard. So that by this man's account, it is better purposely without cause or hope of prevailing for a man to trouble himself and spend his money, than to be quiet: and better to rise up and fall, than to sit still. Nay, with what credit can the Bishop reject a man as unable, whom he is sure the law of the land will repute sufficient? Therefore it is marvel that our author, upon this colour, did not here run into a common place, against the common law, which is more lose in allowance of clerk unto benefices, than he would bear us in hand the canon law is. But Latet anguis in herba, There is a pad in the straw. The next answer, that if the Bishop sustain any hurt by refusing to admit to a benefice an insufficient man, the blame is to be imputed unto no man but himself, which ordained him: is the same with that answer, whereupon he afterward relieth, though here he saith; He will let it pass. lastly, he telleth us he will also let passeth exhortation, which the Bishop's canons do prescribe to be used unto patrons to persuade them to bestow their benefices sincerely, and upon sufficient men: which indeed he might with better discretion never have named. For alas! is the Bishop giving a good and wholesome exhortation to the patron, to be found fault with, because the patron having his hand on his halfpenny, will not suffer himself to be persuaded by him, to do as he ought? But he allegeth in defence and favour of a Patron presenting an unlearned man to a benefice, that he is not to be blamed by the Bishop, but himself is to be chief burdened and blamed, who ordained such a one minister: and the rather because The benefice is due by reason of the office. Yet the Bishop's blame and reprehension cleareth not the patrons covetousness, his want of zeal, to have the people as well taught as he might, his theft, his sacrilege, his simony, his abetting and procuring of another man to be perjured for his own lucre. For there is none of them so simple, but they well know, that these are thus by law condemned. And what by themselves, and what by others (at least when the Bishop upon examination doth find it so) they might take knowledge that a more learned and sufficient man might be easily procured, who would accept it thankfully: which because the patron cannot break his fast with, he therefore will not be removed from him that hath most slender gifts of mind, because such a man having little else to commend him, will be content to departed with the greatest gifts to the patron's purse and kitchen. And yet may it not fall out, that the Bishop upon good consideration may refuse to admit him to a benefice, whom he hath afore received into the ministery? For perhaps he may be fit for some small charge and living (which a man of greater gifts will not accept of though he be not fit for a more populous parish, being a sufficient maintenance for a more excellent man. Or else it may be he hath not from the time of his ordering been so painful in his vocation, or so wary in his conversation as were requisite, whereby he might deserve a better place. So that this is not so generally to be verified as he here doth, that Whom a Bishop hath reputed meet unto orders, him he ought also to think meet unto any benefice. For what if a Bishop of another diocese did ordain him for some meaner place of charge, which else might have been wholly destitute of administration of any sacraments: or else his predecessor in that place? ●ay not he nevertheless upon a Glo. c. cum secundum Apostolum. ver. liceat. Ext. de preb. & dign. examination finding his weakness, for the place which he is presented unto, with good reason and by law reject him? Yes verily. And what b Gl. d. etc. 1. aetat. & qualitate. & gl. in c. accepimus ver. examinari. d. if some new matter have fallen out since his ordering, worthy to be looked into? Truly the like judgement is to be given as before. Likewise a minister may be newly examined, and upon cause sufficient also rejected, from obtaining a benefice, even by him that did ordain him, if he were c Gl. d. per c. ad haec, Ext. de office Archid. examined but by his archdeacon afore, to the which d Gl. d. per c. nihil est, etc. venerabilem. Ext. de election. examination the Bishop is also bound. Again, e Gl. in c. accepimus, ver. reputare Ext. de aetat. & qualit. they that have tolerated in an inferior office a man criminous, may nevertheless take exceptions against him, when he is to be higher preferred. And laftlie it is no strange matter to affirm, f L. relegatorum §. vlt. ff. de interred. & relegatis. c. nos consuetndinem dist. 12. c. scrip●um est. Ext. de elect. that a man may lawfully retain a place of less estimation, which yet ought not to be preferred to a higher. By all which may appear, by how many means the Bishop by law may be exempted from just reprehension, though a clerk being made a minister by some Bishop, and peradventure by himself, be rejected from obtaining some benefice. And hereby also the final relief appeareth, which covetous patrons are like to catch by this his cold apology for them. Yet we may to good purpose observe our author's endeavour, who when ignorant ministers are once ordained (whom he thinketh no ministers at all) yet in favour of simony, for gratification of corrupt patrons, and to load Bishops with all the blame, can be content to plead thus for their placing in Benefices, whom a little afore he would not have entitled to the Office of the ministery, in which only respect (here he saith) The benefice is due. 50. Section. Pag. 101, 102, 103. BUt he telleth us in very pitiful sort, as sorrowing that they should be so misjudged, that These covetous patrons are great beams in the eyes of Bishops, plurality men, and non residents, for fear that by simoniacal compounding with poor simple men, the fat should be wiped from their beards, which otherwise they would have expected for themselves. And if they be indeed so great beams in Bishops eyes, which yet they wish to be cast out as principal means for the fostering of an ignorant ministery, even in those livings which being entirely employed, were sufficient to maintain men of good and commendable gifts: then are not Bishops so great maintainers and cherishers of ignorance in ministers, as he would in this treatise so often insinuate. But why they should malign covetous patrons, for fear any living by simoniacal compacts should be drawn from them, I cannot for my part conjecture; seeing they are not capable by ordinary course of law, of any such inferior livings. And (I pray you) doth the corruption of covetous patrons reach no further to the damage or hindrance of any, but only of pluralists, and non residents? But he taketh that as granted, and will prove by the answer of a covetous patron to This plurality man and non resident, as it seemeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: That the people have no greater hindrance by an unlearned man not preaching, and hiring out his benefice under foot unto his patron, than by a learned man not resident, and not preaching, hiring it out to his curate after a rounder rate. The patrons demand to the learned pluralist is to this effect: Whether it is not as lawful for him to bestow a benefice of his patronage, upon one not able to preach, retaining by covenants all saving a little, and procuring quarter sermons to be preached for him: as to bestow it freely upon a great learned man, that either will not, or doth not preach, but hireth one as ignorant as the patrons clerk to serve it? Truly, if he that can, either do not preach at all, or not so diligently as were convenient, though the difference be a great deal less than all good and careful men could wish: yet is there other so great differences, that he needed not to have been 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or to have been strooken so dumb, as our author (like a merry man) doth fancy. First the one hath positive law of the land to warrant it, the other hath none. In the one, the patron dischargeth the part of an honest man, and according to the trust reposed, and the person that might perform duty and will not, is only to be blamed: but in the other, the patron for his own filthy lucre is content, both that the people do remain during the persons life without all hope of feeding, & that the person by wilful perjury which he procureth and abetteth, do become * 〈◊〉. q. 1. c. si quis & quinque ca seq. not only irregular ever after, but also to hazard without God's wonderful mercy, * c. presbyter ●i. 1. q. 1. eternal damnation. Again in the one the Person only bereaveth the people of their spiritual comfort: in the other, they are not only bereaved of this, but the patron robbeth both them and the person of their goods, whereunto neither by God's law, Civil, Canon nor Common, he hath or can have any interest; and in the mean time the person is his abettor in this robbery. lastly, in the one there may be hope, that he may do good hereafter, (seeing he is able) either by constraint, or for conscience: and yet in the mean time he is considered with that as with an exhibition for his pains and travel, before sustained in study: but in the other, as there is no cause to recompense his former travels; so is there small hope of his attaining to that sufficiency, which is supposed to be in the former. But in case he should attain to such ability, and accordingly put the same in ure: then should he have a double injury: both to have made shipwreck of his conscience, and after to be deprived by the patron of the deserved fruit of his labours. But our author clean contrary, as not so greatly misliking covetous patrons, and such of them as are come to that impudency, as to make unto their wives assurances of a certain annuity after their deaths, to be levied out of a presentative benefice, lest perhaps he should pull some of his own darlings by the nose; avoucheth the corrupt dealing betwixt the greedy coruorant patron, and the needy simple snake, To be less hurtful to the commonweal, and less sinful to the Lord, than the other. Wherein he dealeth like himself, thus to extenuate the most present poison, and most dangerous canker, that sretteth away the number of students of divinity from the church in these days, of any other pestilent practice whatsoever: and thereby to so we cusshions under their elbows, and to lull asleep in the bed of security, those his clients; who under an hypocritical pretence, of disburdening themselves of the cares and troubles in gathering up their duties, are as ready (rather than fail of living) corruptly to share with their patrons, as their patrons are precise and exact in omitting nothing that may fill their pouches, though it be with the spoil of the church, and the stain of their ministers conscience. Less hurtful (he saith) it is to the commonweal, because of the patrons hospitality, and relief of the poor of the parish by this means. And is indeed the patrons liberality so straight laced up, that his house shall hold of our lady, and that he will give nothing for God's sake, except he may have the parsonage barn to make the dog in his mill to bark, and the tieth wood of the parish to make The poor a fire once a year in his hall? Truly this is nothing else but to bring the price of a dog into the Lord's sanctuary. But what if the patron dwell far off? Or the parish where he dwelleth be almost dispeopled? Or what if it may be truly answered, that the most Non residents kitchens be oftentimes in the year not cold as his dog's nose is, but as hot as his own; shall not his dog-bolt reason, taken from a dog's snout, be laid asleep, till some body help it up? As for his other invective, for caring the revenues arising in one place unto another, I hope he will no more urge it in them, as hurtful to the commonweal, than he may do in temporal men's livings, or in the livings and exhibitions of some ecclesiastical men his favourites. And why not (I pray you) without damage to the commonweal, out of Ireland to Cambridge, as well as from London to Germany? Out of Wales into Oxenford, as out of Wales into Warwikeshire? From beyond Lincoln to Salisbury, as from besides London to Gernsey? And from besides Leycester to Carlil in Cumberland, as from Kent or Norfolk into Northamptonshire? Less sinful (he saith also) it is to the Lord, because the patron enjoyeth his right by covenants & goodwill of the in cumbent, and oftentimes with the consent of the people, whose clerk they willingly receive to be placed among them. But admit these reasons were true, yet hereof it doth not follow, that It is less sinful than non residence is: for the non resident taketh no oath by the Ordinary for his residence, as he falsely (yet boldly) avoucheth; but all that be instituted, either take, or aught to take the oath, for not committing simony, by themselves, or others by their privity, either directly or indirectly. As for the promise of residence to the patron, it is a thing in fact, and presumed not lightly only, but also vainclie by the author, being more probable that the patron, if he were so desirous of the persons continual company, would bind him sure enough from starting; yet if it were made and broken, the foulness of this sin will not countervail heinousness either of perjury in the person, or of theft and pilfering by the patron. For how can he before God be exempted from the guilt of theft, which enjoyeth ecclesiastical living without warrant, either of God's law or man's law? That which he saith of non residence simply to be both against the law of man and ordinance of God, remaineth more aptly to be discussed in another place. But as touching the consent of the people, who no doubt give a very free consent to allow well of him, whom their patron liketh for his gains sake, and whom they dare not mislike for fear of the patrons displeasure: as it is neither required by Gods nor man's law, so doth it make nothing at all to the qualifying or rebating of the edge of God's wrath, against this detestable sin of Simony, and church-robbing. His other excuse or elevating of the sin of simony by the goodwill of the person, may be * Aristot. 3. Ethic. compared to the good will of him, that to unlade the ship in a tempest departeth (in a sort willingly) with his precious treasure, which with his own hands he casteth over ship-bord, to save his own life. But the patron (he saith) enjoyeth a Right in the church-living by covenants. Right he can not have to that, which both God's law and man's law doth detest; and the covenants are unhonest, being by law condemned, and therefore by no law do bind either of the parties, but are merely void. 51. Section. Pag. 103, 104, 105. HEre he resumeth again the objection made in favour of the Bishops: who are supposed to admit insufficient men sometimes to benefices, lest by a writ of Quare non admisit brought at the common law, the clerk rejected, to the great vexation and charge of the Bishop, should notwithstanding be admitted to the benefice. And saith, It is an objection not to be objected. Truth it is, that this objection is not worth the objecting, and therefore he that took upon him in behalf of others, thus to frame it, if his skill had been any greater in the common laws, than it is in the civil; he would sure have framed it better, and with some more likelihood of probability. For the * Br. de quare non admisit. Natura brevium vetus & nova. writ of Quare non admisit doth not lie upon the rejection of a clerk by the Ordinary for insufficiency only, but where the ordinary refuseth to admit his clerk, he having by action at the common law recovered the advowson of the church, against some that likewise pretended right unto it. And by the * Natur. brevium ibid●m. & nova natura brevium. fol. 47. g. writ of Quare non admisit brought, if the plaintiff prevail against the Bishop, he shall not thereby recover his presentment against him, but damages for not admitting. And * Ibidem, liger. f. therefore it is to be brought in that county only where the refusal was made, and not in the county where the church standeth, as in Quare impedit is required, where the presentment is also recovered. Yet this (if I do not mistake it) may contrary to our author's intention be hereof gathered: that the Bishop which shall refuse to admit such a patrons clerk (for insufficiency peradventure) as hath recovered against another man the advowson and right of patronage of a church, may upon this writ of Quare non admisit, be cast in irrecoverable damages, though the clerk do not thereby procure his institution. So that we see the Bishop which shall reject an insufficient clerk, besides the charges and trouble he may be put unto, upon a Quare impedit yet it come to trial before the Archbishop, is not otherwise clear from all danger in this behalf: though both by civil, canon, and common law (as he saith) the examination and judgement of a clerk sufficiency, do appertain to the clergy. Yet the first place, which for proof hereof he bringeth out of the Autentikes Col. 9 hath no such matter, but only showeth in some part, what kind of men such must be, as are to be assumed for clerk. Likewise the last place out of the common law alleged, speaketh of a clerk rejected, not as insufficient, but as criminous, not mentioning at Impertinent allegations. all to whom the examination and inquiry of his sufficiency doth appertain: but saith only, that a spiritual man may know his own clerk. But as not being sure of his grounds out of the common law, which he standeth upon; and yet minding to be sure to derive and convey all the hatred and envy of planting insufficient ministers upon the Bishops, he teacheth the Bishop to depose such a clerk for unability, whom the common law hath thrust into a benefice, against his will. But doth he think the reach of reason of so many notable men in the common laws to be so short, as that they will be to seek to find an Oliver for this Rowland? Or whom they have by a judgement at their law found to be sufficient, shall they not be able to maintain him in his living once gotten, being called again into question, but upon the same cause only? But how can this devise stand, if our author's reason Inconstancy. Pag. 101. afore brought were good and general, that Whom the Bishop hath reputed meet unto orders, them he ought to repute also fit for a benefice? Or with that other paradox, of his, which giveth To all the people an interest in the election of their minister? Shall not they have also, according to the rule of law, an interest in his rejection and deposing? And what if his insufficiency be not so great, as that the law will allow his deposition in that respect only, according to that which to this purpose hath been already spoken, although the Bishop might have good reason to induce him to think him unfit for the benefice, which he was presented unto: shall he nevertheless, otherwise than law will warrant, proceed to his deposing? Nay, if this were tolerable, the Bishop might with better pretence and less danger or trouble, upon finding him unfit, give presently Definitive sentence against him, that he is no minister at all, as our author hath learnedly taught him, and then would the matter be speedily dispatched. But yet further, what if the party appeal and prosecute even till it come to her Naiestie, and make the Bishop the party appealed in every instance, as having done him the injury? Nust not the Bishop be forced either to sit down and yield, or else to his intolerable charges to prosecute, and perhaps in the end be over thrown, and so pay charges also which the appellant hath defrayed? Iruelie, if every Bishop should follow this plat, and should seek to depose from the ministery, whom our author judgeth no minister for insufficiency, he had need to be either endued with a Dictator's power without all appeal; or else to have as much living as half the Bishops in England, only to be expended in following these suits in his own only Diocese. ¶ Confess. Ecclesi. Helueti. We condemn all unmeet ministers not endued with gifts necessary for a shepherd that should feed his flock. Howbeit, we acknowledge that the harmless sim plicitie of some shepherds in the old church, did sometimes more profit the church, than the great, exquisite, and fine (but something too haughty) knowledge of some others. Wherefore we do not reject now adays the good simplicity of certain, so that they be not altogether unskil full of God and of his word. ¶ A necessary Appendix concerning certain points of external policy and government in the church, occasioned upon the author's speeches. OUr author hath told us in his book, a Pag. 19 that Our chief prelates have not yet abandoned the policy of the traitorous lawmaker, that it is perilous for the government of the state of the Lords household, and not meet for the Lords servants to be guided by, that they use wilful disloyalty to the Lord, that the procurations, dispensations, ceremonies, non residence, excommunications, visitations, payments of oblations, courts offaculties and licences are maintained only by the pope's laws, and are all popish: b Pag. 19, 20. that the applying of that to good uses, which hath been abused, doth accuse the son of the most highest, that he hath not dealt faithfully in his father's household (by) giving them as perfect a law for the government of his household, by discipline, as by doctrine: c Pag. 20. that for their fellowe-seruants sakes, they ought to be more favourable to their Lord and masters cause: d Pag. 30. that they do execrablie mock and delude the Lord to his face: e Pag. 35. that a Bishop and minister ought so to minister the discipline of Christ, as the Lord hath commanded, though the laws of the realm should not have received the same: f Pag. 36. that no discipline in truth can be said to be the discipline of Christ, unless it be indeed ministered, as the Lord Christ hath commanded the same should be ministered: that g Pag. 36. it is utterly untrue to say, that our discipline used in the church of England, is in very deed the very same discipline, which the Lord Christ hath commanded: h Pag. 37. that the saints of God, and loyal subjects to her Majesty, calling for discipline commanded by the Lord, and in truth established by the laws of her highness empire, have open wrong and intolerable injury offered at the chief prelates hands: i Pag. 20. that the law doth indeed for them authorize that, which the same law in appearance only approveth for the other: k Pag. 53. that the chief prelates are not so faithful to the Lord as were expedient for them, that they 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, and therefore ignominiously are termed Praecisians: l Pag. 62. that the statutes of the realm give to all the faithful of the land an interest in choice and allowance of their pastors: m Pag. 74. that at the entry of her majesties reign, the whole manner of the government of the synagogue should have been altered: n Pag. 74. that at that time their laws were unadvisedly translated from them unto us: o Pag. 91. that they which be called [Puritans] make conscience not to offend God in any small thing: p Pag. 91. that for their conscience sake they are thought worthy to be whipped and excommunicated: q Pag. 263. that it is a matter worthy inquiry, whether the pastor of every congregation be suffered to execute the discipline of Christ authorised by Act of parliament: r Pag. 264. that those who have spoken touching matters only of discipline and ceremonies, whereupon before Bishops they are sifted with oaths, have spoken or preached out of the word of GOD, the truth of God touching the same: s Pag. 227. that the friends of reformation are greater friends and maintainers of her highness prerogative, than the other be: t Pag. 231. that the enemies of reformation, are enemies to her majesties prerogative: u Pag. 228. that they only execute such jurisdiction as by popish constitutions, or popish customs hath been heretofore annexed unto their dignities, and that by an utter enemy to her royal person, state, and government: k Pag. 238. that the popish ecclesiastical law ought to be abandoned, and as a froth or filth to be spewed out of the commonweal: * Pag. 238. that her Majesty can by no means more honour the Lord, than utterly to abandon all semblance of any government, proceeding from an enemy and traitor to his Majesty: z Pag. 239. that for the government of the church we have the perfect and altogether righteous law of God, to rule the same by. Also * Pag. 95. by way of supposal, he seemeth to doubt, that the Lord hath not yet graciously opened her majesties eyes, to understand all and singular mysteries of his testament, that blemishes and blots remain, that adversaries to the people of God do hire councillors to trouble their building and devise; all the days of Cyrus, that the walls are to be re-edified by some Eliashib, that the church must yet tarry some leisure, and that it may be some other glorious work is to be done in our days by her Highness: with infinite such like saiengs, proceeding from the said puddle of pride, faction, rancour, and disloyalty. Whereupon we may gather, besides his unthankfulness to God, and undutifulness to her Majesty, by whose ministery God hath singularly blessed us, besides his boiling malice against the state ecclesiastical, his factious greediness of innovation, and his schismatical titles of glory, laid with a kind of peculiar prerogative, upon those who impugn laws under colour of their wished reformation: that he is persuaded, and so would have others to be, both that diverse points of their new church-plot, are by laws of this land established, which yet are kept from them by strong hand: and also that there is some perfect, exact, and set order, of all external policy, concerning ceremonies and discipline in all church matters prescribed by the commandment of Christ, which is not yet by law established, as it ought to be, and from which in the mean time this church of England wholly doth vary. That he thinketh they are debarred of some thing, which they wish and aught by law to enjoy, it may appear partly by some of his speeches above mentioned, but more plainly * Pag. 92. where he calleth for certain Orders and laws to be put in practice, which the magistrates have made, that such as speak for them, preach for them, call for them, and write for them, may be no more controlled, &c: and that they may either be maintained as laws, or else he and others be delivered from their duties, in desiring their execution and obeying them, which they could hitherto never be brought to obey, or like of. And * Pag. 105. likewise, where in the very end of his first treatise he praiseth certain Laws as wholesomely provided against wilful law-breakers. Which laws by him meant, if they be declared in particular, I hope they have been sufficiently spoken unto already. But if any of them (which he so commendeth) be parts of the Canon law: then he is to be praised for a man of a good nature, which after his fury being overpast (which belike hath Dilueida interualla) will be so soon reconciled again with his enemy, whom sometimes he wished to be broiled like S. Laurence, or to be burnt (like an heretic) in Smithfeeld. The other and more principal point concerning the declining of the church of England, in ceremonies, government, and discipline from the commandment of Christ, by him and such like surmised; because it containeth a very grievous accusation, of so famous and great a part of the universal church; and is therefore a matter of great consequence, to have this church cleared of that slander, which this infamous libeler objecteth: I have thought good (for a taste) to trouble the readers a little, with some few and brief collections (gathered for the most part) by certain painful and godly learned men; yet in some small portion, upon mine own slender wading concerning these matters of external church-policy; not to any intent (as I may safely before God protest) to derogate from any tolerable order established in these external matters, by any reformed church, as a thing unlawful of to be condemned; howsoever peradventure some of them may be inconvenient to be used: but only to show the vanity of this and other like affected men's assertions, which By the exact description of the temple, and other things about the service of God in the old law, and because Christ was faithful in all his father's household, would carry away in a generality; that therefore, there is one certain, perfect, and settled form of discipline, government, and of external church-policy recommended, and also commanded in scripture unto us. For if, upon examination hereof in specialties, it may appear that the ringleaders of this band do not only differ; but also be contrary one to another in many material points of this their platform, which they nevertheless would mingle heaven and earth together for, by their The soldior of Barwike. pag. 3. speeches and writings: then (I hope) all godly wise men will easily see, that it is but a strong fancy which either all or at the least some of them in this behalf be led by: and that without reason they do exact of us to yield unto them, which are not at any accord or resolution among themselves, nor yet with other learned men. Whereupon this will ensue, and profitably may be gathered: that as it is lawful for any particular church by the word of God, to retain what form and circumstances of discipline and government in the church, not contrary to the word of God, which (weighing all things therein considerable) shall be thought most to tend, then and there, to the building up of the lively stones in deed, into one accouplement in Christ jesus his mystical body: so that form will fall out to be most safe, which hath been most generally received, and profitable practised, and hath for it, the approbation of the purest antiquity in the primitive church. For it is a very nice and a dangerous scrupulosity, rather than to use that aright, which hath been once abused; that a man should go about to devise, and to lay out new platforms in church matters, in which of necessity such difficulties will daily arise, that can not by any reach of man's wit be forecast, and which will breed not only a continual toil, but also infinite dangerous innovations, both in the church and commonweal. Now, as concerning the inward government of the church of Christ by the spirit of God working in his children, by the ministery of the written and revealed word: and also touching the essential points of the outward policy and government of the church, consisting in the true teaching of the word of God, in the due administration of sacraments according to Christ's holic institution, in the advancement and furtherance of virtue, with the beating down and suppressing of sin and impiety, and in keeping the church in a quiet unity and good order; there is no difference or variety of opinion amongst us. Which wholly therefore doth rest in this point, touching the form and manner of putting this external church government in ure and practice. For they affirm, that * Pag. 19, 20, 239. Christ hath left, and Commanded as perfect a rule and law for the government of the church (his father's household) by discipline, as he hath done by doctrine, which is say they, by their consistories and presbyteries: and also that the same is perpetual, and aught so to continue unto the world's end, in every particular church. Both which we deny, and with all affirm; that no such precise and exact form of external government of the church by discipline, as they depaint out, is so much as by any example recommended unto us in scripture: but much less commanded, as a continual platform for ever to be followed. To their first asseveration belong those their speeches, where they call it The presbytery which God hath appointed: the ark of God: the Lords house, a royal throne for Christ to sit and rule in. And where other of * T. C. in epist. ante lib. 2. them tell us, that The order which they contend for, is that which God hath left, * Admon. 2. pag. 5. and that The matters they deal in, are according to the very will of almighty God. Insomuch that * A libel printed in form of a table. they make him Antichrist, and one who refuseth to have Christ to rule over him, which rejecteth their Presbytery government. To their second paradox belong these and such like magnifical elne-long terms: * T. C. in epist. ante. 2. lib. that It is the everlasting truth of God, that it is the kingdom of God in this world, which only hath the promise of blessing and life for evermore: * Admon. 2. pag. 61. that this is only God's order, which in conscience they are forced to speak for, and to use: and * T. C. in 1. lib. pag. 141. that we are expressly charged to retain this signory till the coming of Christ to judgement, by the words of S. Paul in the sixth chapter of the first to Timothy, notwithstanding calvin doth wholly refer it to the ministery of Timothy. And although our men, who belike see further in a millstone, and can find more knots in a rush than other men, do tell us of such a necessary perpetuity & continuance of their presbyterial government: yet * Art. 23. tit. advertisement. en la discipline du France. the French churches reform, could not find any such settled form of discipline, so by scripture established, but that it might upon occasion be altered. And therefore in the shutting up of their book, hereof they say thus: Ces articles qui sont, &c: These articles which are here contained touching the discipline, are not so settled amongst us, but that (the unity of the church so requiring) they may be changed. And it is a world to see & consider, though not only in this point but in many other material points about this government, our church-wrights differ both from other men abroad, and amongst themselves at home: how yet notwithstanding, they do all in general importune us to believe them, that there is a precise form, order, rule and law of this external government in the church commanded by Christ, which no church may serve from, or ever transform and alter. Yet Tertullian (as he is alleged by others) saith thus: Truly the rule of faith is wholly one, and is wholly unmovable, and not to be reform, namely to believe in God, &c: this law of faith remaining, now the other matters of discipline and course of life, do admit alteration and correction, the grace of God always working and going forward unto the end. And first, as touching variety of judgements about the means to establish this government, and their presbyteries, we see that our * Pag. 93. Abstractor saith: The ministers without due authority from the magistrate (whereby I hope he understandeth the chief magistrate of every commonwealth, & not inferior officers, whom, in this case, certain firebrands of treason, by a De iure magistrate. de iure regni. vindict. con. tyrannos. their books would arm against their sovereigns) ought not to wrest any thing into the government of the church. But b T. C. pag. 141. another saith, that among other things this government by presbyteries Is such, as for the keeping of them, if we have them; & forth obtaining of them, if we have them not; he will not say Our honours, or our commodities and wealth, but our lives ought not to be dear unto us. Another c Admon. 2. pag. 61. saith, they are forced to speak for it, and to use it. And d Br. a fourth no less peremptory than traitorous (whom I hope they will not allow of) saith: If the prince will not establish this government, that her subjects need not to tarry for her, but ought t'innouate the government themselves. divers of the French reformers are also too violently affected that way. One of them hath delivered, e Fran. jun. pag. 28. that If the prince do hinder the building of the church, f Pag. 3. or do affect the seat of God: that is (in their sense and meaning) deal in ecclesiastical causes, and hinder the presbytery: the g Pag. 28. people may by force of arms resist him. To which end also h Admon. 2. pag. 29. that seemeth to be spoken, where it is said, that many a thousand in England desire that platform: and that great troubles will come of it, if they be still withstood in their devices. And if none of those dis●ciall practices can be put in ure, which some of that disposition and affection to those presbyteries have devised, by arming inferior officers and magistrates against their sovereigns'; than they would * Of obedience, pa. 59 have The ministery t' excommunicate the king. Whereby they would falsely gather by the feudal law, or of tenors (as we call it) * De iure magistr. pag. 66. that the vassal is delivered from his allegiance and oath, of fealty or homage, which he hath taken to his sovereign lord, if he be once excommunicate. In which respect also * Of obedience, pag. 52. 53. some of them do affirm, that though pope's taking upon them to depose princes for sundry enormities, did usurp unto themselves an unlawful authority: yet the reason that moved them so to do, was honest and just, and meet to be executed by the body or state of every commonweal; and yet forsooth these be especial friends and favourers of the queens prerogative. But touching that place there alleged, out of the second book Feudorum, tit. 28. §. 1: it can no way be understood of an absolute and sovereign prince, that holdeth not his kingdom over, of any mortal man, but of God alone, no not in those countries and territories, where otherwise the feudal law in mean lords hath place. First, because the Vassal or tenant (as we call him) being delivered of his fealty, services and tenancy, and the said services being not to be extinguished in the Vassal, but for the lords default to be forfeited to another: it cannot be understood of a sovereign lord, who hath no superior but God, to take the forfeiture that is grown against him. secondarily, the circumstances of the law do declare this to be understood of a mean lord, and not of the king himself: The vassal (saith that law) is not bound to help or to do service to his lord, being excommunicate, or banished by the king, but is in the mean time loosed from his oath offealtie, till he be restored by the church or the king. Again, all this feudal law, being a customary and unwritten law, and by the tolerance of kings, and other sovereign lords over warlike nations, suffered to grow in use, for the reward and encouragement of those that had valiantly demeaned themselves in their wars: it cannot be credible, that the king would permit such a custom to prevail even against himself, whereby he should retain his own subjects no longer in their allegiance, than it should please another man. Moreover this law had his beginning and special increase amongst the Longobards, and other such Martial people, before they were converted to Christianity from their Gentilism: which maketh me to think, that this point of excommunication was added afterward by the compilers of the feudal law, according to the use of their times for the parity and equality of reason, that seemed to be in Banishing with Excommunication. But most strongly is this sense, which I have given, confirmed by the testimony of very good historiographers. * Ottho. Erisingen. lib. 6. cap. 35. chro. I do read and read over again (saith one) the acts of Roman kings and emperors, and I can no where find that any of them was ever excommunicated by the Bishop of Rome, till this William king of England was excommunicated by Alexander the second, about the year of our Lord, 1066. And johannes Tritenius * Chron. Hirsaug. ca 14. writing of the emperor Henry the fourth, saith thus; For which pertinacy he was excommunicated by Gregory the seventh, and by a synodal decree of Bishops was deposed from the empire, although he cared not for it. And he is the first of all emperors, that was deposed by the pope. And another in his chronicles of the year 1088. calleth it in a manner an heresy, then scarce sprung up, that Presbyteri, priests or elders if you will, should take upon them to release the subjects of a king from their oath and allegiance. Odo * Sigebertus' monachus Gemblacen. (saith he) being first a Cluniake monk, and after Bishop of Hostia, was made pope against the emperor and Guibertus. Hereupon offences in the church, and turmoils of dissension in the commonweal did increase, whiles one disagreed from another, that is, the kingdom from the priesthood. Truly (if I may speak with good leave of those, who be good men) this plain novelty, I had almost said heresy, was not yet come abroad into the world: that his priests, which said thus by a king, Apostare & regnare facit hypocritam, propter peccata populi, that they I say, should teach the people that they own no service to evil kings: and that although they had yielded unto them the oath of fealty, yet they did not owe unto them any allegiance: and that those should not be accounted perjured, which stood evil affected towards their king; yea, that those which should obey the king, should be reputed excommunicate, and that he which attempted any thing against him, should be absolved from the guilt of impiety and perjury: Haec Sigebertus. Which notable testimony proceeding even from a monk devoted to that See, and in the great ignorance of those times, which otherwise did possess them: I could not but oppose to the fanatical spirits and traitorous allegations, both of these dangerous innovators, and of the rabious papists: which in this point hath borrowed weapons of them, and do bark in the same key, daily from beyond the seas, against their Sovereign, whose kingdom they would enthrall to be holden but at the pope's, as the other would have it at the chief inferior magistrates, the peoples or presbyteries devotion. As touching secondary means for the better establishing and furnishing of their presbyterial government, there is likewise variety of opinion. For our lay reformers for the most part do wish all ecclesiastical persons to be devested of their lands and other hereditaments, and like cast and forworne servants, to be put to their pension: that upon such alteration, the offals, downfalls, and windfalls, may fall to their share, or at least, be a musse for them to scamble for. Which devise seemeth to have been pointed at, by the discipline of France, * Art. 35. de la discipline de France. where they say: No minister shall possess any hereditament by title of his ministery: but if a pension or some parcel thereof be assigned out of any possession, rent, or revenue, it shall be wholly in the administration of the deacons, or of other persons thereunto deputed by the church, at whose hands the ministers shall receive their pension. But the chief of our ecclesiastical innovators, would on the contrary side, have the prince to relinquish her first fruits, tenths, and impropriations: and all Noble men and gentlemen, their impropriations and patronages: and the Bishops with all cathedral and collegiate churches, to be be reaved of all their temporal and ecciesiasticall possessions whatsoever, to supply the wants that may happen at the erecting of their petit Parlements and Presbyteries. To which devise, because they foresee such of the laity will as hardly as any other be induced to agree, being deaf of that side the head, howsoever they seemed to like the plat, so long as it reached no further than to Bishops and cathedral churches: they do therefore as bitterly bite at them as at others, for their a Disciplina ecclesi. fol. 94. backwardness in this pretended necessary service. Whiles they hear us speak (saith no little one of them in reputation) against Bishops and cathedral churches, it tickleth their ears, looking for the like prey that they had before of monasteries: yea they have in their hearts devoured already their church's inheritance. b Ibidem. And again, They could be content to crucify Christ, so they might have his garments. And c Ibidem. further, They care not for religion, so they may get the spoil. And yet d Ibid. fol. 97. again, The revenues of the church are wasted in courtly wantonness & bravery, bestowed upon noblemen's servants, and so consumed with most sacrilegious impudency and boldness. Further e Ibid. fol. 87. yet, They do not only give nothing to the church, but such livings, as others have godly bestowed, most wickedly they detain and withhold from her. To this f Ibid. fol. 95. he addeth: That our age is full of spoiling soldiers, and of wicked Dionysians, who will rob Christ of his golden coat, as neither fit for him in winter, nor in summer. And another chief man among them g T. C. 75. saith of such: They are coruorants, and seek to fill the bottomless sacks of their greedy appetites. And again, They do yell after a prey, and would thereby to their perpetual shame purchase a field of blood. Yea h Admon. 2. pag. 13. a third also of them saith; It is no better than sacrilege and spoiling of God, to keep back any way the provision that hath been made for the ministery: and the curse of God threatened by Malachi to those that spoilt the Levites then, belongeth & will light upon our spoilers now, and upon them in whose hands it is to redress it, if they do it not. Whereby we may see that our ecclesiastical innovators are not so scrupulous as they in France, or as our lay reformers seem to be: but that they could be content to take pains with those lands, tieths, and other hereditaments, and to adventure on them, though they have been so abused to the maintenance of supersiition and idolatry in the church: yea, and to retain them in title, to the better support of their Septemuirall or decemuirall senate in every parish, scarcely counting the other men's offer of a pension, worth a single gramercy. Now let us come to some of their resolutions, wherein they deliver to us their minds, when and by whom this their presbyterial church government by Seniors, as here they are called, or by Anciens (as they call them in France) was commanded or practised. For seeing they do both allege such a necessity thereof, that some of them have not doubted to make it a third essential point of a true church, whereby they must flatly confess to follow, that in or since Christ's and the apostles times, even till their own age, there hath been no true church, seeing it is assured, that neither they nor any man in the world is able either by scripture or testimony of antiquity to show forth such their lay presbytery, priests, elders, seniors, or anciens as they speak of: & also do beautify & advance it up to heaven, with glorious titles. Surely their endeavour will not be worth a single baubie or dodkin, if they cannot bring the devise and erection of it, as high as Christ's time at the least. Therefore one * T. C. pa. 187. of the chiefest of them, doth fetch it from the jewish 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and out of the Talmud. But if this senate and set council among the jews, be a type unto their presbyteries: then must they handle both the swords, which they would seem to mislike in others. For one * Bonaventura de politia juda. ca 13. & Daneus ca 10. lib. 2. Isag. 2. par. of Geneva lately writing De politia judaica (agréeablie herein with the most both old and new writers) affirmeth, that they had the hearing and decision aswell of civil as of ecclessasticall causes. Then shall their new church platform be also convinced not to be from heaven, but of men: for calvin affirmeth, that the jewish senate was but a politic constitution ordained by them after their return from Babylon. But our men do tell us that Christ did establish and command the like senate in his church, when in the 18. of March. he said, Dic ecclesiae, Tell the church, that is (say they) the presbytery. But Musculus is of another mind, who thinketh all the congregation thereby to be understood, according to that time wherein Christ speak it, when as the church wanted a godly and faithful magistrate. And of the same opinion, that the whole congregation aswell people as ministers or elders ought there to be understood, are * De Polit. eccl. & reip. certain reformers in France. And if Christ did by those words establish & command their presbyteries, than were the apostles very slow and negligent in putting them in practice: for * Calui. Harmonia in 18. Matth. calvin testifieth, that neither in Christ's time, nor in two and twenty years after, these presbyteries were erected. And if Christ did speak in that manner to th' Apostles and disciples, as of a thing well known unto them, by reason of the jewish 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in use amongst them: then will it follow, that as they had but one such for the whole nation, settled at jerusalem: so one presbytery will suffice for a whole realm. Also if Christ had then erected that their presbytery and church government, which they fancy: assuredly the apostles would not, nor should not, both all Christ's time and a year after, have usurped the office of deacons, being thought by our men to be not only a necessary, but a distinct office from the pastors and preachers in their presbyterial government: yea, they would not have relied upon that reason only, for creating of deacons (because thereby they were drawn from a more necessary function of preaching:) but would have also avouched that commandment of Christ, for such several offices in the government of the church, if he had given out any such direction, as is now imagined. And surely, it cannot be that either Christ or his apostles did command any such consistory, and presbyterial government as they talk of; because, if it be a matter of such perpetuity or importance, and of that sort as they would enforce; then could it not have had so obscure and base a birth, that neither scripture, father, nor council should leave in memory, by whom, where, or when it was first erected, and put in practice. Or else we must yield, that all the martyrs and holy fathers in the time of the apostles, and so downwards, were palpably ignorant of such a perfect, precise, and necessary point of a true church: or at the lest were very negligent and envious to posterity, that would not so much as vouchsafe to deliver it down from hand to hand by practice, as the traditions and unwritten verities are pretended by the papists to have been. In so much that if you ask * Ecclesiast. discip. pag. 121. some of them, in what part of scripture these their lay elders & seniors be commanded, they can answer readily, That all things are not expressed in scripture: yet our admonitors think they can prove all these matters directly by the word of God. The like variety is amongst them, in what part of scripture their Lay seniors are spoken of. For some of our men think, they have found them in the 14. of the Acts, ver. 23. But * calvinus. other better learned than they, do contend, that by the word, Presbyteri there used, ministers and preachers be understood. Likewise our men say, that the first to Timothy, cap. 5. ver. 17. where it is said: The presbyters or elders that rule well, are worthy of double honour, doth sufficiently prove the office of their seniors only to consist in ruling, and not in preaching. But a * Beza. great learned man (yet a savourer of that platform) saith: These elders did both rule and preach. In like manner * Discip. ecclesi. fol. 217. some of our reformers do send us for the description of the qualities of these seniors which they dream of, unto the 1. of Timothy, cap. 3. from the 8. ver. unto the 14. where in deed the qualities required in deacons are described: yet * T. C. pag. 51. other of our own also, do refer us for the properties required in them, to the first verse thereof, and so to the eight, where the properties of a Bishop are described. And where S. Paul saith, Aduer sus presbyterum, &c: Againsta priest or elder receive no accusation but upon two or three witnesses: that * Admon. 2. pag. 46. is (saith the admonitioner) against lay seniors or governors: yet * calvinus. others of the chief favourers of them, do confess the place is meant of the ministers of the word. * Eglise des estrangers à Londres. An. 1150. And others do fetch them from the word governments, 1. Cor. 14. And as they differ amongst themselves, in what part of scriptures to find their seniors or elders: so they can not agree of the immediate Genus, or general word, which containeth them. For some use this division: Of deacons, some are elders or governors, and some are such as provide for the poor. Other say: Of Bishops, some are ministers, & some are seniors. And again: Of elders, some must teach, & some must only rule, and others both rule and teach. Some a Discipl. eccles. fol. 123. of them also do assure themselves, that the name of elders is never imparted to deacons in the scripture: b A written book not published. ●ol. 79. yet others are bold to give this rule, that all ecclesiastical officers, of what calling soever, are called in the new testament Elders or Seniors. Of which judgement also c In 14. Act. Beza seemeth to be. So that we see, if lay seniors be any where to be found in scripture, some of them will start them up in one place or other: either by the name of Presbyteri, Diaconi, Episcopi, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. These their seniors also, aswell as the rest of ecclesiastical officers by their platform and devise, must be found of the goods and revenues of the church: for the which purpose, and for better supply of them, is that their intention of dividing the whole realm afresh into parishes, by uniting two, three, or more together, and the laying down of all patronages, and adjoining of all Bishops and cathedral churches revenues, and of all impropriations unto them. And to that end also they do allege, that he which serveth at the altar, must live of the altar. But how can this stand with * Beza in praefat confess. Heluet. that advise which is given, for the choosing of Princes & Noble men into the signory, or with the practice thereof in some churches, where Noble men did undertake that office? Shall we think it meet, that the revenues of the church should be allotted out to their maintenance according to their degrees? Truly, either they must have short commons, or else their churches and several parishes must content themselves without many such Semors. Now let us also briefly consider, what they teach concerning the persons, that are to serve and to belong to this presbyterial government. Our men in their books do attribute the chiefest degree of dignity in their ecclesiastical kingdom, to the pastor; the next to the doctor: the elders, whether knights, lords, earls, dukes, or princes, must content themselves to be reckoned in the third place; and the deacons in the fourth. Yea, the discipline of France suffereth the matter of pre-eminence betwixt deacons and anciens, to be whelie undercided; where * Art. 6. de● Anciens & Diacres en la discipline de France. they say: The deacons and anciens may not pretend any pre-eminence or superiority, the one above the other. Now it must needs be intended, that the pastor is above the deacon: whereby it will follow, seeing they do weigh the deacons and anciens alike, that the pastor is to be preferred afore them both: which will no doubt be a very seemly matter, where he is preferred in commission above his sovereign Lord. Yet * Simlerus de repub. Heluet. fol. 172. at Saint Galls in Switzerland, where ministers have an ordinary authority with the rest in the Presbytery, it is thought more agreeable with scripture, that a mere lay man should be chief, and so do they use it. Again, the consistories of Zurike and Basil do wholly consist of lay men, yet certain Divines and Ministers are ●oined as assistants to them. But at * Simlerus ibid. fol. 148. Schaphausen, ministers are not so much as called to be assistants. But the reformed churches in France do clearly determine, that the ministers are, and aught to be Precedents and chief in their * Art. 4. du Consistoire, en la discipl. de France. & Daneus 2. part. Isago. li. 2. cap. 20. consistories. For they say: The ministers of the word of God, and the anciens make the consistory of the church, over which the said ministers ought to be precedents. Howbeit in the very next article they set down: * Art. 5. en la discipl. de France. that A civil magistrate may be called to the charge of an ancien in the consistory, so that the exercise of the one shall not hinder the exercise of the other, nor shall be prejudicial to the church. Whereby may necessarily be concluded, that they think it requisite, the pastor in the consistory to take place before the prince, if he be vouchsafed that worship, as to be called amongst them. Yet by their leaves, they provide not herein so fully for the pastors sovereignty in that government as they ween, if matters come to be decided by most voices. For it can not be credible, but that the prince or any Nobleman, or great Gentleman shall easily be able, to win his fellow-assistants in consistory, being in all other respects far his inferiors, and many ways by all likelihood devoted unto him, to be of his judgement, whensoever it shall happen that the Pastor and he do vary in opinion. For I have not red that they mind in all matters to make the Pastor only of the Quorum. And no marvel though they thus debase Princes, by making them range with the rest of their Seniors and Church-governors: considering how much soever they sarre in other points, yet they jump in this: to debar princes of that right of government in matters and over persons ecclesiastical, which the word of God, and all the examples of godly kings in juda doth afford unto them. Therefore one of them as in great scorn most slanderously, & untruely a Soldier of Barwike. pag. 8. saith: That for the prince's pleasure, popery is turned into policy. And afterward b Ibidem. more traitorously, If the prince with Gedeon, Nadab, Abihu, Vzza, Vzziah, and Saul, will intermeddle without God's warrant, as she hath done, pag. 152, lin. 20. with matters of religion. pag. 157, lin. 4. with God's matters, pag. 141, lin. 21. she must think it no injury to be disobeyed. pag. 143, line. 13. Agréeablie to which, though not so round and peremptory, is that mislike which another of them hath hereof: * T. C. pag. 157, 161. that her Paiestie hath pre-eminence and chief authority in determining of church causes, and making ecclesiastical orders and ceremonies: and likewise * T. C. pa. 161 that her Majesty in counsels for church matters, is the cheese, who should be only there an assistant. A third of them also thinketh it inconvenient, * Admo. 2. that without her majesties assent, ecclesiastical persons cannot make orders or ceremonies. In which respect the a T. C. other before alleged, thinketh it expedient, that her Majesty should be of some particular parish, and so in subjection to the censures of a presbytery, either to be suspended or excommunicated, as occasion shall require. Therefore a fourth of them prescribeth generally to princes, and all other whomsoever, if they be not of their presbytery, b Ecclesiast. discipl. pag. 142. thus: Of all these in a manner this is the only duty, that they suffer themselves easily and willingly to be ruled and governed by others, whom God hath set over them. But more particularly c Ibi. pa. 285. elsewhere speaking of kings and magistrates, he saith: These no less than the rest must obey and yield to the just authority of the ecclesiastical magistrates. Therefore another besides all these saith, that not only d Daneus. par. 2. Isag. li. 2. cap. 62. The consistory may and aught to admonish the magistrate, which is negligent in punishing vice: but e Ibid. ca 67. also may upon knowledge of the cause taken, excommunicate even the chief magistrate, unto the which he ought to submit himself. And therefore he saith, that which is brought as out of Augustine, that a prince may not be excommunicated: In additio. ad. 3. 2. Thomae, doth not hinder this, because it is false. And lest this duty, though it be very rigorously exacted, should but slenderly be performed, one of them f T. C. pa. 645 also saith: Princes must remember to subject themselves to the church, and to submit their sceptres, to throw down their crowns before the church, yea, to lick the dust of the feet of the church. Meaning (as appeareth) by the name of the Church, their presbytery. And * Br. another (whom I would not deign to speak of, but that he agreeth with them herein) saith: Kings must be bound with chains, and the nobles with fetters of iron: meaning by the authority of the eldership or presbytery. And again, They must obey the sceptre (that is to say the government of Christ in their elderships) if they be christians, which sceptre subdueth people unto us, and the nations under our feet. Moreover, speaking of her majesties sovereignty in causes ecclesiastical he saith: The head Christ is pulled down, and the hand of the magistrate is set up. But as we have now seen their joint accord, in taking from princes, and throwing them down from that power in ecclesiastical government, where with all God hath adorned them: so let us consider how much, nay hold little some of them do attribute unto princes in this behalf. For although our Abstractor, who can temporise and play the part of a politic proctor of Presbytery patrons, a Pag. 92. doth say, That her Majesty is a sovereign, a sole, and a lawful governess in all causes, and over all persons ecclesiastical: yet other of them (whom he loves and likes full well I dare say) do b T. C. give authority unto princes, to make ecclesiastical decrees, only when there is no lawful ministery. Notwithstanding others of them c Admo. 2. pag. 8. 57 think, they may yield no further power unto princes, than to bind them to the restoring of their ecclesiastical presbyteries: that after that once performed, they themselves may make up their church-orders; according unto which the reformed churches in France do attribute no more to the civil magistrate here in, but d Art. 24. de la discipline du France. that Where the ministers do sail in duty, there he must endeavour to cause them to be admonished according to the order of the discipline: that is, by the Consistories, the Conferences and Synods, either Provincial or national. Therefore e Danaeus par. 2. Isag. li. 2. cap. 17. one of them saith, that This is the interest which good and faithful magistrates have, that if they be present at the first nomination and election of ecclesiastical persons, yet they ought not to rule there. For they may not nominate to the people or senate ecclesiastical, the persons to be chosen. But a Ibid. ca 19 in another place he confesseth, that in old time the king's consent was required to be had unto the Bishop which was chosen, Bernard. epist. 170. etc. Reatina. dist. 63. before he was presented to the people. And in the same place he addeth: That when the Bishops See is void, the prince ought not to enjoy the fruits of the Bishopric. Which (saith he) though by the royal prerogative it be observed in France. Yet Bernard. epist. 224. doth justly find fault with it, because the said fruits might better be disposed of, to the nourishment of the poor. Yet one of our b Disciplina ecclesiast. own men dealeth a little more liberally, and saith: Herein there is something proper and peculiar to the magistrates, that they by their authority may order the state of the church at first, and so preserve it being once ordered, according to Gods will. So that their meaning seemeth to be this, that the prince must lend her authority, for the establishing of these their devices, and see that no man interrupt them in their government from time to time, and so surcease, and submit her own Highness and her sceptre, in all church mats to be ruled by the substantial honest men, and the minister of the parish, where it shall happen her Majesty for the time to remain. For otherwise c T. C. 2. repl. pag. 165. one of the chief of them is peremptory and resolute, that the prince hath not, nor aught to have any ordinary authority, for the making, appointing, or determining of any ecclesiastical causes, orders, or ceremonies. Whereby it may appear, that this whole suit of them do agree herein just with the Papists: who do attribute unto christian princes Power of fact, but not of law: and authority to Promote and set forward, but not To appoint or intermeddle with making of ecclesiastical orders. And yet forsooth, they do tell us in great earness, d Admon. 2. pag. 2. that There is nothing in their books (written of this matter) that should offend any, which either be, or would seem to be godly. Now, about those that are to be implosed in this new kind of church government, there are diverse opinions: for the Discipline of France doth a Des professeurs en la discipl. de France. mention certain Regent's and also Professors in divinity, which may be called, when a question about decision of any point of doctrine doth arise: neither of which persons or offices, are mentioned in any of our platforms, that I remember. Again, our b Admon. 1. pag. 9 men do make ministers to be of two sorts, the one pastors, and the other doctors; so that both these two must concur, as necessary members, whereupon with the elders and deacons, their presbytery must be raised: but c Du Baptesine art. 3. La discipl. de France. the Discipline of France maketh not a distinct person of the pastor from the doctor, but noteth them as two several properties incident according to the doctrine of S. Paul, to be in a minister and preacher of the word. And that is also the judgement of Bullinger upon the 4. to the Ephesians. Also our reformers make the doctor to be the second man in their presbytery: yet d De eccles. cap. 14. Bertrand affirmeth, he ought to have no place there, except he be called by the rest as an Assistant. e Admon. 1. pag. 9 & 11. Likewise our men with us do hold, that deacons are to be placed in their consistories and presbyteries: but the f Ibidem. said Bertrand assureth himself, they have no place of duty in that assembly. And such also is the practice of the church of France, g Du consistoire art. 4. le discipl. d● France. where they decree thus: The ministers of the word of God, and the anciens do make the consistory of the church, over which the said ministers ought to be precedents: and yet nevertheless the deacons may give assistance to the consistory, for advise unto it: so that they allow them a voice consultative, but not decisive, in their church government. Furthermore, our innovators will needs have the deacons tied to the provision for the poor, so that without great impiety such a function in them may not by any other devise whatsoever, be altered: yet h Simlerus. fol. 752. in the reformed church of Zurike, certain late men, without any imposition of hands, are monethlie chosen for that purpose, and have the managing of the church stock. a T. C. pa. 192 Some of the principal enforcers of this new government, will needs have an order of widows in their church plat. And b Dane. part. 2. Isagog. lib. 2. ca 11. another of their favourers though he setteth down no necessity thereof, yet he thinketh it very commodious to be retained: yet c Eccles. discipl. pag. 219 other of them not meanclie accounted of, would persuade us (as he may herein easily do) that they neither are necessary now, nor convenient. Likewise our men do tell us, that their elders or seniors once chosen, are not (but upon some urgent occasion) to be removed out of the presbytery: yet d Simlerus. fol. 157. the church at Berna holdeth it expedient, that none do continue in that function above half a year, except he be newly elected. And the discipline set forth by the church of France doth e Des anciens & diacres art 7. lafoy discipl. de France. testify, that The office of anciens and deacons (as they use it) at this present is not perpetual: nevertheless they may not departed from their charges, without leave of their churches. And f Danae. part. 2. Isag. lib. 2. cap. 22. another of them saith, that Although it doth not appear what was done in this behalf in the church, when the apostles lived, and albeit it be evident, that in the church next to the apostles times presbyteri and deacons were chosen during life: yet in their church, pastors only are chosen for the most part for the term of their life; but deacons and presbyteri or seniors, after a certain time expired, do go forth of their office, and are honestly dismissed. Furthermore g T. C. our men do constantly affirm, that this their devised presbytery ought to be erected in every parish: but another that did h Bucer. partly like of such a reformation, thinketh it sufficient to have one such consistory established in every shire or diocese. And i Danae. part. 2. Isag. lib. 2. ca 10. Danaeus saith, that in old time such presbyteries were not erected in every several parish, but in great and populous cities. Which like course also somewhere to have been practised, many do know, and can testify. Yea, and of the other side we do read, that in some one particular * Du consistoire. art. 8. lae discipl. de France. church, two several consistories or counsels have been established, till upon inconveniences arising, that devise was countermanded, and both reduced into one presbytery: those counsels which were dissolved, being permitted (upon request made) to come and consult with the consistory. But now I will pass on, to touch as brieslie as I can, some of their judgements, touching such matters as are to be handled in their presbyteries, consisting in election and abdication of church-officers: in execution of the censures of the church, and in decision of matters touching manners or doctrine, and making of laws, orders, and ceremonies. Now a Admon. 2. pa. 14. & 31. by the platform set down by our reformers, if any party stand discontented with a matter passed in the presbytery, than there lieth an appellation to the next Conference (which b La discip. France, art. 15. consisteth, as the French discipline describeth, of six ministers at the least:) from thence to a Provincial council, and then to a national; and if it can not be so finished, and be also of great importance, it may be again removed to a General council. But the discipline of France doth not think it meet that any cause should be brought so far: and therefore c Des Synods nationaulx art. 5. lafoy discipl. de France. decideth that the national Synod may decide definitivelie, all ecclesiastical matters whatsoever. And as concerning the first point, although it be most evident, that no one uniform manner of electing of ecclesiastical officers was used by the Apostles, nor commanded to the church afterwards, so that the church is left at liberty to practise that form herein, which shall seem most convenient, considering the circumstances of time, persons, & place: yet d Admon. 2. pag. 14. our Innovators do appoint necessarily, the choice and providing of a pastor or doctor, to rest in the next Conference, whom (being presented unto them) the people are of necessity to like and allow of, except there may be sufficient matter objected against them. But the discipline of France, though e La discipl. de France, art. 5. it allow even of such ministers (so they will subscribe to the articles of faith & the book of discipline) as have been chosen by the whole multitude, and f Ibid. art. 4. of those ministers also that were before that time chosen by the consistory, and by one only minister: yet they g Ibidem. set down three other ordinary forms to be observed of choosing their ministers, all differing from our men's platform. One is, by two or three ministers, and the consistory: another is by the whole Conference where any such is established with the Consistory or Presbytery of the place: and the third (as most to be wished where it may be had) is by a provincial council. But our Abstractor varieth in conceit from all these, and pricketh nearest to the platform of Th' Anabaptists, who think no calling into the ministery to be according to the will of God, but that which is done by the whole multitude of that congregation, where he is to serve. And therefore he * Abstract. pa. 60. 61. 62. saith, that By the statute law of this land, by canon law, yea and by God's ordinance in the apostles, when the deacons were chosen; the people of the place destitute of a pastor, must be present, and give their consent at the choice of their minister: that they must give their consents as having a principal interests in the action, and must not only be eie-witnesses and eare-witnesses to the Bishops upright dealing, but also must be agents and cohelpers themselves: that they have in the choice, allowance, and appointment of their minister, a special interest and prerogative, in so much that he which thinketh this may receive by any a counterbuff, he (for his part) holdeth him accursed, and so utterly unworthy the name of a disciple: By which peremptory and definitive doom, he hath given a buff and acounterbuffe indeed, not only to this church of England, but to all our new reformers here, to the French church, and almost to all the reformed churches in christendom: whereof very few or none (that & can read of) do permit (after they be once established) the election of the minister unto the whole multitude; for the which cause they must remain under his curse, till it shall please him of his own mere motion, without any suit of theirs, to release them again. For some * Danae. par. 2 Isag. li. ca 17. other of the best learned of that sort, will not have the magistrate or people to have any thing to do in the election, till it come to the second election or dijudication by the magistrate and the people, wherein, * Ibid. cap. 20. their silence (he saith) without any other sign or token, shall be holden for a sufficient approbation: * Ibid. cap. 19 and although he thinketh it in some respects not to be used, that two or three should be propounded to the church for the void place, but rather one alone, contrary indeed to the true nature of an election, as he himself observeth: * yet because Ibid. cap. 20. some was of opinion, that in all elections, we were to use lots, he refuseth their judgement, and saith, that this is never to be used, but when there is such an equality of all sides, that otherwise it cannot be judged, which of many aught to be preferred. Furthermore, our reformers by the drift of their speeches delivered in their books, do seem for the most part to attribute the removing of the pastor, or of any other church-officer to the presbytery: but * La discipl. de France. art. 34. the Discipline of France adjoineth to the Consistory in this action, the next Conference; or upon want thereof, two other pastors not suspected. Nay themselves do establish a difference according to the diversity of times, in their own elections. For they say, that In those places where * Des anciens & diacres 〈◊〉 1. la disci. de France. their order is not yet established, both the deacons and anciens shall be chosen by the common voices of the people, together with their pastor: but where the order is established, there they are to be chosen by the Consistory together with their minister. By which words also it seemeth to me, that in elections of ecclesiastical officers, they do yield to their ministers a negative voice against all the rest. Again, Our reformers do earnestly tell us, that the people are to give their consent in all their elections and censures: but * L● confutation de la dis. ecclesiast. some in France, that like of that government, do hold that it is not requisite. Again it is an usual practice among some of our mislikers, upon any discontentment, or peradventure upon delight in some other trade of secular life, to pick a quarrel to give over their calling: insomuch that some of them have delivered it as sound doctrine, that they might as lawfully as any other merchants, change their copy, and betake themselves to a secular function. But this is utterly condemned by the discipline of France, where they say * La discipl. de France. ar. 10. that Those which be once chosen to the ministery of the word, aught to understand, that they are chosen to be ministers their whole life through, if they be not thereof discharged lawfully, upon good reasons and considerations; yea, and that by a provincial council. And as touching such as forsake their ministery, they shall be finally excommunicate by the provincial synod, if they repent not. Now, touching the inflicting of ecclesiastical censures, there is also some variety of judgement. Our men (as you have heard) require a consent or approbation of the people to such censures Ecclesiastical, as are to be imposed; whereas the discipline of France * Des delinquans, etc. art. 1. la disci. de France. requireth no such matter, but appointeth three public denunciations by authority of the presbytery to be made concerning obstinate offenders, in the face of the church, to see whether thereby they may be called back to repentance, before excommunication: which at the last, if the parties do not submit themselves, is to be pronounced by the minister, after the said three public intimations. Likewise, where upon special occasion some minister is to be declared a Schismatic, by that discipline, none other are to * Art. 5. la dis. de France. intermeddle therein, but either the Conference, or for want thereof, three or four other ministers of the next churches, together with the Anciens or Seniors of the said churches. Nevertheless, it is very evident by * 1. ad Cor. ● scripture, that S. Paul being absent did decree, that the incestuous person should be excommunicate, having there to neither public denunciation afore, nor yet consent of any other minister, signior, or deacon. In * 1. ad Tim. 1 like manner did he alone excommunicate Alexander and Hymenaeus. But the Abstractor both utterly against our own Reformers, and the discipline of the French church saith, that * there is a Pag. 4, 37. Discipline commanded by the Lord, and in truth established by the laws of her highness empire: which * is, Pag. 33 That every minister may as well admonish, denounce, and excommunicate offenders within his charge, as a Bishop may within his diocese. So that he attributeth the whole authority of the presbytery in matters of censure to the minister of every parish: and the power given by others unto the Conferences and Synods provincial, he yieldeth (as it seemeth) unto the Bishop of the Diocese. There remaineth yet a little to be touched concerning as well the decision of all doubts, which may arise touching doctrine or manners: as also the making and establishing of laws, orders, and ceremonies. For doubts arising upon matter of doctrine, some of our plat-laiers do make it, as a thing incident to every presbytery: yet * Ad. 2. pa. 10 other of them do refrain it unto the decision of a Conference consisting of Ministers. And * Du consistoire art. 10. lafoy discipl. de France. the discipline of France doth refer it both to the Conferences, and the Synods determination, yet so that the Ministers and Professors in divinity must only have voices decisive, though the Anciens or Seniors may have voices consultative, and of advise. Neither is their agreement any better, touching particular decisions of some points of doctrine. For some of them do mislike the orders of our church so far, that they think they may not lawfully come to our ordinary service, nor communicate with us, for want of their (dreamt of) reformation: but others, though very well disposed, yet scrupulouslie affected in matters of no moment, do * plainly testify under Certain godly ministers. their hands, that this is schismatical, and that no man ought to sequester himself from the public assemblies, in respect of any surmised inconveniences, in our public liturgy prescribed. Again, some are of opinion (as elsewhere before is alleged) that Baptism ministered by any not lawfully called thereunto, is wholly void: but our Abstractor thinketh, though many of such as are commonly reputed ministers, are none indeed nor in law, yet * that a Pa. 97. 98. 9● common error conceived otherwise of them, shall make good and forcible the administration of sacraments, and of other functions of the ministery, executed by them. Also some of our Hot spurs cannot abide the having of godfathers and godmothers, because they are not mentioned in scripture: but the Discipline of France, though it cannot * Du baptism art. 6. lafoy dis●. de Fran●●. exact them as of any necessity, being not commanded in the scripture: yet doth it very well allow of them, and establish their continuance. Likewise * T. C. pag. 14● some of our chief Reformers do wholly mislike, that baptism upon any occasion is ministered in a private place out of the church: but the discipline of France thinketh this no unlawful thing, and therefore adviseth the minister, not * Du baptis. art. 7. da disci. de France. to doubt to baptise a child privately, and without any assembly, when as for fear of persecution or such like, they dare not meet together. Again, some of * T. C. p●g. 152. 153. ours do think it simply unlawful, to have any holiedays, as the feasts of the Nativity, Easter, and Pentecost, besides the Sabbath day, because they think it an absolute precept, Six days shalt thou labour. But the church reform at * Ca 8. de Ferijs, in libro de ritibus eccle. Tigurin●. Zurike, yea and most of the reformed churches in the world do observe some such feasts, besides the Lord's day. Furthermore, our Abstractor (as you have heard) doth condemn it as unlawful to have those retained to be ministers of the gospel, that have been Popish priests, and the like is the opinion of the * Admon. 1. Admonitors. But * La discipl. de France. art. 3. the discipline of France doth permit both Bishops and Priests to aspire to the ministery of the gospel, after renouncing of their former faults: yet so as * Dan●us part. 2. Isoq● li. 2. cap. ●2. another of them doth teach, that they may not aspire to any higher ecclesiastical office, than they had afore, but retain the old, and that also with a new creation: because the old character (he saith) is by the heresy worn out. Again, it is very usual with many of reforming humours, to take no benefice or set pastoral charge, but to preach there, where they either have a sufficient preacher already: or in great towns, where least need is of their help, and they are in that respect with many better accounted of. But our Abstractor condemneth all such absolute ordinations without any certain title, and this vagrant kind of ministery, and so doth another great * T. C. pag. 63. man amongst them: which misliketh wholly, that any are suffered to preach which hath no pastoral charge. Whereby he withal doth covertly condemn all such, as under the name of doctors, as an office, not as a degree of schools, having no title, but being set up and hired to discountenance the pastors, do invade their cures and charges oftentimes even against their mind and good liking. Also the same man condemneth as unlawful, and thinketh it is T. C. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for one minister to preach in another's cure. Yet those amongst us, that otherwise stand like affected with him, do as much use and practise this as any other. And a Des minist. art. 18. la dis. de France. the discipline of France setteth down a form, in what manner one church may lend a minister unto another: and b Ibid. ar. 17. decideth likewise, that with licence of two or three other ministers, such as have departed from a church upon occasion, may preach, before the matter (for their placing again) be ordered by the Conference or Synod. It hath likewise been holden and defended publicly, that it is sincerely unlawful to shift from any congregation to another: but c Ibid. art. 10. 12, 13, 16, 27 the reformed churches of France do in many cases permit it. Now as concerning the establishing of laws, orders, and ceremonies, and in the things themselves, there is like variety of judgement among them. For some d Admo. 2. pag. 46. of them do yield authority to every consistory to make and abolish such orders and ceremonies, as they shall think convenient for the rest of the congregation; and in this respect e Ibid. pa. 11. they hold, that every presbytery may differ from another in orders and ceremonies: but f Eccles. disci. 726. other of them would have no such thing ordered, but either by a Provincial or national synod. And the discipline of France doth think it most expedient, that all the churches of one nation, retain an uniformity of orders and ceremonies, to the which they a Du consistoire art. 2. lafoy discipl. do earnestly exhort those churches amongst them, which at the first had received some other form: for which purpose they do also require a subscription, unto the form of their discipline, and do b Du consistoire art. 19 en la discipl. de France. prescribe it to be read in their consistories at the least at the times of Communions. Our Reformers do plainly tell us that the duty of the Seniors doth only consist in ruling, and the deacons in providing for the poor: but till it was otherwise ordered in diverse c Des anciens & diacres, art. 3. & 4. ibidem. reformed churches in France, the deacons did publicly catechize, and yet still for the necessity of the times, they and the seniors are permitted (being thereunto chosen by the consistory) to catechize in private families. Likewise d Admo. 1. pag. 6. 16. at the first our Reformers did wholly reject a prescript form of prayer and divine service in the church, upon occasion peradventure that the French churches upon certain e Du consistoire. art. 2. considerations to themselves best known, had refused the having of ordinary prayers every day, morning and evening, in the church, when they had no sermon. But now (I take it) having heard that in f Videritus ecclesi. Tigutinae. most reformed churches, yea even in Geneva and in Scotland, they retain a prescript form of liturgy, they are content to let that conceit vanish. Again, it hath been thought and is yet by some a very heinous superstition to communicate in unleavened bread: but it is notorious that yet this kind of bread is used, and hath been long in the church of Geneva; neither could they ever be induced to change it, because of the great inconveniences of all innovations, where the thing is not in itself wicked. moreover our Innovators do constantly hold, that causes of matrimony, incest, adultery, divorces, and such like handled in courts ecclesiastical with us, are mere civil causes, & not to appertain to their reformed Consistories: g Simlerus fol. 148. 157. yet the churches of Helvetia do still entertain the knowledge and punishment of such causes and offences. Yea, and the Consistories of France do intermeddle with causes matrimonial, as where they permit a Des marriages, art. 1. lafoy discipl. de France. authority to the Consistory to licence such (if they see cause) to entermarrie, whose parents frowardly do refuse to yield consent unto them. Likewise b Ibid. art. 4. where they have decreed that it is lawful for a man to marry the sister of her, unto whom he was only espoused and betrothed. And c Ibid. art. 17 where they permit him to use his liberty to retain or leave his wife, which hath been convicted of adultery. Moreover, diverse of our Reformers do think it unlawful, as the Abstractor in this book, for an acclesiasticall person to have any civil function: d Du consistoire art. 5. ibidem. yet the discipline of France, and their own whole platform do permit a civil Magistrate retaining his former office to be chosen a Senior in their ecclesiastical Presbytery, & so to become an ecclesiastical person: yea they do e Ibid. art. 3. prescribe to their Ministers to make passports for passengers from one church to another, which is a civil duty, as may appear by the like practice by justices of the peace with us. And (I pray you) is not this a good conversion, and a sound reason: Some civil magistrate lawfully is an ecclesiastical person and governor, Ergo some ecclesiastical person and governor lawfully is a civil magistrate? And if some may be so, what prerogative may be alleged for any one, which may not be showed for others? Again, it is thought by our Innovators to be a great inconvenience to be barred from publishing what books (concerning religion) they shall think good, which appeareth by their late practices and disobedience to laws in this behalf: yet it was thought most expedient in the reformed churches of France, to f Advertisement, art. 11. lafoy discipl. de France. forbid, that Neither ministers nor any other should cause to be printed or any otherwise published any books compiled by themselves, or by others touching religion, without imparting the said books first to the Conference, and if need were to the Provincial synod. Also in the reformed churches there, it g Des Ministers, art. 11. lafoy discipl. de France. was thought most meet that Noble men and great Lords, to the intent all occasion of division might be rebated, should be requested, that in those places of their abode, where there was a church reform, although their own family were so large, that it might make a sufficient Congregation, yet it would please them to join their family with the Congregation of that place, where they did remain. And amongst us many be so scrupulous, that they think those words used in the ordering of ministers, which Christ did use in the like action, to wit, Receive the Holieghost, to be very foully abused and profaned: yet in the a La maniere de la imposition. manner of Imposition of hands ordinarily observed in the churches of France, in the election of their ministers, it is set down that the said place of S. john should be amongst other places, at the said time and action repeated and treated of, with that also which is annexed, to wit, Whose sins ye remit, etc. Likewise our Reformers of others, are so unwilling to be reform, conformed, or uniformed themselves, that they think they are wonderful hardly dealt with, and beyond all example of other churches, to be urged to subscribe to the articles and confession of religion, and to the manner and form of external discipline and government used in this church of England, whereof they are ministers: yet the church of France, which is so admired by them, and set as a sampler by them to be imitated, and according to which for the most part they have drawn out their platforms, exacteth b Des Ministers, art. 5. lafoy discipl. de France. of every one That hath been chosen a minister by the people, to subscribe unto the articles of faith, and to all the order of discipline agreed upon amongst them, which if he refuse to do, he is by the Conference, or by three or four ministers of the next churches, together with their Anciens, to be declared a schismatic, and the people is thereof to be advertised, to the intent they may avoid such a man. Also c Ibid. art. 9 those which be chosen ministers must subscribe to them, both in the churches where they are chosen, and also in the churches whither they are to be sent. Likewise d Ibid. art. 11. ministers in Noble men's houses, though they have none other care, are tied to this subscription. Again, a Des anciens & diacres. art. 1. lafoy discipl. de France. their Seniors and Deacons are also before their admission to their offices, to subscribe unto them both. And b Des professe●●s. ibid. further, even their Regent's and Professors in divinity are by them required to subscribe, aswell as the rest. And the like order is observed (as is notorious) in the most, or in all the reformed churches in Germany. In all which places (as we may see) it is thought a great absurdity, for a man to retain any ecclesiastical function in that church, unto the orders of which by law duly established, he can not find in his heart to subscribe and condescend. There is yet also another material difference amongst them to be touched. For c De Polit. eccle. & Reipub. some of them do attribute equal authority unto all the people in this their Regiment with the Presbytery, clean contrary to the most platforms set down hitherto thereof. And although (as we have now heard) their varieties in judgement be so many and so manifold: yet our men are so insolent against all other orders and forms of church-government, and so besotted in the love and admiration of their own imp, which they have begotten, but not as yet licked into any perfect form; that they dare condemn all churches, which are not squared in external government, according to their Lesbiall leaden rule, which every one of them will wrest and bend, as his fancy will feed him on. So that one of them is not ashamed to say, d Admon. 1. pag. 2. that As the estate is now of the church, there can be no right religion. Also, e Admon. 2. pag. 6. that The truth in a manner doth but peep out as it were behind a screen. And f Admon. 1. pag. 2. again, We want in England a right ministery of God. Wherein he differeth from our Abstractor, as much as the Abstractor in another place differeth from himself, who is content to allow unto us, some to be right ministers in deed. Therefore considering the great benefits of almighty God, of the true preaching of his word, and due administration of sacraments, which by her majesties ministery he hath in mercy far above descrt powered upon us, which these unthankful wretches do thus abuse and extenuat, in respect that they can not obtain their own wills; we may of them truly verify that saying of Gualther, which he spoke * Gualther. in 1. Cor. 11. against such like men: All these things they esteem as nothing, except a new magistracy may be erected, unto whom it may appertain, not only to control even princes themselves, but also to excommunicate them. Now all these contrarieties and differences in judgement, concerning their devised church-government, being well weighed and considered: I would ask of our Abstractor, or any other affected that way, which do imagine as perfect a law, for the government of the church, by discipline, as by doctrine to have been delivered by Christ unto his church: Where and in whose books that law is described and plainly proved, out of the word of God unto us? uz. Whether by these men's platforms, which I have mentioned, agreeing so hardly among themselves, or by some one of them, or yet by none of them: but that we must expect some other more skilful than all the rest to arise up hereafter, to reconcile or confute all those, which have hitherto written hereof? Whether it be good and sound divinity, that hath been alleged, concerning excluding christian princes from their government in church matters, of excommunicating them, of releasing their subjects from obedience, and in some cases of deposing them, or no? Where any pregnant and concluding proof may be found either in scripture, or any antiquity, which doth justify the government of church matters in every parish by the minister, and by certain men termed Presbyteri, being otherwise mere lay men, and of no ecclesiastical function? Whether if the general conceived error, be not by law sufficient to make the marriages and baptizings of force, which hath been done and celebrated by such as our Abstractor reputeth not to be ministers: would he wish them to be remarried over again, and baptised afresh by such as he taketh to be ministers indeed, as having been hither to not baptised: and so make void all benefits of subjects by purchase or descent hitherto grown unto them and to their children, according to the course of the common laws of this land, or no? And in case that either he, or any other be of judgement, that the baptism conferred with water and the words of institution seriously pronounced, by him that is no lawful minister, neither in fact nor reputation; or by him that is in reputation only one, and not in deed nor in law, be so utterly void, that the party ought to be baptised or dipped again: Then I do demand, how this may be warranted, either by the word of God, or example and testimony of antiquity, in the time of the primitive church? Further I demand hereof, why all those in like sort which have been baptised by Popish priests, whom our Abstractor holdeth neither for lawful ministers indeed nor in law, and who were but admitted at taking order of préesthood, Ad sacrificandumpro vivis & defunctis, ought not as well as the former, to be baptised again? Again, why the sacrament of the supper should be to the true receiver thereof, at the hand of an usurper, and no lawful minister, more effectual, than the sacrament of baptism by this supposition is, being conferred by the same man unto his child, which is the seed of the faithful? Whether the inequality of God's gifts for the building up of his church, being the chiefest ground of the inequality of rewards, to the ministers thereof: must we yet of necessity and in justice require, as great ability in him, that hath but twenty nobles or ten pounds by year, as is required or to be found in him, that hath an hundred marks by year to maintain him? And whether the like difference and inequality both of gifts and rewards be not to be found in the uplandish towns of their dominions and territories, which our reformers think to be without spot or wrinkle in their external government? Whether such a minister that is of reasonable knowledge in diverse points of doctrine, yet not able either to preach methodically, or to confute errors and heresies sufficiently (as he that would improve the praying for the dead out of that place: There is a sin unto death, for the which I say not that you shall pray: Whether (I say) were it more expedient to permit him to preach and to expound publicly, or but to read godly and learned homilies, and to exhort and dehort his parishioners only, as present occasion should be offered? Whether in any other reformed church beyond the seas, where no such rite is by law established, if a minister would needs continually wear a surplice in his ministration, might he, ought he in justice, or should he in fact, be put from his ministery, for the disturbance of the peace and uniformity of that church, or no? Whether a minister in the like foreign church, after monitions given unto him to the contrary, that will nevertheless publicly in his sermons inveigh against the use of unleavened bread in the sacrament, or simply or absolutely condemn all usury, whether it be biting, or but nibbling, as sinful and wicked, (the orders of that church being in both to the contrary) might in justice, or were like in fact, to be removed from his ministery in that place, or no? The end of the Appendix to the former Treatise. Pag. 107 DISPENSATIONS FOR MANY BENEFIces unlawful. QVIA NONNULLI, etc. Forasmuch as some, putting no measure to their covetousness, Extra de ele. non residen. c. qui● nonnulli, etc. 1. de consuet. lib. 6. 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 ought to be committed. we will such a parson to be sought, that may be resident in the same place, & discharge the cure by himself. And if any thing shall be 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 Pag. 108. 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 Whosover 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, & to discharge his c●re, 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, & to discharge his cure by himself: 3 Therefore it is not to be admitted, that one should have many benefices. Again: QVIAINTANTUM, etc. Because the ambition of some extravag de pre●end. quia in tantum. 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 & 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 & 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 Pag. 109. 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, roaging, and dissolute ministery, is not to be tolerated: 2 But for one man to have many benefices ministereth matter for a gadding, a roaging, 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 diverse 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. unde cum IN EODEM, etc. Sithence therefore it extravag de elestio. ca dudum. 2. unde, etc. Ex travag. de prebend. ca de multa. is ordained in the same counsel, that whosoever shall receive any benefice with cure of soul aunexed, if before he obtained the like benefice, should by la itself be deprived of the same, and should also be spoiled of the second, 〈◊〉 case he contended Pag. 110. 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 & breach of la. And by retaining benefices, which belong not unto him, forsomuch, as upon the receipt of a second benefice, the former by la is merely void, he hath by consequence contracted another man's goods, & 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, forsomuch 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 another 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 unto another, and therefore after a sort committeth theft or ravin: 3 Therefore, etc. Pag. 111 ECCLESIASTICI IVRIS officia singulis quibusque personis 89. Distinc. c. singula. 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 another, 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 diverse 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 & 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 ministery and function of several things shall not be distributed to so many several persons. And in another Chapter. L●●●o elder have two Churches, both because it is 16. q. 7. c. per Laicos in fi. a proper kind of merchandise, and filthy gain, and also altogether contrary to the custom of the Church. 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 men: but to recite all, were a labour superfluous, considering the effect of all is contained in these. And yet Octobones provincial constitution, wherein diverse other absurdities, then whereof mention hath been yet made against the unlawful retinue of many benefices, are expressly alleged, is not amiss to be repeated, who saith as followeth. Pag. 112 EX HIS AUTEM, etc. We suffice not to speak, how Octob. de inst. seu collat. ca, ● 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 & 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 strises and contentions arise, brawls & 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, & 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 grievouser things in time to come, unless God by his mercy respecting us, shall lay to some wholesome remedy. If the disease and malady of pluralites, in time of ignorance and superstition was such, that the blind leaders of the blind, 5. P. 2. had their eyes in their heads to see the infection thereof to be most perilous, as well to their synagogue, as to their common weal: 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 idolators feared. And not only these Canons and provincials, but the statute laws of England also made against these excesses, prohibit likewise the having of ●● 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. pounds 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 another, and the presented to have the benefit of the same in such like manner and form, as though the incumbent had died or resigned: Any licence, union, or other dispensation, to the contrary hereof Pag. 113 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, so ever 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 benesices and 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. Pluralists (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 condere. Papa qut ius condidit, est supra ius, matorem enim retinu●t 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 above 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. Pag. 114 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, cannot stand or have any sure settling, in as much as against the same many challenges may be made, and many exceptions taken. Secondlic, 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, Vbt 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. Quta perpetuam habet causam prohibitionis, nulla est obligatio. Because Fi. de verb. oblige. l si slipuler in id. & glos. extra. de simo. c. si quis. ver. juramentum. it hath a perpetual cause of prohibition, there is no obligation, As for example: the reason and cause of prohibition against murder, theft, ravin, blasphemic, is perpetual, and therefore the Law against murder, theft, ravin and blasphemy, aught to be perpetual: And therefore men 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. Pag. 115 The reason of the Law, is the soul and life of the Law: and therefore as none may dispense with the reason of the Law, or take away the soul and 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 pluralities. The reasons where upon pluralities are forbidden, are reasons taken from the Law of Nature, and from the equi●●e of the Law of God: but none can alter or take away the law of Nature, or dispense with the law of God: therefore none can Institutio. de iure. not gen. & ci. § sed naturalis. jam. 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, 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 vuchaungeablie, none can challenge authority to change or dispense with the Law of Nature or with the Law of God, but he must forthwith 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 and the Pag. 116. 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. THE first proposition of the first syllogisine hath been proved Institut. de iure natu. gent. & civi. § sed na●uralia. james. already: the first proposition of the 2. syllogism is manifest, Omnia naturalia sunt immutabilia: All natural things are immutable, 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, & therefore I conclude against them thus. 1 Whatsoever is forbidden by the law of nature, & by the law Pag. 117. 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 this place. The second proposition of the last syllogism, I prove from the etymology or description of a privilege or dispensation: for a privilege, and a dispensation, in effect signify both one thing. Privilegium dicitur, quod emanat contra ius Glos. lib. 6. de rescript. c. versan principio. Extra. d● iudic. c. At si clerici. § de adulterijs. common in favorem aliquarum personarum: super prohibit●s despensatur, 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, and against the law of God: a more monstrous law was never established. Now Pag. 118. that Pluralities are forbidden by the law of Nature, and 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 ministery, 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 blasphenne 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 ministery: to foster extortion and unlawful gain: what shall the servants of the Lord Christ, the son of the most highest, Whom he hath commanded to be holy and Pag. 119. perfect, as his heavenly father is perfect, defend all these horrible sins & 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 Pope's Chaplains, grounding themselves upon these rules of law, whereof mention hath been made before, & giving unto the Pope Merum imperium, ●n absolute power on earth, will affirm, that the Pope Vid gloss. Extra de confess. prebend. c. proposiut. vers. si. pra. ius. §. Apostol. dispensat. 34. distinct. c. lector. Glos. inc. non est extra. de voto vers. authoritate. can make Nihil ex aliquo, and Aliquid ex nihilo, Nothing of somewhat, and somewhat of nothing. Sin to be no sin, and no sin to be sin. These blasphemies they spew out, and these blasphemies they maintain, that think they may be thieves and murderers, and extortioners by dispensation. 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 and constitution, it is necessarily required, that the same tend, first to the advancing of the honour, praise and glory of God: secondly, that it be profitable and expedient for the peace and safety of the weal public: even so, every superior and Potentate, to whom authority by Law is given (in some cases) to grant Privileges, aught in the same cases to observe the like conditions and circumstances, to the end their said Privileges may be available and 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 Cod. de coll. dec. l liberos. itself in a case of truth: 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, Pag. 120. Distinct. 4 c. crit. profitable, not written for any private commodity, but for the common profit of the people: so likewise must a Privilege have all these conditions and qualities. Otherwise as a general and public Law, looseth the name of a public Law, unless it be such as hath the foresaid coherences: even so a Privilege looseth the name of a private Law, unless it have the like adjuncts. 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 triple signification of the word Churches, and therefore the argument lu●peth 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, Carpenters, 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 & assemblies of people, then is their assertion absolute●e false, because the Lord hath willed all his people to gather and assemble themselves together, to the intent they should call upon his name: And then in this sense their conclusion must needs fail also, because Pag. 121. 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 and understood in this sense, as they make not for their purpose ●ne way: so are they not current to themselves and their senses another 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) that they which minister ●or. 1. 9 13 about the holy things, eat of the things of the Temple: and 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 and 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 and be given to one. They might as well conclude, that Pag. 122. 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 and inheritances allotted unto diverse and 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 twleve 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 20. 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. Pag. 123. 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 & 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, & 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, & 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 shall be once thus performed by man, (according to the lords commandment) it shall be, & is lawful for man again, where the congregation is too great, to make Pag. 124. the same less, and where it is to little, to make the same greater: & in this sense I grant, that as it is lawful for man to establish, and 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, and many Congregations to find one pastor: many bodies to have one head: and one head to have many bodies: many flocks to have one shepherd, and one shepherd to have many flocks: Therefore mine argument without any cavili 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 volde and of none effect, as partly hath been proved, and more at large appeareth by that that followeth. Dispensatio Glos. 1. q. 7 c. requiritis. est iur●s commun●s relaxat to, facta 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 caus● cognitionem pertinent, pensare debet, qui dispensari vult. To Dispense, is to ponder diverse 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 and 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: Pag. 125. 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 a special trial and sifting of that same lawful cause, before it pass: every such despensation by a necessary consequence, is merely void, because every such dispensation agreeth not to the definition of a Glos. extravagant de prebend. dispensation, and therefore cannot be the thing defined. Concerning the party that hath power and authority to grant & dignit. c. execrabilis ver. ultima. H. 8. dispensations, and to take knowledge of the lawfulness of the causes requisite to make dispensations good and available, the same in this Realm, is the Archbishop of Canterbur●e: 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 Canterbury, 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 Glos. extra. de vot. c. non est ver. authoritate. Extra. d● conces. preb. pro. posuit versupra etc. cum ad monasterium: ex d● statu monacho. the law of Nature, or against the law of God. 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 Pag. 126. in the dignity and worthiness of the persons, the other in the weightiness of certain special causes. 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 a just cause warranted by Law: Neither can a just cause and good ground approved by Law, be sufficient matter to Unto what manner of persons dispensations ought to be granted. 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 ●●o benefices by Dispensation than one: Neither is it a sufficient qualification for one destitute of learning to become a Chaplain only to some Noble man: For the Statute providing, that some Noble men's Chaplains should be made capable by dispensation to retain ●●o 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. Statuta debent Panor in c. ex part. l. 〈◊〉. de verb. signifi. fo. 189. nu. intellig●, quod aliquid addant iuri communi: Statutes ought so to be understood, that they may add somewhat to common right. Circa sublimes & literatas personas, quae maioribus beneficijs sunt honorandae (cum ratio postulaverit) per sedem apostolicam poterit dispensari. concerning men of Nobility and learning, who with greater 3. Extr. de prebend c. fi. de multa benefices are to be honoured, the Apostolic sea (if reason shall require) may dispense with such. And in another Chapter the same is confirmed. Pag. 127 MULTA ENIM in hoc casu dispensationem inducere videbantur: literarum scientia, morum honestas, vitae virtus, & fama personae multiplieiter a quibusdem etiam ex fratribus nostris, qui eumin Extr. de elec. c. innotuit. 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, & 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. 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 Extr. de voto. c. 1. him that is Precedent, that he consider diligently the cause of communication, 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 any wise to dispense. And to tell you what these special causes are, in few words they Pag. 12l. 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. For the urgent necessity and evident utility of the Necessity & utility of the Church only just causes of a dispensation. 1. q. 7. requiritis. 〈◊〉 nisi. 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 lay man 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: now in this case it is lawful for him that hath authority to dispense with a Monk or lay man, endued with learning, to the end he might by instruction bring the people to knowledge. It is unlawful that children borne of a Run, violently taken aware 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. Pag. 129 If by the first foundation of the Church of Paul's, tweine 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 grounded 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 iucre of some covetous and vain glorious persons. Whereas it may be answered, that the statutes of the realm, licensing diverse 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 alsse, our laws are bells without clappers; they are founded, but they found not, they are bands, but they bind not. Pag. 13 For though by the statutes of the realm certain noble men's Chaplains, & others graduated in the Universities, be qualified, and 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 and laws of God. For though the statute make some men, fit menfor the Archb. to work upon, & 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 will. But if it be unlawful by the word, than 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 King's 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 licenses, dispensations, impositions, faculties, graunies, 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, grantest, rescripts, delegacies, or any other instruments or writings, that in cases of necessity may lawfully be granted, without offending holy Scriptures and laws of God: Pag. 131 but that from henceforth every such licence, etc. afore named & mentioned necessary for your highness, your heirs or successors, and your and their people and subjects, upon the due examination of the causes and qualities of the persons procuring such dispensations, licenses, etc. shall be granted, had & obtained, from time to time within this your Realm, and other your dominions, and not else where in manner and form following, and no otherwise: that is to say, the Archbishop of Canterbury for the time being, and his successors shall have power & authority from time to time by their discretions, to give, grant, and dispose by an instrument, under the seal of the said Archbishop, unto your Majesty, and to your heirs and successors, Kings of this Realm, as well all manner such licenses, dispensations, faculties, grants, rescripts, delegacies, instruments, and all other writings for cases not being contrary or repugnant to the holy Scriptures and laws of God, as heretofore hath been accustomed to be had and obtained by your Highness, 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, and all other licenses, dispensations, faculties, etc. in and for, and upon all such causes and matters, as shall be convenient and necessary to be had for the honour and surety of your Highness, your heirs and successors, and the wealth and profit of this your Realm: so that the said Archbishop 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 of almighty God. This act is renewed 1. Elizab. Provided always, that this act, nor any thing or things therein contained, shall be hereafter interpreted or expounded, that your grace, your nobles and 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 & convenient to repress vice, and for good conservation of this Realm in peace, unity, and tranquility from ravin and spoil. Pag. 132 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, and 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 and safety of the king's person: with a du● consideration always of the causes and qualities for the which, and 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 Archbishop 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 Archb, may not dispense with the same. Again. 1 Whatsoever is not necessary for the wealth, peace, profit, & conservation of the realm, & same by this statute is forbidden: 2 But y● one man should enjoy by way of dispensation from & Archb. livings appointed for many men, is not necessary for the wealth, peace, profit, & conservation of & 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, & same by this statute is forbidden: Pag. 133 2 But it is not convenient for & honour & safety of her highness person, to have the Archb. dispense for many benefices. 3 Therefore by this statute the Archbishop is forbidden to dispense, etc. THE Minor proposition of the first Syllogism hath been already sufficiently proved by many infallible 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 tearines: 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 sor many benefices is there generally forbidden: as ambition, pride, covetousness, ●●rill of selves, etc. Therefore it followeth, that by It is against the profit of the common weal, that the Archb. should dispense. this 〈◊〉 Dispensations in this case are absolutely inhibited. The Minor proposition of the second Sill●gisme may be confirmed by three evident reasons. First from the event, which by our own common and bailie experience, we too too well know to be true. For by the same we see a few wealthy and rich Prelates, in pride and jollity to be maintained, and a great number of needy stipendary Curates, and poor Ministers to be utteriie desi●ute of meet and convenient allowancco: so that sometimes after their decease, their distressed wives and children are forced either to be ●el●●ued by the several Parishes or their abo●des, to the impoverishing of the same Parishes, or else consirained to b●● from place to place and so be chas●●●ed as rogues: Pag. 134. or pilier and steal, and so be punished as selons. secondly, by a comparison drawn from the other Statutes of the Realm, providing that one rich and mighty man should not exercise many sevarall mysteries, trabes, 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 executed: especially such, as whereby the honour of God is promoted, the Church and common weal manifeselie regarded: but unto the performance of the last wills and Testaments of many patrons, endowing mame Churches with large and ample possessions, to the intent convenient living might be always provided for pasrours to be resiant, and to feeve their posterity wi●h the food of life, the word of God, there can be nothing more premdiciall, or more deregatorie, 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 and 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 & needy Ministers, their wives and children do want a competent & 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 & one man should enjoy the offices and livings of many men, the same is not necessary for the peace, profit, wealth, & 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 & testainents of testators, disposing their patrimony to lawful and 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. COncerning the validity of the Minor proposition of my It is inconvenient for the honour & safety of her highness person, for the Archb. to dispense third syllogism, drawn from the conveniency of her highness honour (namely, that it is not convenient for the honour & surety of her highness person, to leave any manner of authority, for the Archbishop to dispense) none may well doubt thereof, but only such as respect more the pomp and glory of an Archbishop, than the dignity and pre-eminence of a christian king. For in good sooth, this statute made principally to abolish all usurped power, challenged by a foreign and Ro●●sh ●ope, over Pag. 136. the king & his subjects, & yet to authorize a vomesticall & 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 must noble father, & brother, & her Highness own person, could endure the same so long uncancelled and vnrepealed, especially the same being most presudiciall to their regal crowns and dignities. For, first by the virtue of this statute, it is enjoined the Archbishop 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 Archbishop, and his successors, by their discretions, to grant unto the kings 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 highnesie 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 warraunteth us, that simony, ●sury, 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 Pag. 1 37. second branch of the same be generally approved. For how can one and the self samelawe forbid 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, and 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 the 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 starute fla●●● forbidden. which things our ancestors, not thoroughly foreseeing, neither only examining for what manner of causes or matters licenses were at that time obtained at the sea of Rome: but only in a generanti● inhibiting things repugnant unto the law of God, & 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 paipable absurdities: the one, that one man alone, hath from time to time authority by his discrerion, to determine what causes are repugnant to the holy scriptures and laws of God: Pag. 138 what causes and 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 scarce able to conceive, much less shall ever any one Archbishop 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 & 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 tolleration● 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 prerogatine? For either he must be dispensed with, for breach of the positine law of this land, and have the pain of law, remitied him by the Archbishop, which were to set the archbishops keys above the kings arms: Or else he must purchase a dispensation, that he may break his law, which were against his honour & safety. For saith the Emperor. Digna vox est maiestate Pag. 13 regnantis, legib●●● alligaium se principem prositeri. It is a word worthy c. De le. & con it. princ. l. digna. the muirskie 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 & customs of the Realm, between the king & his subjects. For they remain still the king's underlings, and in deed give but the king's judgement: they judge not the king's 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 mou●d to dispense with the king his soneraigne: and finally, the king's wisdom's must be subjecteth to the Archbishop's discretion, And therefore to confirm the Minor proposition of my third syllogism, I conclude. 1 whatsoever is dishovourable and dangercus for her highness person, the same cannot 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. Pag. 140 Which reason also, may be as well applied to disprove the the vniawsul●nesse of the archbishops dispensations, granted unto any of her highness subjects, as unto her highness own person, in as much as her kingly prerogative ● supreme government in matters lawful by the holy Scriptures, is thereby impeached, the Archbishop's jurisdiction only advanced, and the furetie of her royal person and peace of the common weal ill prourded 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 gracious God: & that nothing can be so honourable and safe for her highaesie, as humbly and reverently to attend, and to submit herself to the sceptre of his word: the execution of this statute by the Archbishop cannot be but most inconvenient, and perilous for her highness person, in as much as partly through a carrupt consiruction, partly by a sinister judgement, not rightly discerning what things are 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 gonernment. Had her highness most noble Father understood, his kingly person to have under-gone the Censorship of his subject, no doubt he would as courageously have fought against an Archbishop, as he did against an Abbot. As concerning the poverty of certain persons, pretended & Poverty of the person no cause for a dispensation. Rebuff. de dispen. ad plu. benefi. alleged in defence of dispensations for many benefices, that because the revenues and profits of one benefice is now a days 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 Licèt quis sit pauper, etc. 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. Pag. 141 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 not in respect of any poverty, to seek to have many huinges, thereby to better his estate, or augment his living: For the Law in truth is as followeth. Qui modicum recepit beneficium, 32. q. 5. c. horrendus. 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. And let every one walk in that vocation 70. distinct. sanstorum. 21. q. 1. c. primo. glos. extra. de rescrip. c. si proponente. ver. minus. ff 91. distinct. quiautem. 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. And let him that is forbidden to get his living by filthy lucre and unhonest merchandise, have a stipend of the oblations and 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 and poverty were a suffcient cause, to enjoy a dispensation for many benefices, than should private necessity have been warranted by Laws 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. Pag. 142 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, cannot 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, which hath Victum & vestitum, meat drink, and apparel, which is proved thus: luxta sanctum Apostolum, 12. 9 1. E. Episcopies ver. 9 2. c. Episcopu●. sic dicentem, habentes victum & vestitum, hijs 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 and sufficient maintenance, even food and apparel. Moreover, if a man willingly & without compulsion enter into a charge, knowing before hand the stipend due unto him for his travail to be small, he may not lawfully afterwards complain, but Pag. 143 if is wholly to be imputed to his own negligence and f●llie, that he was no more circumspect better to provide for himself at the first. If a man knowing a woman to have lead a lose and dissolute li●e, take her to his wife, he cannot for her former mis demeanour give her afterwards a Bill of Divorcement. Quod semel approbavi, iterum reprobare non possum: That which once I have approved and allowed, I cannot afterwards disprove and bi●allowe. 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 cajetan Cardinal of Brygit, whose annual revenues by his Cardinalship amount to the sum of two hundred pounds: may the same Cardinal, whose annual revenues of his Prebend in another Church amount to the sum of two hundred marks: May the same Cardinal, whose annual revenues of his Archdeaconry in another Church amount to the sum of forty pounds: May the same Cardinal, whose annual revenues of his own and his wives patrimony, amount to the sum of fifty pounds, 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 peerelie one hundredth 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? Pag. 144 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 her ruin, the iniserable poverty and penury of his stipendary Curate, upon whom he thinketh to have bestowed a large and bountiful reward for his service in the ministery, 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 and his fellow Cardinal, having Church upon Church, and a parsonage upon his provost ship, do make to be a cloak for their worldliness, can never shroud● itself so covertly, but their injustice by law may soon be difcried and discovered. For this clause of law, Sed ettam 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 cannot conveniem lie have their proper and peculiar Priests: I say this 〈◊〉 (Nisi ita fuerint teaves) cannot excuse master Cardinal or ●●ster Provost, to retain his Abbey or Friary, and by dispensation a benefice or two besides. For that, as I said before, this Privilege hath no place, when as a man voluntarilic 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 imponerished. Moreover, those Churches are counted tens in substantia, Churches small in revenue, which have not a stork of ten persons, families or households, able to contribute to the maintenance of a pastor, as appeareth by the Canon following. HOC NECESSARIUM, etc. This we have thought necessary 2. 9 3. ●. unto. 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: & if any have had fewer than ten, let then that Church be joined to some other Churches. By which constitution our pluralists, 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 falarie for his sustenance. For saith Rebuff. Papa in dispensatione, maxim respicere debet utilitatem Ecclesiae, non personae: sed hody ventum est, v● personae utilitas consideratur, potius quam Ecclesiae, & potius dispensatur cum divite, qui totam vorabit ecclesiam, quam eum asio bono, qui eam tueri possit. The Pope in a dispensation ought chiefly to respect the profit of the Church, not of the party: but it cometh to pass now a daied, that the profit of the person is rather considered, then of the Church: and a dispensation is rather given to a rich man, which will devour the whole Church, then to another 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 & 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. Pag. 146 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 Censorship 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 plarified 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. IS ETIAM, etc. The party also which is taken to such a Regiment, to the end he may more diligently care for the Lib. 6. de elect. licet canon § is autem. 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) that the ordinary may dispense for a time, because the Pope himself Glos. verb. ad tempus. cannot give perpetual indulgences for residence, & such as were given before by Popes, he hath revoked, as appeareth by the constitution following. Pag. 147 QVIA PER AMBITIOSUM, etc. Because of the ambitious importunity of suitors, as well we as some of our Lib. 6. de. reser. c. vlt. predecessors, 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 ministery, 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. By which Canons it Glos. verb. perpetuas ibidem. 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 it is perpetual, and so contrary to the meaning of this last constitution. Wherefore the time of necessilie must be limited, which time the Law following hath limited and appointed to be seven years only. Pag. 148 PRESENTI CONSTITUTIONE sancimus, ut Episcopi, Lib. 6. de elect. cum ex eo. eorumque supertores cum hijs 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 continuting 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 studies sake are dispensed with, for not entering into the ministery, 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. Vbi eadem ratio, idem ius slatuendum est. ff. De vi. & vi. a●m. l. 1. § quod vulgo. ff. De legib. l. non possunt. 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 a like, 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 schools 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 the Church, from the which for any of those foresaid respects, he may be absent. Therefore against perpetuities of Piuralities, out of the Chapter (Is etiam) and 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. Pag. 149 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, as I said before, hath evermore relation to the term of life, because he is said to have a perpetuity in 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 a perpetual dispensation might be tolierated, and so a man by fraud and covin, 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. Ne statutum ipsum fiat ludibrio, debitoque frustretur effectu, & non rebus, sed verbis, cum sit potius contrarlum faciendum) lex imposit a De divor c quanto. § fi. & de elec. comiss. l. 6. Extr. de regni, iur●c cum quod. ff. de ver. ad civili. perti. l. li. § 1. videatur nullatenus ea vice poterit iterato conferri. Quod directè prohibetur, indirectè non conceditur: cum quod una via prohibetur alicui, ad id alia via non debet admitti: & quod quis in persona sua facero prohibeltur, id per subsectam 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 for words (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 an other 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 doc 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 deliberate consideration of the statute before mentioned, they shall find matter sufficient, to pronounce a great number of licences, faculties, and dispensations by law, to be merely void and of none effect. Pag. 150 And so many benefices to be void, and in the hands of her Highness, unto whom by lapse, right hath accrued to present. For by that statute the Archbishop hath no power or authority to grant any other licence, faculty, toleration, or dispensation, than such as before the making of the statute, was used and accustomed to be had and 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 than for seven 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, A non judice, & contra formam juris scripti, ff. quod vi. aut clam. l. prohiberi § plane. Extra. de reb. eccle. non alienam. c. by one that is no judge, and against the form of law written. 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. 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 not by authority of the superior, the alienation is void, Quae contra ius fiunt, debent pro infectis haberi. Things done contrary to law, aught to be Cod de leg. l. non dubium. Cod de pre. cib. imper. offerrend. l. 1. accounted as things undone. And again, Sufficit legislatorem aliquid prohibuisse, licet non adiecerit, si contra factum fuerit, non valere. It is sufficient that the law maker forbid, though he shall not add, that the thing done contrary to his prohibition shall be void. And again. Pag. 151 Imperiali constitutum est sanctione apart ut ea quae contra legem fiunt, non solum inutilia, sed etiam pro infectis habenda 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 and circumstances of dispensations for many benefices. It followeth then in the description of a dispensation, Glos. Extra vagan. de prebend. & dig. c. ●●●erabilis ver. ultimae as you have seen that the same aught to be granted, cum causae cognition, with knowledge of the cause: the reason is this. Duo sunt in dispensatione necessaria, authoritas dispensantis, & fastum 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 dispeace. 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 affection, and simple allegation of any person desirous 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 〈◊〉, that both teuching the ability of his person, and the necessary of his cause, the● ought in equity an exemption and 〈◊〉 be granted unto him. For, Privilegia, saith the Law, are pretudici al●●, & magnum ff. de minori. l. de etate. d. ex de priuil. c. sane. 7. q. 1 potuisti. baste. l. 1. de ●●l. l. ver. pariunt preiudicium, & ideo sunt cum ple●● cause cognition tractanda, & privilegium non est dandum, nisi certa ratione inspecta, & non subito, sed cum magna deliberatione. Privileges are prejudicial, and 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 fores●eue & not suddenly, but with great deliberation and advise. In which deliberation and advisement taken by the judge: first the aliegation or petition of the party agent or suppliant: secondly, the proof & manifestation of the same his petition, is to be considered. For no dispensation ought to be granted at the proper motion & pleasure of the judge alone: but every dispensation ought to be granted at the instance & petition of the party alone. Pag. 15 Quia laxari ius non debet, nec solui, nisi part postulante: & invito non debet beneficium conferr●: § Hoc autem judicium. ff. De dam. infect. ff. De regni iur. l. invito. & extra de Symo. Licet. heli Cod. de fidei come. libent. l. fi. Et sententia debet esse conformis petitions: Et judex semper debet judicare secundum allegata & probata Because the law ought not to be released, or remitted, but at the petition of the party: & a sentence ought to be conformable to the demand: & a judge ought evermore to give sentence, according to things alleged, & 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, & urgent necessity of the Church: I conclude, that the judge his duty and office is, in any wife not to admit any other manner of allegation, but to pronounce the same altogether frivolous & 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 & concur the profit and necessitic of the Church. And if the said allegation, as vain & 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 boo●h allow, or else pronounce judgement otherwise, them according to the demand, both which were to to great absurdities. And therefore out of the former rules and principles of Law, I argue thus. 1 Whatsoever is burtfull and prejudicial, the same aught advisedly and upon consultable to be granted: 2 But dispensations are hurtful and preindiciall: Pag. 153 3 Therefore dispensations ought advisedly & upon consultation to Extra. de privilig. c. sanc. Extra. de simo. c. licet beit. be granted: And if every dispensation ought to be granted by sentence upon some consultation ha●, y● then every sentence upon some consultation had, aught to be given according to things alleged, and things demanded. Pag. 154 IN which allegation and demand, to the end the sentence may be conformable to the demand, & 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. For Ea dicitur legitima dispensatio, in qua nihil tacetur, vel nihil exprimitur, Glos in ext● avag. execrabilie de prebend ver. ex dispens●tione. quo expresso vel tacito, 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 by likelihood, be induced to veny the said dispensation. If then every sentence must be conformable to the allegation, & 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 false or erroneous cause ought to be expressed, it followeth of necessity, the every allegation, ma●e for a dispensation, aught to be of the same nature, & of the s●●e condition: and that every allegation, not of the same nature & 〈◊〉 is an unlawful allegation, and an unequal petition. Moreover, every one that hath authority to dispense, aught to keep th●● rule. statuat, vel dispenset Glos. in extrauag. count. col. 3. ver. contra ius, aut contra scriptum, si aequal as qu● movet ipsum, movisset legislatorem, si casus nunc emergens esset sibiexpositus, That they ordain or dispense against law, or against w●it, if such equity as ●●●ueth him, might have moved the lawmaker himself, to have gr●nted a dispensation, had the case now growing, b●n proposed at the time of the law making, to the lawmaker: 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 vartie 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 mighe justly have moved the lawmaker, to have granted a dispensation. Now then, because the Law maker, authorising the Archbish. of Cant. to give dispensations, hath been the high court of Parliament: It followeth that the Archbishop 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 Archbishop. judex non aliter judicare debet, pro sapientia & luce dignitatis suae, quam princeps esset iudicaturus. A judge, for the wisdom, ff. De office perfect. preter. l. 1. in fi. and excellency of his worthy calling, ought no otherwise to judge, then 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 five 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. Clarke, say, allege, and show, before pour excellent wisdoms, that the Church of S. S. by the natural death of D. H. late incumbent, is become vacant: Pag. 155 and that I the said A. B. am qualified, according to the Statutes of the Realine: and the Patron Non potest dispensatio super pluralitate beneficiorum concessu impetranci prodesse, qui aliquod quamtumcuque modicum beneficium conticuit in eadem. of the same Benefice, hath presented inee thereunto: and that I am possessed aireadie of such and such a spiritual promotion: and that I am bound by the Statutes of my house, to be resiant 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: and 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 woife, not having a Pastor to feed them: and that that evident utility and 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 Nonresident, 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 the party should express in his petition, all things to be expressed, and conceal nothing to be concealed, as by the first rule before repeated is required: yet the house would no doubt, mindful of the second rule, and dispute the equity of his cause, and so award judgement accordingly: they would not upon so bare & naked assertion, decline from justice and 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 tied well advised, and take heed how, for a trifle he either adinit any such bill or allegation, or having once adinitted it. Pag. 156 how he pasie the same under his public and authentic Seal. In as much as he ought not to adinit 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 oasse: 2 But the Law maker, 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 Cherfore the Archbishop ought not to admit or pass any such. THE Mayor proposition is a rule of Law: the Minor proposition is cuident 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 throughly examine the reasons and proofs of him that preferreth the same. For as I said before, truth, equity, and diverse circumstances, must not only be alleged, but the law requireth, Bart. & aly doctores, in l. 1. Cod. de prob, the same to be proved also He that hath right and interest to an inheritance, oftentimes loeseth it for want of proof. He that alieageth himself to be borne of some noble parentage, and he that allegeth himself to remain at study, must prove the same. Pag. 15 If a pupsil danmified by any centraet, made by him under age, shall require ●yde of the P●tior to be testored to his former right, he must prove that he was under age at the time Authent. Colla § teneantar. Glos & doc●n prohe. l. 6. Glos extra. de restitu spoli. at. c. olim. ver. restitutione. Extra office de leg. c. consultats. enem. of the contract, and also that he hath sustained detriment by the same contract. Otherwise the 〈◊〉 ought not to gi●e restitution, where one by force is spoiled of his 〈◊〉, and requierth ta be restored thereunto, he must not only allege, but also proous force and 〈◊〉. The Church that by negligence of any Proctor or Dollycitor shall allege herself, by his negligence to be hurt, and to su●●er 〈◊〉 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 negligeace committed, as the damage sustained in that behalf. Thelyke is verified of one that is dispossessed of his goods, in the time of his absence beyond the Deas. And so it is reqaired 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 perion, 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 cither by the confession of the party, cither by witnesses, either by some Authentic and public instrument, either by the eusoence and noioriousnesse of the fact itself. Touching which prooses, how fubstantially they Eutra de restitu. spol. c. cum ●d sedem. have been made, I refer the Reader to the records of the prerogative Court, where, no doubt for the Judges own credit, they are sasely kept: and as public Records, to be seen of any man, desirous to hnow Antiquities. Pag. 158 For my parie, 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 brgent necessity, and evident utility of the Church, destitute of a P●stor, should in these our dapes be manifested: the Church itself. viz. The congregation, (I suppose) will never confess it veheoue●ul for them to have their pasror absent, & 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 areason 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 tanght, and cuery faithsuil man will do all things for the truth, and nothing against the truth: and because the truth is, that his Netghbour 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 plarlfied men rely, that the brgent necessity, and evident utility of the Church, for the having of many benefices, is a thing so notorious and evibent to all the world, that none may deny the same. Wherein how gross and palpable their error is, I lenue to the consideration of indisierent men, thorough out the whole world. Now, if you add this last part of the definition of a Dispensation, and suppose that it must be granted, Cum causae cognition, with knowledge of the cause, that is by alleging and prooning things inste and equal in the sight and judgement of the Parliament house, you shall find cithèr all, or the most part of Dispensations granted in the Court of Faculties for many Benefices, not to be the things defined, and so to be nothing in c●●ect at all, and therefore though they as yet seem to stand good by Law, yet to be such as ought to be rcuoked and made vopde by Law. Quicquid contra leges accipitur, per Distinct. 10. c. vides Extra. de priveg. c. porro. etc. pe. Extra. de privilege. cod de leg. & constetu. l. 2. leges dissolus meretur. Pag. 159 Whatsoever is admitted egainste Law, deserveth to be loosed by Law. Et sic eos voiumus privilegiorum suorum servare tenorem, quod eorum metas transgredi minimè vide. antur. And we will them so to heap the tencr of their Privileges, that they seem not in any cause to pass their bounds. Nam qui permissa sibi abutitur potest ate, privilegium meritur amittere: Et qui malitiosè privilegium, princepis interpretatur, infamis efficitur. For he that abuseth power granted unto him, deserveth to lose his Privilege: and he that malftioustie 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 unlawsull is revocable. Privatur 3. 9 b. c. haec quip 1. 1. 93. privilegium. Extra. de De cret. Suggestum 25. q. 1. c. de ecclesiassicis. ff. de vulg. & pupil. Substit●s. l. ex pacto. & glos. c. imperator. ver. quod non. 25. 9 2. xcix. distinct, ecclesie. ff. de constitu. princ. l. penult. De. glos. in c. quid pernovale. Extra. de ver. 6. signifi. c. magis. lib. 6. De rescrip. statutum. quis privilegio propter scandalum: & qui non exercet ad subditorum utilitatem, sed ad suam voluntatem, etc. A man looseth his Privilege, if an oftence grow by means of his Privilege: and he that doth not exercise his Privilege to the prosit of such as are under him, but at his own pleasure, such a man loofeth his privilege: And a reseript ought to be such, that it hurt none: and at what time so ever a privilege turneth to 〈◊〉, it forth with preu●●leth not: neither ought the Poye for the increase of his own honour, diminish the right of the Church, or of any other. And the reason is this. Prepter evidentem ●tilitatem & enorm, damnani 〈◊〉 ab eo quod di●. vs● & obtentum est. For some common profie & some inordineie hurt, we for go that, that a long time hath been used and observed. Now, whether the lawful bounds of dispensations be passed, whether they be abused or inaliciouslie used? whether anic offence grow by them: whether they be used rather to the profit of the people, then to the pleasure of the person: whether any injustice be committed, and 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 write against them: Pag. 160 Sure I am, that the bices growing by them are as rife as ever they have been in any age heretofore: Sure I am that the prosperous state of the ministery is impoverished by them: Sure I am that the people are untaught by them: And fore I am that the Lord is dishonoured by them, and his Gospel hindered by them. And therefore I conclude thus against them. cessant ciusa, cessare 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 diverse stipends of the Church in diverse and far disraunt places? What common weaith 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 vaie to his servant absenting himself the wages due to many servants: or adinitteth to serve in his room whom so eure the same his servant shall appoint him in his room: only the house of God, the holy Church, is by such inordinarie dealing deprived of her ministery, and defrauded of her lawful duetics. 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, and in the end concludeth thus, Effect us dispensation is est, ut siperperam concesse sit, tam animam concedentis, Rebuff. de dispensatione ad plura, bene. sic. fo. 149 64. quam dispensantis, ad infernum deducat. Pag. 161 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 Nighnesse's treasure, and an augmentation of her tevenues. I answer, that dispensations for Syinonie, nonresidency, and many benefices, are so far from becing any increase of her majesties treasures, as that they are indeed a great diminishing of the same. For first, as touching dispensations for Syinonie, whereas by cuery dispensation granted unto a simoniacal person, her nighness 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 nighness 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 hanaper: or were the simoniacal person a plurality man, and so deprived from all his benefices and Ecclesiastical promotions, her nighness 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, to many hundreeds: yet by means of the said dispensations, her nighness is impoverished yearly by mante thousands. The oftener every benefice or promotion is void, by resignation or deprivation, the oftener to an other admitted unto the same, and the oftener doth her nighness receive the First fruits of any such benefice. Pag. 162 Now it is cuident, that the conjoining of two, three, four, or five thousand benefices or promotions unto one thousand men by dispensations, is a manifcst impediment to the avoiding of so many incumbents from so many benefices, as which by death, resignation or deprization of the said incumbents, might and were likely to be made voidt. 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 deprination 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 nighness 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 of the said bevefice so often as otherwise the might have, whereby her reave mues are lessened. Since therefore for one man to enjoy many benefices by dispensation, maintaineth covetousness, & is contrary to the ancient Canons: maintaineth ambition, & ministereth matter for a roaging, a gadding, & a dissolute ministery, since it conveyeth stipends due unto many from many unto one: since it is an hinder ance of residence, and containeth peril of souls: Since it is a kind of theft, ravin & spoil: Since it is undecent & uncomely: Since it is contrary to the good customs of the Church: Since the honesty of the church thereby is defiled, the authority thereof con●emned, the truth of Christ trodden under foot, and love banished: Since among the rich Prelates and plurified men themselves, strifes, contentions, ●raules 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, & repugnant to the law of God, and therefore nourisheth a monster in nature: Pag. 163 since it is against the weal, peace, profit and conservation of the realm: since it is against the utilitic of the Church, and that the nessitie of the Church requireth the clean contrary: Since it is prejudicial and derogatory to the iast Wills and Testaments of our ancestors: since it is dishonourable and dangerous for her majesties person and safety: since private necessity and poverty is no sufficient cause for the maintenance thereof: Since the miserable penury of our stipendary Curates thereby is made intolerable. And again, since all these things are offensive, and that a Privilege so son as it becometh offensive, and 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 diverse stipends of the church, in diverse and far distant places: since it is against the policy of every good commonwealth of man: since it is contrary to the government of evevie 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, & diminishing of her revenues: Let us conciude, for one man to enjoy two or more benefices by dispensation, to be a thing altogether intolerable and utterly unlawful. An answer to the second Treatise of the Abstract: That dispensations for many benefices are unlawful. 1. Section. Pag. 107, 108. IF this conclusion, for proof whereof in this whole treatise he pretendeth to labour, were granted unto him, as in part it ought to be, though that be untrue which he meaneth thereby: might it not be said, that either he knoweth not what he writeth, or else willingly spoke unproperly, to make the matter seem more odious; as though it were hoiden to be lawful, to dispense with a man for as many benefices as he could procure? For seeing in our common speech (howsoever the law more generally doth construe it) a benefice is taken for a pastoral cure of souls, over the people of some parish: it is evident by the statute in that 21. H. 8. c. 13 The Abstractors discourse wholly inpertinent. behalf provided, saving those that be of her majesties council, which may keep three benefices with cure of soul, and her Nighnesse's chapleines upon whom the may bestow what number of benefices the will: that no man can be dispensed with to retain Multa huiusmodi beneficia, many such benefices, according to the true propriety of speech: yet some being so qualified as is required, may be dispensed with to receive and keep Plura more than one, even but two in all, which cannot properly be called Many, except the matter were of great rarity. Unto all which dispensations so by statute-law and act of parliament warranted, both he and all the subjects in the land, in * 4. H. 7. 10. the eye and construction of law, are deemed to have consented. And therefore that he or any other should call them Unlawful, or presume to inveigh publicly against them (as he * Pag. 159. telleth by some to their great commendation both by speech, writing, and preaching to be practised, whom therefore he calleth The Lords servants) I for my part can not see how it can be excused from faction and great contempt Factious dealing against law. of her Majesty, and her laws, Or else, why may not I, or any other private man whosoever, in like manner, with as good toleration as he (perhaps upon my particular conceit againsst some other of the laws of this land) take pen in hand, and tell all the subjects in it, that they are no laws in deed, as being against the word of God, the law of nature, of reason, and of nations? And thereby to give a dangerous owerture and open window to the loofing of the joints of all obedience to laws: and to turn over those matters, which are to be debated with great moderation to & fro, only in the most honourable & high court of parliament, to the dispute and grave censure, nay to be a theme for every flying pamphlet to jangle, and every alebench to ring upon. It is good & sound counsel that one giveth about the rules of oratory, that he which is to treat or to wrife of any matter, shall deal advisedly, if he prefir before him continually the very point of the issue whereunto he is to speak; least by the course & stream of matter upon matter, he be carried from the purpose. Which advise, if our author had followed, he would not in this & diverse sections followed, he would not in this & diverse sections following, have ginen us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quid proquo, one thing for another, as apothecary's are burdened Wand ring from the ifsue, sam●times to do. For how doth this follow? It is against the law for a man to have many benesices, Ergo it is against the law to dispense with a man to have many benefices, or for the retaining of two benefices. Nay the contrary is true & followeth well. The law in some cases doth permit a dispensation for retaining of more benefices, considering a dispensation needeth not, but where the rigour or generality of law, is upon some occasion to be declared, mitigated, or released. And it can not be called a dispensation or immunity, but where the law is or appeareth to be in general terms otherwise to the contrary. And it is incident to the liberty and freedom wherein we are borne, that we may without further licence do that which law doth not forbid us: in which respect Privilegium is called Quasi privata lex, a private or particular law, touching but a few in comparison of those that be within the general disposition of that law, which seemeth to be contrary. And therefore by as good pretext and colour of probability, he might have reasoned thus: By common right in this land, a felon or traitor condemned is to be executed; Ergo it is unlawful for the prince to pardon him. Or thus: By common right, all wrecks, dedans, felons and outlaws goods, léets and views of frank pledge do belong unto the crown: Ergo the special grants of these and such like from her Majesty and her noble progenitors, to sundry persons and corporations in this realm, are unlawful, and the patentees can not with a good conscience enjoy them. And again: It is not permitted simply to every man in the land to wear cloth of gold, cloth of silver, luzernes, sables, velvets and silks; Ergo the immunity granted to great personages to wear these or some of them, is unlawful. So that till our author shall take upon him to prove, that either the law doth not permit any dispensations at all for more benefices than one, upon any circumstance or occasion whatsoever: or else that the law ought not and can not grant any such immunity or privilege: we must follow him up and down at rovers, speaking to no purpose, and in the mean time (as the proverb is) wash an asses head. Therefore let us briefly look into his proofs, against one man's retaining of more benefices, and into his apodesticall syllogisms, collected upon them as he imagineth. His first allegation * c. quia nonnulli, Ext. de clericis non resid. taken out of the decretals (though both it and all other sounding to that purpose be to be understood, as shall appear after, of such persons only as be not qualified as they ought, nor dispensed with as they might) doth yet simply, in itself considered, make nothing against the practice of our church herein: for it provideth against the covetousness of such only, as Being scarce able to discharge one office, do not only seek, being unqualified and undispensed with, to Procure unto themselves divers ecclesiastical dignities, but also divers parish churches. So that it might very well be applied against such a man, being privy to himself how unworthy he is for the enjoying of any such extraordinary favour, and therefore out of hope ever to procure dispensation: would De facto, for the satisfying of his greedy gain, invade as many dignities and inferior benefices ecclesiastical, as by hook or crook he could any way come by. For the other * c. 1. de consuetudine in 6. place here quoted, clearly decideth: both that with dispensation, a man may retain lawfully two personages, two dignities, provostships, or offices, together with a prebend (though all three belong to one church) so the same be expressly contained in such dispensation: and also that if the custom of the said church be so, he may retain one parsonage, dignity, provosiship, or office ecclesiastical together with a prebend, without dispensation. And therefore his second or Minor proposition of his first syllogism, where he simply assumeth, that the enjoying of many benefices, howsoever, or by whomsoever, to be a maintenance of covetousness, is not true, nor out of this place confirmed. For if it were Causa per se, & non per accidens tantùm of covetousness, then should the having of so much yéerelie living, as such benefices joined together amount unto, be unlawful, & condemned as a necessary root of covetousness, in any man whatsoever. And if his first proposition or Mayor be understood of a Fallacies for reasons. cause or maintenance of covetousness pierce, then hath he made a fallacy Ab. accident, to condemn in his Minor, that, as simply maintaining of covetousness, which only by accident and casualty falleth out to give an occasion for a covetous mind to work on. But if he mean, that every thing is unlawful, which accidentally may occasion covetousness, then is his Mayor untrue: for then, gold, silver, possessions, children, and all such external goods, whereby (not by any fault in themselves, but as by an occasion) men be diverssie drawn into covetousness, should be condemned and abandoned as simply unlawful. His second syllogism is a fallacy Ab eo quod est secundum quid ut simpliciter. For his Minor is false, if it be understood of those that be both qualified and dispensed with, as law prescribeth: which he setteth down as simply true, because the canons forbidden generally men not dispensed with thereunto, to retain more benefices. The like is to be said of the third syllogism, whose Minor being propounded simply, as though every one (though he be dispensed with) taking the stipend of more benefices, did take that which is due unto many: is utterly to be denied. Except he will say, that as the said stipends have been heretofore severed unto more: so they may be again, and therefore are due to many. But then, seeing he disputeth not according to the same time, his argument is faulty upon the Ignorance of the elench. And if his Minor of his fourth syllogism be universally taken, which it must needs be, or else his conclusion will be particular, and carry no show to his purpose; then is the same also as untrue as the former, and to be denied. For I do not doubt but there be very many in this church of England (though not so many as were to be wished in respect of the parishes) which by the mercy of God are as well able in all respects, considering the frailty of man, to discharge that duty, which is incident to a pastoral charge; as in any age heretofore hath been found, either here, or in any other like particular church or nation elsewheresoever: which thing also he himself setteth down as a truth, and as a duty that may be discharged, so the party be resident, even in the Minor of his last syllogism in this section. The Mayor proposition of which his last syllogism, except it be meant of a perpetual and a continual hindrance, which yet the party himself might avoid, or of such as otherwise doth not bring some greater or as great a benefit to the whole church some other way, is utterly also untrue. For besides the grievous visitation of God by sickness, which is no sufficient cause (as hath been afore showed) to remove a man from his benefice, who therefore may have a coadjutor assigned unto him: there may be many other causes laid down, for the which a man may justly sometimes be away from his pastoral charge, and discharge it by another: as namely if he be abroad for recovery of his health: if he be called by his superiors authority to answer matter in law objected against him: if he be forced for the repulsing of grievous and in tolerable injuries, to prosecute another in law, or for the retaining of his own right: if he be sent of embassage by his prince, or otherwise necessarily employed and commanded attendance: if his help be required in other places for the pacifying of schisms and disorders, and for confutation of heresies: if his pains and travel be required for the confirmation of true doctrine, taught by another: if his presence be desired as needful or expedient at some consultation about church matters, as at some synod particular, provincial, national, or general: and lastly, if some other parts of the said nation and church should otherwise be wholly destitute of a pastor to feed and instruct them. For if upon these and many other like occasions, of no less importance, it were simply unlawful for a minister to be absent sometimes from his pastoral cure, and to substitute another to supply his room: why (I pray you) may diverse of your Saints of God, and servants of the Lord, which by a pharisaical 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you oppose against all other not so fantasticallie affected as they: why (I say) may they gad abroad from their cure, having no cure elsewhere to look unto, by the space of five or six months sometimes in a year hither and thither at pleasure, and lie from their cures by the space of three or four months by troops together in London, or at the least a whole parliament time, being not called to counsel in the convocation? Is there by their absence some public commodity coming or growing towards the church; and may not another learned pastor, having diligently fed his flock by a good part of the year in one place, yet not neglecting the other people in the mean time, bestow to the profit of the church, the rest of the year in painful preaching and teaching to the people of another parish? Both which peradventure might else be either wholly destitute of preaching, as being severally no sufficient maintenance for a man of study and quality, or else have but such a one, which being as bold as ignorance may make a man (which is the greatest boldness that may be) would adventure to speak, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not knowing at the first what or how to speak, and yet being once set of talking, could not tell how or when to make an end. 2. Section. Pag. 108, 109. THis chapter like as the former speaketh against such as retain many prebends, yea more than two, & that without dispensation. Which may appear both by the gloss, and also because it is called ambition in them, which * Panormi● in c. de multa Ext. de praeb. infine. is not appliable unto those, whom the party authorised thereunto, finding sufficiently qualified, shall for good cause according to law dispense with for retaining of such benefices. For ambition resteth, either when a man utterly unworthy will set himself forward arrogantly to that which he is unfit for; or being worthy, shall seek it by undue means, and contrary to law. And therefore, as it looketh not towards his purpose, to prove dispensations for more benefices unlawful; so can it not be applied against the practice of this church wherein none be allowed to retain more pastoral charges, or other promotions ecclesiastical, in law termed benefices, without dispensation: though in truth it reach a blow His reason retorted against his own adherents. unto diverse of his clients, who can be contented (notwithstanding in law a prebend be accounted a benefice, and in some cases also have cure of souls) to retain one, two or three, yea four prebends sometimes; only because they do not pass in common speeches under the names of benefices, and to the intent of residence and incompatibility by statute law, are not accounted cures of souls: yea, and that without all dispensation, according as is required. Which therefore can not in them be cleared from the stain of ambition, howsoever they bear it out with a stern look, and a cloud in their forehead amongst those which admire their great sincerity, and which do verily believe, that their feed is so pure, that they would rather live by air alone, than be sustained by church livings, even as the chameleon is supposed by some to do, with as great truth, as that such have no prebends to maintain them. His first reason here, touching the maintenance of ambition (by plurality of benefices) is sick even unto death, of the same disease that his first syllogism of his other section A fallacy ab accidents. was, and is a fallacy Ab accident: because though some may be led thereunto by ambition, yet is it not any necessary efficient cause thereof. Yea, in his Minor of this syllogism lurketh a fallacy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because though it be ambition in such as seek to aspire to preferments, which the law will not entitle them unto: yet is it not ambition in those, which being qualified according to law, do seek it only by ordinary means. That which he speaketh in his second syllogism of Roguing, is his own proper goods, and not borrowed out of this canon. The Dissolution and often going to and fro, which the canon speaketh of, and he translateth as it liketh him, a Dissolute and gadding ministery, whereas yet no mention is made of ministery, is (as I take it) set down, to show a difficulty of retaining such within the bounds of ecclesiastical rules and offices, which by occasion of their several prebends situate in diverse churches, are often called to and fro about the affairs incident to their several livings. Yet neither doth this Decretal simply condemn, as a thing intolerable, all such Going to and fro, but where it containeth peril of souls withal: neither can it be with any reason found fault with, where otherwise upon some weightier occasion, it tendeth to a greater benefit towards the church, than this can any ways be offensive: which offence, is the only ground almost, why this often going to and fro, can with any colour be reprehended. And therefore his Mayor must be better underlaid with reason, before we may absolutely admit of it, as true. The Medium or reason of his third syllogism, which he maketh several by itself, is joined with a copulative to the reason of the former syllogism, and so both they should make but one reason. Now, to have divers benefices, doth not necessarily contain (as he assumeth indistinalie in his Minor thereof) any peril of souls: but only then, when the party is not dispensed with to retain them, as the * Gl. in c. quia in tantum Extr. de prebendis in verbo animarum per text. c. dudum. 2. Ext. c. de elect. gloss in the same place doth teach us. And therefore his reason is a paralogism 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The cause of which peril of souls, over and above the parties own danger, because he can not with a good conscience retain unto himself any thing against law, is assigned to be this: that * Gl. ver. deceptae, c. disdum. he being not dispensed with, and therefore his benefice, though in fact by him retained, yet by law in deed merely void: ail his exercise of the keys for binding and losing of the parishioners of his first benefice, shall thereby, as being done A non judice, become void also, and so those shall forsooth dangerously remain in their sins, which thought they had been by him in shrift clearly absolved. Which reason being by the light of God's gospel discovered to be but vain, that which is built thereupon must needs topple down to the ground withal. For we know that no * c. si quis etc. cum aliquis. 24. q. 3. sentence of any mortal man can either bind or lose a man's sins, otherwise than the word of God doth warrant and declare: according to which if it be pronounced by whomsoever, the sentence is good, and ratified by God himself, as he hath promised. In which respect also some canons, and some of the sounder schoolmen have taught, that the sentence of the priest doth only bind declarativelie, and not dispositivelie. The Mayor proposition of his last syllogism here, doth by no coherence of reason hang together: for both in the church and commonwealth many occasions may be assigned, that do in some sort indirectly Hinder other from doing fruitful service in either of them, which yet may and aught to be tolerated. For what if some notable man by due desert have attained diverse high offices, which by reason of the many old reverend years wherewith God doth bless him far beyond all expectation, in which time nevertheless many other excellent men perhaps are bred up, by all likelihood able in very good sort to serve in those several rooms of the church or commonwealth which he enjoyeth: shall such a man in this regard be stripped forth of most of his livings, lest others should want in the mean time, and be hindered from employment according to their sufficiency? Or shall we therefore accuse old-age, and the blessing of many years as a thing intolerable? So that we see it is a Fallacy ab accident, like divers of the rest which are branded with the same stamp. The Minor also of the said syllogism hath as slender colour of truth as the former. For as one of the ends (as I conceive of the statute) was to have such as were intended to be of greater gifts, to have larger rewards: so was it another end, rather to have two diverse parishes allotted to one man able to instruct them, and they to maintain him: than to have them served by two several men not sufficient to instruct either of them. So that it may truly be verified, very few sufficient preachers, by this only means of one man's enjoying two benefices, to want maintenance, or to be hindered from doing service in the church: which may appear by taking an estimate in every country of such livings, which be of as sufficient liveliehood as the most several livings of any pluralists, which are not yet bestowed so well as were to be wished. 3. Section. Pag. 109, 110. IN the text here alleged, whence the reason of this Syllogism is gathered, it is said, that After a sort, he that usurpeth unlawfully two benefices, doth commit theft: which word of Quodammodo was necessarily and warily added, because Theft is defined to be Contrectation or handling of another man's goods, without the good will of the owner: which cannot be applied properly to a void benefice, whose propriety is indeed and in strict terms of law in no man, during that time, but (as the common lawyers also do teach us) In nubibus, in the clouds and in suspense. Which necessary limitation, though our author hath inserted in his syllogism, yet hath he omitted to translate it with the rest of the text. Corrupt translation. But it is answered in the next section afore, both by the text here alleged, and by the gloss upon the other decretal there handled, that there is neither danger of souls, neither any manner of theft committed, but where a man usurpeth more benefices than one, being not by law thereunto authorised or dispensed with. For the * c. dudum. 2. §. nosigitur. Ext. de electi text itself thus distinguisheth: If it appear, that after the enjoying of the archdeaconry, having cure of souls annexed, he retained the said parochial churches also at the time of his election, neither did show forth that he was dispensed with by the apostolic See, than his election shall by authority thereof be frustrated. And the like distinaction also is found in the other chapter * c. de multa. § finali. Ext. de pr●bendis. here quoted in these words: But concerning great personages and learned men, which are to be honourably respected with greater benefices (as reason shall require) the apostolic See may dispense. Therefore it is evident, that his Minor proposition is in two respects false: first where he assumeth, that the Pluralist taketh that which belongeth to another: and again, in that he affirmeth simply and absolutely, without the former distinction of law, that he committeth theft. And likewise it appeareth that he crusheth himself against the said rock of Paralogism, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whereat he hath so often made shipwreck of reason. 4. Section. Pag. 110, 111. TO his first place here alleged out of the Distinctions in the Decrees, the * Glos. in versingulis c. sing u. dist. 89. Gloss. truly doth answer, that it is to be understood to be indeed The general law, yet limited and restrained upon diverse occasions of Special privilege, even by other parts of the same law, as shall (God willing) be made manifest hereafter. The other place in this section alleged, is shamefully by him falsified: for he hath Falsification. put in (more than any book, that I can find, speaketh of in that place) all these words, whereupon his three syllogisms ensuing are grounded, to wit: Both because it is a proper kind of merchandise and filthy gain, and also altogether contrary to the custom of the church: where in truth, that * c. per laico● 〈◊〉 fine. 16. q. ●●bigl●in ●●●r. Duas. canon saith nothing else but this; Let no priest have two churches. Which the gloss, for avoiding of contrariety with other laws, doth thus interpret, that is, Not two churches with title, except they be poor churches, as is to be found, c. eam te: Ext. de aetat. & qualit. and. c. unio, 10. q. e. Nevertheless the truth is, that these things may be verified of such men, as wholly contrary to the canons do usurp more benefices, than they are dispensed with by law to receive. And therefore the like words are used in another * c. 1. 21. q. 1. in fine. canon, yet not simply, (as our author without any simple meaning or plain dealing hath alleged) but with distinction, that it is meant, That none shall hold by way of title two benefices in two several cities, or in that city where the seventh council was assembled, though in villages abroad, by reason * c. priscis. 56. dist. of scarcity of such men, it be permitted: because it was then intended, that in cities all things necessary being more plentiful than in the country, they might by one benefice be sufficiently maintained. Therefore his three several assumpts or Minor propositions, wherein he assumeth without proof, that absolutely, It is against the good custom of the church, a proper kind of merchandise and filthy gain, and uncomely, in any respect, for one man to have more benefices; are all to be denied as untrue. Yet I must put him in mind, that the Mayor of his last syllogism is also untrue; because, if he understand, In the church, that is, amongst christians (as he must needs do, or else taking it for the public assembly about the exercises of our religion, he shall speak beside his purpose) many things are lawful, which are not expedient, and therefore not comely. 5. Section. Pag. 111, 112. IF his store to this purpose were either so great, or so good as he maketh boast of, than was he greatly overseen in his choice, to cull out this constitution of the Legate Octobone in steed of all the rest. For the words which he hath alleged, as is evident to him, which will peruse the former part of that * Const. Othoboni de institut. seu collationibus. §. 1. constitution, (which yet our author of his own absolute authority hath transformed and divided into two chapters, as though the one did not depend upon the other) are spoken against such, as Are not able to take charge over themselves, which do not reside upon their cures, which are not in any sacred orders requisite to the retaining of such a benefice, which do not only usurp many, but infinite such benefices, which though they would, yet by no possibility are able to satisfy their charge, which violently intrude themselves into such benefices, which by subtle devices & colourable shifts do seek to retain them, & lastly which have no dispensation thereunto obtained from the apostolic See, as the canons in this behalf do prescribe. Therefore it is no marvel, those so many blemishes, or diverse of them concurring, that these blind leaders (except they had been as blind as moles or béetles) did perceive such great inconveniences therein, as that they could not but thus greevoustie exclaim against them. Which before it can be applied to our plurified men, as this foolified phrasefiner termeth them, he must first prove, that the cases of both are alike. 6. Section. Pag. 112, 113. IT could never have come to pass, but that the Abstractor is Gnaviter impudens, that he should object the same statute for the absolute prohibiting of the retaining of more benefices, which doth alonely establish all dispensations for Pluralists (saving for the Chaplains of some few qualified persons, by other statutes afterward provided for) that be or can be put in practice in this church of England. Wherein yet we may observe even in the very words by himself alleged, though we go no further, that the having of more benefices is not so generally prohibited, but that in respect of the poverty of the first benefice, as being under eight pounds yearly value, agreeable partly to the canons in this behalf, a man may without further qualification or dispensation by that statute exacted, retain also a second of what value soever, without avoiding himself from his first benefice. And because our author hath here made a gallant show of certain general laws, prohibiting (though not simply) the retaining of more benefices: and is now ready priest to improve with all his might, that which may be objected to the contrary, touching such laws, as do permit by dispensation to some persons and upon some occasions, the enjoying of more than one: it shall not be amiss briefly to point out such laws and canons (besides those few, which hitherto have been here and there aforetouched) which do directly prove, that by dispensation it is lawful, to be possessed of more benefices than one at once, upon some reasonable occasions. It appeareth by a a c. de multa. Extra execrabilis de prebendis. whole Decretal set down of purpose concerning plurality of benefices, that dispensations may be granted for retaining of more benefices by one man. It is likewise in another place b c. ordinarij, §. 1. & §. caeterum de off. ordinarij in. 6 decreed, that as those which can not show forth sufficient dispensation, shall be devested of those benefices, Which in that respect they do unjustly hold, so if they can show a sufficient dispensation, they shall not be molested for them, because they do hold them canonically. Many examples hereof might be alleged here and there dispersed: as c c. cum capel. Extr. de privilege. where certain praebendaries are mentioned to have claimed an exemption in the parish churches, which they enjoyed; because the place whereof they were praebendaries, was exempted. And d c. relatum. 2. § fin. Extr. de testam. again, where it is decided, concerning the distribution of his goods, which had diverse benefices. Another example hereof may be taken out of Concilium e c. unum. §. pont. 2●. q. 1. Agathense, where it is decreed, that An abbot may have two monasteries, and both of them as in title, but by special privilege, and not of common right. And it is decreed in the f c. Clericum etc. sequent ib idem. Council of Chalcedon, that a man may be a Bishop of one place, and an Archbishop of another all at one time, yet the one by title, the other by way of Commendam: like as we read of Oswald, who in the days of king Edgar before the conquest retained both the archbishopric of York, and the bishopric of Worcester together. An example also here of more ancient doth appear in the g c. relatio. etc. vl. ibidem. days of Gregory the Great, where by his appointment one was both Bishop of Terracon, and Bishop of Funda at one time; yet the one by title, and the other Commended unto him by way of trust for tuition. And the gloss hath very well gathered out of Hostiensis five other causes, wherein two benefices may be committed unto one man to be holden in title. h c. unio. 10. q. 3. c. eam te Ext. de aetat. & qual. First, when the churches be of poor and mean revenue. i c. uli. §. sique dist. 70. Next by the dispensation of the Bishop, so that it be in his own diocese, and in simple benefices, for k Add. ad gl. ver. in duabus, ibidem. otherwise it belongeth (saith he) to the Pope to dispense. l c. 1. in fine 21. q. 1. thirdly for scarcity of sufficient men to serve in that function: upon which consideration, the canon alloweth in villages in the country one man to have two benefices. m c. relatio. d. c. de multa, etc. ordinary. fourthly, by dispensation of him that hath authority, which in those times they attributed to the Pope. n Gl. in ver. pendeant. c. eam te Ext. de aetat. & qual. c. super co etc. cum singula in pri. ver. nisi unus de prebendis. in 6. Fistlie and lastly, if one benefice be annexed or do depend upon another. 7. Section. Pag. 113, 114, 115, 116. THe Abstractor seemeth in this section so big with matter, that he confusedly shuffleth together the confutation of his adversaries (supposed) objections, with the proofs, which he bringeth to overthrow dispensations, as not knowing whether of them he had best to be first delivered of: and yet it will prove but a tympany, which in this manner doth no less trouble him, than if it were an arrow sticking in a dog's leg. First of all he here telleth us, that Although the magistrate in some cases besides the law, may licence and dispense, yet in the matter of pluralities it will not be found: being as much in effect, as if he had said; None authority whatsoever can lawfully warrant a man to retain two benefices. This nevertheless he leaveth unproved wholly, and passeth on, by way of objection upon ground of certain general rules, to frame for those which are abbettors of pluralists a reason, which I will briefly gather into a syllogism, though he have only framed an enthymeme thereof, and in steed of the antecedent, to wit: Pag. 120 that Churches were founded and distinguished by law positive, which afterward he affirmeth to be unture, he here denieth not that, but the Consequence, as unnecessary and sophistical. The argument may be thus gathered. The same authority, which hath first distinguished churches, may unite them again. For the reason and ground whereof, he bringeth these general rules, He may pull down, who hath set up: and the interpretation of the law belongeth to the lawmaker. But the authority of positive law hath first distinguished churches: Ergo the authority of Positive law may unite them again. To those general rules in the first place he answereth, that If they be generally understood without limitation & distinction, they be either utterly false, or else contrary and repugnant to other principles of law. Truly this is very strange law unto me, to hear that one principle of law is contrary to another. If he had said repugnant alone, it had been tolerable: but he speaketh with a copulative, and saith, they are both contrary and repugnant. Wherein also he overleapt his Logic a little, for there can be no doubt but that every Contrariety is a Repugnancy, though not contrariwise. And I always was charged to believe, that there were no Antinomies in law: though yet this be true, that mere contrarieties, yea and contradictions also (as afore hath been touched) may be collected, and will follow upon those reasons, which may be gathered upon general rules. And therefore the safest and most sound reasoning is drawn from the particular decisions of law, and not by the in●nit disputes and altercations (as Tully calleth them) arising of general rules. And where he saith, that If they be generally understood without limitation, they be false, how can he apply this any way to his purpose? Except happislie he will reason in this sort: There are some cases wherein they fail, Therefore they fail in this point also, which we now speak of: and then this is a Fallacy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Also where he secondarily answereth, that No Maxim in law is so infallible, but that it receiveth limitations and restrictions, he saith truly, though to his purpose very impertinently: except he could show, that in this case, which we now have in hand, it is so limited and restrained, as he would enforce. And yet by the way it may please him to call to mind, that now he Inconstant dealing. condemneth that reasoning upon general rules As weak and without any sure settling, which so oft he himself in the first treatise hath used. Also in this place we may observe a contradiction by him delivered: where he saith, No rule A plain contradiction. can be so generally given, that receiveth not some limitations: which is (as he affirmeth) an infallible Maxim in law. For either this Maxim & general rule must not be so infallible, but that it shall receive some limitations, or else that other must be untrue, that there is no general rule, but it hath his limitations. But he leaveth at the last these reasons of random, for proof only that general rules may receive limitations, and taketh now upon him to prove, that these two rules than do fail in deed and receive limitation, when the cause of the prohibition is perpetual. But his proof hereof is nothing else but his own assertion, without either law or interpreter of law, which so doth limit it. For in deed the law, which he here quoteth, and the gloss which allegeth that law, saith nothing else but * L. 35. si stipulor. ff. de verb. obliga. this, that If I take stipulation or bond of a man, to do that which either nature forbiddeth to be done, or which the laws do forbid, so that there shall be a perpetual cause of the said prohibition, the bond is void. But how doth this prove, that the general rules afore touched be limited and distinguished by this law, whereof it maketh no mention? Yet if we should admit it, can it be truly said, that the laws do so forbidden retaining upon any occasion or by any means two benefices, that the cause of that prohibition shall be deemed to be perpetual? Seeing the laws themselves do directly (as you have heard) upon sundry occasions determine the contrary. Neither yet doth it follow, because a bond is void, which is taken against such a law which hath perpetual cause of prohibition, that therefore an indulgence and dispensation of like sort should be also void. For he will not deny (I hope) but that the reason, why malefactors ought to be punished is perpetual, as not being of that nature which may be wholly abrogated: and yet in some special respects it is lawful, even In foro conscientiae for the prince to pardon their faults, and to release their punishment. For (I trust) our Abstractor is not of * T. C. pag. 98. his opinion, which thinketh both that the law of Moses for capital punishments ought exactly even among us to be observed, and also * T. C. pa. 100 that her Majesty ought not to pardon the life of any, which God by the judicial law given to the jews, did punish by death. Now having by the examples of Murder, theft, and blasphemy, which have a perpetual cause of prohibition, showed his meaning herein: he ariseth from these particulars to collect a general Ab hypothesi ad thesin: that seeing None may take away or dispense with the reason of a law, being the life and soul of the law, therefore no man can dispense with the law, or take away the law. Which being spoken indefinitely of a law, must needs be equivalent (as law doth teach us) unto an universal: and then both he shall be found to be contrary to himself, having before Contrariety. Pag. 113. delivered, that In things depending upon the mere disposition of man, the magistrate may dispense: and also very absurd, in taking away all privileges and exemptions from the general rigour of sundry laws. Moreover we are taught by law, that of * L. non omnium. ff. de legib. Abb. in c. si quando. Extr. de rescriptis. many laws a reason can not be rendered, neither ought we too curiously to search after the reason of them. Whereby will follow upon this man's words, that many good & wholesome laws do want their life and soul. But if he will say, he only meant such like laws as he brought his examples of, which do seem immediately to flow from the law of nature: beside that it had baene meet, he should have expressed herein his meaning plainly, yet is the consecution of his argument faltie: for that it is not necessary, wheresoever any of these laws, which are derived immediately from the law of nature, are upon any circumstances dispensed withal, or taken away, that it should be concluded thereupon, that The reason, the life, the soul of the law, which is the law of nature, is taken away. For though God, whose will is perfect justice, and who prescribeth laws to other and not to himself, did appoint the children of israel to rob the Egyptians: yet this notwithstanding, the general law against theft grounded upon this reason and law of nature, That one man may not hurt or do injury to another, was not after this time hereby taken away, or out of this case dispensed withal. Likewise, though Moses for the hardness of their hearts did permit the children of israel to put away their wives upon any mystic, and to marry else where: yet was not the reason of the law of matrimony, being reckoned by civil law to be the first law of nature, clean taken away by this indulgence and dispensation given unto them. Yet the Abstractor upon this false position, that None can dispense for plurality of benefices, but he that may dispense with the reasons, whereupon plurality of benefices is forbidden, doth ground as absurd a reason to prove, that none can dispense with the reasons of such prohibition, as that is an untrue assertion; in this manner: None can alter or dispense with the reasons forbidding pluralities, but he that can alter or dispense with the law of nature, and the law of God: But no man can alter or dispense An absurd reason. with the law of nature or with the law of God: Therefore none can alter or dispense with the reasons forbidding pluralities. Which argument I was content a little to help, and to frame in this form, though he had made it much worse, and in diverse respects contrary to rules of Logic. For he did put a part of the Medium in the conclusion, where he saith, Dispense with the reasons of either of them; to wit, the law of nature or law of God, which is the Medium of his syllogism: & had put in also Quatuor terminos. For in the one proposition he nameth The equity of the law of God, & in the other, only The law of God. The consecution of his Mayor he proveth hereby, Because the reasons which forbidden pluralities are taken from the law of nature, and the equity of the law of God. The one part of his Minor, that No man can alter or dispense with the law of God, he proveth by this, Because the will of God is the only cause of the law of God, and his only will the rule of all justice unchangeably. Now concerning the form of his argument, it is very absurd, & such as any child of ten years old being in the Unsuersities, can tell him to be Neither in mood nor figure, consisting wholly of negative propositions, and therefore doth no more follow than this argument; No man is without sense, No stone is a man, Ergo No stone is without sense. And because the matter of this reason here by him delivered, is one of his chiefest fortresses and bulwarks of this treatise by him opposed against Pluralities (though I persuade myself, neither he nor any other shall ever be able to frame a sound reason upon these terms:) yet it shall not be amiss, a little to examine also the pith of all these his last several assertions, which he taketh as undoubted truths. And first, that None may dispense for pluralities, but such as may also dispense with the reasons that do forbidden them, may apparently be showed to be false, by infinite positive laws: which may be changed, abrogated, or dispensed with, though the reasons whereupon they were grounded, be not subject to such alteration or qualification, but only then declared, upon some circumstances necessarily weighed, to cease, or not to have place in such especial cases. Naturaliter obligamur ad antidora, we are even by c. § consuluit. in l. sed & si lege. 25. ff. de petit. haered. nature bound to recompense one good turn with another. * Xenoph. li. 1. Cyri. Seneca. li. 3. de beneficijs. c. 6. In which respect amongst the Persians and Macedonians, there lay an action against him which should show himself unthankful. Now considering that amongst us, and the most nations in the world beside, such actions have no place, but it is thought most convenient to lcave it to the very shamefastness and good nature of him that hath reaped a benefit: yet it may not therefore be said, that we have also taken away the general reason, whereupon this law of the Persians was grounded, being the very instinct of nature. * Herodot. li. 1 Amongst the Persians it was holden a dishonest thing for a man to spit; because it argued he gave not himself to activity and laudable exercise of the body. But we may not hereupon argue, that amongst us, where no such thing is noted, good exercise of the body is condemned. For the more grievous punishment of drunkenness, Pittacus * Arist. in Polit. one of the seven wise men of Greece made a law, that he which should beat any man being drunken, should be much more grievously punished, than if he had done so being sober. Yet we which raise not the damages of a battery in respect of the drunkenness, cannot therefore be said to allow or to dispense with drunkenness. Also for a notable reason drawn from the law of nature, whereby matrimonies are established, it was provided in Greece, that he which was not married before he were five and twenty peers old, should not be capable of any inheritance by descent. In the like respect whereof * Plato. a divine philosopher saith, that God would have man to beget man, that thus there might be a continual supply made of those which should worship him. Nevertheless, those nations which in matters of matrimony, do yield a continual freedom either to marry or not to marry, upon good grounds; may not therefore be said to take upon them to dispense with the reason of such laws, as seemed herein more merely to exact that which the law of nature in some sort doth require. It is most agreeable to reason, to have children bred up in all kind of good learning even in their tender years: yet nevertheless we cannot * Lagus. lib. 1. condemn Fredrick the first, who throughout all Tuscia did forbid, that in inferior schools nothing should be taught but Grammar and Music, lest otherwise the tender wits should be overburdened at the first with matters of too great weight. And though upon the reason and ground of the law of nature, younger sons and daughters, as being both in like degree with the eldest son unto the parents, and more unable than he to provide for themselves, are to succeed their father in lands and goods by the course of the civil law, yet retained in Germany and many other places, & sufficiently confirmed by that reason of S. Paul, which we must needs allow to be most concludent, If we be sons then are we heirs: yet may not the course of the common law of England, giving by descent all the land unto the eldest, as most fit for the entire conservation of the family, and being the first fruits of his father's strength, be accounted to impugn or dispense with the reason, whereupon the other course is grounded: but only to be received as more fit for our commonweal, and therefore agreeable to the rule of justice as well as the other. There is no man can dispense that it may be lawful in general, that a man need not pay that which he hath borrowed: yet particularly the * ff. de S. C. Maccdo ff. de mincribus. civil law hath justly decreed, that the said reason hath no place in such, which being in their nonage, or being under government of their father, do borrow money. Also * L. patronus ff. de re. iudicata. the patron, or master, his father, or his children, if they become debtors to him whom he hath enfranchised and made free, they cannot by such a freed man be sued to pay any more of such debt, than conveniently they may pay, without their utter undoing. It were infinite to set down those good and wholesome laws, which being settled upon the reasons drawn from the law of nature, are nevertheless upon due consideration of circumstance restrained and abridged from their general force, in women, young men, old men, soldiers, clerk, scholars, husbandmen, artificers, and such like; which all to diverse intents do by the disposition of wholesome laws, enjoy privileges, immunities and exemptions: and * Vide gl. in § sed naturalia instit. de iure naturali. yet the reasons of the said general laws are thereby neither impugned, altered, dispensed with, nor released. Whereby it is withal very evident, that this reason of his doth not follow: Because the reasons forbidding pluralities are taken from the law of nature, and of God; Therefore no man can dispense with the said reasons, but he that may dispense with those two laws. For seeing a law may be upon circumstances dispensed with or altered, whereof the general reason or ground is not touched: why may not in like manner the reasons against pluralities be limited and restrained, though that law, whereupon those reasons be grounded, be no way impeached? Which reasons against pluralities, how well they be grounded upon the law of nature, shall also in his due place appear. The first part of his Minor, That none may dispense with the law of God, if it be understood, that such things as he hath perpetually and inviolably commanded to be observed, no man may by any authority omit; nor such as he hath likewise forbidden, by any man be put in practice: it is very true and undoubted. Yet it is as undoubtedly true on the other side, that many human actions may without spot of impiety vary, and be otherwise ruled and directed in commonweals, than is reported by scripture in like cases to have been observed. For * Matth. 19 though from the beginning it were not so, whereby is signified, that it swerved from the integrity of the law of God, and purity of nature: yet did Christ partly excuse the dispensation which Moses gave to the israelites for putting away their wives upon any mislike. In the * Exod. 22. law of God, theft was but punished with restitution of twofold or fourfold, and * prover. 6. seemeth to be much qualified, as not being so heinous a sin in respect of adultery: yet nevertheless our law, which punisheth the one by death, and the other too mildly indeed, is not therefore by the word of God condemned. By the law of God confirmed again by our saviour Christ, all matter of controversy was * Deut. 17. john. 8. ordered according to the depositions of two or three witnesses: notwithstanding our trials at the common law by twelve lawful men, being like to Pedanei judices in the civil law, and Pares curiae in the feudal law, not always lead by two witnesses, but sometimes by one, and sometimes by none, but only by violent presumptions gathered upon the words of the witnesses, are both tolerable and lawful. Likewise, though three witnesses at the civil law do directly depose concerning a man's testament, yet if no more were present, the testament shall be overthrown, and that with good conscience, where that law hath place: which requireth the seals of the testator, and of seven witnesses. The like may be said of our inheritances, which descend only to the eldest in blood, though the aforesaid reason of S. Paul being sound, doth make all the sons heirs, as before was touched. Concerning the other part of his Minor proposition, that None can alter or dispense with the law of nature, because all natural things are immutable: I say first, that by this untrue translation of All natural things, in steed of All laws of nature, he hath disaduantaged greatly his own cause. For it is very notorious, that not only all natural things, even the heavens themselves which do were old as doth a garment, are subject to mutability; but even particular nature, or (as the old schoolmen term it) Natura naturata is inverted and changed by many casualites, as in production of monsters: and the natural inclinations of many are bridled, and almost wholly subdued by good education, joined with the grace of God. Even the heathen philosopher Socrates confessed that he was by nature blockish and lecherous, as the Physiognomer had conjectured, which yet he had altered by Philosophy. But it is also requisite that we should, upon particular discourse of sundry laws of nature, consider how well the Abstractor doth understand this law, which he bringeth, to prove the unchangeableness of the law of nature. By the very first law of nature, no man did seek any further than to lead a private life, thinking it sufficient to provide only for himself, his wife and his children, without any care or thought taking, for any public or commonweal. This appeareth by * Aristot. li. 1. Polit. c. 1. Aristotle, who concludeth the first and simplest society and community by nature, within the straits of a man's own family. Of that time an ancient * Lucretive li. 5. poet speaking, saith thus: Nec commune bonum poterant spectare, nec ullis Moribus inter se scibant nec legibus uti, Quod cuique obtulerat praedae fortuna, ferebat Sponte sua, sibi quisque valere & vivere doctus. Whereof the wise and famous poet Homer giveth also an example of a natural course of life in the Cyclopes, where * Odysi. 9 he saith (as he is translated very well:) Soli habitant: nihilhos aliena negotia tangunt, Vxori tantùm & natis, ius dicere docti. Now, how far we, and almost the savagest Barbarians that live upon the face of the earth, are altered and changed from this solitary private life, and are reduced to entertain the commonweal and public benefit of our country, even with hazard and loss of our own life, and of all that is otherwise most dear unto us: we have experience by the daily examples of valiant resolute men, and of good subjects in all ages. Which kind of prodigality, and profusion (if I may so term it) of our own blood, and incolumity in regard of the publike-weale of our country, is greatly differing from that instict, whereby every man is naturally lead by all means possible, to preserve himself from all bodily dangers. Likewise the natural bond and conjunction of man and * L. 1. §. ius naturale ff. de justitia. woman by matrimony, as Ulpian doth term it, hath been subject to changes, even by the * Matth. 19 appointment of the divine lawgiver Moses: yea, and moreover upon the necessity of the circumstances therein considerable (lest that unkind people should miserably torment their wives which they hated) is not condemned simply in Moses by our saviour Christ. But if we will affirm, as human writers do teach, that the first and simplest times of nature had no certain marriages, nor knew no children in certainty, till people had drawn themselves into common societies one with another; and with Castrensis, that the conjunction of man and woman is of the law of nature, the bond of matrimony with one certain woman of the law of nations, and the solemnities about marriage to be of the positive law of every several commonweal: then is the law of nature herein greatly (though justly) changed and restrained by the prohibitions of marriage in certain degrees of affinity and consanguinity first set * levit. 18. down amongst the people of God, and afterward by the light of reason, amongst most nations (though heathen) entertained. Yea, if matrimony be of the law of nature, then is the natural liberty thereof very much abridged, by such * Instit. de nuptiji. § 1. wholesome civil laws, which make it otherwise no marriage in those, who are under their father's tuition, except their express assent be first obtained thereunto. * Tull. li. 2. de natura deorum. l. liberorum. 220. §. vlt. de ver. signific. Another branch of the law of nature, is that care of perpetuity which is engraffed in man: which because it cannot be attained unto in himself only, he seeketh it naturally, partly by consecrating upon due desert, his name to immortality, but much more by substituting (as it were) his children in his own place: which may flourish when he is in decay, and in whom he may seem being dead, in some sort as it were to live again. And yet it is not unlawful, no not in terms of divinity, for a Matth. 19 1. Cor. 7. a man that can contain, to lead a sole and a single life. And that this is a kind of natural expectation in parents, as it were to were young and to live again in their children, it may hereby be gathered; because b L. isti quidem §. vlt. ff. quod metus causa. divers do much less esteem their own life, than the life of their children. And even as by the disputation of philosophers, and decision of lawyers it is found, that the c Plutarc. in Theseo. ship wherein Theseus was carried into Candie to subdue the monstrous Minotaur, being for a memorial of that act, so long kept by the athenians, that by continual repairing of it, no one plank or piece of timber was left, which it had in the time of Theseus; yet was d L. proponebatur ff. de judicijs. to be accounted the same ship: and as we are to be accounted the same people which we were two hundred years ago, though no one of that age do now remain: even so by the continual succession of our issue one after another, we seem to be often borne again, and thereby to enjoy a kind of immortality. The next bud of the law of nature, is the defence & education of our children, both because of their weakness, which is such, that if we should but deny our help to any other (though far more strange unto us than they are) being in like case, we should break that e Tull. li. 3. office law of nature, which commandeth man to do good to man, even in that respect that he is a man: and also because they are a part of ourselves, to the propugnation and bringing up of whom, we are taught by the lively examples even of sundry dumb creatures. f Li. 3. ca 22. Birds (saith Lactantius) almost of all sorts have a kind of coupling in marriage, and they defend their nests as their marriage beds; they love their brood whereof they are certain: and if ye put unto them any other than their own, they drive them away. Beasts also, for the rearing up of their young, will abide hunger and cold: and will not be afraid to endure grievous blows and wounds in their defence, So that where Euripides saith, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Philustrat. lib. 2. c cap. ●. Apollonius doth justly reprehend him, in that he should have better said, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: because not to men alone, but to all other living creatures, their issue is unto them as dear as their own life. Nevertheless, we see by daily experience how much this care of parents over their children, not without good reason altereth and decayeth, when the children are of that strength and discretion, that they may well enough provide for themselves. In which respect emancipation of children being grown to years, was also devised. Another part of the law of nature consisteth partly in the repelling of danger and injury from us, and partly also in the just revenge thereof. And although some interpreters of the civil law, being deceived by the order set down, do attribute the repelling of force to the law of nations: yet * Dist. 2. c. ius naturale. Gratian directly doth make it of the law of nature. It appeareth so to be by that which * In proëmio. lib. 7. Pliny saith of beasts: There is none of them, but if violence be offered, he hath anger in him, and a mind impatient of injury, yea and a great forwardness to defend himself when you hurt him, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And * Pro Milone. Tully affirmeth this to be no written law which we have learned, but which we have drawn even from nature itself. So doth the * L. 3. ut vins ff. de just. law also decide this matter of repelling of injury and defence of ourselves, agreeably to that which * Lib. 1. office Tully (elsewhere) to the same purpose noteth. Who in the same book likewise affirmeth, that it is a chief office of justice to hurt no man, except we be provoked first by injuries: and this revenge of injuries dependeth also and is strengthened by that law of nature, which willeth us to yield to every man that which is his own: which is done by benefiting the good, and punishing the bad; lest impunity should entice them and others to offend. And that this is natural, we may gather by the like instinct in all beasts. For the which cause * Plutarch. li. de profectu morum. Brasidas being bitten by the hand with a mouse, did observe this, that there was no beast so little, which would not seek to revenge himself being provoked: in which * Lucreti. li. 5. respect it is said: Sentit enim vim quisque suam, qua possit abuti. Cornua nata priùs vitulo quàm frontibus extant, Illis iratus petit, atque infensus inurget. Yet notwithstanding, upon just occasions, men being weary to become their own revengers, and not able to retain a mean in revengement, thought it best at last to run to the remedy of laws for the punishment of wrong and violence, as that poet in the same book testifieth. Upon which occasion, though the laws do still permit (according to the first law of nature) a just defence of ourselves, yet do * L. 1. C. unde vi. they inhibit all violence offensive, and revenge of injury to be used by us: for the which cause Baldus calleth that moderation of defence the treacle of those laws, which do permit the repelling of force and injury, with the like. Also that law of nature concerning the succession of children in the goods and lands of their parents, being reckoned by Gratian, and reported to be a law of nature in sundry places of the civil laws, is no less than the rest encountered, changed, and abridged upon diverse occasions by good and necessary positive laws of several nations. By the * L. verbis legis. 120. ff. de ver. signifi. law of the Twelve rabbles (which continued for many years together) the fathers (without any cause) might disinherit their children. In England it is provided, that the inheritance only shall descend unto the eloest son; and yet may the father also by sundry means cut off all his children and kindred from the enjoying of his lands and goods, if he be so hardly disposed. Yea both by the civil law and common law, if the father do commit treason, his children are devested of his lands, and by the one of them made uncapable also, to take any lands by descent from another. Another law of nature, which is reckoned by Gratian, is, the common dominion of all goods and lands, without any distinction of propriety to this or that man: by reason that the fruits of the earth in that searsitie of men in the beginning was enough, and more than sufficient for every one. But Gratian seemeth to misname the matter something, where he affirmeth the possession of things then to have been common. Which as as it could not possibly be, so is it certain that none without injury and breach of the law of nature, might invade the possession of that, which another had first taken up for his own use, so long as he would so employ it. Except we will with Castrensis extend this community only to unmooveables, as land; and not to movables: because such did fall to his share only, which first did occupy them, as he is of opinion. Yet not long after, and ever since, as well upon further increase of people in the world, as for the avoiding of contention, and for some punishment of such as otherwise by violence would have lived idclie upon other men's labours: it was thought meet by general good liking of all nations, to bound out the dominions of every man in several propriety: which course, all the civil nations in the world at this day do inviolably and lawfully practise, notwithstanding the first law of nature were to the contrary. The next law of nature to these, is, * L. manumisones. ff. de justitia. that liberty and freedom, wherein we are all borne, and whereby a man may do what he list, so long as he offendeth not. In which * justit. de iure naturali §. ius autens gentium. respect the law saith, that bondage and servitude is contrary to the right and law of nature. Nevertheless it is very notorious, how from time to time it hath been usual, to keep such in bondage for their punishment, who either themselves, or whose ancestors had been taken in war, and saved from death, the danger whereof they had incurred: and it is yet amongst all nations (saving in France) yea even in many places of England lawfully retained, without any disagreement herein from good christianity. Yea it is so far off from injustice to restrain and abridge that unconsined liberty, which the liberality of this law of nature had endowed us withal, that it was more than necessary to bridle and bond it within the lists of good and necessary laws and ordinances, as we see it is used at this day in all well governed commonwealths. Another of those, which Gratian in the place before alleged reporteth to be of the law of nature, is this, that the propriety and free use of those things which live in the air, the land or sea, aught to be in him which shall happen to take them. Yet now we * 14. Hen. 8. 1. Trespass. see, that it is not lawful for us to take the wild fowls, which breed in the reserved trees, though growing upon that ground whereof we are leassees and farmers for the time. Also it is not lawful for me to take such wild dear, as are found within mine own land, being by due course of law once afforressed by the Queen. Again, the sturgeons, whales, seals, & other fishes royal belong not by law unto the taker of them, but unto the Queen by her highness prerogative. Moreover Tully saith thus, If we will * Paradox. 4. weigh things by the weights of nature, and exact them according to that rule of general justice, than those shall as much be blamed that do but in mind, as those which do in act offend. Yet the * L. cogitati. ff. de paenis. law decideth, that no man is to be punished for thought only: and that an endeavour shall not hurt a man, when the matter attempted did not sort to any intended effect, except it be in those facts, which be most enormous and heinous crimes. Another law of nature there is, which bindeth us to keep touch in all contracts and compacts, as to * Dist. 1. c. 8. ius naturale. restore those things which of trust are recommended unto our custody, and such like. Which is grounded upon these rules of nature, That we may hurt no man, That we must give to every man his own, That nothing is more agreeable to natural equity, than to keep touch and perform what we promise, and That we * L. nam hoc natura ff. de cond. indeb. cug●t not to be enriched with another man's detriment. Which second rule * In. l. 1. ff. de pactis. Accursius maketh to be also a bond of natural equity, though in that respect he be (in mine opinion) not justly reprehended by Castrensis and jason. Yet it is easy to consider, how diversly the laws of sundry nations have altered and changed these rules and laws of nature. For besides that both by the Civil, and the law of this land, a bare compact or promise doth give none action, because no man is hurt by such breach of promise: the said laws do also suffer without punishment, that in contracts men may freely one cirumvent & go beyond another: but the Civil law restraineth it thus, so that he be not deceived about half in half in the price. In which respect * Seneca li. 2. de ira. cap. 27. & seq. Seneca wisely saith: Who is he, which professeth himself innocent of all breach of laws? Yet if it were so, what a slender integrity is this, to be only good according to law? For how much more is the rule of required duties larger than the rules of law? How many more things doth piety, humanity, liberality, justice, and good meaning require of us, which are out of the public tables of law? Nay, we cannot possibly conform ourselves to that most exact rule of innocency. For we have done, we have thought, we have wished, we have favoured matters differing from it: and we are perhaps innocent in some things, only because it hath not fallen out according to our desire. Also by our own law these rules of the right Doctor and student. cap. 51. of nature are manifoldly crossed and altered. As if a man kill another with my sword, I shall lose my sword. If my horse stray away, and I do not hear of the proclamations, whereby I may challenge him, I shall lose him without any default of mine after a year and a day. If my ship make wreck within a little of the land, and all living things there in perish, though within three hours after by the ebbing of the sea, all my goods may be come by upon the dry land; yet I shall lose them, and they are all come to the hands of the Queen, or of her Nighness' patentées: which in show seemeth not only contrary to the said rules of a C. de naufrag. l. 1. lib. 11. nature and rcason, but also to these principles, That a man ought not to add affliction to the afflicted, nor punish a man doublie, though it were for an offence, nor to take away that which is a man's own without either fact or fault of his. Therefore upon the premises we may conclude, that the Positive laws of sundry nations do not only take away and abridge the permission and freedom, and thereby change the law of b Arist. lib. 5. Ethic. cap. 7. nature in those things which of themselves contain no difference of right or wrong, before they be commanded (as to go over the walls of Rome;) but also that in many other points the said law of nature is partly released and enlarged, partly abridged and restrained, and partly also changed and abrogated. For the c Lius civil ff. de justitia. law saith thus, The civil or positive law is that, which neither wholly doth receded from the law of nature or of nations, nor yet doth wholly follow it: therefore when we add or take from common right, than we make a peculiar or civil law. To our author's allegation (which is now evident how well he understood it) touching The unchangablenes of the law d Gl. in verbo. sed naturalia. instit. de iure naturali. of nature, the gloss thereupon answereth, That the said paragraph speaketh of the law of nations, as may appear by those words, Quae apud omnes gentes: & supra. eod. §. quòd verò naturalis. Yet he saith, It may be understood of the primary law of nature, from which the laws that seem contrary, do not derogate, though it be not observed in those cases. For notwithstanding this, the law of nature remaineth good and equal. To the like effect doth e In dict. §. Angelus answer, The law of nature in itself considered is always good and equal, and in Abstracto is uniformly in force, but in Concreto it may be changed in some point. Which confirmeth that disputation afore had, that a thing may be altered or dispensed withal, whose reason is no way In abstracto thereby impeached. Another doth answer to these things in another manner, saying, That those things which are of necessity of nature are not changed, but such as be by presumption in nature, as fierceness in a lion, gentleness and humanity in a man, may be changed. A fourth man very well learned doth reconcile the matter thus: That the law of nature cannot by positive civil law be broken with that violence, which the law of nations and positive laws do judge worthy of punishment: as by making it lawful, that one might hurt another either in deed or word. Yet in my poor conceit none of these do sufficiently touch the point of the meaning of that rule, nor reconcile and meet with all the Instancies which have been & might be brought to the contrary. Which hath given occasion to some) whom a Li. 5. Ethic. cap. 7. Aristotle in that respect confuteth) to think, that there was no right in deed or law of nature at all, but only in opinion: because they did see natural things to be among all nations alike; as, for fire every where to burn: but they perceived, laws were not in all places uniform. In whose discourse against them, upon those words where he saith, Truly amongst us, some of those laws, that be naturally engraffed, are changeable, though not all of them, I do gather for this purpose two kinds of the laws of nature: one consisting in the distinction of right and just things from those which are not right but unjust which is called A law everlasting and unchangeable: the other is that which is occupied and referred to the utility and commodity of men, which upon circumstances of times, persons and places, without any derogation to nature, may be altered and changed, as shall be thought expedient. The first respecteth an holy and upright, the other a commodious life in us. And out of the first do flow those three natural b L. justitia. 10. ff. de justitia & iure. precepts, which without injustice can not be broken, To live honestly, to hurt no man, and to give every man his own, derived all from those heavenly sincere rules of righteousness, Whatsoever you would that men should do unto you, that do you unto them: and do not that to another man, which you would not have him to do to you. Which distination and reconciliation, though of all the other afore it seem to me most apt, yet the instancies of the deodand, of the stray superannuated, & of the wrccke upon the sea brought out of our common laws, and the prescription and use-winning after a certcine time of any moucable thing from the right owner by continuance of possession established by the Civil law, do seem to me not only to change and alter, but plainly to thwart and contrary even that chief law of nature, consisting in the distinction of right and equity: and so doth the a L. nam hoc natura. ff. de cond. indeb. law itself affirm of the last of these. Yet I know there is variety of judgements b Gl. in c. ius naturale dist. 1. Bald. in L. ancill. C. de furto. Azo. in summa C. pro empto. Angel. & Alex. in L. possessio. ff. de acquiren. possess. amongst interpreters, not only whether it be against the law of nature, or c joan. Andr. Anch. Francus in c. possessor. de regul. juris. only besides the equity of it; but also whether the d joan. Andr. ibidem. contra Cagnol. in l. iure nature. ff. de reg. juris. common opinion of writers be the one way or the other. So that the safest answer, and whereupon generally we may best rely, is this, that there is a kind of Subalternation (as the Logicians do term it) among the laws of nature, whereby the superior and more general may encounter and prevail against the more particular and inferior law of nature. And therefore this being the general voice of nature confirmed by the word of God, That we are to obey the law of our country, where we dwell, provided for the weal of the people in public, e L. vlt. §. vlt. C. de caducis tollendis. L. ita vulneratus. ff. ad leg. Aquiliam. (though perhaps against the profit and also right of some private men) according to that, Salus populi, suprema lex esto, (so that in the mean time they be not contrary to God's everlasting will revealed in the written word,) we may upon this ground lawfully allow both of these, and of other laws of like sort: how far soever they seem unto some, to serve from the law of nature in some respect, though in other regard, they stand grounded upon diverse sound reasons, derived even from the said fountain of nature, yet peradventure not so nearly and immediately as those do, which sound unto the contrary, Neither is this to be thought strange to men of skill & understanding, that two viverse principles of the law of nature, and of nations may be truly drawn to establish contrary things. Having thus showed (besides the absurd form of that syllogism, which is gathered upon his discourse in this Section, and consisting all of Nagatives) the wants also and untruths of both the propositions thereof Ex super abundanti; I will now more briefly examine the two other syllogisms, which he hath annexed thereunto. It is evident (I hope) by that which hath been spoken, that the Mayor of his first reason is unture, where, upon the perpetuity of a cause or reason of any prohibition, he would ground a necessary continuance of that which is thereupon established. The Minor thereof is also untrue, and to be examined in particular, when he cometh to the proof of it. Also, That every law grounded upon the reason of nature, and the equity of the law of God is immutable, being his Mayor of his second syllogism, he would prove by that which hath been examined afore; to wit, That all natural things are immutable. Which neither is of itself absolutelic true, but with that understanding which I have showed; neither doth the other follow of it, if this were simply to be granted, by any coherence of reason. For the groundwork, and that which giveth strength to a thing, may be sure and unchangeable, when as yet that which is built thereupon may be unsure and subject to mufabilities. Else we must needs establish a perpetuity in all good laws of man without any alteration, upon what occasion soever, seeing they all (though many ways diverse among themselves) do take their foundation and reason from the immutable equity of the law of God. His Minor of his latter reason, when he cometh to prove it, shall likewise receive (God willing) an answer. 8. Section. Pag. 116, 117. IN the very first front of this Section, wherein he undertaketh the answer to the fallacies (as he calleth them) afore spoken of, he assumeth by his old warrant dormant, to take without proof as granted (which is very untrue and never can be proved) That pluralities are prohibited by the law of nature and by the law of God: and so upon this his own liberal vealing with himself, without any further proof in this place, he denieth the Minor by him in way of objection set down: which assumeth Pluralities to be forbidden by the law of man alone. So that if upon the examination and overthrow of his proofs brought to the contrary, it may hereafter appear, that none other law besides the law of man doth forbid them; then will it follow by his own grant of the Minor, which is, Whatsoever is prohibited by the law of man alone, by the same law may be licensed again, that dispensations for more benefices may be granted lawfully: being the very contradictory of his chief position of this discourse. Where it is not also to be forgotten, that the said Mayor, which here he suffereth to pass Inconstancy. without venial, he venied (though foolishly) afore, when he said, The said consequence was unnecessary and sophistical. Pag. 213. in fine. The rest of this Section brought for proof, that Dispensations for pluralities do ratify monstruous things & against nature, (Which is the Minor of his second syloogisme) he proveth principally hereby, because the law against pluralities is the law of nature and of God, being the Minor as yet to be proved of his former syllogism. Which is the most childish kind of Circuition, & begging that which Childish fallacy. is in controversy, that ever I have heard the most foolish wrangling caviller or Sophister at any time use in schools, which wanted matter, and yet was to speak Ad clepsydram, and to talk out his task. But if the law be monstrous, what doth he make, or how dutifully doth he speak of those which passed and confirmed that act? The proof which in hand, that Privileges and dispensations are bestowed, where some general law is to the contrary, is wholly needless. Yet the first is wrong quoted, because he allegeth a Chapter in steed of the gloss upon the rubric: and the second is not found at all whither he sendeth us, though by way of argument it may be gathered out of that place. 9 Section. Pag. 118, 119, 120. THat which he brought a little before, to teach another to go, is here in be taught how to stand alone itself. For he would prove, because The reasons of the prohibition of pluralities are taken and drawn from the law of nature, and from the law of God, therefore pluralities are forbidden by the law of nature and by the law of God. Which consecution though it hang together by no knot of reason, yet is it left by him without further help, and by none other means approved unto us, but because he himself made it. But if every thing were to be said, either commanded or forbidden by the law of nature and of God, which hath for a reason and cause, whether near or far off, mediate or immediate, either the one or the other: then should all good and wholesome Positive laws of every nation under heaven, (all which do issue primarily from these sources and fountains) come under this rule, both to be unchangeable, neither to be dispensed withal upon any circumstance whatsoever, according to his own collection: and also the laws of nature and of God should be found to be diverse and repugnant to themselves in several nations, and in some points also contrary one to another: which is absurd and execrable once to be imagined: and therefore that absurd and erroneous, where upon this is gathered. For as sundry and different Positive laws may be drawn from one principle of the law of nature, or of the law of nations, (called The secondary law of nature) according to the less or greater proportion and measure of the influence of it into them, and yet all of them tolerable, and to be obeyed by those, unto whom respectively they do appertain: so, much more (no doubt) may repugnant Positive laws be grounded and established upon several Principles and Maxims of the law of nature. As may be seen by the inhere it ance upon descent after the order of Common law to the eldest, by Borough-english to the youngest, and by Gavel-kind to all sons alike. Likewise by the loss of lands in the son for the father's treason, by the course of the Common law, though the lands holden in Gavel-kind cannot be so forfeited. None of which laws (though contrary one to another) but they have both good and sound reasons, drawn from the law of God and of nature, whereupon they are settled: and also may both lawfully be retained, and upon just occasion in like manner be abrogated or reversed. Out of the Civil law this may serve for an example hereof, that although by reason it may seem, that any thing is fully proved by two or three witnesses above all exceptions: yet upon another reason, which is for the avoiding of all corrupt dealing in Testaments, being the last wish of the Testator, (and therefore most carefully to be provided for) it is by that law decided, that no ordinary Testament shall be effectual, which is not signed with the Testators, and with seven, or in some cases, at the least with five witnesses hands and seals. The reason of taking oaths in judgement is drawn from an ill cause, even that corruption of nature whereunto we are inclined (without some strict bond to the contrary) to deliver untruths, and to supplant our neighbours. Yet the oath is a part of the service of God, and necessarily in all judgements retained for deciding of controversies betwixt man and man. The reason and principal ground of forbidding women to procure and solicit their friends causes being absent, in judgement, was the unshamefast importunity of one Calphurnia: yet we may not hereof gather, that all women, which are likewise forbidden and debarred from appearing as attorneys for other, to be of like disposition unto her. And if laws, grounded upon reasons and principles of the law of nature and of nations, were thereby (as the Abstractor here gathereth) to be accounted of the like condition with the very primary laws of nature and of nations themselves: then could it not fall out, that there might be diverse principles and reasons of laws about one matter, tending to contrary ends: which yet happeneth three manner of ways. First, when of diverse principles and reasons some one, amongst the rest, notoriously beareth the sway. Therefore, though the freedom of man from bondage and thraldom of slavery, be many ways favoured in all good laws, as most agreeable unto the law of nature, whereby we all are frée-borne: yet for avoiding of injustice and injury among men, it is provided, that a debtor may not infranthise and manumit his villains, if thereby his creditors shall not find Assetz for their satisfaction. And the like to this is observed, when as many or more weighty reasons do sway one way, against fewer or meaner reasons of the other side. secondarily, this happeneth, when as one reason and principle is so counterpeised with another to the contrary, that it cannot well be decided, whether of them ought to be of more moment. As when it was doubted, whether in favour of liberty it were better to permit a young man, already come to his own guiding, to manumit his bondmen; or else to bind him from it, till he should attain the settled ripeness of xxv. years of age, required to other his alienations. It was by justinian provided, Feriendo medium, because of inconuentences that appeared on both sides, that he might manumit them at the going into the xviij. year of his age. And this equality & indifferency of principles differing as it were evenlie among themselves, is that which breedeth such great diversity of judgements, and so many controversed opinions in law both In schools and consistories; when men in pondeting and weighing of them are distracted into diverse opinions thereabouts. Whereof rightly to determine, is in truth the chiefest point of maturity and discretion that may be wished, or can be had in a notable judge. And yet herein it offentimes cometh to pass, that in respect of right and justice, it is not greatly material, whether the one reason or the other be allowed; because in regard of sundry circumstances, reasons, and motions of a man's mind, the selfsame thing may be diverse ways, if not well determined of, yet at the least not unjustly: which because unskilful men do not understand, thinking that upon every external transmutation of any matter, the inward property thereof is changed, and have not learned to conceive, that as in the sea it is not requisite, nor skilleth greatly to have all men sail just in one line, which go for one haven or port: they do therefore make great stir about nothing, as some huge volumes of law (for want of consideration hereof vainly written) may testify. thirdly when as the weight of these contrary principles, about a matter, are neither such, that one of them may far surmount the other; nor yet of such equality, but that the one shall something rebate and diminish the force of the other: whereby, that which directly cannot be brought to pass, is by some circuition otherwise effected. As although no law of nature be to the contrary, but I may freely marry hi● which was betrothed only in marriage unto my brother, without solemnisation or carnal knowledge; yet is this (in regard of a kind of external public honesty) not permitted by law positive. And though reason would that a man should not be damnified by any contract, whereunto he is inveigled by guile and mal-engine, nevertheless it is thought necessary, that he should first by sentence have his entire restitution unto that condition, which he was in before his circumention. And further, upon due consideration of circumstances, even the principles and reasons that be general, do often yield and give place to those which be but singular, ordinary to extraordinary, internal to external; yea, and natural to such as be but civil and positive, though by ordinary course it be clean contrary. Which due pondering of circumstances is of such force, that it interpreteth offentimes the generality of some laws of God, and declareth in some especial cases the reasons of them to cease, though they themselves in generality or in Abstracto (as others do speak) are immutable. For though the law of God be general, that he which sheddeth man's blood, his blood shall be shed by man; & that we should do no murder: yet is not the magistrate or executioner of justice upon malefactors, nor they which in their own just and necessary defence, or by chance-medlie and misadventure do happen to kill another, guilty of the breach hereof, or to be punished with penalty of death. And therefore upon these and such like circumstances, God himself did dispense with their life, and appointed unto them certain cities of refuge, as sanctuaries to fly unto for their safeguard. So did he by Moses his servant dispense for the hardness of their hearts with the law of th●indissoluble knot of marriage. And though by the law of God and of nations, all contrectation of another man's goods without the owner's consent be theft: yet is this matter so qualified and abridged (not unlawfully) with us in England, that an apprentice or servant, which carrieth and imbezeleth away his masters goods and wares remaining in his custody, and under a certain value, shall not be holden as a thief, or punished as a felon. And it is evident, that exceptions do abridge and limit the generality of rules, the common law of the land doth restrain and interpret the Maxims in that law, and the statutes and acts of parliament do cut off the common law. But let us pass from those things, which in generality being forbidden, have yet their exceptions, and upon the concurrence of some circumstances, are exempted from the reasons and generality of such laws. Touching his Antecedent, which is; that The reasons of prohibiting pluralities, are drawn from the law of nature and of God: which hereby he proveth, because they were forbidden For avoiding of covetousness, ambition, theft, murder of souls, dissolution, and for retaining of comeliness and decency in the church, it hath been partly spoken unto, in the beginning of the examination of this treatise. Further, it is to be remembered, that if these inconveniences do but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and for the most part follow the enjoying of more benefices by one man; or be but Causae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or impulsive unto that prohibition for the surer avoiding of such danger: then cannot any sound reason be grounded upon them, to prohibit more benefices to be retained by one man: both because a good man may use that thing well, which might be an occasion of sliding unto some other, not so well stayed: and also, for that the law may remain, where the impulsive cause thereof ceaseth; and of the contrary such cause may be of force, when the law is abrogated. But if he will make them necessary & actual effects, arising as of a formal or efficient cause, from the retaining of more benefices, and presume necessarily that all these must needs possess him that enjoyeth them: then should this fall out to be so, either by reason of the quantity of the stipend & livelihood arising of them, by the quantity of ground and content of both the parishes, by the number of the parishioners of both, or by the dividing of the auditory, whom at several times the minister is to instruct. If the quantity of the living and revenue do so necessarily infect a man with these vices and enormities; then should he have set down what ought to be the just measure and standard of every ministers yéerelie revenue, which he may not come short of, lest he want sufficiency of maintenance: nor any way pass or exceed, lest he fall of necessity into these damnable vices. But if there be such a tax, what may be said then of such, as albeit they have two benefices, are yet far under a mediocrity: and which if they might have six more, of such livings as they have, should not yet reach unto the value of some one benefice? Shall we say, he which hath but one such great one, is free from this danger; and he which hath two, though never so little ones, shall be caught with ambition for aspiring to such an high honour, and be touched with covetousness by the great temptation of such notable revenues, as peradventure will not make his pot seeth twice in a week? Nay if these sins must necessarily take hold of him, that hath even two of the fattest in England, by reason of the quantity of the revenue of them: and if the rest of his reasons be also in this point good and effectual, then shall the like stint of living, in all men, as well lay as ecclesiastical, be simply condemned, as being against the law of God and of nature, for fear of necessary staining of them with ambition, covetousness, theft, murder, dissoluteness, & breach of order. But if the quantity of ground, or number of the parishioners to be instructed be the efficient or formal cause of producing necessarily such foul effects: then should he likewise have cast out his model of ground, and proportion of every flock, which may not be exceeded: and should have showed us, how far the large parishes which we have in sundry places, aught to be shred off, lopped, pared, and thereby reduced to the Comeliness and decency which he fancieth. And also how this devise may stand with theirs and his own platform, which would have diverse parishes united into one. And likewise, why one may not have two parishes by the name of two, as some (by law thereunto allowed) have at this time: as well as by the new guise and devise, to allow the same man three or four parishes in deed, but united together and called but one. For the Abstractor maketh no difference in this treatise, whether the benefices do join together, or be disjoined by any distance, for he indefinitely doth condemn the having of more benefices than one, howsoever they be situate. And hereupon it would follow that it is more meet, that all the parishioners (though in the foul and short days of winter, how old and crazy soever they be) of three or four parishes, as they be now distinguished, should take the pains to assemble themsolues into one place to hear their minister, rather than he should come unto them, and teach them at home in their parish churches, as they now do lie in severalty. But if the dividing of his auditory, and teaching them at sundry times, be the very efficient or formal cause of this heap of enormities, and the only thing which misliketh him: then truly (besides that it can not be proved or yet imagined, how the division of a man's auditory should make the minister guilty of such crimes) he must also likewise condemn those which do teach and instruct several families at home and apart, from the rest of the body of that congregation. Also we must hereby disallow all chapels of ease wheresoever, some of which (as I have credibly heard) are in some places 6. 7. or eight miles distant from their parish church. And by the like reason, if all dividing of a man's auditory be so unlawful, it will follow that the minister is much to be blamed, which teacheth not all his parish at one time, though in deed necessary occasions of business falling out do draw sometimes one, and sometimes another into other places abroad, and do detain those which be servants very often at home, whereby it is not possible to teach them all at once. And therefore we may conclude safely, that the having of more benefices doth not formally or efficientlie infer any of those faults which the Abstractor, by the misunderstanding of the canon law, would needs enforce: and that thereupon the Antecedent of his reason is to be denied. And yet further, these reasons taken (as he saith) from the law of God, whereupon the prohibition of pluralities is grounded, and those second causes of one man's enjoying the stipends of many, of his unability to discharge many charges, of the hindrance of other from doing good in the church, being causes (as he affirmeth untruely) of nature, are not simply and absolutely alleged by the law (as may appear by the discourse afore) as things incident to any enjoying of more benefices: but only then, when as the party which so retaineth them, is not qualified sufficientlic, nor dispensed with thereunto, according as law requireth. And therefore his collection is a fond Paralogism 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by taking that as simply and indistinctlie spoken, which is limited and restrained only unto certain offenders of law in that behalf. And he might with as great probability gather, because coining is by law forbidden as high treason, that those who by authority are thereunto appointed, do break that law. Or because such who seize into their hands felons goods, or wrecks happening in their lordships, are unjust men, and punishable for taking that, which belongeth only to her Majesty: that those therefore are also wrong-dooers, who enjoy the same by special grant or privilege from her Highness or her predecessors, in reward of theirs or their predecessors good service. But the Abstractor in effect here confesseth, that all these great crimes in the canon law, were but objected against such as retained more Benefices without dispensation: and therefore by the perfection that is required in us, he would threap kindness of us, that for us to enjoy more than one benefice by dispensation, is To defend all those horrible sins and impieties as tolerable by dispensation. In which respect he asketh vainly, whether A dispensation from a Pope, or an Archbishop, can make theft no theft? etc. Wherein though it please him to join (in the poisoned cankerdnesse of his malicious stomach) the pope and the Archbishop together, who is (I dare sat) as far (and that is far enough) from popery, as the pope himself, either yet the Abstractor are from christian modesty and charity. Yet if he had but common sense (which now is drowned in malice) he might have remembered, that a dispensation doth not make a thing which is simply unlawful, to be thereby lawful; but declareth the rigour of some general positive law weighed with all particular circumstances, and the reason thereof upon especial grounds (considerable in that case and at that time) to cease, or else worthy to be released, and to lose his force, as being in such a case without the meaning of the law. And yet it is showed afore, that the enormities which he speaketh of, are not by law attributed to the having of more benefices simply, but when they are enioted contrary to law: nor even then as effects necessarily proceeding from pluralities, as from an efficient or formal cause, but as faults which may be presumed to possess those men, which will be their own carvers and judges, for the invading of many benefices, without authority. Yea, and if dispensation for plurality were such, as being strictly so called, doth release the rigour and extremity of the law positive upon favour only, and not for just causes or equity: yet might the * Arg. l. sed e●s● lege §. contulit ff. de petit. haered. l. 1. §. & magis. verb. prodeg. ff. si quid in fraud. pat. l. quia autem §. 1. ff quae in fraudem cred. juncta. l. 1. ff. de constit. princip. prince, or those to whom the law hath committed such full authority, as in diverse cases beside, with a good conscience dispense in it, even as well as they may give away their own goods, seeing this law is undoubtedly merely positive. Like as the prince may without offence to God, pardon (after the fault committed) the life of a traitor or felon upon mere grace and bounty, because the penalty descendeth from law positive, though he can not dispense without sin to God, that in time to come, a man may commit treason or felony, because they are forbidden by the law of God. And such pardon he may lawfully grant (even without any cause) to one, and deny to another, as freely as he may create knights, endenize, * ff. & C. de natal. restit. & in Auth. quibus modi● nature. efficiantur● legitimi. legitimate, and restore to blood whom he thinketh good, and refuse to impart the like grace and favour to other. And this, if it be for a matter past, is by some termed an Indulgence or pardon; if for a benefit to come, a Dispensation; & for a present pleasure or gratification, is called a Privilege. There may be also good reason of granting these, when as for some considerations it is profitable to grant such exemptions, besides the general ordinary course and reason of the law. For it may so fall out, that the saving of some condenmed man's life, or granting of some immunity, may no less benefit the commonweal than to keep a rigorous hand upon the observation of the strict points of the general law may do harm. For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be seasoned and swéetened with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the exact rigour of law must sometimes be moderated with with least it degenerate into inturie and tyranny. For it is sure that as no general rule or definition can be given in law, which in application to particular matters, shall not fail and be limited with his exceptions: so can there no general rule of right or law be framed, which in application to all times, places & persons (whom it may concern) shall not necessarily require some privileges, exemptions, dispensations, and immunities, either in regard of their excellency & well deserving; or in respect of their imbecility & weakness, or some such like circumstance or other. In which respect we are also taught by Aristotle, and other wise philosophers & Politicians, that in all laws & administration of justice; we are partly to observe proportion Arythmeticall, consisting in recompensing an equal thing with his equal, which is a rule in trades, negotiation & traffic betwixt man & man: & partly the proportion Geometrical, which is conversant in distribution of honours or rewards, & in inflicting of punishments, and therefore yieldeth forth an inequality in both, according as the persons deserts are different and unequal. Whereby also we see a common soldiers reward to be less than the Lieutenants or Generals, & a Nobleman's death not to be so rigorouslic executed, as the common sort justly are put unto. And this strict and proper acception of a dispensation, which is by releasing and exempting of a man upon favour, clemency, or mercy only, from the severity of the law, the bond thereof still remaining, is called A dispensation of grace, and may upon mere bounty of him that is so authorised, be granted to some, and denied to other some, as it shall please him (even without further cause) so long as the law is but mere positive. But it hath no place at all in the first a Dist. 5. in princip. §. & naturalia. just. de iure nature. principles of the law of nature, nor in the commandments of the Decalog, necessarily and immediately b Rom. 1. derived from the rules of the light of nature. Which thing because the pope most insolently took upon him to do, he is therefore justly by all which do aright fear God, abhorred as Antichrist, which in the Luciferian pride of his heart, hath hereby climbed into the throne of God, and doth arrogate to himself to lose the consciences of those whom God hath tied by his law, and to bind that (as by a divine law) which God himself hath set at liberty, which c Bernard. li. 3. de considerate. ad Eugenium. Bernard calleth a dissipation rather than a dispensation. Which dispensations of his, though some schoolmen, and of our late more mannerly papists do otherwise qualify in words, and partly deny such matters which he hath dispensed with, to be of the law of nature, when as nevertheless no colour can be laid, but that they are of the prohibitive moral law of God: yet his parasites the canonists, who both knew his mind, and his practice herein sufficiently well, and were never (that I could read) found fault with for their over broad speeches about this matter, do fully declare what blasphemous authority he challenged. They say that the law d Abb. ca fin. Ext. de consuetud. of nature upon cause may be taken away: e Abb. c. non est Ext. de voto. that the pope upon cause may dispense with the law of God; & f Lud. Goza. cons. 51. Ignorance of the Abstractor. that the dispensing with the law of God is proper to the Bishop of Rome. Yet the Abstractor showeth here his great skill, when he pretendeth that the canonists & pope's chapleins do attribute unto him authority to dispense in such matters, by reason of Merum imperium, a sovereign & supreme power in him, which indeed is nothing but Ius gladij, the power over the life of men, which the ordinances of France do call Haute justice. There is another kind of Dispensation called of justice: which is, when upon some especial circumstances, the reason and rigour of the general law is by him which hath authority, declared in some case to cease, and the strictness of the words of the law therein not to bind or to have place, and that for avoiding of injury and inconvenience. And this is also an allay of extremity of law by an equity, which afore I spoke of, and which the magistrate in justice cannot deny; and is in that respect called A dispensation of justice, as it were an interpretation or declaration of the true meaning of the law juxta aequum & bonum. For a g Thom. 2. 2. q. 88 art. 10. law is established with regard to that which for the most part is good: and because it happeneth in some cases not to be good, it was meet there should be some to declare and determine, that in such a case it was not of necessity to be kept. Likewise in this sense of dispensation, the same author as he is h Dom. Sotus de just. & iure. li. 1. q. 7. art. 3. alleged, doth define that it is, Commensuratio communis ad singula, an admesurement or attemperance of a general unto his particular or singular circumstances, or as some do read it, an attemperance of reason. For he rightly may be said l L sin. C. de legib. c. cum venissent. Ext. de judicijs. to interpret law, which declareth whether the matter in hand is included in the said law or no. An example hereof, where God's law is in this sort interpreted and declared not to have place, even by the positive laws of men, may be taken from the commandment of God, that we shall no● kill: which is truly declared not to have k L. ut vim. ff. de just. & iure. place, where in necessary defence of ourselves, we are driven to kill, rather than be killed unjustly. In the law of nature, the general and most usual reason requireth, that upon request made, I should redeliver that which in trust you have recommended to my custody: yet some most just reasons and considerations may l L. bona fides ff depositi. Plato li. 1. Polit. fall out, why this should be denied at some time. And therefore * Offic. li. 3. Tully speaking hereof saith, that Many things which naturally are honest, upon some occasions are unhonest. In most countries they have a positive law, that a man should not carry out of the realm any money, armour, or weapons: yet such occasions & urgent causes may happen, that in justice a man may not be denied to do this, whom the prince will have to travel into some dangerous country. And of this sort of dispensations (or declarations of the meaning of law) or mixed of them both, are all such, which the Archbishop of Canturburie by act of parliament is authorized to pass, as may appear, in that he is limited only to those dispensations, which be not against the word of God or laws of the land, and for the most part also to those which usually have been granted: and in that, the qualities of the persons also, to whom in some cases he is to grant it, are expressed: and lastly, because if he do deny to dispense with him which is qualified thereunto, and hath need of a dispensation, without a sufficient cause, and do so persist; this authority may be derived by that act of parliament unto others. So that we see, in effect he is only made a judge herein, to examine and weigh the inward qualities and sufficiency of the suitor for the dispensation, whom if he find fit, and a good cause in equity to warrant it, he cannot in justice put him off, but must grant the dispensation unto him. And that none of such dispensations, faculties, or immunities, which are usually passed according to law by the Archbishop of Canturburie, are of that sort, which be either by the law of God forbidden, or yet such as may not have a necessary use, so that without many inconveniences they cannot wholly be abolished, may appear to the wise, who can consider of their several uses upon rehearsal only of them: and shall be defended (God willing) by learning and sound reason so to be, against the other sort, which are factuoustie bend against them. As a benefice In commendam to a Bishop, who hath a slender maintenance by his Bishopric, a trialitie for a prebend or dignity, being no cure of souls by statute with two benefices having cure of souls; or a plurality for two such benefices, to such as excel the common sort in Gods good gifts. For take away inequality or reward, and no place will be lest to endeavour for any excellency in learning of one above another, in very short time. A legitimation of him to be preferred to holy orders, who was borne out of lawful matrimony, or before espousals; or for a man to succeed his father in a benefice, either in respect of the great and excellent gifts in them, or upon some other weighty considerations. A dispensation for one above eighteen, and not twenty-three. to retain a prebend being without cure of souls, though he cannot be assumed to be a deacon. A dispensation for some notable man employed in her majesties service at home or abroad, to retain for his better maintenance, a dignity ecclesiastical, or a prebend of like nature, without his residence in that church, or entering into orders, which is not fit to be made general to all, which have not like occasions. The dispensation for non residence is very seldom or never granted: yet the recovery of a man's health, mortal enmity of some in his parish against him, employment in some necessary service or public calling, being of as great or greatèr utility to the church and commonwealth, may be sufficient inducements in equity to grant it, for a time. The dispensation of Perinde valere may have a necessary use, where no right is grown to another person, for a man that hath incurred ecclesiastical censures, or is made uncapable by law, ●ither to retain or receive an ecclesiastical benefice, as by misadventure occasioning the death of a man, violating the interdiction, suspension, or excommunication of the church unadvisedly, or by succeeding his father in a benefice, and such like a number. In like manner many necessary occasions may happen, why a man should be licènced to be ordained at some other Bishop's hands, than where he either dwelleth or was borne, or to be ordered deacon and minister both at one time, or to solemnize matrimony, though the banes have not been thrice publicly asked in the church, or to eat flesh on days appointed by politic constitutions for fish days, or to abolish the infamy or irregularity of some profitable man in the church, grown by law against him, upon ignorance, simplicity, or want of due consideration, without wilful contempt. Besides this, the statute of 25. H. 8. doth not alone endow the Archbishop with dispensing, but to grant rescripts in diverse needful cases: namely, for creation of public notaries, and to grant tuitories for the lawful and indifferent hearing of such, as are by injury (upon some great displeasure conceived) too rigorously and violently handled and sought, by an inferior ordinary. But it may perhaps be said, that if to ground such a Dispensation of justice, a just cause be required; then the reason of the law in that case ceaseth, and thereby, the law also ceaseth therein, so that a dispensation is not needful. To which I answer, that albeit the reason of the law do cease and take no place in that particular action, yet in so much that the reason ceaseth not in general, nor in most usual actions, * Cle. ad nostr. de heret. c. & si Christus, Ext. de jure iurando. therefore the law cannot be said to cease, but must have some (for avoiding of inconvenience) to declare such particular cases to be out of the general reason and meaning of the law, which in other points shall remain in his profitable force still. For such laws as have a continual reason, and whose end is common and universal, do not cease, though in some special case, their intended end doth not hold. And therefore, though fasts are commanded for the bridling of our untamed flesh, yet * Cle. ad nostr. d. Thom. quod l. 19 ar. 15. such also in whom this reason holdeth not, shall be tied by the generality of this law, till a magistrate thereunto authorized, shall declare him to be out of the reason and reach of this law. But it is * Io. a Medi●a de con●ract. q. 14. not so in those laws, whose reason is but directed to some particular end only, as is the law of brotherly correction, which alonely tending to his reformation, doth wholly cease (without any further dispensation) where no amendment can be hoped for, and the party is become uncorrigible. So that to his question I answer, that no earthly authority whatsoever, may or can by Dispensation or otherwise, make that which is theft, no theft, or dispense with any other law of God, or primary law of nature, in such sort; as that they should lose, which he hath bound: because the law of God containeth those * Thom. 1. 2. q 100 ar●. 8. things which are determined by GOD himself, not only in a general form of justice, but also in particular actions, and therefore can be, by none dispensed with by relaxation of the bond thereof, but onclie by himself. And yet those * c. maiores. Ext. de baptismo c. per venerabilem Ext. qui fi●● sunt legit. that be in authority, may declare and interpret the law of God and of nature. As that law of God & of nature, which saith, Thou shalt not stealc, is and lawfully may be, by godly positive laws declared not * Si quis prop. necessitatem, Ext. de furtis. to reach or extend unto him, which being compelled by extreme hunger, doth take away another man's goods only to eat, and to preserve his life thereby. These things I have made bold upon presumed patience thus to enlarge, for the better evidence of the Abstractors great malice, but slender skill: and to give light both to that which hath been afore spoken, and to that also which upon sundry occasions is yet to be delivered, as being loath often to be forced to speak of one matter, not opened aforehand. But now he telleth us Of a law of Antichrist, which Christians must impugn by maintaining the law of Undutic̄u● and unreverend speeches. Christ against it. If he speak thus (as it must needs be taken) of that law, which in some cases alloweth a man to retain more benefices, which in this treatise he seeketh to prove an Unlawful law, and here (as it seemeth) calleth the law of Antichrist: truly for her majesties sake, and the whole parliament which revived it, being first made in the days of that renowned Prince king Henry, after he had abandoned the usurped Komish power, & afterward practised in the reign of the virtuous king Edward: it might have pleased him to have given it a more mild and a better term. But these tempestuous and furious melancholic spirits, whom Gualther calleth the Donatists of our time, do esteem no benefits received at her majesties hands worth gramercy, (seeing they thus make her highness laws the Laws of antichrist) only because they cannot be suffered to establish a sovereign and popelike church-government in every parish, which may tyrannize over the Prince herself, without controllement. The places which he here quoteth apart, as though they served to the confirmation of the several parts of his talk, do indeed tend all one way, to show the lawless and unbounded authority, which is challenged by the pope. Which speeches, though it be true that by some canonists they are attributed unto him; yet none of these three glosses do speak expressly either of his Absolute power on earth, or of making something of nothing, or of fin to be no fin. Therefore this is a sin (as the old proverb saith) thus to lie of the devil, or of his eldest son the pope. Yea, the last of the three, rather restraineth that authority which the other do attribute unto him, and setteth down; that In vows he is said not to dispense, but to declare and interpret: because it is thus commanded by scripture, Vow and perform your vows to God. The second place is wrong quoted, for it ought to have been: Glossa in verbo fiat c. lector dist. 34. That which is here unto annexed, That a privilege or private law must have all the properties of a general law, and that a dispensation is but a fiction in law, is least by him as void of proof, as it is of itself void of truth: for it is not possible that every privilege or Dispensation of grace only, should tend to the benefit of the whole commonwealth, * Thom. 1. 2. q. 97. art. 3. & 10. And in c. de multa Ext. de preb. though a Dispensation of justice may in some sort so tend: or if it be But a fiction of law, that it should have those adiunds and qualities which are required in a public law. And * Rebuff. in. 61 de dispens. ad p●●ra benefi. Rebuff. whence indeed he borrowed it, doth not say, that the dispensation is a Fiction of law, but that He which upon cause is dispensed with, shall be reputed in law as able, lawful and fit, by fiction of law, by reason of his dispensation. And it is sufficient sometimes to establish a privilege or dispensation, if an inconvenience be but thereby * c. non potest in fide praeb. in. 6. avoided, which otherwise would happen, and so if it profit but a very little, it shall be sustained. The law which he bringeth out of the * L. liberos Cod. de collationibus. Code, to prove that It is all one in effect to enjoy a benefit by privilege or by common right, proveth nothing directly, but that such children, whom the prince hath set free from their father's power, shall not be admitted to enjoy their parts in their father's substance, without this collation or putting as it were so much amongst them all of their own goods in hotch potch, as they are severally to receive of their fathers: eue● as well as those children must do, which were not so emancipate, but by their father himself. The reason of which decision is, lest the prince's favour and grace in fréeing some from their father's power, should be drawn and extended to the injury and damage of others. And it might have better been brought in argument, to prove that he which enjoyeth a benefice by dispensation, as to the effect of observing public laws (incident to be practised in his ministery) is no more free than others. Yet I will admit, that by way of argument it may also prove the effect of that, which is done by privilege, and of that which is done by common right sometime to be alike: but hereof or by the former, it will not follow, that a privilege or dispensation must have all the necessary adjuncts of a general law, which is his purpose. And it is worth the observing, that because Rebuff. hath an allegation out of Decius, immediately following the place by him alleged, he quoted therefore in his margin Dec. l. liberos, as though it were the tenth law of that title. Neither is it true that every public law must necessary Tend to the honour of God, and to the peace and safety of the realm: for there are many laws, which are referred and do tend to the benefit and profit of the commonweal, as for assize of bread and ale and other victuals, for currieng of leather, and true making of clothes, &c: which are not referred either to the advancement of the honour of God, or safety of the realm, otherwise than as all particular lawful actions, whatsoever of any man, may be referred to them. 10. Section. Pag. 120. 121, 122, 123, 124. HEre this man full of singularity, yet but a single sole singular man, will show (if he can) how Plurality men do beguile themselves with an evident and palpable fallacy, in handling whereof he moileth and laboureth, to roll up Sisyphus' stone, which still tumbleth down upon himself again: and like him whom the old Satire would not devil with, he bloweth both hot and cold, affirming that which before he had denied; yet playeth otherwise, as much upon the advantage, as so bad a defence had need of. For to give unto his discourse some lustre and colour of probability, he will not use the name of Parishes but of Churches: and because some thing incident to this disputation, may be spoken of establishing, which can not be verified of distinguishing churches; and of uniting, which can not be taking away, he speaketh of these copulativelie, and so maketh a fallacy A pluribus interrogationibus ut una. The argument which he frameth for plurality men, because they (forsooth) could not do it skilfully, and after doth skirmish with, it will not be amiss to set down, together with his forces bsed against it: Whatsoever is established (faith he) by man alone, the same may be taken away, and united by man alone: 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: Therefore churches, pastors, and livings for pastors, may be taken away, and united by man alone. The Minor hereof he denieth as false upon the equivocation of the word churches, which hath in all three acceptions: whereof two he saith do make the said proposition false. The first signification of that word with him, is, Congregations and assemblies of people, which hereby he proveth, not To be established and distinguished by man alone, because the Lord hath willed all his people to gather & assemble themselves together, to th●intent they should call upon his name; & because it is impossible for all the people to * An absurd reasoning. be assembled into one place, or to hear one man's voice. This reason may serve to prove, that God establisheth assemblies, and that there must of necessary consequence be distinction and division of assemblies: but it can not be racked to give any testimony, that either the manner thereof, the number of people, or the quantity of ground is prescribed, and as it were trodden out by God, which is the point of the issue. Yea, the * Pag. 124. Abstractor himself confesseth, that Where the congregation is too great, it is lawful to make it less, and where it is too little, to make it greater: and wisheth * Pag. 122. this is reform, which may not be done, (as he himself afore reasoneth) if this distination of assemblies which we have, had been made by God. And he might as well gather, because God hath appointed a distinction in propriety of lands and goods to be retained amongst men, that therefore God hath distinguished, butted, bounded, and meared out every manors and lands as they lie in severalitie from others, and hath likewise made this allotment and proportion of goods which every several man enjoyeth. And then may we blot out of the register, the writ De perambulatione facienda, and condemn all their endeavours, which by honest means seek the increase of their substance. And yet notwithstanding this his lose reasoning, he descendeth boldly from hence to an uncharitable and Pharisaical invective, (which is an usual use-making of their general doctrines) condemning all plurality men, for Little preaching, for weariness of well doing, and respect to grease themselves with the fat of the people's labour. It is well he leaveth unto them some preaching, whereas his clients (for the most part) do but speak; (for so they themselves do term it not unproperly:) and some well doing: which some like himself can never be weary of, because they use well doing and well speaking, both in one measure. But his saints of his own canonizing, may not in any case be touched with fatting their purses with other men's labours: yea, though they should lay their money to usury, which is holden with some of them scarce for a Peccadillo: or though they should, besides the revenues and fruits of their livings allotted to them, have a Comorth and contribution yearly made for them, which serveth for a fee to hire them, to speak nothing unto their good masters and dames, but Placentia: which is best compassed with all such as have Itching ears, by bold brazen invectives, against authority and against the present state of the church, and by keeping deep silence of all usury, circumvention, engrossing, false wares, enclosures of commons, monopolies, extortions and oppressions: for these be biles, which may not be handled, if they mind to have any more of their custom. But the Abstractor letteth also this hold go, because it is too slippery, & doth guess that by churches in the former reason, we will understand livings of churches, which he enforceth not to have been established and distinguished by man alone, because God hath ordained that they which preach the gospel, should live of the gospel. Wherein lurketh a double fallacy, first upon joining by a copulative, both establishing and distinguishing in one yoke together: whereas though A fallacy, à pluribus interrog. ut una. God did thereby establish, that pastors should have livings, yet did he not distinguish them how they should be used in severalties one from another. secondly, in that he covertly intendeth quantities, rates, and proportions of several livings to have been by God established, because he ordained that his ministers should have maintenance, albeit there be great difference betwixt living and quantity of living: for Rebuff. Whence he borrowed it, apply not the place of S. Paul as he doth, but to prove, that the benefit is given for the duty. But if he meant not to imply thus much, then hath he the less colour a great deal against pluralities: for he that doth provide two several benefices for them, where one is not sufficient, doth more fully satisfy the ordinance of God, to make them thus more able To live of the gospel. Yea, and that it was his meaning to prove, that livings for ministers were distinguished by God (though he deliver it but fearfully and inconstantlie, as commonly such do which openly avouch an untruth known even to their own conscience,) these his * Pag. 121. words do make it manifest: Many livings (saith he) appointed by the Lord himself for many pastors, over many congregations, should not be taken from many, and given to one. To which end also is that example, which he bringeth concerning the division of the promised land of Canaan. Which most gross absurdity and paradox, never avouched by any either old or late writer (I think) till this melancholic snapstraw peeped out by owl-light; may be clearly refelled even by his own words, wrong out from him by the force of truth: to wit, Ibid. That livings of churches and parishes are distinguished by man, and therefore may be united by man, in some sense may be true. Pag. 124 Nay, I would feign learn in what sense it can be otherwise: and in what signification did he himself speak elsewhere, when as he saith: It is lawful for man to take away, & to unite churches & livings. For if this be lawful, then hath not God, whose ordinance must be inviolable, either established any tax and certain quantity of a ministers living, or yet distinguished and severed the livings of churches one from another. But in case God hath allotted a certain rate of living for a minister, it were well it might be made manifest unto us hereafter by the Abscractor, or by some other deep Cabalist, with sound proofs annexed to strengthen it. Yet he taketh this as very sufficiently proved to be God's ordinance, and therefore in effect saith; It is no more lawful now to give unto one minister that living which was appointed to diverse, than it had been for joshua to have altered that division of the land of Canaan, which the Lord had commanded by Moses. But when he or any man else can prove, that God hath appointed and distinguished out the bounds and limits of parishes, and the rates of church-livings, as he expressly bounded the tribes in the land of Canaan, then will I say the comparison is equal: yet seeing it was of temporal lands, it would more fitly serve for limits of manors and lordships, than of parishes. But the comparison is far unlike: for he will not deny (I hope) but that many lay fees and temporal lordships may be possessed by some one, which yet he denieth to ecclesiastical men, though perhaps their desert and contribution to the public charges of the realm be as great as theirs, who enjoy in true value ten times as much revenue. And yet every several man's inheritance was not divided by Moses or joshua, but the Lord prescribed the bounds of the tribes, and the lot decided the rest. Nor yet was the distribution so settled, but that one of the same tribe might enjoy by purchase another man's possession till the year of jubilee: and diverse men's inheritances might by descent be cast unto the next in blood. And his ignorance or negligence is herein more palpable than he can prove to be in the Pluralists fallacy, in that he saith, Moses a Num. 33. vers. 54. gave unto some more and to some less, whereas in deed it was divided by lot. Also b Deut. 34. Moses never came over jordan, but did only take a view of the land a far off from the mountain of Nebum. Neither was he or joshua appointed Decempedae, or the very dividers of it, but c Num. 34. vers. 17. & deinceps. others from the Lord were thereunto nominated. Insomuch that it is expressly set d joshua. 13. vers. 7&8. down, that Moses made no distribution, but upon the east side of jordan to the tribe of Reuben, Gad, and the half tribe of Manasseh: and all the * joshua. 14. 15. & deinceps. rest of the land was divided only by the direction of joshua: howbeit upon the distribution of this land, so skilfully (as you see) by him handled, he taketh occasion by similitude of a botching tailor, and a pilfering companion, to make himself merry, rather than to patch up any good reason. For his resemblance is so far from show of likelihood, that it well becometh such a deep reasoner. For the theft of Caius can not any way prove, that Seius garment is too long wasted: and therefore his reason smelleth of the shopboard more than of the desk. But his wish hereupon is, whereas Some (according to his audit-booke) have two or three thousand pounds, and some never a whit: that is, (ass he fool wisely doth interpret) scarce twenty nobles by year, that there might be set down a better equality. Truly, if he had wished by some good means a competency of living for every minister, it had been a good and godly wish: but to desire an equality, where the duties and gifts required are so different; it is contrary to the rule of justice, which In mandandis honoribus, & decernendis poenis, doth follow the proportion Geometrical, and not his proposition anabaptistical (I should say) proportion Arythmeticall. For with as good reason he might enforce an equality of livings in temporal men, as in ecclesiastical: considering both the excellency of the subject and matter, whereabout the ecclesiastical are conversant, and also as great inequality of one above another, and difference of learning, and all other Gods good gifts to be showed in the governing and instructing of the people in matter of religion, as may be found by any possibility in the dexterity of one man more than of another in managing by counsel, or defending by prowess the civil affairs and frontiers of a commonwealth. Which thing, the slender sparks of the light of nature remaining, did teach even unto the Gentiles: who were content to advance their religious persons amongst them unto singular honour, to respect them with large and bountiful maintenance, and to have their hests and advise in notable recommendation. The Minor of his own syllogism being the very contradictory of the Minor afore propounded by way of objection, he seeketh yet better to underprop (as he had need) not against such only, as are Disposed to cavil, but those also that must deny as untrue, both his Minor, the Antecedent, and also Consecution, whereby he would prove it. For he would prove Churches to be established and distinguished by the Lord himself, because Though the limits of parishes be bordered 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. As if he should say, Though it be so, yet it is not so. For how doth this follow? God hath commanded Churches to be established and distinguished, Ergo he did establish and distinguish them: more than these like reasons? God commanded there should be places comely and decent for holy assemblies, Ergo he himself built all our fair churches. Or, God commanded every man to get his living by the sweat of his own brows, Ergo God getteth every man's living by the sweat of his own brows. Yet would I also gladly learn, where this Special commandment unto men, for the Bordering out of their parishes, and for a certain number of people to be called to hear one certain pastor, may be found? But I will take that which he here yieldeth and prove thereby (contrary to his intent) that the law of man may yield several congregations unto one pastor: Whosoever hath the rule and disposition of bordering out parishes, of calling a certain number of people to hear at one time, in one place, one certain pastor, and may lawfully take away and unite churches and livings where they be too little, and divide them where they be too great: he may as lawfully assign the like or greater number of people to hear one man at several times, and in several places: (which is that which is called plurality) because of the party of reason, Quia contrariorum eadem est scientia: But man * (as the Abstractor here confesseth) hath the rule and Pag. 123. 124. disposition hereof, and may lawfully do the one: Therefore man may lawfully do the other, and consequently grant a plurality. But he seemeth to reason against this, which he saw must needs follow of his own assertion, by an allusion from a natural body, in which it were monstrous to have one head set upon two bodies, and that therefore it is as unfitting a thing in a politic body, and consequently for one shepherd to have many flocks. But if this be the only fault, then let him call both the flocks but one, as to this intent and purpose: yet none can be ignorant, how slender reasons such allusions be, and what infinite absurdities would follow, if we should urge a conformity in all points betwixt a natural and a politic body. For than were it also a monstrous thing, for one king to rule over two several and distinguished kingdoms: and when the king (who is the head) dieth, the commonwealth also should decay withal. But that the distinction of parishes is indeed only of the mere positive law of man, besides that which the Abstractor himself péeldeth, whose confession must needs be strong against himself: it may appear by Platina, who setteth down in what Bishop of Rome his time, they were first distinguished. And therefore a famous Canonist * Abb. inrub. de Paroch. saith: Though bishoprics and provinces were divided before Christ's time, yet parishes were afterward divided: So that upon good * Gl. in. c. 1. di. 10. & in c. m●lli dist. 93. Abb. in c. audientiam Ext. de eccles. aedific. Card. c. avaritie. in find praeb. cause, and with consent required, one parish may lawfully be divided into two parishes by the Bishop. And Rebuff. who hath furnished out our author with all his stuff of this treatise, and therefore may not be by him refused, being by himself produced a witness, telleth us: that although it be a part of the law of nature and of God, to have a living allotted for the ministery and doing of the office, yet * 13. q. 1. c. 1. Panor. in c. olim Ext. de consuetud. Benefices are brought in by law positive, and therefore about them dispensations are tolerable. And the gloss * Gl. in verbo aut in electa c. nec. monerus. 10. q. 3. saith, that dioceses or parishes were distinguished by Dionysius. Where upon in like manner may be gathered, that it is lawful (upon just cause especially, and the utility of the church so requiring) to permit unto one sufficient man two several parishes: because otherwise they were not able perhaps severally to maintain a man of quality: and for the scarcity of such men in regard of the several parishes in England, they should be but slenderly furnished though with two, yet both perhaps more insufficient men by many degrees. 11. Section. Pag. 124, 125. IN this section he laboureth to overthrow the dispensations for more benefices, by the definition of a dispensation. Which is not available, being done by any besides Him that hath authority: which the Archbishop of Canturburie (he saith) cannot have, though the act of parliament have so enabled him: because he Being a man, may not dispense with the positive laws of man against pluralities, which are all grounded either upon the law of nature, or upon the law of God: and therefore the one must be as immutable as the other. In effect thus much, neither the makers of the act being men could yéed, nor he receive any such authority. But what is this else, but plainly to derogate all authority from the parliament, and from all other states whomsoever of establishing any laws? For it is certain, there is no good law can be devised, being lawful to be observed, that hath not his ground (either near or far off) from the law of God and of nature. And if hereupon it might be gathered, that they which are grounded and derived from thence are subject no more to mutability than the laws of God: then should it not be lawful for his Majesty to take to The Abstractor derogateth from her majesties prerogative, and the common law. herself felons goods and traitors lands, from the children of the male factor, for whom he had provided them. For it is the law of God and of nature, for parents to provide for their children. Upon the commandments against murder and theft, are these secondary laws drawn; that he which committeth such offences, shall suffer the penalty of death. Which penalty nevertheless, the prince doth and may lawfully pardon, because they are but positive laws, showing in what manner such crimes shall be punished, and are provided for the benefit of the commonweal to ensue, by cutting away such unprofitable members, and by terrifying others thereby from offending. And yet in some especial case the commonweal may receive more damage and hurt by the taking away of some men, who may happen in that manner to offend, than it can receive profit by their death. Upon which or like equanimity, the people of Israel importuned and obtained in sort at saul's hands, the pardon of jonathas his son, who had offended the law positive, and might as justly have been executed, as he was lawfully pardoned. And yet was that law grounded of the law of God, which under the name of parents, do command us generally to obey all our superiors and their laws, not repugning to his everlasting will. The two last places that are quoted, one out of the gloss, and the other out of the text, speak no one word of the restraining of the Pope's power in dispensing with the law of nature or of God, for the which they are brought. Again, it might be answered as afore, that the law forbidding pluralities, doth not thereby take away dispensations for them; for if there were no prohibition, there needed no dispensation: also that those vices which are forbidden by the law of nature and of God, are no necessary effects of enjoying a plurality, that such dispensation taketh more portion of justice, than of Grace, and therefore is not much different from a declaration, that the general law against pluralities in such a man's case, doth or may very well cease. And lastly, that if these were of the law of God and of nature, yet they might be declared and interpreted, how far they reach and do bind, though indeed the bonds of the laws of God and nature remaining, they may not be (by any but God himself) released. And therefore this reason, that such authority cannot be yielded to the Archbishop, is many ways easily overblown by the grounds of that which hath been afore delivered. 12. Section. Pag. 125, 126, 127. HE which in all this treatise goeth about to prove Dispensations for many benefices unlawful, as though either there were no law to warrant them by canon or statute, doth here tell us of certain Defects in the quality of the person to be dispensed with, which are just causes in law to frustrate and make void every dispensation. If he had said every such dispensation, it had been more probable, whereby will follow, if those defects and such like be the only causes which make void by law a dispensation, then where no such defect (nor any other by law set down) can be found; that the dispensation shall be lawful: and so he hath, like the evil servant, condemned himself by his own mouth. For Exceptio firmat regulam in casibus non exceptis, as hath been alleged in the former treatise. And if all this which he speaketh here, concerning the qualities of the person to be dispensed with, and the causes inducing dispensation were granted: can he thereby gather dispensations for more benefices to be unlawful? Truelic he must first presume without proof, and against all reason, that all or the most of these are neglected in granting dispensations, before the other will follow. But even here he standeth upon an unsure ground, and delivereth that which is not true. For he saith that A man qualified and in all respects capable of a dispensation, may not enjoy the same without just cause warranted by law. Whereas his own author Rebuff. Rebuff. de disp. ad plura. nu. 43. doth teach him, that amongst diverse causes to induce a dispensation, the excellency or prerogative and qualities of the person, as knowledge and nobility of birth, are of the first and chief causes thereof: not that both these must necessarily concur and join in every several person, but that either of them by canon (especially learning) may suffice. In which respect * In c. de multa Ext. de prebend. vlt. notab. Panormitane saith: Note it well, that learned men are matched here with noblemen or gentlemen by birth. And so the church ought to honour learned personages not only in word but indeed, as in providing more liberally to help and relieve them by the church's revenues, than for others not so learned. And this is the reason hereof, because learning doth not only profit the owner, but also the universal church. For the world cannot be governed without learned men, as it is to be seen Auth. hibita C. ne filius pro patre. And another law saith, that the universal church requireth greatly learned men for the better governing of it. C. cum ex eo. de elect. in 6. And the said author in another * Panormit. in c. innotuit Ext. de elect in 6. notab. place plainly decideth, that the prerogative and qualities of the person, is a sufficient reason whereupon to ground this dispensation. Where the text. c. innotuit, Exit de elect. saith, That for the prerogative of the person, he may be postulated, it is to be noted that the only excellency of deserts is sufficient to induce the prince (or him that hath authority) to dispense, although the necessity of the church or evident utility do not concur therewith. Neither doth this Canon say, that all those qualities there reckoned, must necessarily concur in every dispensation: for than should it be requisite also, that some about him which dispenseth, should have known the party at school or in the universities. Neither yet doth any thing by him brought in this place, give any pretext or resemblance to disannul a dispensation for him, in whom these qualities shall not be found, as the Abstractor gathereth, before any such matter be scattered. 13. Section. Pag. 127, 128, 129. THe Abstractor cannot enforce upon these words, When reason shall require, a dispensation may be granted, that therefore not only the qualities requisite, but some cause besides them must concur: because it is showed before, that the qualities of the person to be dispensed with, is of itself a cause sufficient there unto. The next place to this, which he quoteth, is impertinent to this purpose of dispensation for plurality, and only speaketh of a just cause of commutation of a vow; and so doth the other chapter which he saith, is so Plain and evident. For the decision there, is, that Forsomuch as the cause whereupon the vow was undertaken, did cease, therefore the vow itself being the effect, might the more easily cease, and be converted into other godly exercises: so far is it from proof, that There must be some special cause known, for the which every dispensation is to be granted, to the which purpose it is brought. And he having no better proved than you have heard, that there must be good and just cause of a dispensation; doth even as slenderly show what those causes be. For the decision of that chapter, which to that end he quoteth, is not so, that Urgent necessity and evident utility of the church are causes of granting these dispensations which we speak of: but that for those causes the pope did tolerate one to continue Archbishop of Capua, which was chosen thereunto, though his learning were not exquisite, but only competent. The four examples of dispensations which he layeth down grounded upon causes sufficient, & by him borrowed out of the canon law, cannot by any possibility prove that which he intends, that no dispensation whatsoever in any case may be granted, but upon cause; and much less that Urgent necessity and evident utility, be those causes and the only causes of all dispensations, (for his own author Rebuff. reckoneth four causes of this dispensation.) Or yet that these causes (as he gathereth) do signify nothing else, but The well governing of the souls of the people. But it is not to be omitted, that the Abstractor here contrary to himself afore alloweth of dispensations with such laws, whose reasons are grounded upon the law of nature or of God; yea, even to dispense with that, which is Vnlawfullie taken, only by colour Contrariety to himself. of an Unreasonable custom being void in law. First, the refusal to receive monks to cure of souls, who (as an ancient father saith) had Officium plangentium, non docentium, were to mourn not to teach, and were in those days mere lay men, or the refusal of any other lay man whomsoever, is grounded upon that scripture, Let no man minister but he that is lawfully called, as was Aaron: and let him not be a young scholar. Yet I must put the Abstractor in mind, that he mistaketh the matter, when he thinketh that such had dispensation for the Government of a Ignorance in the Abstractor. church with cure of souls, they remaining still lay men. For Exlaico and Ex monacho do only signify that it was against the general canons, suddenly without great cause to prefer such from mere lay men to the order of the ministery, and so to a Bishopric, or other cure of souls, before they had served as clerks in other inferior orders and ministrations. For by the opinion of Fisher, even at the common * 21. H. 7. 3. law an act of parliament cannot enable a lay man so remaining to become a parson of a church, because it is a matter mere spiritual: although the parliament (as Vavisoure thinketh) may take order in such spiritual matters as are mixed with temporal causes. Likewise the prohibition of ordering the son of a professed nun, is grounded upon those canons of integrity required in all ecclesiastical men which are set down by S. Paul, which is greatly blemished and stained by the fault of such parents. As for that general asseveration, which without all proof or weighing of any circumstances, he useth against all enjoying of more benefices, as simply unprofitable at all times to the church, when he shall deliver his proofs of it, shall either be answered or yielded unto, and in the mean time is as easily rejected, as it is by him boldly avouched. But although it did not carry with it an urgent necessity or evident utility of the church, yet hereof it doth not follow, that a dispensation to that end is unlawful. Because he can never prove them to be only causes of that dispensation: for that the law rehearseth diverse other causes of dispensations in general, and they are gathered by the gloss upon that very canon, which in this section he allegeth. A dispensation is granted (saith the * Gl. in verb. ut plerisque in fine 1. q. c. requiritis. gloss) when necessity or utility requireth Infra. eo. tali. Also sometimes a dispensation is granted, because a greater evil is feared, in which respect the Englishmen were dispensed with 35. q. 3c. quaedam lex §. quod scripsi. Also sometimes for some good to ensue, as when we dispense with heretics, that other may more easily return to the church, 23. q. 4. c. ipsapietas. Also sometimes for the multitude and for avoiding of offence, c. ut constitueretur. 50. dist. And the same canon rehearseth other considerations and inducements to dispense: as mercy, piety in the person, the circumstance of time, and the event of the matter. Insomuch * that another gloss doth thus gather: When as Gl. in verb. causae c. exigun●. 1. q. 7. rigour and extremity is of one part, and mercy of the other, the judge ought rather to follow mercy. c. 2. Extra. de sortileg. & l. placuit C. de iudic. So that it seemeth a dispensation is a due, because the precept of mercy is common to all, c. non satis 86. dist. Which I grant that indeed sometimes it is due, & the judge should offend, which in that case would not dispense, though no law be set down whereby we may demand a dispensation. But because both schoolmen and some few lawyers, who handle this matter, do vary diversly one from another, and confusedly speak concerning the causes of dispensations, I do take it worth the labour, upon due weieng of all their reasons and allegations, to reduce them thus briefly to an harmony. In Dispensations of mere Grace and favour, which are such as the prince may lawfully gratify one man in, and deny unto another, as are indenizations, legitimations, pardoning or remitting the penalties for faults not very heinous: there is not any a L. 1. ff. d● constit. princip. it. Authent. quibus mod. nature. efficiantur legit. & quibus modis. sui & C. de sententiam passis. necessity, either in court of conscience, or in the civil court of man to the dispenser or dispensed, that they should proceed upon any cause more than of mere bounty of the sovereign prince, who only hath this authority; seeing it is to be intended, that the people and laws of every country, in these and other small matters have yielded this b Arg. l. scioff. de minoribus. power unto their sovereign princes. But touching those Dispensations, which are called of justice, they are conversant either about the law of God and nature, or about the positive law of man. In the laws of God and nature there is no relaxation of the bond of them, (which none but God himself may do) yet there may be upon good grounds a declaration and interpretation, that the generality of the words do not in deed extend to some especial cases. As although God's law do indefinitely require credit to be given to two witnesses: yet is this generality, by man's law rightly declared not to have c c. relatum, 1. etc. cum esses. Ext. de testamentis. §. 1. instit d. it. place, where such two witnesses are but children, and have not attained the years of discretion, to accept of an oath. By the law of God it is commanded, that he that killeth, should himself be done to death: yet d L. v. vim. ff. de just. & iure & ibi. gl. & DD. is this truly interpreted not to have place, where a man killeth in his own necessary defence. Yea, not only in the defence of his person, is this thought not unlawful, but e jason. in d. l. qui dicit eam esse comet. & Diaz. reg. 597. also in the defence of his goods: although f Felni. c. 2. Ext. de homicidio. some other, not so truly, do hold in this case the contrary. The general commandment of abstaining from labour in the observation of the sabaoth, is declared by our saviour Christ, not to bind nor to have place in the priests occupied about the sacrifices in the temple, nor in the necessary works of christian charity, neither did reach unto those jews who were forced by their enemies (watching the opportunity of that time) to fight and defend themselves from violence even upon that day. And it is in a L. omnes C. defers. some cases even by man's law, not wrongly declared to cease. The precept of obeying our parents, is aright interpreted to have no b L. Lucius ff. de conduit. & demonstr. L. nepos. ff. de verb. signif. L. filius ff. de cond. instit. l. reprehendcnda. C. de insti. & subst. & ibi. DD. place where the father commandeth any unlawful or dishonest thing. The commandment of keeping our oath is not so general, but that it is c L. non dubium C. de legibus l. fin. C. de non number. pecu. c. non est obligator de reg. iu● is in 6. declared rightly to cease, where it should otherwise bind us to perform an unlawful thing. And although by the law of God and of nature d L. manumissiones ff. de institia & iure. inst. de iure personarum. every man is borne free, according to that of the Psalmist; Thou hast subdued all things under his feet: yet hath the law e Ibidem. of nations not ungodlily attempered this, and declared bondage upon good occasions to be lawful: lest otherwise those which be overcome in war, should without mercy be put to the sword. For S. Paul saith: Art thou bond? seek not to be loosed. By the law of nature and of nations, traffic betwixt man and man ought to be free: yet hath law positive f C. ne judeus Christ. mancipium l. inter stipulantem ff. de verb. oblige. §. sacram & ibi. DD. justly declared the said law in some cases to cease. It is of the law of nature, to have him called and cited to be present at any act, who may be interessed or prejudiced thereby: yet the sovereign prince upon good cause, using that right which is in him, although it may indirectly turn to the harm of another, may g Gl. in l. an●ep. ff. ex quibus causis maior. quàm dicit come. approbari Fely. c. eccles. Ext. de constitut. enfranchise another man's bondslave, the master not being called. By which examples it appeareth, that albeit princes, and other judges, who are all inferior to the law of God and of nature, cannot dispense with them upon any cause by releasing the bond of them: yet upon good and sufficient grounds in such cases as be evidently of that nature, which by most strong arguments we may gather that God himself would not have included in the generality of his law, interpretation, declaration, and limitation may be made of them. And this is one kind of a Decius cons. 112. & in c. que in ecclesiarum Ext. de costi●utionibus. dispensation of justice, largely so called, whereby the bond of the law is not released, but the law is interpreted in such case not to have place according to the true meaning of it. But yet with this moderation, that we never so intend and presume for the sufficiency of the causes, where upon such declaration of the law of God and of nature is supposed to be grounded: but that for stopping of a dangerous step unto tyranny and blasphemy, proofs to the contrary must always be admitted, if any may be brought. Now, in that other member of Dispensations of justice, more properly so called, which are bestowed about the positive laws of man, we have to observe two several varieties. One is, when the general force and obligation of the law remaining, yet the reason thereof in some particular case doth cease, which may and aught to be by the sovereign prince or other inferior judge so declared. Another is, when as the law is grounded upon diverse reasons. For then, though one or two of such reasons do cease, yet in regard of those reasons thereof, which do remain, the law shall still retain his force. Nay, though the positive law of man be envious, as b L. unica. C. de caducis tollend. was Lex Papia, very c L. prospexerit ff. qui & a quibus. grievous and hard, or such as the reason thereof is wholly ceased, yet shall the disposition and life of it continue, and howsoever the execution thereof perhaps may be intermitted, yet is not the law thereby taken away and extinguished, but is d L. unica in principio. C. de caduc. tollend. only Sopita (as it were) laid asleep for a time, So that if the like necessity happen, for the which such a law was first established, it shall revive again without any new enacting, which it e L. inter slipulantem §. sacram. ff. de ver. oblige. could not do if it were wholly extinguished. For otherwise, if every private man might take upon him to decide, when and how the reason of his superiors law doth wholly cease, and that thereby the law might be said to be extinguished and abrogated; which kind of interpretation * L. fin. C, de legibus. doth only belong to the sovereign prince, or to such as he committeth it unto: then verily in this last case, there should need no dispensation, though (in the mean time) such liberty would breed a great confusion, and an open contempt of all laws. Howveit I have declared already, that wheresoever the general law doth remain, though in some particular case it do cease: that there (as in the other cases here alleged) this Dispensation is needful, and ought not in right to be denied; for the which cause it is also called, A dispensation of justice. Besides these, there is a third kind of dispensation mixed of both: as taking some part of that which is called Of grace, because he that hath authority to dispense hereby, is not in way of justice precisely compellable to grant it: and borrowing other some part of that, which is called Of justice, because this ought not to be granted simply, but upon just cause: by reason that the positive laws of man, about which only this dispensation is conversant by common intendment, are enacted for some public utility and benefit. So that without good ground, a man ought not to be exempted from the general charge of the commonwealth, which other are to suffeine: specially when such his exemption shall be burdensome to others. This last sort of dispensations may be defined to be A release in some especial case and certain persons of the general bond, and reason of a positive law, by him that hath authority thereunto. And this authority must either be committed expressly, or is covertly implied to be attributed unto a sovereign prince: either by the operation of the law, as when * L. d. C. de legibus. such sovereign is the lawgiver himself; or by presumed intention, that they which made the law, meant to yield power of dispensing with the rigour and extremity of it unto him in all * Arg. ex gl. §. fina. l. tale pactum ff. de pactis. such cases, as by likelihood and probability they themselves would have dispensed with, if they had been in particular it ie opened and recounted unto them, at the first establishing of it. But an inferior, unto whom any such authority is expressly (yet without full power and authority) committed, is to follow in all points the direction of his commission, or where the same is defective, the common positive law concerning the ruling and guiding of such dispensations. And this same presumed intention of the meaning of the lawemakers, is the most proper cause that (in my judgement) can be assigned generally of every dispensation of this quality and condition. Now, when a c. si quis culpatur. 23. q. 1. c. in pres. de renunciat. gl. in c. ad aures de temp. ord. in c. 2. de maior. & obed. Cynus, & Bart. in l. fin. C. Si contra ius vel util. Fely. nu. 60. Dec. nu. 24. in c. quae in cccle. Ext. de constitut. a sovereign prince doth dispense with any positive law of man, the law teacheth us to intend and presume, both that there is a cause why he should so do; and that the same cause is just and sufficient: insomuch that b Anchor cons. 288. Fulgos. cons. 143. Loazes pag. 371. no proof to the contrary of this presumption may be admitted as some do hold: but if he do dispense with such a law of man as hath some necessary and near coherence with the law of God or of nature, as (for example sake we may assign laws for distribution of alms and other beneficence to the poor, godly bequests and devices of the dead unto good uses) without a good and sufficient cause in deed: though both the dispenser, and he which is dispensed with in using of it, do in the inward court of conscience and before God offend, yet nevertheless that very relaxation of the bond there of, being only of man, shall stand so far forth good and effectual, as that the acts c Fely. ut supra. nu. 6. Bart. post. gl. in l. relegati ff. de. poenis. which by virtue thereof are done, shall be in the court of man available, and not to be impugned. Yea by the opinion of some very well learned, such acts done shall be of force d sylvest rer. Papa que. 15 even in the inward court of a man's soul and conscience. For example whereof they bring a dispensation granted without any cause, for the maintaining and sirengthening of a clandestine matrimony contracted: which is condemned justly by the law of man, upon very good and pithy reasons. And howsoever both the parties themselves (say they) have offended therein, first in so contracting, & then in using a dispensation, upon no just ground: and he also that shall condescend to dispense with it, being moved with no good reason thereunto: yet the matrimony shall be of force, and the issue thereof is in both courts legitimate. And whereas a Fortune in l. Gallus §. & quid si tantum ff. de l. & post. some do seem to be of contrary opinion herein, which think such a dispensation granted without cause, not to enable any act to be of force, which is done by virtue thereof: their opinion is thought not to be sound, except it be understood of an inferior that shall by commission have a limited and not full authority from the sovereign to dispense, b Innoc. in c. cum ad monasterium de statu regulaerium, & in c. dudum 2. Ext. de electio. because such a dispensation from him cannot be of any validity either in the one court or the other, except it be warranted as proceeding upon some good cause. For we are not by law to presume and intend for the goodness and sufficiency of the c Fely. in c. que in ecclesiarum Ext. de constitut. gl. & DD. in L. relegati ff. de poenis. & est come. opinion Loazes in loco citato. cause for any dispensation, passed by an inferior not endowed with full power and authority, unless it do so appear indeed. Now, on the other side, if he that hath authority (be he sovereign or inferior) do grant a dispensation without any reasonable cause, about such a law as is merely positive, and having none immediate or near relation unto the law of God or of nature: then, albeit he in so dispensing d Ber. in c. non est, Ext. de unto. Thom. 1. 2. q. 97. ar. 4. doth offend (by breaking that right and equability of the law intended to public good, and which is common to all) in favour of one, yea and that without any just cause of pre-eminence to him above other: yet he that useth such dispensation (especially if it be without grievous offence given, and direct damage of others) doth not e Gl. in ver. execrabilis Ext. execrab. de praebend. Fely. c. ad audientiam 2. de rescriptis. Gigas de pensi. q. 6. nu. 13. offend against a good conscience, but may lawfully enjoy it, because he is by the same authority delivered from the bond of that law, by the which he stood bound, as is evident in the very matter of plurality and dispensation which we have in hand. And according to these distinctions are all those things to be understood, which to like purpose (here and there in this treatise) as occasion was or shall be offered, are by me uttered: whereby the grounds and causes whereupon all dispensations and exemptions may lawfully and safely be granted and used, according to the more sound opinion of the best learned lawyers and schoolmen, may partly I hope with some plainness be discovered. But if it should be asked in which degree and sort of these three dispensations, those for pluralities, which by statute of the realm are committed to the Archbishop of Canturburie, aught to be placed? Truly in consideration that both they and other dispensations by him to be granted are there so bounded for the matters themselves, and for the persons, though not for the manner of proceeding, & are so exacted of him to pass them where just cause appeareth, that if he shall refuse to dispense, than this power and authority given by the whole church and the realm to him, shall be devolved over to others: I cannot see, but that they are to be reckoned either amongst those Dispensations of justice, which are conversant about the positive laws of man, or amongst such as be mixed of both. 14. Section. Pag. 129, 130, 131, 132, 133, 134, 135. Here the Abstractor fancieth, that he hath so battered us with his canons, that we must be forced to raise a rampire of our statutes, to make up the breach: whereas in truth his forces were nothing but a volée of colubrines, puffed and hissed off with serpentine powder of a spiteful tongue, fit to scare children, than to achieve any such enterprise. Where upon this nevertheless may be gathered, that he imagineth there is cause, why it should be thought that the statutes of the realm are more lose in permitting pluralities (which he so detesteth) than the very canon law itself. He answereth this point of our statutes, which establisheth dispensations with a wish and a prayer, That these laws might be respected, and that the law of England might rule an English man in this case. Pag. 126 But why doth he then enforce (as afore) that they must receive interpretation and addition from the common ecclesiastical law? And why doth he seek to deface them as Inconstancy. ungodly, contrary to nature, and permitting things unlawful? Whereby he would steal away. The clappers of these bells that they should not sound, and would untie their bands, which should tie him and others more short up to the observation and due estimation of them. For if there be any laws that do not Sound or bind, they are such especially, as he & his clients not only daily break, but do gnaw upon in their conventicles, and bark at in their public speeches. And here this wrangler confesseth in discourse which he denieth in the title of his treatise, that some Dispensations are tolerable for qualified men in cases of necessity, of conveniency, for the honour of her highness person, and being warranted by scripture. Touching the first of these, the statute in truth restraineth it to dispensations unto the prince's person in cases unwoont, but not contrary to the law of God. Concerning the second, the words of the statute, Are necessary, &c: upon due examinations of the causes and qualities of the persons, which after is left in some part to the Archbishop's discretion. The Falsification. third is more wressed than the former; for the words are thus: Not contrary or repugnant to the holy scriptures and laws of God. In steed whereof (he saith) they must be warranted by them. Whereas in truth many things be not contrary nor repugnant: to God's word, which are not positively and expressly warranted there, otherwise than that nothing is to the contrary. And no less than the former, is that untrue and contrary to the statute, where in saying that the Archbishop may dispense if he will in some cases not contrary to the word, he would insinuate that he needeth not at any time ercept he list. And these things thus by him corrupted, he doth before he come to his brief reasons, recapitulate as falsely almost as he had done before. The Minor of his first syllogism of the three, being unture and to be denied, wherein he assumeth the Having of many benefices, or non residency, to be repugnant to the laws of God, though he have not named non residency afore, he telleth us (if we may believe him) that he hath already proved By infallible conclusions of law, and undoubted truths of the word of God. Yet his laws alleged do not once mention repugnancy with the word and scripture. Pag. 121 And out of scripture to this purpose he hath alleged none but one place out of the first to the Corinthians, that ministers ought to have maintenance. But he enforceth this matter by this argument, as I do gather it: Whatsoever cause or matter is repugnant to the word of God, is by statute undispensable: The cause or matter of having many benefices, is repugnant to the word of God; namely, ambition, pride, covetousness, peril of souls, &c: Therefore the cause or matter of having many benefices, is by statute undispensable. First, to speak to the matter hereof, the Minor is untrue, because the sufficient maintenance of the minister, and the enjoying of a preacher rather than none, are the immediate impulsive causes of permission to enjoy more benefices. But if plurality should be an efficient cause of ambition, pride, covetousness, peril of souls, &c: which it cannot be (otherwise than Per accidens by indirect occasion) then are these vices effects of it, and not they causes thereof, as here is avouched. But if we should admit these crimes to be causes of having more benefices, than would I grant his conclusion, that the Archbishop may not dispense with those enormities: whereof nevertheless will not follow, but that he might (this notwithstanding) dispense with having of more benefices, being but the effect as he supposeth. To the A fallacy of equivocation. form I answer, that it is Paralogisticall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the diversity of signification of the word Cause: which in his Mayor and the statute, is taken for the matter itself to be dispensed with, so it be not repugnant to God's word: but in the Minor of this argument, it is taken by relation to the effect of that matter, which is to be dispensed with for the very reason of the prohibition itself. In his second syllogism, I have showed afore out of the statute, that the Mayor is by him feigned. For neither is any mention made of Peace or conservation, neither is The wealth and profit of the realm spoken of there in all dispensations absolutely, but in cases unwoont, and unto the person of the prince. And yet his Minor proposition thereof, is also unsufficientlie upholden. For the enjoying of two benefices, is as far off from making up such folly and wealthy prelates, as they do seem only unto the left envious eye of this Detractor; as this assertion is from the truth, that Hereby stipendary curates and poor ministers are kept in beggary. For it may be their allowance is according to the measure of their sufficiency, and it is very small indeed, if it be not more than he himself thinketh them worthy of, who holdeth most of such curates for no ministers at all neither in fact nor law. But if it were granted, that some such as are too meanly provided for, might be placed in some several benefices that are enjoyed by another: doth he think that the relieving of him hereby, will ease the commonwealth, or profit the church, as much as the abridging of sufficient maintenance will decay both the number and abilities of our best grounded and most learned divines, who are only fit to impugn the errors and heresies of popery and of other sects? His second reason of proportion drawn from diverse other mysteries and trades forbidden to be exercised by one rich and mighty man, to the intent to prove that a damage groweth to the commonwealth, by one man's enjoying of two poor benefices, which can be accounted indeed but one trade: if it be a sound reason of justice and equity, as it is pretended, it will not only infer, that a several gift and faculty of learning is required for every several congregation, as the cunning in several trades is different, but also must enforce an unlawfulness in all sorts of men to enjoy several lordships, or any inequality of possessions and substance whatsoever: because many of The poorer sort might live of such possessions in one man's hand, well and honestly in the commonwealth: which is a bitter root of the weed of anabaptistical equality and community. The last reason, which he bringeth for proof of his second Minor, is taken from the conveniency of fulfilling the deads' wills and testaments: as though all foundations and dotations of churches, had been by last wills and testaments only established, and as though they had especially regarded by their said wills the serving of those churches by pastors continually resiant, and not having any living elsewhere. But (I pray you) how was it lawful for the latter men to alter the wills of the former founders, by making new distinctions of parishes and allotments of livings, if other parishes and livings were established before (as he absurdly seemeth to fancy) even by God himself? And why should he be so careful for the fulfilling of their wills, who for the most part in time of ignorance, in regard only of massing for their souls, rather than for teaching of the people, and upon opinion of meriting heaven thereby, did erect and endow churches; perhaps with some little glebe, though the chiefest benefit do arise by tithes? Seeing he is of opinion that a matter grounded upon any cause or reason, is of like nature and His reason retorted upon himself. condition, with the reason itself: so that if the cause and reason, whereupon they grounded their building and endowment of churches be impious; then even the things themselves shall be stained with like impiety, and not worthy thus to be tendered by him. But this his supposal is in deed a very weak and slender conjecture, not worth the name of a presumption, and merely consisting in fact without proof. And it might be better gathered, seeing pluralities within these last six hundred years (in compass of which time most churches have been built) were very rife, as may appear by laws especifieng multitudes of benefices encroached, and retained without all licence or toleration: that patrons of churches could not be ignorant thereof, and therefore meant to provide for no such matter, which otherwise they would have expressed, and met with either in dotation, composition, or by testament. And he might with more colour use this reason, even against the just dissolution of religious houses, being directly and expressly contrary to the mind of the founders: yet with no better authority warranted, than dispensations for pluralities, both of them even by act of parliament. And therefore as the three several Minor propositions of these his last syllogisms, built upon these unsure and feeble grounds, for the proof of the Minor in his second syllogism afore, are to be denied: so are the very Mayor propositions all three, brought as grounds to build the other upon, as weak themselves, as these which should be underpropped by them. For the great riches of some few, is no small occasion why some other do want, which might have more plenty, if all the wealth of the richest in the land, were distributed abroad in the world, and yet are they necessary for the profit and conservation of the commonweal, which consisteth by inequalities, as the wise do know, which may serve also for answer of his second Mayor: although he which by especial privilege hath some two livings assigned unto him, can not properly be said to enjoy many men's livings, or any more than that which is his own by law. The like is to be affirmed of the dispositions in last wills and testaments, as though whatsoever did prejudice them, being made to lawful and holy uses, could not be accounted necessary to the wealth and profit of the realm. For if a man would devise and bequeath (to never so lawful and holy uses) his lands holden In capite, in chivalry, or entailed, or another man's lands or goods, which course is allowed of by the civil law: yet is it thought necessary in law, for the wealth and profit of this land, that in some part the one, and that the other should wholly be encountered. So doth the civil law disannul and reverse a testament contrived never so solemnly, or to how good and godly uses soever; if the testators son be omitted, or be without just cause disinherited in it; or if a some be borne within ten months after his death, of the body of his wife. Thus having, as shortly as I could, run over his reasoning, it resteth to show that by the statute law of this land, (which is the judgement of the whole church & commonweal representativelie) dispensations for pluralities are lawful. First the * 21. H 8. ca 13. statute 21. Hen. 8. saith, that men so qualified, (as is there prescribed) may take and receive two benefices with cure of soul by dispensation, and therefore it cannot be unlawful. But if it be answered (as the Abstractor goeth about to do) that all * 25. H. 8. ca 21. dispensations are by a later statute restrained, saving such as be not contrary or repugnant to the scriptures; intending withal this kind of dispensation to be ungodly, and against the word of God: this may be refelled easily by the preamble of the said latter statute, where it is affirmed To stand with natural equity and good reason, in all and every laws human, made within this realm, or induced by custom, that the parliament should have authority not only to dispense, but also to authorize some elect person or persons to dispense with those & all other human laws of this realm, and with every one of them, as the qualities of the persons and matter shall require. Now the judgement of the parliament is, that the laws prohibiting one man to enjoy more benefices, are but human, agréeablie unto that which to this end I have set down, but namely in the gloss last before alleged; and therefore that it may be dispensed with, it is hereby very evident: in that this latter statute calleth all these dispensations so authorized, An ordinance by policies necessary and convenient, and doth again establish the act for dispensations in these words, That the same act for pluralities & non residencies of benefices, & every thing therein contained, shall stand good and effectual to all intents: which they could not without manifest contrariety newly strengthen, if these prohibitions of more benefices, were not by human law only, but had been prohibited also by the law of God himself. 15. Sect. Pag. 135, 136, 137, 138, 139, 140. THE Minor proposition of the third syllogism pag. 133. [that It is not for the honour and surety of her highness person, to leave any manner of authority for the Archbishop to dispense] he goeth about to prove, because the statute containeth A contrariety and absurdity. And before he come thus far, he affirmeth that this is To set an English Archbishop in the room of the pope over the king and his subjects, and to respect him more than the dignity and pre-eminence of a christian king. As though that which was given by parliament, were usurped, or he that claimeth it not as invested or incident unto him, by any right, but as a trust recommended unto him by the whole realm, (whose minister he is in this respect) could be justly said to have pre-eminence above the king. For the Abstractor might as well gather, that the Lord Chancellor, having many great and weighty matters of confidence and trust by parliament, and the common law laid upon him, as namely Upon complaint made that the Archbishop refuseth to grant dispensation to any person, that of a good, just, and reasonable cause ought to have the same, to direct a writ, inioining him upon a certain pain by his discretion to be limited, to grant, &c. might therefore be said to have pre-eminence hereby over the Archbishop, and consequently (by his collection) over the Queen's Highness. But before I come to the examination of the proofs of his Minor, I must put him in mind that his Mayor is untrue. For neither is the statute prohibitory of all dispensations, Corrupt collection of the statute. not Convenient for the honour & surety of her Highness: neither yet (as hath been afore showed) do those words reach any further, than to dispensations in unaccustomed cases, for the princes own person. The Absurdity and contrariety he saith, is first in this point: because The Archbishop is authorized to grant dispensation unto the prince in such cases, as have been accustomed to be granted at the See of Rome: whereas the pope was never any lawful magistrate in the church of God, and therefore every dispensation granted by him was against the law of God, as granted by one that was no member of the church of God. Truly my wits be passing dull, which can not perceive how these do hang together. Might he not have been a member, though he were not head of the church? Or dispense with some human law, without breach of God's law? Or might it not be, that dispensations were accustomably granted by him, though he were not head of the church? Or might it not be that dispensations were accustomably granted by him, though he were not a lawful magistrate or dispenser? Or may not the Archbishop by lawful authority committed unto him, dispense in such human laws as hath been accustomed, though the pope were an usurper herein? Or lastly, if all these were admitted, doth it here upon follow, that there is a contrariety and absurdity in the statute? Assuredly he had need to be a kind and tender-hearted man, that will yield himself to be overcome with such reasons. His second reason for proof of the contrariety, is to this effect: Dispensations for usury, perjury, incest, adultery, &c: were accustomably granted at the See of Rome: But dispensations for such crimes are against the word of God: Therefore such dispensations as were accustomably granted at the See of Rome, were contrary to the word of God. Which is a very childish Ignorance of the elench, concluding of mere particulars, and therefore neither in mood nor figure of argument. For although some were such that were there granted, yet it doth not follow that all dispensations from thence were of like nature: but the Archbishop by authority of that statute may dispense with none but such as be not against the word of God. But here the Abstractor hath joined with such as undoubtedly are against the word of God, Non residency, and many benefices. The latter whereof is the matter in controversy, whereby this is Petitio principij: and the first can not be dispensed with during life; for that the * 1. H. 8. c. 13. statute maketh such dispensations void, & subiecteth the party using them, to a grievous penalty. But where he maketh Not eating flesh in Lent to be a matter repugnant to the law of God: whereby he inferreth such dispensation to be unlawful, he must needs confess that he was in his fit, and knew not what he said: for if to abstain from flesh in Lent upon commandment, and by positive and politic ordinance, be (as he saith) Superstitious, and a matter repugnant to the law of God: then as it seemeth should a dispensation to do it, which restoreth the former liberty of eating flesh, be more agreeable to God's word, and the more meet to be used. But neither eating, nor yet not eating of flesh at any time, is of the law of God, Quia esca nos non commendat Deo, neque regnum Dei est in cibo & potu, & nihil quod intrat in os coinquinat hominem: so that to dispense herewith, either to eat or not to eat, can not be unlawful. And that this observation of fishdays is but a politic constitution, it is * 5. Eliz. c. 5. explained elsewhere by act of parliament: whereby also he and others (which shall affirm otherwise of the intent of the prohibition to eat flesh on certain days) are to be punished as spreaders of false news. But at the last he stumbleth upon the right interpretation, that the Archbishop ordinarily is but to dispense with matters accustomed to be dispensed with at the See of Rome, and not then simply, but only so far forth as they were not contrary or repugnant to the word of God. Whereby he strait inferreth, besides those which are afore spoken unto, that he is not hereby Entitled to dispense for simony, Non residency, marriages in Lent, &c: because those are matters he saith repugnant to the law of God. Touching simony, it can not be denied but it is a grievous fault, yet forbidden by the positive law of man only, (albeit Canonists for the most part have derived it from the offence of Simon Magus) and hath his grounds and reasons very weightilie deduced from the law of God and the light of nature. Notwithstanding, our author hath almost wholly qualified and dispensed with it, as much as he could with little honesty, in his first treatise: namely, By right of covenants, by the well liking of the people, by a good fire in the hall once in a year, and by a slyver of bread at the patron's door. But if Non residency be against the law of God absolutely and directly, and not by event and consequence only; then must it be against some of the ten commandemeuts: and thereby will it follow, that as upon none occasion, any of them may be transgressed, so will it be sinful for a man upon any cause whatsoever, at any time to be away from his benefice, though it were but an hour, no more than a man may kill for an hours space. lastly, where he affirmeth Marriages in Lent to be repugnant to God's law, and therefore not dispensable: except he will acknowledge that he was in his melancholic mood, in a little house hard beside himself, he may happen for this saying to be gravely censured by the eldership, where he hanteth. But if the prohibition of marriage for some certain times brawn from the old canons, be but of law positive: why may it not by the same authority be likewise released and dispensed with? And in deed the occasion of such prohibition (at some solemn times of fasts & prayers) was grounded upon the same reason, that the Discipline of France forbade the receiving of the communion by the new married couple that day. Yet he is not thus content to rest in this interpretation, but must have a fling saucily to traduce the whole parliament, as Falling into two palpable absurdities, by want of foresight & due examination. D that they which were in parliament then, had been powdered but with a little salt of that discretion and forecast, wherewith this man thinketh he is thoroughly seasoned! Then no doubt some famous church-plat would have been hatched, which as yet is but a castle built in the air, by his own shallow conceit. The first Absurdity in this statute he noteth, in that it is Left to the Archbishop's determination, what is repugnant to scripture, what convenient for the honour and safety of the prince, & for the wealth and profit of the realm. The first whereof if it should be attributed to any one man (which for the difficulty of meeting upon every occurrent, and other confusion in multitudes, cannot indeed conveniently be otherwise) I do see no cause but by common intendment, the Archbishop may be holden for as sufficient a man as any one other to decide, what is repugnant or not repugnant to God's word. Albeit there is no one word in the act, that either yieldeth the determination hereof, or of the other two unto him: but rather (as may be collected) the contrary. For the two books of tars, which must contain the rate of every faculty, that is to pass, and which usually before had been granted at the See of Rome; are by statute to be set down by the Archbishop, the Lord Chancellor, the Lord Treasurer, and by the two chief justices of both benches, for the time being. But in unaccustomed cases, the Archbishop can pass no faculty at all, unless the prince or council shall determine it, and give licence unto him so to grant. But if all these Contrarieties and absurdities that hitherto to the Abstractor vainly (as you see) hath bungled about, should be granted to be in the statute, yet how could the Minor proposition hereby be confirmed (which was his purpose to prove) that It is not convenient for her highness honour and surety, to leave any manner of authority in the Archbishop to dispense. For there might be some parts of the statute, and some faculties absurd, yea all might be so; and yet her honour and surety no way impeached: for utile per inutile non vitiatur● that which is to no purpose, doth not hinder that which is to some use. And if he would have authority of dispensing taken from the Archbishop, and to be given unto her Majesty, in respect of unlawfulness of dispensations, how shall this be lawful in her highness royal person, more than in his? And the vanity also of his Other absurdity is discovered, which would therefore everthrow the whole act, because it is unfitting, he saith, For a subject to grant a dispensation to his sovereign. But albcit there neither is nor can be so frequent an use of such dispensing with the princes own person, as was when the statute was made, by reason many human laws brought in by canons of counsels were then throughout all this west church suffered to be in force, even with sovereign princes, as about vows, marriages within certain degrees of carnal and spiritual (as they termed it) consanguinity or affinity, clandestinitie, legitimation of children borne before espousals, and such like a number more than now are: yet do I think it too general simply to be set down, that now there can be no use of any dispensations at all for the princes own person, as by examples might be showed, if it were requisite. For although the person of the prince needeth not to be dispensed with for the positive law of man being made by his direction, according to that Dispensation which is a relaxation of law in some particular case, the bond and strength of it otherwise remaining in force: nor can for the law of God, which no man may release in any particular man's case, the bond of it being perpetual: yet notwithstanding I do not see, but by a Dispensation of justice, which is a true and upright interpretation and declaration, that the law of God, of nature, or of nations, according to the true sense and meaning thereof, hath not place in some particular action, which otherwise might in shéw appear to be included in the generality of them: that in this respect it may be expedient, even the prince's person sundry times so to be provided for. And this the rather, because by law and natural reason Nemo secum dispensat, no man can impart a dispensation unto himself. So that the Archbishop in such a weighty case, having with the best learned in the land maturely debated the matter with all circumstances, and found upon pregnant and invincible reasons, that it cannot be truly said to be against any of the former immutable laws: if then he shall In perpetuam rei memoriam, in authentic form under his seal set down this resolution: it cannot justly be avouched that the prince's honour or prerogative is hereby any way abased, but rather the quiet of his mind well provided for; and the doubts, which in process of time might here upon be cast, wisely and godly to be met with, for the profit and benefit of the realm. Neither can such dispensation, touching the princes own natural person in matter of conscience, or of some positive ecclesiastical law, which reacheth unto him, be any more derogatory to his honour or royal prerogative: than * 1. Hen. 7, 4. when the judges of the land did determine, that the attainder by parliament of the person of the noble king Henry the seventh, was upon his calling to the crown, by the very operation of the law annulled and discharged. Or when Archbishop Cranmer gave sentence for the nullity of marriage contracted betwixt king Henry the eight, and lady Katherine Dowager, his late brother's wife. Whereby may also be perceived, that the difference, which the Abstractor taketh betwixt the judgements of the justices and the dispensations of the Archbishop, as not touching the kings own person, like as dispensations do, to be destitute of footing, or sound and good ground to stand upon. And although in words he seem outwardly thus to tender her majesties honour and prerogative; yet the place which he allegeth out of the civil law looketh a clean contrary way. For thereby he would subject the prince's person to his own positive laws even of necessity; because in the civil law the * Imp. Theodos. & Valentinian. in l. digna vox. C. de legib. etc. emperors say: It is a word worthy the majesty of a ruler, to acknowledge himself as chief tied unto laws. Whereas nevertheless the emperors speaking elsewhere in the same law, do say thus of themselves: Although * Severus & Anthoninus §. vlt. instit. quibus modis testa. infirmentur l. princeps ff. de legibus. we are not bound by laws, yet we live according to them. So that by the law which he allegeth, the very contrary unto his position, might seem to be gathered: because, if the person of the prince be tied by the bond of the positive law, then should a dispensation be as requisite sometimes for him, as for any other which in like manner is tied and bound unto it. Some do reconcile these laws thus: That a sovereign prince is therefore not said to be bound by laws, because he may abrogate them at his pleasure. Other say, that he is tied only to the law of nature and of nations, but not to positive laws. A third sort do hold with good probability, that he is bound to positive laws according to their force Directive, but not Corrective, to be directed by them, so far as may concern him, but not to be corrected of them; neither yet that of necessity he is to be directed by them, but of congruency and conveniency only according * Claudianus de 4. consula●u Honorij. to that: In common jubes si quid censésue tenendum Primus jussa subi, tunc obseruantior aequi Fit populus, nec ferre negat, quum viderit ipsum Censorem parere sibi: componitur orbis Regis ad exemplum. And so is the king of * 5. E. 4. 32. 39 H. 6. 39 England also tied to some positive laws, according to the judgement of the justices. Yea it is in this respect honourable to the prince to suffer himself to be directed by godly ecclesiastical laws, not impugning his prerogative, except good cause may be alleged of relaxation. And therefore the Dishonour and danger to her Highness, which in the Minor he assumeth, we are easily delivered of, till he can show better cards for it. And where he extendeth this reason of Dishonour, to infringe all dispensations granted likewise to subjects, he is not so well advised as he might be. For seeing it is necessary, upon sundry weighty occasions, that immunities and dispensations for * Preamble of the statute 25. Hen. 8. ca 21. human laws be granted to some above other, and the ambiguities of God's law, and of the law of nature in some cases to be declared and interpreted: it were more dishonourable to her Majesty to attend these meaner matters from time to time in her own person, than it can be in the worst construction, to put them over to some of her subjects. And as it cannot be convenient for her Highness to attend in person the execution hereof: so her royal dignity is no way impeached by yielding this authority to the Archbishop, who must (where cause requireth) perform this duty but as a minister herein to her Majesty and the state: and who cannot dispense as he list, but with confirmation under the great seal of England, as the statute doth limit. Yet he importuneth her Majesty still, by telling her what her highness most noble father would have done (if he had Understood so much as the Abstractor doth) not only to take dispensations away from the Archbishop, but belike in regard of them, to take him away also, as he did An Abbot: a match truly and comparison as unlike, as if we should compare the Abstractor to an honest modest man. And for this end he exhorteth her Majesty to Submit herself to the sceptre of God's word, as though she had not done it hitherto. But he and all the knot of them, by these speeches do indeed understand the submission & licking of the dust of their signory and Eldership, which is neither dishonourable (for sooth) nor so dangerous to her Highness, as is the committing overof dispensing (in causes requisite) unto the Archbishop, because they amongst them have so concluded, that it shall be, touching the peril To her majesties honour and safety, which groweth By the Archbishop's dispensing in matters repugnant to the holy scriptures, upon a corrupt construction, a sinister judgement, and not right discerning what things be repugnant to scripture, it shall easily be yielded unto, that it is neither for her majesties honour nor safety, to suffer the laws of God to be broken; albeit those words of the statute (as have been showed) do not extend unto all dispensations, by virtue thereof to be granted. But first he and his complices must beat their sconces a while, to teach the Archbishop how he ought aright to construe, to judge, and to discern the scriptures, where unto (as he saith) his dispensations are repugnant belike according to some anagogical, tropological, or cabalistical sense of their own devise, whereof they have perhaps dreamt. Yea, and all this ado, which he maketh about dispensations to the prince's person, is unseasonable and impertinent wholly to the matter in hand, concerning the validity or invalidity in law of dispensations for pluralities: and therefore might with better provision to his own credit, have been spared. 16. Section. Pag. 140, 141, 142. 143, 144, 145. THe Abstractor, which thinketh he hath found Absurdity in the Statute, goeth on still in his own absurd dealing: purposing to show as well by statute as by the Canon law certain adjuncts necessarily to be observed in these dispensations, which he in this whole treatise laboureth to prove by both the said laws to be unlawful. Which course must needs seem to wise men a strange piece of work, that those laws which do condemn them, should so exactly describe their properties and circumstances, in what manner, with what care, and to what kind of persons they ought to be granted. And first of all he here woundeth the smoke very deeply, and fighteth valiantly with his own shadow, in that he would prove Poverty to be no sufficient cause of dispensation: and that every one dispensed with already for plurality, can not justly be reputed for a poor man: neither of which I did ever hear by any man hitherto to have been maintained. But in going over his proofs hereof, I must put him in mind, that Rebuff his first witness hereto produced, though he allow not of poverty for a sufficient cause of itself: yet he insinuateth thus much, that being joined with worthiness, it is adminiculant (as we call it,) and that it addeth weight to desert, for procuring of a dispensation. For in deed, as it is reason, that a man worthy and able to profit the church, should have sufficient maintenance, though it be by more benefices than one, for supply of his necessity, and towards hospitality: so if he be of sufficient patrimony otherwise, though he be never so worthy, and his ecclesiastical living be even under a mediocrity: then there is less cause a great deal, why he should look for another. And again, the same author by him vouched doth directly decide, that A dispensation tending to the profit of the church, or upon necessity, is lawful. And therefore by his own witness, which in law he can not refuse, the scope & drift of his whole treatise is again overthrown. And where he addeth, that he which hath taken a small living, may not in any case seek to augment it: if his bare words did make law, then surely ecclesiastical livings, which be but small, would hardly be furnished. Yea, the reasons, which to this end he bringeth, are as truly verified of any temporal living, as of ecclesiastical. But what if both the sufficiency of the ministers gifts by his own inbustrie, and by the blessing of God do notably increase, and his congregation also be multiplied more and more in people, or if his domestical charge arise by number of children, or by their sickness; may he not seek some augmentation of his living? Truly this devise joined with that which followeth, of driving ministers to furnish the wants of their maintenance by Some handy craft and labour, is an open window, to draw them from study, and so to ignorance, barbarism, savage wildness, contempt with all men, and finally it leveleth directly at the overthrow of all religion. The first place, which to this end he quoteth, doth not speak to that purpose whereunto it seemeth to be brought: but * 32. q. 5. c. horrendus. that Whatsoever hath once pleased a man, ought not any more to displease him. Now he that having too small a living to maintain him, seeketh a further supply by another: doth it not upon any mislike of the former. And therefore it might better have been applied to infer, that a man may not of his own head relinquish his benefice; yea, it is not general without his limitations: but is specially to be understood, where by variance in liking, a prejudice to another man may rise. Which inconvenience if it be met with by the judgement of the Ordinary, whom the law authoriseth to judge of the exigence of the cause, fit for relinquishment of his former living: then that rule doth cease. For else should all translations and shiftings from one congregation to another, upon sufficient ground (both allowed by law, and practise of most reformed churches) be utterly unlawful. The next being cross quoted with the former, and * c. sanctorum. 70. dist. which he saith is Law in truth, doth vary in very deed, from the canon itself: which hath nothing tending that way, either of Prejudice grown unto him that hath received a small benefice, or of seeking his living by his own craft, but only thus: In what church soever a man is entitled unto, in that let him perpetually remain. Not as though a man might not upon some occasion renounce and resign his benefice into his Ordinaries hands: but that he hath it by institution for term of his life, and therefore may not be put out of it against his will, without sufficient cause thereunto, as may appear by the gloss. That * 21. q. 1. c. 1. part of the next place, which requireth a man's continuing in his own vocation, doth not touch any thing now in controversy, seeing he which hath two benefices, doth not give over his vocation. As to the other part seeming to counsel a poor clerk to labour with his hands, for the better supply of his maintenance, by the example of the apostle, it seemeth to me, not to be spoken of the priests and ministers in chief cities, but of clerks in inferior orders and degrees, whose attendance in such great churches was then in great numbers practised. Yet the * Gl. ibid. in verbo necessitatem in ●ine. gloss answereth it, that Those things were in use in those days, but not now wherein God had dealt more liberally with the church: and that those things are to be considered according to the quality of the person, and site of the church, seeing that which is sufficient for one, is not for another: and the custom of the country is herein to be observed. And mine interpretation is strengthened by the conference of two or three chapters together, of that distinction which he allegeth, in which a manifest diversity may be observed Inter presbyterum & clericum, a priest and an inferior clerk. For the * c. Presbyter c. Clericus. 1. & 2. dist. 91. priest or minister hath in those canons his task for the whole day so limited forth, that it will not be possible for him to have time beside to earn salt to his pottage by his handy work. Yea, the very gloss * Gl. in ver. minus. c. ●i proponente Ext. de rescript. per c. de monachi● infra de Prebendis. whence he borrowed all this furniture at one clap, doth tell him that this course is changed sithence, if it had pleased him to have looked a little lower. But (saith the gloss) a man is not to be instituted, except so much be assigned, whereby he may be sufficiently provided for, and be able to pay the duties to the Bishop. And by the way the same gloss showeth, that poverty is some part of a reason, whereupon to ground a dispensation for plurality, though not an entire cause. The example of S. Paul may be answered, that it is not appliable to these times. Because the gifts of the Holieghost, for the furnishing of the work of the ministery, are not miraculously now bestowed as they were then, but by the industry, painful study and endeavour of the party. Therefore if we should set him to a manual occupation to gain some part of his living by, on the working days; assuredly his mind would be clogged, his spirits so dull & wearied, his invention so mechanical and devoid of pith on the holiedays, that it were as good to keep him at hedging and diching, or upon his shopboord still, as to put the poor man any more into the pulpit. And hereby it will come to pass, that if we have now too many unlearned men in the ministery, with whom the Abstractor is so round in his first treatise; by this devise of his we shall have in short time none else but very dolts and idiots: except he can imagine, that men coming from the Universities, will be content to be preferred from being Scholars to be scavenger's, ●rom Sophisters to be shoemakers, from Bachelors to be bakers, from Masters of art & other Graduates, to be millers or grinders, and yet to continue the ministery still. Much like to the contemptuous surmise of Lucian, that Alexander the great is preferred to sit on a thrée-footed stool behind a door in hell, cobbling and clouting of old shoes. Nay, though S. Paul was content in that infancy of the church, for avoiding of grudging & murmuring, to earn some part of his living by tentmaking, that he might thereby spare the churches more, and the rather thereby to allure them to liking of that, which was not chargeable unto them: yet in sundry places it is not obscurely signified, that both he might have exacted his entire maintenance of them, & that they in duty were bound to procure him, in all necessary worldly relief. Furthermore, we Inconstancy. are to note, that he which could find but two causes of dispensations before, hath now light upon two more. He allegeth also to prove, that Poverty is no sufficient cause of dispensation: the saying of the apostle applied by the law, that A man having food and raiment ought to be there with content. Whereunto if he will assume that those, who purchase dispensations for more benefices, have these things afore, wherewith therefore they ought to hold themselves content: then will it (being scripture and not spoken of ecclesiastical men alone, but of all whomsoever) as well serve to prove, that no man may seek (be the means never so honest) the bettering of that his estate, wherein he is at the very first settled. And yet is it not meant of any food how little, or any apparel how mean soever, but of a sufficiency in both, according to the calling and degree of the person: and is but set down to meet with the covetous, unmeasurable, and distrustful desire of riches, which when we have attained them in highest measure, can yield none other necessary use at all, but that which tendeth either to the one or the other. Now, he going on this course, saith: that he which knowing the smallness of a living, hath undertaken it, hath thereby debarred himself of all just cause to forethink him, seeing it was his own folly to provide at the first no better for himself. Which he proveth by no other ground, but that which hath been answered before. And if none of this will serve, yet will he by examples of two men show, that no pluralitie-man wanteth living, or may pretend any necessity: but so childishlic & ridiculously, that I am feign even to blush in his behalf. For when a man hath already a plurality of benefices (as he surmiseth) though they may be such as be far from a competency The Abstractor his foolish malicious mirth. of living: then there is no likelihood that he would desire that which he hath, or more which can not be had, or yet allege or pretend want, when it is as far supplied, as law doth yield. But if these two whosoever, with whom he thus playeth (upon envy no doubt to the great gifts of God in them, and malice to their persons) neither justly can nor yet will pretend any want of living, but will humbly and thankfully acknowledge in modesty, that God hath dealt very mercifully with them above many of their brethren: doth it hereof follow, that none other having but one benefice, can justly pretend insufficiency of maintenance, whereby he may be induced by ordinary means to procure an increase thereof? O shallow and barren pate, or else brazen forehead, which dare thrust out into this learned age, such doltish yet malicious fooleries! But we may see by his dealing here, that there is more lusty spirits in this man, than are leaps in a bear. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now therefore to answer his mild question in the like key: may a melancholic mate, a shifting corner-creeper, who in corporat towns where he cometh, is of all spices most afraid of mace, whose credit is so cracked, that every man will be as ready to give him trust upon the paring of his nails, or pawning of an old razor, as upon his single bond: whose learning in law is not worth a liard, whose reasoning is rude, whose modesty is not worth a mite, may (I say) such a son of the earth with toleration of good men, in an infamous libel renew the practice of the old comedy, and play both fool and vice himself, cynicallie to nip such men (as is thought he doth in this play) in comparison of whom he is in all respects but riff-raff, and as base as a very dishclout? If he be such, as I have described, who hath done them this injury: then do I bowl at him, & would hit him full patch. But if there be none such, than I do only ask the question, and put the case. But whosoever they be, that will speak and write which they ought not, let them be assured, that in the necessary defence of the good and learned, whom they thus maliciously do traduce, they shall hear that which they would not, nor yet happily look for. But their injustice, which he exclaimeth of, and will (as he saith) Descry and discover by law, he had need for the covering of his own shame, and his corrupt or lose dealing, to decry and call back again. For the very * Gl. in verb. tenues c. eans te Ext. de etate & qual. gloss upon the place which belike made him unwilling to quote it, doth bewray his packing and fond collection, as though there were no cause of retaining more benefices, but when they are very small, whereas that very gloss gathereth in a verse other causes also, which I have touched afore. Paupertas, pendens, defectus, gratia, seruans, Ecclesias retinere duas, dat quodlibet horum. And because he saw that this overthrew his former devise, whereby he affirmed, that a man having once made choice of a benefice, be it great or small, might not seek any augmentation: therefore as a pope which is feigned to have all laws and interpretations In scrinio pectoris, he taketh upon him to declare, that this lawful enjoying of two small benefices, is to be understood only, when as the one of them being a competent living at his entrance, is by some casualty afterwards impoverished, even clean contrary to the circumstance of the place: and so by his own bold surmise, he dareth to distinguish against law, where the law maketh no such distinction. Which like dexterity also doth he handle that matter, where it may justly be said, that churches are (to the effect afore mentioned) small in revenue. For * 10. q. 3. 6. unio. the canon, which he hath wrong quoted, doth not once mention smallness in revenue, which he would have us believe, that it goeth about to define: but only a politic direction is there set down in a council, according to the use of those times, for Bishops to look unto, in uniting of parishes, which were meet to be governed by one priest. Ecclesia quae usque ad decem habuit mancipia, super se habeat sacerdotem, quae verò minùs, alijs coniungatur ecclesijs: That church which at the least had ten servants or bondmen, let it have a priest over it, and that which hath less let it be joined unto other churches. That which this canon setteth down for an estimat of some sufficiency of revenue, by the bondment belonging to the property of the church: the Abstractor ignorantly and untruely doth transtate Corrupt & ignorant translations. Households, and would hereby gather wheresoever ten households be, that there the ministers maintenance will rise to a full sufficiency. But I would wish those which think so, might be tried but for seven years together, how they could maintain themselves, and what hospitality they would use by the tithes, offerings, or contributions from some several score of households which I could name unto them. For as at the first the chief of every private man's wealth consisted In pecudibus & pecoribus, in cattle, sheep and goats, whereupon it came to be called Pecunia: so, about the flourishing time of the monarchy of Rome, the chiefest part of their wealth either consisted or was esteemed Permancipia, by the number of their servants and bondmen. In somuch that this word did hereupon, and by their manner of selling Per mancipationem then used, come to signify all their movable goods, as Praedia hereditaments, signified their unmovables. Not * L. 3. Offic. only (saith Tully) in lands or hereditaments, the civil law drawn from nature doth punish ill dealing and guile, but also all deceit of fellers is excluded in the sale Mancipiorum of movables. And again, It is manifest (saith * L. 3. ff. de divers. tempo. prescript. the law that prescription of long time hath place, Tam in praedijs, quàm in mancipijs, as well in unmooveables, as in movables. Whereby appeareth that not the Pluralists, but the Abstractor, is ignorantly or Wilfully blind, which can make by a strange Alchemy of one bondman a whole household, and of ten of them a sufficient parish, in deed fit enough to maintain such a profound doctor as he himself is. That which he allegeth out of Rebuff. against the practice of the Pope and church of Rome, which rather in dispensations respect the utility of the party than of the church (which ought chiefly to be regarded) pertaineth to be defended by the patrons of popery, and not to this church of England, against which his forces are bend. Yet it argueth, both that the benefiting of the party, though not chiefly may be respected, and that a dispensation may in truth tend to the benefit of the church, and therefore may be lawful even by his own confession. 17. Section. Pag. 145, 146, 147, 148, 149, 150, 151. THis man surely hath a great gift of a little more boldness than audacity cometh unto, which not only provoketh men to the examination of his wrested, racked, and falsified laws, but to the hindrance of her majesties service, and that he and his confederates, might in the mean time trouble the unity of the church, would set her highness commissioners awork one against another, as the devil in the person of Friar Rush hath been feigned to have done amongst the covent. Which as he doth malicioustie, with odious comparisons against the ecclesiastical men in the said commission: so (I doubt not) but withal his factious flattery is even loathsome and importune to all the other employed in that commission, whom he maketh Sounder and better than the ecclesiastical men, and not only Godly (as they are indeed) but so far forth, as though he could not bestow this Epither upon any of the other, without derogation from them. Which if it be not to sow the seeds of dissension amongst the great men of the land, I know not well what may be so accounted. But those ecclesiastical men in commission, whom he so saucily debaseth, are I hope all of them so borne up with a good conscience, that they fear not either the virulent and spiteful accusations of any such Grachus or Saturnius as this is, neither are they afraid to have their doings orderly sifted by whomsoever. The laws, which he would have at his entreaty some of The commissioners to put in execution, do make void (he saith) every dispensation granted for longer time than for seven years, to the enjoying of more benefices than one. But if the proofs which he hath already brought to prove them Contra 〈…〉 to be unlawful, as being against God's law and man's law, be so substantial, as he would bear the simple in hand: then come in these Laws here to no purpose, even a day after the fair. For if no law warrant them, they are void in themselves without any further respect had unto any circumstances about their granting. But a little to run over his proofs. The first speaketh not of dispensations for plurality, nor of the making void of them, nor of any limitation of time to enjoy them, or to grant them: but only, that by ordinary course of law, a man is to be resident in his benefice, albeit for a time and upon a reasonable cause, the ordinary may dispense with him for his non residence. The gloss thereof he hath falsified. For it saith not, that the Pope cannot, but that he which Falsification. was then Pope did not give faculties of perpetual non residence, such as were granted by his predecessor. And he reasoneth (as his use is) like a deep Logician, A specie ad genus negatiuè; Because dispensations for non residence may An absurd reason. not be granted during life, Therefore no dispensations at all may be perpetual. The like may be answered to the next place, which speaketh not of a faculty for plurality, but De non promovendo. Whereby such as were students abroad, might be suffered to retain a benefice by the space of seven years, without taking any further orders than subdeaconship: which thing nevertheless the Abstractor did omit, and doth cut off with an, etc. But in the * c. cum ex eo de elect. in. 6. preface of this constitution, we have an evident example to admonish us of the necessary retaining of some authority to dispense: lest laws being generally made for public good, by occurrences falling out afterward, (which could not be at the first foreseen) be turned indeed to the damage and detriment of the church. For in this constitution it is reported, how by reason of a canon made in the council of Lions, which exacted that within one year he that would enjoy a benefice, should necessarily become priest: that few or none which were learned, or meant to increase their knowledge, would accept of any parochial benefice. Whereupon the Bishop of Rome was now urged to grant unto Bishop's liberty of dispensing for the space of seven years, to such as would be subdeacons, De non promovendo, so they continued in some place of study. But what is this to the practice of our church, which hath by statute no faculty in force for a beneficed person with cure of soul De non promovendo. For he must needs be of a certain age, and a 13. Eliz. c. 12. deacon, before he can be admitted to such a benefice: and within a year after he must be full minister upon the penalty and loss of his living, Ipso facto. And yet upon the like danger, for the which it was not thought meet that this kind of faculty should be granted during life: he urgeth the cutting off at the seven years end, of the validity of dispensations also for plurality. But I answer, that this constitution is penal and strict, and therefore not to receive any such extension: That the rule that the same reason maketh the like law hath many limitations, whereof some may be found to be appliable to this case, and are touched in the former treatise: and lastly, that in these two faculties the reasons be not alike. For he that enjoyeth a plurality, governeth and profiteth the church by his learning attained in that place where he maketh his resiance: whereas, if a dispensation De non promovendo, during the time he would remain at study, should indefinitely be granted without limitation, than the party might continually be a learner without ever profiting (by instruction) any part of the church in any place wheresoever. Yea, the law decideth this controversy, by permitting the grant of the one dispensation for life, and making the other but temporary, which is above all dispute. So that although he that is dispensed with to enjoy two benefices, be not accounted directly to have a faculty of non residence, they two being diverse: yet is it by law ( * Gl. in c. in tantum Ext. de Praeb. as to other accessaries necessarily consecutive, without the which it could not else sort to effect) to be extended also to contain and imply this faculty, * Gl. in c. non potest de prae. in 6. Fely. in c. fin. Ext. de Simon. jas. in l. beneficium ff. de const. principum. Panorm. in c. extirpand● §. qui verò Ext. de Prebend. that he need but to reside in the One of his benefices, because no man can be personally resident in two churches at one time. Therefore out of the premises I answer to his Mayor proposition two ways. First, that if dispensation be taken for an administration of justice and right, as it is sometimes used, then is the very collation and institution of a worthy man, a faculty whereby he may enjoy the fruits of a parish church during life, though not in his absence which is not here expressed: and in this sense his Mayor is untrue, as making all such to be void. Again, there lurketh a fallacy in the equivocation of the word Granted. For if it be understood of an express grant to him that shall be absent (as I think he meaneth) which is a direct faculty for non residence, and be granted by an inferior since the making of that constitution, considering no absolute or sovereign prince (such as the pope claimeth to be) can thereby be tied otherwise than voluntarily, Quia par in parem non habet imperium: then will I grant his conclusion. But if he will extend the word granted so far, as to carry all such grants, whether expressly so conceived, or but by implication only: then is it to be denied as false: because in a dispensation for plurality, by the secret operation of law, a faculitie of non residence upon the one or the other benefice is necessarily implied and allowed (without expressing) even during the life of the party. And therefore there is no cause, why by collusion or indirectly, the Archbishop should seek (if he were so desirous in that sort to gratify any man) to renew their faculties of pluralities after seven years: seeing he may by law grant them for term of life; which may necessarily be thereof inferred, because the party being instituted to a perpetuity in both, and dispensed with to retain and keep them, it cannot be otherwise intended, but that his dispensation shall last so long time, as * c. si gratiosae Ext. de rescri. c. satis perversum dist. 66. A confident and false asseveration. he shall have title unto them, which is during his life. Therefore I cannot in truth marvel enough at the confidence of this man, that so generally dare avouch in the negative upon no more ground than you see, that Before the 25. of H. 8. no faculty was granted at the See of Rome, or by authority thereof, for the retaining (as he meaneth) of the fruits of any parish church, longer than for seven years space. When as many yet living, are able to show authentic bulls (whereof some I have seen) to the contrary. And Rebuff. who * Rebuff. in forma dispen. ad duo. & in verb. quoad vixeris. setteth down the most ordinary tenor of them, as they were sped usually in the court of Rome, and maketh an exposition of them, doth show that they were not only in title but also In commendam granted there for term of life. Yea, though they had not been there so granted, yet the * 21. H. 8. c. 13 statute which throughout speaketh of Purchasing dispensation, of taking, receiving, and keeping of two benefices with institution and induction, which breedeth a title, and that without any limitation or distinction of time, doth convince him of arrogant vanity in this behalf. For * 25. H. 8. c. 21 the statute for dispensations, doth not alonely establish licences accustomed to be granted by the See of Rome (as he untruely surmiseth) but reacheth also in some sort unto dispensations for any matter whatsoever, not contrary nor repugnant to the word of God. And if he will affirm these dispensations during life to be contrary to it, then shall he not be any more able to excuse those which are granted but for term of seven years, (which he seemeth to think lawful) than he may do the other which be perpetual. And hereupon again he telleth The commissioners, that many licences will upon this point be found void, which hath told us by the scope of this whole discourse, that all dispensations for plurality were simply forbidden by law, whereupon it must needs follow, that they should be utterly Contrariety. void, so that all this labour about making of them void, upon the Causes and circumstances of granting, is hereby descried to be as needless and vain, as his proofs of the former endeavour were weak and feeble. 18. Sect. Pag. 151, 152, 153, 154, 155, 156. THe matters contained in this section (I do take it) may very conveniently be reduced to these four heads, that dispensations are to be granted with examination and looking into the cause, that they must be granted at and according to the petition of the party, that nothing be expressed or concealed, which by likelihood might have induced the judge to deny the dispensation, and lastly that he dispense not, but where the lawmaker himself would have been moved to dispense, by the equity of the cause, if the case in particular had been opened unto him. Now if he meant hereby to instruct the Archbishop how to observe law in granting such dispensations, which he would bear us in hand are wholly unlawful; then hath he sadly endeavoured himself (as the proverb is) to be stark mad yet with good reason and discretion. Yet the Archbishop hath perhaps some cause to give him thanks: which out of that deep buttery, and plentiful storehouse of law, wherewith by long and painful study no doubt he is furnished, hath at the length with much travel and grievous throws, brought into the world such a litter of laws, as the Archbishop could not have had with so apt applications, at the best Civilians mouth about the arches, for a thousand pound. But if he meant only to inform aforehand those, which shall sit upon the Commission, which he mindeth to purchase forth, how they may trip the Archbishop for breach of these laws, which yet For the most part heretofore were unknown and unpractised: than it were requisite he should yer he leap, look whether his Rhapsodies and Summaries have not deceived him, and whether his collections upon them, were not something too hastily ripe for to last out any long time. That a Gl. extra wag. execra. bilis de praeb. ver. ultimo. which he quoteth in the first place, though it be true that a knowledge of the cause must be had, containeth no such matter at all, that Privileges be prejudicial, is neither generally true, nor yet proved and confirmed by any of the laws which he allegeth. But that those things which do breed prejudice, are to be handled with full knowledge taken of the matter (which he translateth unskilfully Decision of the cause) are the words of the summary of that law, and b Summa. l. de etate ff. de minoribus. not so full in the very law itself. And yet by the word Prejudice there used, a damage or detriment (as it signifieth in our common speech) is not meant; but a forejudging of one thing implied by another: albeit that other meaning given by me elsewhere to the same place, may be also safely admitted. That of the c Gl. in ver. certa ratione c. sane Ext. de privilege. per c. petisti. 7. q. 1. consideration of the reason and deliberation to be had in granting a privilege, are the words of the gloss, and not of the text, gathered by the like example of that canon by him quoted Potuisti in steed of Petisti. The other is too strange a quotation for me to conjecture what should be meant by it, or where it may be heard of. The next likewise to these is such a §. quoted without law, as I can not find in the title whither he directeth me. That d Linuito ff. de regulis i●ris. following is not invito non debet conferri beneficium, but, Non datur: a benefit is not bestowed of a man which is unwilling to receive it. The place out of the e c. licet Aeli. Ext. de simon. decretals hath no such matter as he ascribeth to it, but containeth a good example of it, whereof by way of argument that may be drawn. And that f Summar. l. fin. C de fidei come. libertatibus. out of the Code is the summary only gathered of that law which is quoted; but he shall never prove good lawyer, Qui sapit tantùm ex summarijs, as one truly saith. And these be his proofs of the two first heads which he hath as slenderly (you see) proved, as it was in truth superfluous to stand upon such points, which being truly understood, none will deny. Yet if either the looking into the cause or petition of the party should be omitted, there is no one word here so much as cast out, that in such respect the dispensation should be void. But I do conjecture, that (of the Petition of the party) is brought in by him, against the usual clause Ex mero vel proprio motu: though he do not plainly express so much. If it be so, then truly he showeth his ignorance greatly therein, for a man may be said to grant of his own proper or mere motion, although the party made petition: when * Bald. in c. nisi Ext. de off. legate. Dec. cons. 51. & pro tenui. C●●t sen. consil. 66. Paris. in c. accedentes Ext. de preser. Cagnol. in l. qui cum ali● ff. de reg. juris. as he is not moved to grant, only because the other desired it, but of a willingness also and bounty in himself. But how the Abstractor should upon these speeches ground, (which he was bungling about once before, even with a contrariety to himself) that no cause may be alleged for obtaining of a dispensation, Saving necessity and utility of the church, I can not possibly devise, except he be inspired with Anaxagoras spirit Per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by Pythagorical transanimation, who would make Quidlibet ex quolibet, even what you will of any thing. Touching his Syllogism, I am to say, that if in his indefinite Minor, assuming Dispensations to be hurtful and prejudicial, he will speak like a Logician, with whom propositions of that quantity are reputed equivalent with particulars; I will grant that some be such. But if he speak therein as a lawyer, with whom such are correspondent to universal propositions, I do deny it as untrue. Further I observe, that he hath ca●telouslie changed the words of the gloss, speaking of Deliberation and advisement, and whereupon his Mayor should be warranted, into Consultation: as though it were requisite in granting of every dispensation, to have a solemn conference (of I know not whom or how ma●●e) to debate the matter. And where by supposal he saemeth to deliver, that upon The consultation, a Sentence must be framed to that purpose, and thereto * c. sano Ex●. de privilegijs. quoteth a place: it doth no more serve this turn, than if he should have alleged it for proof that an army of men ought also to be present. As touching the third point I do yield, that he which seeketh a dispensation, ought not to suggest or conceal any thing outward and in fact, whereby it is probable the judge might be led to deny such dispensation. And likewise, that an inferior judge, who is tied in dispensations to the ordinary course of law, should not dispense in such cases as he is persuaded the superior, who gave him authority, would not dispense in. The first of the places, which to this purpose he bringeth, is either by the printer negligently, or by himself so perversely quoted, that I have no direction thereby to find it. The other place speaketh not of dispensing, but of judging, and decideth that there should lie none appellation, A praefecto praetorio, being the chiefest officer under the Emperor, and not much unlike the L. Chancellor here: because it was to be believed and presumed, that he would judge none otherwise than the prince himself would: and is not (as he allegeth) Non aliter judicare debet, He ought not otherwise to judge, but it is to be believed that he will not judge. Now to prove that the parliament, which by act authorized the Archbishop to dispense, would not grant a faculty for two benefices, though all external circumstances consisting in fact, were in specialty truly recounted without concealment of any point material & requisite therein to be known: he hath devised a proper new matter and interlude with diverse interlocutors, never played before: wherein he playeth all the parts himself, and one beside. By which in effect he must for his purpose collect thus: The parliament would not grant to some man a dispensation for the retaining of two benefices, Therefore it will deny unto all men. Or thus: To him which hath sufficient already, they of the parliament would deny, Therefore the Archbishop ought also to deny. The first doth not follow, and the antecedent of the second is not necessarily true. Pag. 142 For the Abstractor himself hath delivered, that Dispensations are not to be granted for the necessity, or utility of the dispensed, but upon other urgent necessity, utility of the church, descent from ancient parentage, or for excellent qualities of the mind. All, diverse, or some one of which may happen to be found in him which hath sufficiency of maintenance already, by ecclesiastical preferments. Therefore the Mayor of his syllogism, speaking of the parliament or the Archbishops passing of a dispensation to a man which hath two benefices already, is a vain and childish supposal of a thing impossible, the law standing as it doth: for he which presently doth enjoy two benefices with cure of soul or parish churches (whereof only this treatise speaketh) can not effectually be dispensed with for such another. And besides the drift of his speeches, it may otherwise be certainly presumed, that he meaneth not in this discourse by Plurified men, such of his darlings as make no scruple of enjoying not only a duality but a Trialitie, or Totquot of prebends, or such like ecclesiastical promotions seldom or never coming thither to do any duty: yea, and that without any dispensation, for else it were no bargain. Yet this is in very truth the case, which such laws as he hath brought (so bitterly inveighing against pluralities) do for the most part speak of and mean, for that by law they are reputed benefices as well as the rest: yea, although it were but a Prest-monie or pension out of any ecclesiastical preferment, it ought not to be retained together with another, without a dispensation. So that, if he deal any more so strictly and unadvisedly, as to seek the taking away in general of all dispensations for more benefices, and thereby call into question or endanger some men's holding of more prebends, or other ecclesiastical promotions than one; he may happen have his proxy of speaking for them revoked, and be controlled hardly beside. The Minor also is but a lose and uncertain conjecture, what the parliament would do in such a case. For the Abstractor himself hath given sentence already what they may do by law, if any of the for 〈…〉 ●amed inducements be found in a man though otherwise sufficiently provided for. Yet further he hath not decided or touched any proof of this: if the Archbishop dispense where it is not likely the parliament would so do, whether thereby the dispensation shall be void? But the statute itself doth Ex superabundanti decide all these points, whereupon the Abstractor so much ploddeth purposely to make some dispensations void in some other respects: because he can not prove them to be simply against law, and also for to make the doings of ●he Archbishop odious, as though he did pass some faculties in other manner than law would warrant. For the act doth both set down that in cases accustomed to be sped at the See of Rome, and also in such as had not been so accustomed being first allowed by the prince or his council (yet always so that they were not contrary or repugnant to the word of God) the Archbishop might dispense: (for the which purpose also a book of taxes of all such manner of dispensations in accustomed cases was agreed upon, and rated out by authority thereof) and it doth beside for the for●●e and manner of proceeding in granting of them, endow the Archbishop and his successors with Full power & authority by themselves or by their sufficient and substantial commissary or deputy, by their discretions from time to time, to grant and dispose, by an instrument under the name and seal of the said Archbishop to any subject, &c: all manner licences, dispensations, etc. By a Gemin. in c. rela●●. 37. dist. Imol. & Fely. in c. 1. de constit. Ruinus cons. 18. li. 10. Bart. in l. alio ff. de aliment. & cib. soc. sen. cons. 170. li. 2. which words of Full power and authority, and by their discretions, they do stand free and exempted (as law doth teach) from the exact and limited observation of the order and course of law positive concerning the manner of proceeding: and do only rest bound, with the reason of the law of nature, that therein they proceed not to deal any way dishonestly. Which condition, even in such Full and ample authorities whatsoever, must be b L. 1. iunct. l. dotalem l. in fraudem. & l. si a milite. §. 1. & 2. ff. de milit. test. l. 3. §. procurator. ff. quod quisque juris. always understood and observed. Now a Full and free authority of c Bald. in tracta. statut. verb. arbitrium. disposition, is noted to be of four sorts in law. First, in the disposition of a man's own private goods, whereby he may choose that which hath less equity, and leave that which hath greater: l. fidei commissa §. quanquam ff. de legate. 3. juncta. l. creditor. §. Lucius' ff. mandati. secondly, when it is not grounded upon any ordinary law: l. ante litem ff. de procur. ibid. libera potestas. thirdly, when without any constraint or commandment of another, a matter is freely and willingly done: l. siquis maior. C. de transact. & ibi jason. And fourthly, that is called full and free authority, which needeth not to observe the solemnities of law: l. 1. ff. de Milit. testam. Whereby it appeareth, that albeit the Abstractor had proved sufficiently, not only the said four circumstances to be requisity by ordinary course of law, in granting dispensations for pluralities, but also to have been in such sort necessary, that the omission of any of them should have made void the faculty granted, and also had proved that in truth they were omitted, which he doth but vainly and beyond ground of law, barely surmise: yet would the act of parliament (we see by law) have delivered all dispensed persons from any such needless fear, and the Archbishop and his Commissary from all just blame. 19 Section. Pag. 156, 157, 158, 159, 160. IN this section the Abstractor toucheth these points especially, that a cause for dispensation must be alleged and also proved; that howsoever some causes may perhaps be proved, yet other some can not, that the cause being not proved, maketh the dispensation void, with a declaration of his own resolute opinion, & of some others, touching such dispensations. Concerning the first three, the answers before made, may suffice. The first of them he would prove by similitude of other matters: wherein a bare allegation without proof, is not sufficient. Which though it might well be spared, as being nothing doubtful, nor necessarily concludent to his purpose: yet I must tell him, that his quotations in the margin do not warrant that, which is in the discourse. For * Bartol. in l. 1. C. de probat. Bartol. in the place quoted, only saith: that the plaintiff is to prove his action, as the defendant is his exception. The place quoted out of the Authentikes Collat. §. teneantur; and the next Glos. & Doct. in proem. l. 6. are newfound directions; which I cannot for my part skill of: except by the latter of them, he should mean the preface upon the sixth where yet no such thing is found. That Of restitution of a church damnified, wanteth wholly proof; where he saith, The like is verified of him that is dispossessed of his goods in the time of his absence beyond the seas, and thereto quoteth, or meant to quote C. consultationibus Ext. de office delegati. He is to understand that no such thing to any like purpose is there verified, but that If a man pretended himself to have been ejected out of possession through wrong or force, by some that is then traveling abroad about study or such necessary occasion, that possession may not be awarded in this case unto him. Touching the next and second point, though the dispensations we handle, were such as ought to be granted according to the strict course of proceeding in law: yet one of the four causes (which is sufficient) being so easy to be proved (as he himself doth confess) we shall not need to expect a concurrence of them all, as he must either here have insinuated to be requisite, or else must yield, that he talketh impertinently to the matter. Yet both necessity and utility to have been looked unto in these dispensations, may be showed: (though not in the prerogative court amongst wills and administrations as he guesseth, nor yet as arising by Not teaching the people, as he calmunious●ie doth suggest.) But because it is more profitable for the people of two parishes, to have a learned man sometimes to instruct them, and he thereby to be well maintained: than that they should be committed to two several men, though abiding with them continually, yet not able to preach to any purpose unto them. And both the consecution hereof, and the thing itself, considering the number of congregations, and the rarity (in comparison of them all) of able preachers in England, is or may be notorious to the world. Yea, and they are forced to take the like course for want of able preachers in other reformed churches abroad, as in Holland, Zealand, and other places at this day, where I wis they have not all their ministers learned and able preachers: but sundry simple (though godly) artisans to serve in their meaner congregations. And if he tell us here, it were better in this case to have an union; though this cannot so be cast, that either the people may or will come together to one place, but that even then there must be chapels for easier resort in winter, and for the elder and weaker sort at all times, (which is all one in effect with Plurality, seeing the auditory receiveth partition:) yet it were more thanke-worthie in him, or in any other that could devise a plat, not only how all these and other difficulties, and the inconveniences of innovation may be met with in these unions: but also the means how it might be compassed, that patrons should willingly relinquish their inheritance herein, or join it according to this devise with others, Per alternas, ternas, aut quaternas vices: or how it may stand with reason, to break the founders and testators wills in this case, more than in the other. In his entrance into the third point, he cotrarieth his Contrariety. own saiengs as well afore, where he assured the commissioners they should find Many dispensations upon omission of some circumstances to be void, and thereupon their benefices void: as here where he saith: The most part of dispensations to be nothing in effect at all. For here he allegeth many laws, only to prove, that such faculties ought to be revoked and made void in law: and so confoundeth Void in law, and voidable only by law. But to this third point I answer; Insomuch the Archbishop hath by statute Full power and authority by his discretion to dispense, whereby sufficient cause is alway presumed, and he not tied to all these solemnities and circumstances, and for that, neither the places by the Abstractor afore alleged do make a dispensation simply void, where such circumstances be omitted, and because many things may be done in other form and manner than law prescribeth, which are not in that respect void and ad●●hilate, (as hath been showed in the first treatise:) and lastly, because the allegation of these omissions is a matter in fact, and by himself but surmised without proof: that although all his allegations of law here, were directly to his purpose, that yet these dispensations are neither void nor voidable. But in the fourth and last place he presseth us with authority of The Lords servants, who speak against them, preach against them, and write against them. Indeed a man may be the Lords servant, and so do: though thereby it doth not follow, that either they do well and advisedly therein; or that they perfectly understand the matter, and the exigence of the cause, or that therefore the thing is impious and wicked. I have known as great & greater exclamation used against mere indifferent things, (now by them confessed so to be) as though they had been either simply impious, or so foully abused that they could not have any tolerable use, even by as godly and learned men as these are, which now he speaketh of. But it is the abuse of some few careless men, and not of the matter itself which giveth occasion of that offence which is taken: and it were unreasonable, because caterpillars some year have bred in your orchards, in that respect to hue down all your trees. The philosopher saith: Whatsoever hath his use, may be abused, saving virtue. And so, whatsoever may be abused, being not simply vicious and wicked, may be well used. And it is not the continual abode amongst their parishioners (which none of them all do) nor the often, but the sound, orderly, and pithy preaching upon necessary points, that dischargeth the duty of the pastor, who may be in truth as bad as Non resident, though he were continually nailed to the pulpit, as Luther once pleasantly spoke of Pomeran. And those which by following this theme, do shoot at nothing else, but to tie up a good and learned divine, to a petit and mean salary by year: let them be assured, that desolation of the exact study of divinity, and other good learning, whereby only the papist, and other heretics are suppressed, and barbarism is kept out, will follow after a beggarly and contemptuous clergy, when as by their living they shall be scarce able to find themselves and their families: and therefore much less be able to furnish themselves with such books as are requisite to attain unto any exactness or maturity in learning. The lamentable experience of which decay of learning, by the smallness of church livings, some notable churches and commonweals of the other side do already partly feel, but the wiser sort of them do more fear to smart for, hereafter. And therefore, where the Abstractor assumeth, that the cause and reason whereupon such dispensations were used, doth cease, and would thereby gather that the effect should cease: I say, that when he or any other shall have proved, that not only some one cause thereof, but all the causes; and not * Arg. l. 1. §. sextan ff. de postulando. only the impulsive, but also the final causes of it are ceased: then (as law willeth) I must grant the act in that point to be laid on sleep, and not to be put in ure, till some of the same causes shall happen again. But besides his own assurances, which are sure and good enough, for any such as will trust him upon so sufficient security: he enforceth this matter by the words Of a lawyer (he saith) of singular judgement. Whereas now for any thing we know of him at his hands he may be who he will: peradventure the famous Grangousier, grandfather to prince Pantagruel, or some such great renowned clerk as he was said to be, which first in this world devised to play at dice with a pair of spectacles on his nose. But it may be that one cause hereof was, because he would not seem to have taken so much of Rebuff. by way of loan and upon credit, which yet is no blemish for such deep lawyers as he and I are: and another, because he hath falsified Falsification. his author (I know not in whose favour) by translating, quid debet ecclesia Dei plurium nobilium vanitati, ut patrimonio jesu Christi dilectissimi sponsi sui, &c: alat accipitres, educat canes, &c: thus; What? Shall the church of God, the best beloved spouse of jesus Christ, &c: feed hawks? bring up dogs? etc. Whereas in truth it is: What doth the church of God own unto the vanity of many noble men, that with the patrimony of jesus Christ, &c: it should feed hawks, bring up dogs, etc. But the great learned lawyer himself, whom he indeed meaneth, even Bernardus Diazius, and whom * Rebuff. de dispens. ad plur. bene. 〈◊〉. 60. Rebuff. termeth a reverend father, doth in the next words following declare, that he directed this invective Against husbandmen's sons more unlearned than their parents, which Illicitis modis plura occupant beneficia, by unlawful means do occupy many benefices: and also against such, which being never so cunning, or how learned soever, Doctrina sua nunquam Catholicae ecclesiae profuerunt, nec prodesse curant: yet did never by their learning profit the catholic church, nor ever care to do good in it. The peremptory judgement of Rebuff. which he afterward allegeth, * Ibidem nu● 84. fol. 249. but wrong quoted, is somewhat too sparingly by him translated in that word, Si perperàm concessa sit: if it be granted unorderly: whereas it should be, If it be naughtily granted. And it is grounded upon a false principle of popery, that he which breaketh even the positive ●●w of the pope * Rebuff. de dispensat. ad plura benefic. 〈◊〉. 22. (such as the prohibition of plurality is,) doth (as they term it) sin mortally, even directly and immediately against conscience, which is no small part of his Antichristianisme, whereby he sought to sit in the consciences of men. Yet thus much may be gathered of this saying, that where it is orderly granted as law prescribeth, there it carrieth not in his judgement any danger with it unto either party, the condition of it thereby ceasing. 20. Section. Pag. 161, 162, 163. BUt now having so substantiaslie (as you have heard) overthrown all dispensations, he was belike afraid he should be justly called Coràm for enforcing so violently a diminution of her majesties revenues, arising by the taxes of them. To salve up which sore, he letteth all other faculties alone; wherein her Highness must (at his request) sit down by the loss: and for three of them, that is, Dispensations for simony, non residence, and mani● benefices, he doth assure her Majesty upon the credit of his arythmetike and auditorship, that They are indeed a great diminishing of her revenues. But albeit he lay out all three in his conclusion to be proved, yet he doth not in his proofs once name the faculty of non residence, which by no shadow can prejudice her majesties coffers. And when he should descend to the casting forth of his proportions, and extraction of the root, by the rule of Coss. and Algebra: he misseth the principal matter (even his taxes) to work upon, and leaveth in his Book a blank or a glass window, for any such to glaze up, as come and will do him that favour, so that, Cùm desint vires, tamen est laudanda voluntas. The man was willing to have done somewhat, if he could but have told what to have said. That the faculty for Simony committed, is a diminution to her majesties revenues he proveth (supposing first the tax thereof to her Majesty to be in shillings, whereas it is indeed in pounds:) because if the party dispensed with for simony were deprived for it, than her Highness should reap more benefit a great deal, by the first fruits of the next incumbent than the tax mounteth unto. But how is the Abstractor here become so strict laced, as to call for their depriving, whose fault (in way of gratification of simonical patrons) he almost wholly excused in the former treatise? The truth is, this kind of dispensation is very seldom used, because most of those which are guilty of that fault do deal so closely, and are so justly doubtful of obtaining it upon petition, that they hold it better (without opening of themselves) to sit still quietly. Whereby it can not easily be put in practice, but where some not knowing the rigour of the canon herein (which condemneth for simony even entreaty and meanes-making, and that recompense also which is but conceived in heart, perhaps only in way of thankfulness after, so the same may upon necessary circumstances be gathered) and therefore of simplicity without corrupt meaning falling into it, and fearing the malice of those, which stand hardly affected to them, are forced for their further safeguard, to procure this faculty. It may have a good and a commendable use beside, where an old man meaning to resign, treateth in simplicity with him which is to succeed for a pension according to law, without the Ordinaries privity: or where two beneficed persons in good and plain meaning, without allowance of the cause by the Ordinary, do deal about a change of their benefices: or where a man is circumvented by suborned witnesses, and deprived for it without remedy of appellation, and the ill dealing is detected afterward. In which & in like cases it is meet that they should be restored to their ministery and living, if they be otherwise unspotted, and be profitable to the church. And I verily do persuade myself, that her Majesty would be loath in such cases to have them deprived, that the might have the first-fruits of their benefices, as the Abstractor dishonourably would ins●●uat. Yea, and those also are directly within compass of that simony, which we call Mentalis, of mind only: which see well enough what is meant by their patrons, but willingly do wink, and so enthrall themselves (by large bonds to their patrons upon warning prefixed to resign) either to grant a lease for a little to pay, or to pack. Whom assuredly I do so little pity, that I think them as unworthy to obtain a dispensation, for dallieng with the law and their own conscience, as those other merchants which bluntly go to work, agree with their patron, pitch and pay. That dispensations for many benefices (which is the last of the three) is a decrease of her majesties revenues, he would prove thus: because they being hereby in a few men's hands, do not fall void so often as they would do, if every several man had a several benefice, and thereby her highness first-fruits are not so often paid over as they might be. For the discussing of which weighty point, let us imagine that a hundred men have two hundred benefices, and on the other side, that two hundred men have two hundred benefices. Now, can any man give a reason, why it is not as likely, that ten men of the one hundred shall die in one year, as twenty of the two hundred, seeing it is the same proportion? Then (I pray you) what difference or alteration to her highness treasure is it, whether twenty benefices fall void by the death of ten men, or the same number become void, by the death of twenty several persons in one year? So that, if hereby there arise no diminution, and the tax for the dispensation be an increase of the revenues, then shall the Abstractors argument Ab utili, be found to be scarce to his own honesty and credit. And if the time of expectance of the avoidance of his benefices which hath two, did work any diversity betwixt the two cases: yet were this delay of time sufficiently recompensed unto her Majesty by the tax of dispensation paid to her coffers. Yea, if those which have more benefices, do fat up and grease themselves (as he afore objecteth:) her Majesty shall be in great likelihood to have first-fruits paid over for both their benefices, much sooner than for him that liveth upon one, more ●rugallie and sparingly: yea, and further these times are so quarrelsome, that by one quirk or other of circumstance about them and their dispensations which have two benefices, more avoidances a great deal do happen; than in such several benefices, which are and have been enjoyed for the most part by several men, as daily experience teacheth, Now, for the better removing of a scruple, which happily might be objected by some unskilful man against all dispensations privileges, indulgences, exemptions, pardons, and immunities, whose effects are either To benefit, to exempt, to help, or to release: I hope it will not seem impertinent to speak something. For it may be alleged, that the office and nature of a law is generally and in common to ordain, concerning the guiding of the affairs of men, as Aristotle teacheth in his politics. And the law a L. 5. ff. de legibus. saith that Laws are to be applied rather to those matters which happen easily & often, than to those which chance but seldom. And b L. 1. ibid. again, A law is a common commandment: where upon it seemeth, that the old lawgivers among the Romans, as holding it unequal to set down laws, which were not to reach indifferently unto all in general, did c 12. Tabule. decree thus: Privilegia ne irroganto, let no privileges be granted. In which respect a d L. 16. ff. de legibus. privilege is described, That it is a singular right or law, which for some utility, by authority of the lawmakers, established against the tenor of reason. Whereby it might seem, that all immunities are unlawful. But it is to be answered hereunto, that the natural justice and reason, whereby man's mind is directed unto civil societies, doth not alonelie rest in the generality of laws, but advisedly weieth by the circumstances, whether right to all men be well distributed in them, whereupon the Grecians called the law vou●, as it were a distribution. So that if any person upon something especially considerable, be not well and justly provided for, under the common and general precept of law: then he is to be respected ●● a private and special law, whereupon the name of ●●●●●lege floweth, Quasi priva, id est, privata lex, as 〈◊〉 Romans used to speak. For not only they, but all other nations, as they afterwards grew more prudent day by day, through long experience and use of things, did well perceive that no law generally written, without all moderation by circumstances occurrent, could possibly but deliver, in steed of right, oftentimes plain injury and tyranny: according to that common proverb; Omne ius habet annexam gratiam: Every law hath or aught to have grace and savour annexed: an * L. respiciendum ff. de poenis. example also whereof is reported in law; and therefore sumum ius est summa iniuria: Exact and precise law is great injury, being once disjoined from equity. And therefore those words Against the tenor of reason, are not to be understood as though a privilege were against natural equity: but because it is an abridgement or exception of the general principles and rules of law which are grounded upon reason. Neither yet so, as though it did clearly contrary and impugn the reason of the common and general law, which it only doth in some appearance: but being considered upon other good grounds, it is for the most part very agreeable to reason, right and equity, which may be made plain by this one example. It is of common right and equity, For every * L. 1. ff. de pactis. instit; de fideiuss, in princ. man to keep touch, to perform promise, and to satisfy the credit given him either in his own, or in an others behalf. Yet, if we should comprehend children under age in the generality of this rule, who be subject by reason of their tender years, and slender discretion, to be circumvented and manifoldly overreached, it were a very unjust and unequal law. And therefore seeing there is such inequality betwixt them and men of riper years, the same rule cannot without iniusties alike pertain unto them both: so that it is meet by some exemption and special privilege, that their tender years should be considered and provided for. To conclude, neither are all privileges and dispensations against reason or right, neither hath the Abstractor sufficiently proved any of these particulars of this treatise which here he doth recapitulate and rehearse, but much less hath he proved his principal issue, that Dispensations for many benefices are unlawful. Which at the closing up of all (for very shame) he was forced a little to change, by pretending to have spoken all this while of Two or more benefices, and not of Many, as the very title which he hath prefixed to his treatise, and his whole discourse thereupon, doth plainly import. FABIUS. Foelices essent arts, si de illis soli artifices iudicarent. FINIS. Quorundam vocabulorum & semiclausularum recognitio. Pag. Lin. Recognitio. 6 16 Of 9 31 legatine 45 1 mustered 64 13 ever 64 30 whence 57 36 from other churches 58 24 sound 69 22 where 71 21 her 73 17 holdeth not when 76 25 yet with this 82 17 seeketh 105 7 deposition 105 23 legatine 110 4 end 111 22 Bishop 117 9 altercation 117 11 matter 121 7 tossing 127 15 deconship 136 16 generally it is 161 29 for him not to 191 3 or 193 24 utility 196 34 Apostatare 227 19 deodans 228 13 as being 257 13 above 295 19 no man taketh this honour 318 31 the dust of the feet of their signory Addatur 3. line● termino in pag. 227. istud subsequens: Ergo without a dispensation it is not lawful to enjoy more benefices.