A TRUE, MODEST, AND JUST DEFENCE OF THE PETITION FOR REFORMATION, EXHIBITED TO THE KING'S MOST EXCELLENT MAJESTY. CONTAINING AN Answer to the Confutation published under the names of some of the University of OXFORD. Together with a full declaration out of the Scriptures, and practise of the Primitive Church, of the several points of the said Petition. 2. COR. 13. 8. We can do nothing against the truth, but for the truth. Hierom. dial. advers. Pelag. Veritas laborare potest, vinci non potest. The truth may be contradicted, but it cannot be conquered. Imprinted 1618. TO THE CHRISTIAN READER. IF ever Impar congressus (gentle Reader) were between Combatters, just cause of exceptive complaint; then certainly it is between the Saints and Antichrist, (in respect of outward worldly helps) and that as well in the lesser skirmishes, as in the greater battles. For in both, the Saints do enter the lists, and hold out the conflict upon very many no small disadvantages: as may most easily appear to any that with indifferent judgement, shall (to omit all others) weigh but even these particulars ensuing. 1 Our adversaries that strive for the defence of the Romish trash, which the Devil and that Man of Sin hath left yet among us, have the countenance of worldly authority; whereas it fareth with us, as with the main of the Gospel in the days of our Lord himself, joh. 7. 48. Have any of the Rulers believed on him? 2 Their cause being received by tradition from our Forefathers that lived in blindness, hath the applause generally of all natural men; Ours, because it is so hardly discerned, is scarcely received by the children of Wisdom, and is every where spoken against, Act. 28. 22. 3 They abound in outward wealth: We poor. 4 They have great store of witty and learned men to defend their cause, we are in number few, and of those few very many timorous and fearful of ensuing dangers. 5 The Authors of their plead richly rewarded with some Bishopric, deanery, or other fat Benefice: We deprived and cast out of our live, and livelihoods, if we be discovered; yea clapped up into prison, if the Prelates lay hold on us. 6 They men of glorious state and pomp in the world: we are esteemed as were the Apostles, 1. Corinth. 4. 13. Even the offscouring of all things. 7 They have leisure enough to invent and publish what they think meet to say for their defence; We must first labour for food and raiment for ourselves and ours, and then take some stolen hours now and then to do what we do this way. 8 To them the Presses are always open and free: But to us they are more than shut. For it is not safe for us once so much as to suffer the Printers to know that we have any such Copy to be printed. 9 The Stationers at home are ready to give them large moneys for their copies, and so undertake the printing and publsihing thereof: We must, at our great charge and hazard, hire the printing of ours in some other Land. 10 Open sale in every Booksellers shop is free for them: Ours, if they be taken by the Bishops, are burnt, or otherwise utterly suppressed. 11. They have sundry loathsome prisons at their command, whereinto they shut us up, even until we die sometimes, when by arguments they are not able to confute us: We have only bodies so to be afflicted by them, and sure arguments unanswered. 12 They are in their own causes both parties and judges: and we, without help by any appeal to any other than the Lord jesus, must at their pleasures abide their censures. 13 Their threadbare Allegations of man's writings is accounted deep and ancient learning, but our avouching the most clear evidence of the written word of the Ancient of days, is reckoned ignorant novelty. 14 We challenge them to try it out in the open field by dint of the sword of the Spirit; witness the Modest offer of Conference, the Humble Motion, etc. and yet are blamed; they are praised, though they utterly refuse this way of trial, and war against us only with carnal weapons, as Suspensions, Deprivations, Imprisonments, etc. 15 Threatened dangers make men afraid to read our books, though never so secretly conveyed unto them: Theirs all may most freely read openly, and that with thanks and commendations. Now by reason of these, and sundry such like disadvantaging hindrances, this ensuing Treatise hath lain hid (as many other the like still do, never like to see the light for want of means of publishing them) about 14. years. For in the year of our Lord 1608. certain Oxford men, having gotten into their hands a Copy of a dutfull and pious supplication prepared to be exhibited to his Majesty for Reformation of certain corruptions crept into our Churches, or rather left in them by Antichrist at his extrusion, forthwith published the same in print, together with an answer thereto (such as it is) defending and maintaining all or most of the said corruptions so intended to be petitioned against, and that in the name of the Vicechancellor, the Doctors, both the Proctors, and other the Heads of houses in the University of Oxford, avouching it to be agreeable undoubtedly to the joint and uniform opinion of all the Deans and chapters, and all other the learned and obedient Clergy in the Church of England, and to be confirmed by the express consent of the University of Cambridge, although many of them both Doctors, and Heads of Houses in either University, and members of chapters otherwhere in the Land, and also many more of the obedient Clergy were openly known to be of contrary judgement unto them in the particulars mentioned in the Petition, and by these men defended, and most of the residue never saw, nor once heard of the answer, until it was published in print. Such was their boldness. Not long after, some of the chiefest Ministers, that were interessed in the same Petition, penned this discourse following in defence of the said Petition, and reply to the above mentioned Answer, which hath been obscured from that time till now, partly for the reasons above rehearsed, and partly because such is the woeful coldness of these backsliding days, that even those which seemed heretofore most forward for Church-reformation, are so declined, that they like not so much as to hear of that, that may in any sort once seem to threaten the least hindrance of their worldly profit, or disquiet to their carnal peace, be it never so healthful to their souls. Insomuch that they are so far from being aiding and assisting to Christ, in this his cause, either by labour or cost, that when books are printed in defence thereof for their information and instruction, they either neglect to buy the same, or having bought them, cast them aside into some hole or corner, never vouchsafing to peruse them: yet Wisdom is justified of her children, and some enter the gate of life be it never so strait; and walk in the Lord's way, be it never so narrow. If any object, that these are no matters of salvation, but of less moment, and therefore not to be so much stood upon; Let him hear for answer, That no man can have sound assurance of being exempt from confusion, that hath not respect to all God's commandments to the best he is able, as well lesser as greater. Psal. 119. 6. neither may any hope for plenary redemption by Christ's Priesthood, that is not willing to yield plenary obedience to his prophesy, and kingdom: seeing he only is with God accounted truly gracious, that giveth himself both to learn all that God teacheth concerning him in his place, and to practise whatsoever God so causeth him to know. Affected ignorance refusing necessary knowledge, and wilful rebellion against the light received, being alike detestable before the Lord. Now that the knowledge of these points is very needful for all sorts of Christians, whether of higher or lower degree, and of what Calling soever, may most evidently appear by these reasons, to omit sundry other. First because many of them are matters of daily practice, even of all sorts and ranks of persons amongst us, and will any say that it is, or can be safe for a man in the special service and worship of God, to do either he careth not, or knoweth not what? Secondly, for that they mainly tend to the honour or dishonour of that Lord whom we all profess to serve, and shall his glory be so lightly regarded by us? Thirdly, they make directly either to the beautifying or deforming of the visible Church, which is the body of our Lord jesus Christ, whereof we are members, every one for his part. And can any godly mind be careless hereof? Fourthly, they do plainly serve either to the edification or destruction of themselves, and many other of their dear brethren, for whom Christ died, chief by their mystical signification: who then can judge them to be of small moment? Fifthly, many of the lively members of Christ suffer for them unto imprisonment, besides many other miseries, yea even unto a languishing death: And will any good Christian fall under the fearful doom, Mat. 25. 41. 43. for not visiting & helping Christ persecuted in his members? Or shall we endanger ourselves to that dreadful curse, judg. 5. 28. for neglecting to help the Lord against the mighty? God forbidden. Or shall any persuade us in those things to go on careless or blindfold without discerning whether we please or displease God in our doings? Far be it from us; for that which is not of knowledge, can not be of faith. Rom. 10. 17. and whatsoever is not of faith cannot be pleasing to God. Heb. 11. 6. but is sin, Rom. 14. 23. and the wages of sin is death. Rom. 6. 23. I trow no gracious heart will esteem any sin light, or the wages thereof trivial. Wherefore in the fear of God let all men beware how they do so slightly esteem these matters so frequent in practice, near to God's special presence, for which his Glory, Churches and Children suffer so many, and so great evils. Indeed they are not to be ranked with things of the greatest moment; but yet seeing it is apparent, that no man among us (especially as things now stand) can without manifold sins neglect them: therefore forasmuch as besides sundry other treatises handling the same matters, this offereth itself to thy view, be not unwilling duly to consider what is said on both sides, and the Lord give thee understanding to discern truth from falsehood, and good from evil, that thou mayest reject and eschew the one, and embrace and follow the other. On the one side thou mayest presume as much is said as probably can be, seeing it is the fruit of so many learned Doctor's labours, as the title boasteth of: yet if the other have not more sincerity, and soundness of truth and reason, I desire not it should find any favour in thy sight: but if yea, then do as God shall move thine heart, and even so I commend it to thy diligent reading, and advised and godly judgement, and thee to the guidance of the most high. Moreover, whereas of late there is published a certain Scholastical (I had almost said Sophistical) Tract, mostly of the same subject, by one M. Sprint, a Glocestershire Minister, entitled, Cassander Anglicanus, tending in a sort to the patronizing of these Popish ceremonies here treated of, which may occasion the stumbling of some weak ones: although I hear that by God's mercy, it is fully resolved upon some time since, that the said Tract shall be at large answered and confuted. Yet for the stay of the feebler sort in the mean time, that are less able to discern how he himself is therein deceived, and deceiveth others, I offer to consideration: First, a few things observable in the Tract itself; and secondly, certain Tables written heretofore by the same Author, touching the same subject, and by him entitled, The Anatomy of the Ceremonies, etc. and Bellum Ceremoniale. The Tables I have annexed hereto, desiring thee, that if thou have his foresaid. Tract by thee, thou wilt be pleased to compare them together; and then with indifferent judgement give sentence, whether is more agreeable to the truth, this or the other. Deny them to be his own in any part, as I am assured he cannot; so, I hope he will not once be willing to do, chief seeing there are so many living witnesses thereof: And that they are more suitable to the sincerity of the Gospel, and the integrity of a good Christians conscience, I nothing doubt, but that all men equally affected, upon due survey of both, will most easily and freely grant. Of what validity or worth than this his later work is, I leave to the understanding Reader to judge, doubtless that his Anatomy and Bellum Ceremoniale, can never be reconciled to this his Cassander Anglicanus, but doth most clearly contradict and confute the same, evincing it to be utterly erroneous, and unsound. And concerning the Tract itself, I observe diverse things worthy to be remarked: First, it hath met with some jesuit-like Index expurgatorius: For, falling into the hands of the Prelates (or at least of some of their Chaplains) not to speak of other Purgations, it is in one place purged of this whole Paragraphe following, scil: It scandalizeth and offendeth the Bishops, making them guilty of many sins, in depriving so many and so worthy Ministers for trifling ceremonies: which hindering and forbidding to preach, is by the H. Ghost reproved and plagued. Amos. 2. 12. & 8. 12. Act. 17. & 4. 18. & 5. 28. 1. Thess. 2. 16. As for example. First, to put by God's substantial & necessary worships by him commanded for trifling and indifferent ceremonies of human invention. Secondly, to rob the people of the appointed food of their souls, and ordinary means of their faith, Rom. 10. 17. Regeneration. 1. Cor. 4. 16. and salvation, 1. Cor. 1. 21, matters of so great importance for trifles of so small consequence; yea for these things to take away many a true Sheppard, and to commit or leave the flock unto many a Wolf and blind guide, which will either make havoc of them, or lead them into the ditch of destruction. Thirdly, to leave the Papists cause wholly, 1. by retaining their ceremonies, 2. suppressing our best Ministers, 3. by withdrawing or mis-spending the gifts of themselves and others to mutual brawls, and so to give them rest to mischief the Church, and increase their Synagogue, 4. by opening their mouth to blaspheme the Gospel by these our mutual brabbles. Fourthly, to drive many hereby on the rock of Schism, and lamentable Separation: the plentiful experience whereof hath bred much grief in the hearts of the well affected. Fifthly, to undo so many Ministers and their families, of very good desert, of the means of their maintenance, to their utter undoing, being so fitted for the ministery, and unfit for any thing else. Sixthly, to cause the Sabbath, a moral precept of God, to be profaned for ceremonies of men's addition and that in so many places of the Nation. Seventhly, to punish the people for the fault of their Pastor (if any be:) For it is the Minister that conformeth not, but by his silencing the people are plagued, Pro. 29. 18. Hosea. 4. 6. This is injustice to punish one man for the offence of another. Eightly, to do a thing clean contrary to that themselves pray for, at lest which Christ commands to pray for. For Christ commands his to pray to the LORD of the harvest, that he would thrust forth labourers into his harvest; which when he hath done, they thrust them out. Math. 9 38. Ninthly, it utterly undoth the Minister (a painful labourer of jesus Christ) as also his wife and children, and disableth them to live, which by God's appointment should be maintained, 1. Cor. 9 14. yea well maintainded, 1. Tim. 5. 17. This is opposite to the law of love & justice. Whereby it doth manifestly appear, that the Author is very grossly abused, because his whole mind is not published, but so much only as best serveth the Prelate's turn, a trick not unusual with them for their advantage. Witness amongst others the English translation of Bucanus his Common places. Whereout the Authors discourse touching Discipline (translated by Doctor Hill, yea imprinted) is taken, and a discourse of Bishop's government put into the room thereof; both without Doctor hills knowledge. Nay, hath not this Index expurgatorius tampered with the holy Scriptures themselves? Observe for the present but two places, Act. 14. 23. is thus translated, not only in the Geneva, but also in the former Church translation, And when they had ordained them Elders by election. But the new translation with the Rhemists, leaveth out these words, by election. Why? It is not to be suffered, that the people should have any hand in choosing their ministers, but papal Bishops must do all, 1. Cor. 12. 28. is translated both by the Geneva, and former Church translation, Helpers, Governors; but the new translators herein worse than the Rhemists, translate it Helps in governments, foisting into the Text this preposition [in.] Why? They cannot abide Elders to assist the minister in governing Christ his Church. So that Curchwardens are but the Prelates promoters. But we must pass by this as their natural weakness, seeing it is sucked in with the milk of their mother, scil. the Church of Rome, from whom they have received their callings, & also these corruptions thus by them pleaded for, together with this unscholler like, nay dishonest means of upholding the same. 2 The terms of the main conclusion of the whole Tractate are to be considesidered. scil. It is necessary for a Minister to conform to the ceremonies prescribed in the Church of England, rather than to suffer deprivation. Where it is to be noted, 1. that he speaketh not one word in defence of the subscription required, and yet most, if not all these that are debarred from the execution of the work of the Ministry in our Churches, whether they have been heretofore silenced, or not, are debarred principally for refusal of the said subscription. To very little purpose therefore are his four inferences laid down in the third page of his book; nay in truth to very little purpose were his whole book, were he able to justify all he hath written, which all wise men may easily perceive that he is never able to perform. 2. That he speaketh so saintly for those ceremonies, that not daring to say, the required conformity is necessary, either in itself, or in respect of the Magistrates command, he saith only this, That it is necessaty rather than to suffer deprivation. So that as in the Paragraph gelded by the Prelates, it is evident, that extra casum deprivationis, a Minister is not to be blamed for not conforming to them in this Author's judgement; nay that the Prelates are rather utterly to be blamed for requiring Conformity thereto. 3 Every of those three arguments, whereby he endeavoureth to prove this conclusion, falleth as much too short of proving the conclusion, as the conclusion itself doth of condemning the silenced Ministers of sin for not conforming rather then to suffer deprivation, which are not deprived for not conforming, but for not subscribing, which he himself amongst his religious friends hath often both of old, and also of late professed, he neither would nor could yield to do for any man's pleasure under heaven, what loss or punishment soever he suffered therefore. The first Argument drawn from the doctrine and practice of the Apostles, who taught that the jewish Ceremonies were beggarly rudiments, Traditions, Will-worships, Doctrines of Men, etc. and yet did practise the same; besides many other just exceptions, is guilty of the fallacy, à bene divisis ad male coniuncta, seeing it is altogether as false, that the Apostle did so teach, and yet so practise in the same Churches, as it is true that they did so teach, and yet so practise at all. For among the jews, and in their Churches only did they so practise, to whom those Mosaical Ceremonies were even lately before the saving ordinances of God given by God himself, for their edification & training up in religion to eternal life. And the Author hath utterly failed to prove that the Apostles did so teach as is abovesaid, in any of those Churches, but only in the Gentile Churches, to whom they were never given by God to any such end, nor indeed at all, and there the Apostle Paul would not by any means suffer the use and practise of those Ceremonies to be brought in, no not for the space of an hour, Galath. 2. 5. but rather sharply reproved Peter and Barnabas openly and to the face, for giving way thereunto, Gal. 2. 14. jest by building again the things he had destroyed, he should make himself a transgresser, Gal. 2. 18. And hereto agree the rest, Acts 21. 25. And if he would not give way, no not for an hour, that the Mosaical Ceremonies should be used in the Gentile Churches, although they had lately been unto the jews (of whom came salvation, joh. 4. 22.) the heavenly Ordinances of GOD, given them for their building up in grace, how much less would he have suffered our rotten and accursed ceremonies to have been brought in, that never had better birth, then from Hell by the Devil, and Antichrist, for the defacing of God's glory, and destruction of his people. Wherefore the doctrine and practice of the Apostles is most fully and flatly against him in this point, and his fallacious argument worse than sie upon it. Yet further, If those ceremonies did turn the Gentile Churches from the truth, as he saith, quoting for proof, Tit. 1. 14. which once having in them the breath of life, led the jews to the truth, even to Christ, Gal. 3. 24. Whither do ours, that never had better breath in them, than the poison of destruction, turn, yea drive and thrust men. As for the Apostles enjoining the Gentiles to abstain from blood & strangled, himself doth give sufficient answer to it. Where, by distinguishing, he showeth, that ours are not of the like kind, seeing the practice of the one stands in matter of abstinence, and of the other in matter of action, and so do differ toto coelo. Finally, it is needful for this man, in mine opinion, to repent himself of his accusing the Apostles of the Lord, yea the Holy Ghost itself, to teach one thing and practise the contrary. Which can be no less (the holy Ghost itself being judge) then to build by doctrine, and destroy by practise the same things, and so to be guilty of transgression, Gal. 2. 18. And his second argument is no better than the first, being plainly guilty of the fallacy which Scholars call ignoratio elenchi: for the argument lieth, as if the duties therein mentioned, were both affirmative: which is utterly false. For we profess ourselves restrained by the negative part of the 2d Commandment. Now let him, if he can, show where any negative part of the first Table is to give place to any affirmative of either first or second, and then I will confess, that he hath spoken more than is to be found in all his impertinent and confused rumble about this point, and also, that he hath annihilated that old distinction of Schoolmen, scil. of Commandments binding semper, or ad semper, neither will it suffice to tell us of Sacrifices of the old Testament, which fell under the second commandment, not immediately, but mediately, scil. mediant praecepto ceremoniali, so that in this, as in the former, there are very many words, and much labour bestowed altogether beside the point in question, and the whole argumentation is utterly deceitful. Moreover, the one of the duties here by him compared, scil. the bearing witness against the Ceremonies, is but one consequent among many, flowing from our obedience to the second commandment in refusing the said conformity. Now what good dealing is this, first to change the nature of the precept, whereto we perform obedience in refusing the said conformity from negative to affirmative, and then to put one consequent of many flowing from this obedience, for the whole obedience itself? If this be not deceitful dealing, what is, or can be. Lastly, if this Argument of his Bee so firm and good against us, as he would have his Reader believe, than I desire him in his next, to teach me how to free Shadrach, Meshach, and Abednego mentioned Dan. 3. from being worthy of blame. For if their case should fall under such Legier-demaine as this of his, a man might call their refusing to fall down before the golden image, nothing more but a bearing witness against the image, and say, that they being great Magistrates, did prefer the bearing witness against the image a less duty, before the duties of the Magistracy, and of preserving their own lives, which by this man's reckoning, should be greater duties, and so be guilty of sin in so doing. For that the loss of the lives, and deprivation of so great places in the Magistracy of three so gracious and eminent persons as these, is of greater moment and consequence, than the deprivation of any three of us from our Ministry, none can reasonably deny. The like may be said of very many of the Martyrs of Christ, both former and later: but a taste is as much as I intent, this therefore shall suffice. Neither is his third and last argument any thing. less ill, but rather worse, if worse may be, then either of the former. For it is liable to both the parts of the Orthodox Protestant's answer to the Papists argument of universality, and more than so: For first, to patch up his forged universality, he fosteth in a multitude of corrupt Fathers, & brown-paper fellows, being Lutherans, or worse, which approving almost all the superstitious ceremonies of Papistry, are in this case no competent judges, nor allowable witnesses. Secondly, he cannot be ignorant, that all Orthodox Protestants do answer the Papists thus: That an argument from human authority in such a case, is very insufficient. And lastly, he well knoweth, that all incompetent judges or witnesses set a part, he hath been offered to his face an Oliver for a Rowland readily to be given him, and more than so (that is) more witnesses of the truly Orthodox to be against him, than he can find to be with him, so that neither is this consent so universal, as he boasteth of, nor if it were, is it any thing worth in this case, and so both antecedent and consequence are both nought. Also what a multitude of Papal, nay worse than Papal rites both his ancienter and later witnesses maintain, himself in this his Tractate being judge; I leave to the judicious Reader to consider: for they are so many and so beastly, that I will never once defile my pen with relating them. Only this question I will propound to the Author, desiring him as in God's presence to answer me. scil. Whether the residue of the Papists ceremonies may not be maintained by this argument as well as these of ours? And if yea; then why he doth not as well blame all Orthodox Protestants for rejecting the one, as for refusing the other? yea, why he doth not also persuade all Calvinists, in matter of Ceremony, to Conform to Rome. There are very many other weighty, & just exceptions to be taken to the said arguments & the Prossyllogismes brought for the proof thereof, but my purpose, at this time, & in this place, is only to touch them, & therefore not willing to hold thee any longer from the body of this treatise, I take my leave, beseeching thee to take the pains advisedly to peruse it, and God to make thee rightly to understand, & wisely to judge of it, & also to give thee grace to love the known truth and to walk in the same, according to all thy might; For many are therefore given up to believe lies, through strange delusions, because they received not the love of the truth that they might be saved, 2. Thes. 2. 10. 11. Now the very God of peace sanctify thee throughout in thy person & in all thy ways & works, and I pray God that thy whole spirit, & soul, and body may be kept blameless unto the coming of our Lord jesus Christ, even so Amen. TO THE MOST CHRISTIAN and excellent Prince, our gracious and Dread Sovereign JAMES by the grace of God, King of England, Scotland, France and Ireland, etc. We the Ministers and Preachers of the Church of England, that desire Reformation, wish a long prosperous and happy reign over us in this life, and in the next everlasting salvation. MOst gracious and dread Sovereign) we little thought when first our humble Perition was exhibited to your excellent Majesty, (it being both for the matter honest, and for the manner peaceable) should have found so hard entertainment abroad, as that this action of ours so Answ. to the Petit. Epist. Ded. p. 4. l. 21. secretly, orderly, and lawfully enterprised, should be by public writing traduced, as unduly, and dishonestly attempted. Our meaning was only to intimate to your Majesty the state of our Church, not to lay open the nakedness of our Mother to the scandal of the enemy, nor to appeal to inferior judges, to the prejudice of your Majesty, to whom the cognizance of this cause, and deciding of this strife of right appertaineth. We trust therefore that as Abraham composed the variance between Genes. 13. Exod: 2. his, and Lots servants, Moses between the Hebrews, Constantine among the Church Ministers so it will please your Majesty to be a judge between us, and to give us leave to defend & justify our innocent cause. As for us we say with the Apostles: We cannot but speak the things, which we have seen and heard: and approve that saying Act: 4. 20. of Hierome: Minoris peccati est sequi malum, quod bonum putaris, quam non audere defendere quod pro bono Dialog. 1. advers. Pelagian. certo noveris. Now then most noble King, give your faithful subjects and unsained lovers of the truth, your princely leave to justify their honest and godly petition, which hath been by some of our Brethren in their heat impugned. In which their enterprise we humbly crave licence to propound certain general observations, which we refer to your highness Christian consideration. First whereas we your majesties 1. Observation. Opposition between the King's judgement & the Censurers of Oxford. humble Petitioners have throughout conformed our desires and requests to your majesties judgement, who have wished us to judge of your future projects, according to your bypassed actions: and have proportioned our suits after the rule prescribed in your Majesty's book, which you would Preface to Basil. have taken of all men as an image of your mind, and a Discovery of that which may be looked for at your hands: Yet our brethren to our understanding, have been bold in divers points to oppose their judgement to your Majesties. 1. They count it an unsufferable Pag. 7. thing to permit: any thing touching the government of the Church: to be so much as questioned: Whereas it hath pleased your Majesty in your princely wisdom, to permit, and will a conference of the learned concerning such matters. 2. They will not grant that these Pag. 10. articulated, are the peccant humours of the Church, and so consequently acknowledge none: Your Majesty saith otherwise: no kingdom lacks her own diseases: and seemeth not to be ignorant of corruptions stolen into the state. 3 They justify ceremonies & traditions not warranted by the word, as the cross in baptism, the surplice, interrogatories ministered to infants, Confirmation: But your Majesty Basil. p. 18. 19 hath showed us to ground our conscience only upon the express Scripture, and to discern between the express will & Commandment of God in his word, and the invention, and ordinance of man. 4. They count them turbulent p. 14. that would not have the Apocrypha read in the Church: But your majesties judgement is otherwise: as to the apocryphas books I omit them, because Basil. p. 1. I am no Papist, and indeed some of them are no ways like the ditement of the Spirit of God. 5. Your Majesty's princely resolution Basil. p. 43. is to see all your Churches within your Dominions planted with good Pastors: Our brethren say it is impossible, and that the defects of some p. 15. Ans: men may be better supplied by other means then by preaching, as by reading of Scripture, and of homilies, p. 16. p. 14. and of the service book: and that all Ministers were not preachers in the primitive Church. 6. Your Majesty most truly affirmeth Basil. p. 4. according to the Apostle, that faith cometh by hearing the word preached: Our brethren say that the P. 16. Ans. reading of Scriptuers, of Sermons, and Homilies, are the ordinary effectual means to increase faith. 7. Your majesties Christian motion to the University is, that leases of their tithes impropriate be so demised, as Ecclesiastical persons only may be maintained & enabled to execute their functions, the Collegdes being provided for. But our Brethren do charge the p. 19 Petitioners for this motion with lack of conscience. 8. Your Majesty's care is, that the Basil. p. 43. doctrine be preserved in purity according to God's word: The Petitioners for moving to have an uniformity of Doctrine, and all popish opinions abolished, are challenged for shameless p. 13. suggestions. 9 Your Majesty's will is, that the Basil. 13. discipline be likewise preserved in purity according to the word of God: The Petitioners humbly desire accordingly that the discipline may be administered according to Christ's institution: for this motion they are reproved. p. 20. 10. Your Majesty most princelike Basil. praef. professeth, equally to love and honour the learned and grave men, of either opinion: that like better of the single form of policy in the Church of Scotland, or of the many ceremonies in the Church of England. Our brethren Epist. p. 5. count the Petitioners Shismaticks, Hypocrites, dishonest persons, for misliking of some ceremonies, and other abuses, and wish the land were clean purged of them. 11. Your Majesty giveth this honourable Basil. praef: 11. testimony of the godly ministers of Scotland, that there is presently a sufficient number of good men of them in that kingdom: But the Confuters p. 30. say, There are not many men brought up among them in this last reformed age, worthy of that wont honourable maintenance. 12. Your Majesty specially provideth for keeping holy the Lord's day: so that always the Sabbaths be kept holy, and no unlawful pastime be used: But our brethren seem to urge the Ans. p. 13 rest upon other holy days as strictly as upon the Lord's day. Whatsoever opinion is conceived of our brethren, and howsoever they are men of credit and estimation in the world: these humble petitioners would by no means have presumed thus to have thwarted your Majesty's Christian judgement: We for our parts wish none other reformation, than your Majesties own profession hath given us hope of: We thank God for your Christian judgement and constant resolution: It is our happiness that God hath sent us such a king, not only noble in princely birth and nativity, but in virtue, knowledge and piety as the preacher saith: Blessed art thou, O Eccl. 10. 17 Land, when thy King is the son of Nobles: and such an one as Ambrose describeth the King of Niniveh: ser. 40. Necesse erat, ut qui potentior cunctis fuerat, devotior fieret universis. Further, may it please your Majesty 2. Observat. difference between the old and new Oxford doctors. to understand how much these Doctors and Proctors of Oxford do vary from the judgement of their predecessors, approving those abuses and corruptions, which were even in the time of Popery condemned in a Council held at Oxford under Stephen Langthon Archbishop of Canterbury, not above 250. years since. 1. There the Pastors are enjoined, Consil: oxoniens: sub steph: plebes sibi commissas, etc. That they procure the people committed unto them to be informed with the food of God's word: otherwise canes muti iudicentur; they are counted dumb dogs: But these Oxford men excuse unpreaching Ministers, affirming that all were not Preachers in the primitive Church. pag. 14. 2. They decreed that none should be admitted to a vicarage, nisi velit etc. unless he will be personally resident in his Church. They condemn Nonresidence, these justify non-resident. pag. 17. 3. They decreed, that if they which are admitted to Cures of a certain value, were not resident, seeing bread must not be given but to those that labour, Ecclesijs suis spolientur, etc. should be deprived. But these count it an uncharitable act, yea though other provision be made for them, that they which cannot labour should be removed. p. 15. 4. They would have no spiritual offices farmed, under pain of suspension: statuentes, etc. decreeing that no Archdeaconry, Deanery, or other Office, which consisteth in mere spiritual things, nulli dentur ad firmam, etc. be put to none to farm. These count it an indifferent thing. pag. 24. 5. Old Oxford men thought good that none should be excommunicate where the fault is not apparent, Nisi canonica monitione praecedente, unless they be canonically, that is, thrice admonished. These new Oxford men count it contempt for the which men are now excommunicate. p. 23. when as they use but once to be summoned before. 6. They forbidden, Ne praesumant pariter judices esse & actores: that they should not be both judges and actors, or promoters. But these simply approving the oath ex officio, p. 25. do consequently allow such proceed, for in this case the judge dealing Ex officio is an agent and promoter of the cause. 7. They punish such Advocates qui protrahunt matrimonium malitiose, etc. which wittingly protract suits of marriage: and such are excommunicated because by them it cometh to pass, ut contra justitiam processus causae diutius suspendatur: the proceeding in the cause is longer, than justice would, suspended. But these take upon them to defend longsomeness of suits in Ecclesiastical courts. 8. They determine, Ne Monachus vel Canonicus Ecclesiam audeat retinere ad firmam: That no Monk or Canon should hold any Church to farm: but these maintain the demising of impropriate Churches to lay Farmers, p. 19 which is more unlawful. 9 They thought good, in singulis Ecclesijs, ubi parochia est diffusa, duo sint vel tres presbyteri: That in great parishes there should be two or three presbyters. But these allow two or three parishes to one Presbyter. p. 18. 10. This Council prohibiteth, Ne Clerici iurisdictiones exerceant seculares, etc. That clergymen exercise not secular jurisdictions, especially to the which the judgement of blood is annexed, and not to be present where the judgement of blood is handled. But now it is an usual thing with our brethren, not only to be present, but to sit as assistants to the judge in matters of life and death. Thus was it decreed in those superstitious times: It may seem strange that any professing purity of religion should come short of them in those duties; for our righteousness Math. 5. Homil. 5. Exod. should exceed the righteousness of the Scribes and Pharisees. And as Origen well saith, Movenda sunt castra cum Israelitis, urgenda est perfectio. Our brethren should have run before their blind predecessors in pious proceed, not be cast behind them: to have moved their tents forward to Canaan, not to have looked back to the corruptions of Egypt. Beside as our brethren have thus 3. observat. failed in the matter, so they have been much overseen in the manner of handling. They have burdened the Petitioners, and others, with many untrue accusations, laying to their charge, lewd, absurd, false suggestions, untrue imputations. clamorous libels, defamatory supplications, p. 5. We are further accused to be Schismatics, p. 5. Puritans, resembled to Papists, Epist. p. 9 Dislikers of set and stinted prayers, refusers, condemners of the Lords prayer, such as from whom Barrow and Greenwood took their beginning, p. 11. favourers of those which writ against Prince's titles, p. 9 That some of us have caused our servants to go to plough and cart upon the feast day of Christ's nativity, p. 13. Men accustomed to disobedience, p. 23. That we give power to the Presbytery to excommunicate Kings: that we give the Prince, not potestatem juris, but only facti, p. 29. We are also charged with undue and dishonest practice, in making petition, Epist. p. 4. with hypocrisy, Ans. p. 10. with factious Sermons, scurrile Pamphlets, ibid. To have the hands of Esau, Epi. p. 8. The mouth of iniquity, p. 31. To be Foxes, Epist. p. 11. Evil, malicious, ungrateful men, p. 30. Neither have our brethren stayed here, but they have taken upon them also to censure others: some they call busy headed strangers, imputing unto them the want of manners and discretion, to take upon them in a state wherein they have nothing to do, in which words they seem to mean some who should not be in our opinion counted strangers, seeing we are all under one God and King. Now may it please your Majesty, what could we do less, then being thus unjustly accused, by a modest and true defence, to deliver ourselves and our brethren from these imputations, being not secretly surmised, but publicly, and that in writing; yea and in your Majesty's ears suggested. We doubt not but your Majesty will grant us equal hearing, as King Agrippa said to Paul: Act. 26. 1 thou art permitted to speak for thyself. We press not to offend them but being provoked defend ourselves, as Hierom saith: Vulneratus nequaquam contra persecutorem tela divexi, sed ad Russin: meo tantum vulneri admovi manum. Lastly, we note our brethren's oversight 4. observat. in their manner of proceeding in public impugning what was secretly intended, and in proclaiming to the world that which only we presented to your Majesty. And whereas our brethren suggest, that soon after (this our petition and motion being made) were sent forth Epist: p. 3. into all quarters of the Realm store of the said pretended Petitions. It is true may is please your Majesty, that no copies of the said petition were delivered to any beside ourselves, (excepting that only which was exhibited to your Majesty) since which time no copies at all were dispersed into any quarters of the realm, much less into all: neither before were any hands required to it, but only consent. So that notwithstanding these pretences our brerhrens are found to be troublers of the state, not the petitioners, and to have blown the coals, and kindled the flames, which we go about to quench. Wherefore we humbly desire your Majesty, that it be not imputed to us as a presumptuous part to answer for ourselves being provoked, neither prejudicial to the conference determined: we may verily say with Hierome, si superbum Ad Theoph. sit respondisse, multo sit superbius accusasse. If it be a proud thing modestly to answer, much more insolently to accuse. Beside, as is our brethren's cause, such are their proofs: they have inmayntenance The Censurers sparing in their proofs out of Scripture. of their fancies throughout their book alleged, but one text of scripture for any matter in question between us, which are about the number of thirty several points, so that we may say unto them in Augustine's words: Qui divina testimonia non sequuntur pondus humani testimonij perdiderunt. They which follow not the divine testimony, have lost the credit of their own. Now we humbly commend the innocency of our selves, and the goodness of our cause to your majesties Christian judgement: we sue for nothing but wherein God's word doth bear us out, whereof your Majesty hath given us hope, and for the which we doubt not but to answer for ourselves in the presence of God. We trust that God hath raised your Majesty up as another David, to settle the pillars of the earth Psal. 73. 3. that were shaken: and as the Prophet saith, to take off the heavy burdens, Esay 58. 6. burdenous ceremonies, burdenous censures, burdenous abuses, which many have a long time groaned under. Augustine to this purpose saith well, handling these words of the Psalm, They have ploughed upon my In Psa. 128. back: Ascend in dorsum meum portare te habeo, etc. Nunquid semper super dorsum meum eris: veniet tandem qui te inde excutiet. And he is now come we trust which shall break these yokes: and God we are persuaded will enable your Majesty to do that which shall be acceptable to himself, profitable to his Church, comfortable to your own soul, that we may all salute your Majesty with the salutation of the Church of David, Psa. 20. 4. 5 the Lord grant thee according to thine heart, and fulfil all thy purpose, that we may rejoice in thy salvation, & set up our banner in the house of God, when the Lord shall perform all thy petitions, that we may all triumphantly say of your Majesty, as Ambrose of Ambr. Theodosij fides. the good Emperor Theodosius: jacobi regis fides nostra victoria. Your majesties most faithful subjects, The humble Petitioners, the Ministers and Preachers that desire reformation according to the word of God. THE ANATOMY OF THE CONTROVERSED CEREMONIES OF THE CHURCH OF ENGLAND, BEING considered in their Nature and Circumstances. By john Sprint Minister of Thornby in GLOCESTERSHIRE. 1 Beginning. 1 Blind zeal and superstition, as the Fountain. 2 Tradition, as the stream and Channel. 3 Popish Mass-book, as the puddle. 2 End. 1 Of inventing 1 To please jew and Gentile by a perverse imitation. 2 To paint God's Worship with a needless adornation. 2 Of maintaining 1 To claw and curry favour with Papists, Atheists, etc. 2 Vo uphold our Church corruptions, 1 Lordly Prelacy. 2 Nonresidency. 3 Dumb Ministry. 3 To snare the faithful professor. 4 To nourish the carnal gospeler. 5 To thrust out the faithful Teacher. 6 To keep out Christ's Discipline. 3 Persons 1 For them. 1 Ordaining 1 Satan inspired them. 2 Man invented them. 3 Fathers by tradition delivered them. 2 Commanding and enforcing them. 1 The Beast. 1 Antichrist. 2 His Bishops. 2 man.. 1 The Magistrate abused. 2 Lordly Prelates abusing. 3 Defending 1 Popish Champions. 2 Dignified chaplains, alias Chop-living. 3 Covetous Chancellors. 4 Ambitious Pluralists. 5 simoniacal Patrons, alias Latrons. 4 Approving. 1 Impious Atheists. 2 Ignorant Papists. 3 Dumb Homilists. 4 Temporising Statists. 5 Powling Registers. 6 Prowling Paritors. 7 Prating Proctors. 8 All profane livers. 2 Against them 1 Refusing the most faithful, painful, blessed 1 Pastors. 2 Exiles. 3 Martyrs. 2 Disliking the most zealous and godly people of all sorts. 3 Disproving the most sincere & learned, foreign & English 1 Writers. 2 Preachers. 4 Rejecting the purest and best reformed Churches. 4 Matter 1 Negative: No ordinances or commandments of God. 2 Affirmative. 1 Man's 1 Inventions. 2 Precepts. 3 Traditions. 2 Antichrists 1 Idols. 2 Will-worships. 3 Relics. 5. Manner of urging & maintaining 1 Reasoning 1 Cavilling. 2 Railing. 3 Slandering. 4 Stirring up the Magistrate 1 Against the Innocent. 2 Against their Brethren, 2 Censuring 1 Suspending. 2 Excommunicating 1 For a trifle. 2 For things good. 3 Ipsofacto. 3 Deposing, depriving, degrading of 1 Law. 2 Living. 3 Ministry. 6 Quality 1 Needless and superfluous; because 1 Added to God's perfect Ordinances. 2 Gods Church & worship may be without them. 3 Not required of God, nor having any special or general ground out of the Word. 2 Unprofitable; because they 1 Edify not Men. 2 Glorify not God. 3 Serve not in the Church 1 For Order. 2 For decency. 3 Hurtful unto the 1 Weak, by offence. 2 Ignorant, by superstition. 3 Popish, by Idolatry. 4 Brethren, by dissension. 5 Godly, by 1 Inward grief. 2 Outward persecution. 6 schismatics, by separation. Occasioned. 4 Wicked against the 2d. commandment. 1 In disgracing the Sacraments, & Worship of God. 2 In being defiled with superstition and Idolatry. 3 In being the monuments of Idolatry. 4 In being Will-worships. 5 In bringing into God's Worship the manner of 1 jews. 2 Gentiles. 3 Heretics 4 Papists. 6 In being symbolical or signifying holy signs of man's invention. Effect. 1 In the persons for them 1 Prescribers and maintainers. 1 Privation, or abolishing of good: namely of— 1 Of Christian liberty to bind the conscience 1 Where God hath not tied. 2 Where Christ hath freed. 3 Under the same censures are greater penalty and strictness than the breach of God's commandments. 4 Not to do that 1 Which is agreeing to the Word. 2 which God command's 2 Exercises of Religion, Gods own ordinances 1 Preaching. 2 Prophesying. 3 Fasting. 4 Dispossessing. 3 Quiet and peace of the Church. 4 People rob of their Pastors. 5 Painful Pastors of their maintenance. 2 Occasion of e-evill, of 1 Sin, 1 Abuse of censures in 1 Suspending. 2 Excommunicating 1 Vainly. 2 Unjustly 3 ungodly 4 Ipso facto 3 Depriving 2 Profanation of 1 Sabbath. 2 Worship. 3 Tyranny in Prelates. 4 A foul-murdering ministry 1 dumb. 2 Non-resident 5 Carnal liberty, Atheism, & gross ignorance in the people. 6 Contempt of GOD'S 1 Word. 2 Ministry. 2 Punishment: judgements certainly following these evils. 1 Bodily. 2 Spiritual. 2 users (a) 2 In the persons against them (b) (a) users 1 For love. 1 A Cloak of their 1 Ignorance. 2 Slothfulness. 3 Fleshliness. 4 Covetousness. 5 False and corrupt Doctrine. 6 Scandalous life. 2 A spur and sword unto their 1 Envy and Malice. 2 Railing, disgracing and persecuting of their 2 For fear. 1 By present practice 1 Destroying former doctrine. 2 Shutting up the mouth against corruptions 3 Quenching their zeal. 4 Wounding their conscience. 5 Rejoicing the enemies of the truth. 6 Grieving the friends of the truth. 7 Estranged from the better part. 8 Linked to the worse part, in 1 Affection. 2 Practice. 3 Fellowship 9 Confirming and countenacing the Prelates ungodly and tyrannous proceed. 10 Alluring & occasioning others to fall by their 〈◊〉 2 By preparation unto 1 Subscription unlimited and ex animo to that all good Christians consciences do ex animo abl● 2 To plead for the great corruption of 1 Lordly Domination 2 Dumb Ministry. 3 Nonresidency. 3 To practise, favour, and maintain them. 4 To oppose and persecute 1 The cause of God. 2 Their innocent & godly bre●●●●● (b) In persons against them 1 Refusing 1 God is glorified. 2 The truth is justified. 3 The godly edified and strengthened. 4 The adversaries mouths stopped. 5 The ignorant provoked to search and find the truth. 6 Themselves have 1 Peace of conscience. 2 Trial of patience. 3 Note of faithfulness. 4 joy in suffering. 5 Increase of zeal. 6 Hope of glory. 2 Removing 1 Evil falleth 1 Corruptions in 1 Doctrine. Of the Church 2 Ministry. Of the Church 3 Government. Of the Church 2 Scandal to the 1 Godly. 2 Weak. 3 Wicked. 3 Profanation in 1 Sacraments. 2 Worship. 3 Sabbath. 4 Papistry, Atheism, open wickedness. 2 Good flourisheth 1 Increase of faithful Pastors. 2 Increase of godliness in the people. 3 Purity of 1 Doctrine. 2 Worship. 4 Peace, love, and decent order in the Church. 5 Conformity with the 1. Word. 2 Best reformed Church 6 Gods blessing on 1 Church 2 Whole land. BELLUM CEREMONIALE, THE CEREMONIAL BATTLE. Behold the Leaders and the Soldiers. The better part disclaims them. The worse sort retains them. 1 God never planted, nor his spirit inspired them. 1 Satan inspired them, Man invented them. 2 Christ hath freed us from them. 2 Antichrist enthrales us with them. 3 Holy Apostles never taught, nor practised them. 3 Romish Apostates ever taught & practised them. 4 Christian Churches reform have abolished them. 4 Antichristian Romish church deformed retains them. 5 Word of God condemns them. 5 Mass book justifieth them. 6 Purest Writers conclude against them, 6 Popish writers patronize them. 7 Godly Martyrs suffered for them. 7 ungodly Bishops persecute for them. 8 The godly zealous Exiles withstood them, 8 Carnal contentious Exiles stood for them. 9 The most Reverend Bishops wished them removed to further the Gospel. 9 The most tyrannous proud Prelates suppresseth the Gospel for them. 10 Our soundest Doctors taught against them. 10 Our popish Rabbins & corrupt Statists plead for them. 11 Our faithful and unreproved Pastors refuse them. 11 All scandalous non-resident, Non-preaching Ministers use them. 12 All sincere Professors are offended at them, and detest them. 12 All popish carnal & wicked haters of God rejoice in them. The Weapons. 1 Offending sword of the Spirit. 2 Defending shield of 1 Faith. 2 Patience. 1 Offending 1 Sword 2 edges 1 Railing, slandering. 2 persecuting, imprisoning. 2 Cannon 1 Excommunicating. 2 Suspending. 3 depriving of Living Law. 4 degrading or deposing 2 Defending by the buckler of authority— 1 Fathers traditions. 2 men's precepts. The Event of the Battle. 1 Humiliation in God's sight. 1 Increase of pride before God and man.. 2 Exercise of Christian patience. 2 Practice of Antichristian cruelty. 3 Trial of faithfulness. 3 Discovery of unfaithfulness. 4 Unity of faith. 4 Endless dissensions. 5 Increase of love among themselves. 5 Increase of contentions among brethren. 6 Godly zeal inflamed. 6 Superstitious zeal occasioned. 7 Conformity with Christ and the godly. 7 Conformity with Antichrist and Worldlings. 8 Peace of conscience. 8 Conscience accusing. 9 joy in suffering. 9 Terror in persecuting, 10 Furtherance of the Gospel. 10 Hindrance of the Gospel. 11 Christian liberty maintained. 11 Bondage enforced. 12 Offences removed. 12 Offences given. 13 The elect converted. 13 The wicked hardened. 14 The truth cleared. 14 Papistry cloaked. 15 Gods blessing on their life & labours that withstand them. 15 Gods judgements on the hand of them that maintain them. 16 Gods holy name glorified. 16 Gods holy name blasphemed. 17 Pleasing the godly, grieving the wicked. 17 Grieving the godly, pleasing the wicked. 18 Confidence and gladness at the judgement day. 18 Confusion and trembling before the judgement seat of God. THE DEFENCE OF THE PETITION FOR REFORMATION. The Reply to the general censures. CENSURE. 1. IT is inconvenient and unsufferable to permit a long and well-settled state of government to be so much as questioned. Ans. First then, wherein the state is well-settled, we neither make question nor desire alteration: but where some wants and imperfections are found, which are indeed no parts of our state, but blemishes, it is neither inconvenient for your Majesty, where you see cause to alter, nor unsufferable in us to make question. It is both honourable to your Majesty to supply what is wanting, to restore what is decaying, to remove what is offending; and we trust not disloyal in us to desire some things to be questioned, & conferred upon, which Mary in your Christian policy seethe neither to be inconvenient nor insufferable. It is an honour for Princes to add to their predecessors work, as josua did to Moses, Solomon to david's, Nehemiah to Zorobabels. Religion is perfected by degrees, and reformation can Religion perfected by degrees. Lib. 7. in Luc. hardly be wrought in one age. Ambrose saith well: Non in principijs perfecta quaeruntur: sed à principijs ad ea quae perfecta sunt pervenitur. The perfection of things is not sought in their beginnings; but men proceed from the beginnings to those things which are perfect. The Law imperial saith: Qui subtiliter factum emendat, laudabilior Cod. lib. 1. tit. 2. l. 1. justinian. est eo qui primus invenit. He that exactly bettereth that which is done, deserves more commendation than he who first invented it. And as for your majesties poor subjects the Ministers of the Gospel, we have greater cause to think ourselves happy that we may pour out our complaints into your Christian bosom, than Paul did for that he was suffered to answer before king Agrippa; and we doubt Acts 26. 3. not but that your princely ears are open to hear us for ourselves, that would have us heard for yourself, as Ambrose saith to Theodosius: Ipse non audies eos, quos pro Ambros. epi. 29. ad Theodos. te audire velis. Will not you hear those, whom you desire may be heard for you. 2. Cens. Augustine saith, The very change of custom otherwise profitable, hurteth by innovation. Answ. Neither should custom prevail Custom no rule of truth, against truth, nor antiquity counterpoise the verity: Innovation is not to be feared where reformation is effected: for than neither Christ's Gospel should have taken place against the jews traditions, nor Christianity against Paganism, or protestancy against Popery. Augustine saith well even in the same place, where he is alleged for custom, Aut propter fidem aut propter mores, vel emendari oportet quod perperam fiebat, vel institui quod non fiebat. For faith and manners that may be amended, which was evil used, and that may be a new instituted, which was altogether omitted. And Ambrose answereth Symmachus well, that urged custom for certain Pagan rites: Nulla aetas ad perdiscendun sera est, crubescat senestus, quae se emendare non potest: non annorum canities est laudanda, sed morum: nullus pudor est, ad meliora transire. Old age should not be ashamed to amend, and it is no shame to change for the better. 3. Cens. If the ceremonies were superstitious, with what conscience did they subscribe in respect of the times, & c? Ans. 1. The Ceremonies which we desire to be removed, as we judge them not Of subscription. all to be alike superstitious, so neither do we hold them profitable or fit to be retained being diverse ways scandalous, as shall afterward be showed in particular. 2. Some men by subscription did bear them as tolerable in their opinion for the time, not as condemnable in themselves: And do our brethren ask with what conscience they could do this? Did not the Apostles subscribe in their Epistle for the retaining of the jewish rites of abstaining from strangled & blood, not thereby simply giving them approbation, but yielding toleration for a time. As Augustine doth fitly resemble it: Sicut defuncta corpora necessariorum officijs deducenda erant, quomodo ad sepulturam, etc. As the bodies of the dead must have a time to be brought after a seemly manner to the grave, and not to be strait ways forsaken, etc. so they which desired the peace of the Church, and were loath to deprive the same of their labours, did think they might by their subscription and toleration bear these ceremonies for a time, as the Apostles did the jewish, though the case be not altogether alike, the one being legal rites, the other human inventions, yet neither apparently impious, the time and other circumstances considered. 3. And yet diverse which sue for reformation, did refuse at all to thrust their necks under this yoke of subscription. But how little the subscription of some maketh for the allowance of these offensive ceremonies, shall further appear in the defence of the preface, Art. 6. 4. Cens. If they be indifferent, etc. then the Magistrate may command, and we must obey. Where is then their pretended obedience? etc. Answ. Concerning the indifferency of Some Ceremonies urged not indifferent. Epist. 118. c. 8. these ceremonies: 1. It will be hard to show that they are all indifferent. Augustine hath this rule of things indifferent: Quod neque contra fidem neque bonos mores iniungitur, indifferenter est habendum. That which is not enjoined against Faith and manners, must be held as indifferent. Such Ceremonies then as have no warrant in the word, and so against faith, (as the Cross in Baptism: and are offensive to the brethren, and so against charity (as the Surplice) how can they be said to be indifferent. 2. Were they indifferent in their own nature, yet the scandal that is given to the Church of God doth take away the indifferent use of them. As S. Paul saith, he would not eat flesh while the world standeth, if it offend his brethren: 1. Cor. 8. 13 and it is no small danger to wound the conscience of the brethren: the Apostle saith, they sin against Christ. 3. And if these ceremonies were indifferent in their own nature; yet to him that cannot be so persuaded, they are not indifferent: For whatsoever is not of faith, that is, of a Rom. 14. 23. full resolution without doubting, is sin. For this were as Ambrose saith, to be strenuum operibus, affectu infidum. To be stung in action, and unstable in affection. Wherhfore if either these ceremonies be not at all indifferent in their own constitution, or not so in the persuasion of the heart: it is no disobedience to forbear and refuse though they are commanded: for the Apostles resolution is to be followed, to obey God rather. The Magistrate must not Act. 4. 19 be resisted, and yet that which is against the conscience, may without disloyalty be refused, as Ambrose excellently resolveth, Volens nunquam ius deseram, coactus repugnare non novi, potero flere, potero gemere. Orat. in Auxentium. I will never willingly forsake that which is right, I cannot resist though provoked: this I can do, even to weep and wail. Lastly, seeing these ceremonies are confessed by our brethren to be indifferent, then is it in your majesties power to take them out of the way. Then seeing the removing of these ceremonies will be no offence of conscience to those that hold them indifferent, and yet the retaining of them will grieve the consciences of many good Christians that take them not to be such: we humbly beseech your excellent Majesty to take away these occasions of stumbling; and we doubt not but your Majesty is resolved with the Apostles, to lay upon your people no other burdens beside necessary things, Act. 15. 28. Like to Theodosius the Emperor, of whom Ambrose saith, Malluit sibi homimines religione, quam metu constringere, in obit. Theodos. He had rather bind men unto him by religion then by fear. Positive abuses. 5. Cens. These men should not be suffered Untruth 1. we do not calumniate the state. Vntrutht 2. There are many things positive in the church worthy of blame. to calumniate the State wherein there is nothing positive worthy of blame. Answ. As touching the abuses in the Church, some of them are in the very constitution, as of non-resident, pluralities, dumb ministers, faculties, excommunication by Chancellor's Officials, and such like, as shall afterward appear in particular. Were there nothing herein positive that is worthy of blame, happy were this Church, and twice happy shall your Majesty be to procure it to be such: neither is this to calumniate the state to complain that the Church of Christ is pestered with some usages and offices begun under Antichrist, of the which we are bold to pronounce with our Saviour, every plant which Math. 15. 13. my heavenly Father hath not planted, shall be rooted up: and according to the rule of the Law: Absurdum est ipsa origine rei sublata, Cod: lib. 7. tit. 6. leg. 1. justine. eius imaginem relinqui. It is absurd that the thing itself being taken away, the image thereof should be still remaining. Seeing then popish doctrine, as the root and original is abolished, all papal platforms, as the shadow should vanish. 6. Cens. No Church in Christendom is Untruth: 3. able so much to justify their abuses, as this Many reformed churches go beyond us for discipline. of ours, which are not so heinous as deserve their bitter reprehension. Answ. Beside also many abuses there are in the execution of Ecclesiastical laws and orders (as shall afterward appear) 1. Which we hearty wish did no more abound in this Church, then in some other reformed churches, whose example herein we desire to be followed according to the word of God. 2. What if no Church can justify all the corruptions & abuses crept in: Yet every Church ought to press forward unto perfection, & to follow the Apostles rule: to forget that which is behind (not to please ourselves in our imperfect state) and to endeavour to that which is before, and to follow hard toward the Philip. 3. 13. mark. 3. Neither had our brethren of Oxford cause to object that the Petitioners Mask under an unknown generality, seeing they themselves express not their names, nor remove the vail from their faces: and as for us, we conceal not our names as ashamed of the cause, but we forbear, because it is your majesties pleasure we should not gather hands to our petition: but as Ambrose saith to the Emperor tolle legem & fiat certamen: Take away the law, and let the trial be made upon even term. So when it shall please your Majesty, the consent and number of the Ministers and others desiring reformation, will soon appear. We are able to show that these abuses are not only worthy of reprehension (which in our petition is done without bitterness according to the 2. Tim. 2. 25. Apostles rule, instructing them with meekness that are contrary minded) but of alteration; not only fit to be repoved, but for ever removed: we are now to declare the one, and we trust your Majesty in good time will determine the other: and we doubt not, but that you are resolved with the Cod. lib. tit. 6. leg: 42. Emperor justinian: omnia quae pro honore sanctae Ecclesiae ad Dei placitum fieri properamus, legibus constituere & operibus adimplere desideramus: all things which may be for the good of the Church by your laws to will, and in your works to fulfil. The defence of the Preface. 1. Object. They favour them too much Untruth: 4. Prince's titles. that were wont to subject all king's Titles to popular election, etc. Answ. How they which now sue for reformation were before affected to your We do not therein favour them. majesties title, we appeal to your princely knowledge: and who they were that did show themselves most earnest to have had the same in Queen Elizabeth's time declared, is well known. Our brethren are then to blame, to draw those into suspicion which will not give place to any of themselves in zealous and loyal affection: And what if some otherwise of good parts have written undutifully of Prince's titles, do we justify or favour them therein? University men brought up in the schools might remember that from secundum quid to simpliciter the argument followeth not, that because we like them in some things we should approve them in all. We say Pammach. & Ocean. with Hierome: non consuevi eorum insultare erroribus, quorum miror ingenia. 2. Object. The petitioners by seeking this, Untruth 5. We disturb not the state. and the like dangerous alterations do disturb the state, etc. Answ. Flatterers are the disturbers of the state, not they which desire things amiss to be amended: But this hath been always the reward of the servants of Christ, that duly sought for redress, to be counted troublesome and busy bodies, according to the saying of the Apostle: am I become your enemy because I tell you Gal: 4. 16. the truth? to the which answereth that common saying: Obsequium amicos, veritas odium parit: flattery maketh friends, and verity maketh foes. The Prophets did not disquiet the state of Israel, but they which Ezech. 13. cried peace, peace, sowing pollowes under men's elbows, and flattering them in their sins, saying all is well. If other men were as willing to be reform as some desire the Magistrate should reform, there need to be no disturbance at all: It is good to have peace, and follow love, but as the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in the truth: then shall we rest quietly, when we sleep not upon men's pillows, but in Christ's arms: as Origen well noteth on these words Homil: 2 in Cantic. Cant. 26. his left hand is under my head: noli consuere cervicalio vel aliunde capiti requiem quaerere, habe sponsi laevam sub capite. Sew not pillows to thine head, nor seek rest unto it elsewhere, get the left hand of the bridegroom put under it. 3. Object. Howsoever in words they decline Untruth: 6. We mean as we writ. the imputation of factious men, etc. it is well known in this kingdom and that of Scotland what manner of men they be. Answ. We mean as we say, we wish not the dissolution of the state Ecclesiastical: we would have Episcopal labours joined with Episcopal honour, that they would do their duty and have their duty, as the rule in law is: rationi convenit Reg: iur. 76 ut succedat in onere, qui substituitur in honore: that they encroach not upon other men's callings, but that they may be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 40 chained with such bonds, as may preserve that estate from creeping to corruption. If any in Scotland have been to forward, we excuse them not: yet that whole Church is not to be blamed for some man's fault: wherein are many reverend, learned and godly pastors, as his majesty hath given a princely testimony of them, that Pref: to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. there is presently a sufficient number of good men of the ministry in this kingdom. Other men's oversightes we justify not, neither will answer for their errings, if any have unduly in their undiscreet zeal sought for reformation we praise them not: neither ought it to be a prejudice to moderate proceed. As in our enemies we condemn not that is good, so neither in our friends commend we that which is evil: as he well saith: nec bonis adversariorum (si quid honestum Hierom: Pammach: & Ocean. habuerint) detrahendum est, nec amicorum laudanda sunt vitia. 4. Object: Those men might have better performed their obedience to God, &c: what are these men they should assume so much? Answ. 1. we have assumed nothing Just complaints not disloyal. which becometh not good subjects, to lay open our complaints to our gracious Sovereign, as the members send up their griefs to the head. 2. Neither do we seek to abuse the Clergy, but to honour them, when we desire they might in every congregation shine as lamps both in life and doctrine. 3. What greater obedience to God then to be found faithful? what better service to his Majesty then to acquaint him with the wants of that body, whereof he is the head? what truer love to the Church then to desire her perfection? 4. We trust his Majesty counteth it no trouble to hear his honest subjects complaints, as by his own princely words we are encouraged, weary not to hear the complaints of the oppressed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 92. aut ne Rex sis. Preachers and ministers that humbly sue for redress, trouble not the Church but idle non residents, dumb ministers, covetous pluralists are the men which are settled in their dregs, and will not have their sour lees drawn forth. As for us we bless God for our external peace, and hearty desire the true internal peace: that we may be all according to the Apostles rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eph. 4. 15. , following the truth in love, and loving in the truth, and so we say with Hierome, ad. Theoph: unto our brethren that seem to stand so much upon peace and quietness: nihil grand est voce pacem praetendere, & opere destruere; etc. it is nothing to pretend peace in word, and destroy it indeed. We also would peace, and we wish not only but entreat peace, the peace of Christ, true peace: pacem quae not ut adversarios subijciat, sed ut amicos iungat, such peace which may not subdue us as enemies, but join us as friends. 5. Object, They must prove that those Untruth 7. These are the peccant humours. are the peccant humours of the Church, which in truth is the least peccant of any other, etc. Ans. 1. If these & such like be not the Who come nearest the Catharsts. peccant humours in the body of the Church, there are none at all: thus these men seem to come nearer to the Puritans & Catharists, than those (whom they in their answer have traduced) that acknowledge all things pure in the Church, and no thing amiss, how far are they from redressing that are so far of from confessing their wants? Ambrose well saith sensus vulneris est sensus vitae the sense of grief is the sense of life. 2. We wish even in our hearts, it were as they say, that our Church were least peccant in the world, then should we have no contention about human rites, non-resident, dumb ministers, Commendams, faculties, abuse of Excommunication, and such like, which are strange in other reformed Churches. 3. Reverend Bishop jewel, where he saith; we are come as near as possibly we could to the Church of the Apostles: neither meaneth How we are come near the Apostles. the abuses and peccant humours of our Church, which he would never have justified, nor yet all the ceremonies, for else were he allegeth out of Valafridius Abbas that in the beginning the communion was ministered without any difference of apparel, and showeth that it was so in Hieroms time: defence Apol. 401. Neither yet doth he mean that the discipline of the Primitive Church is exactly restored, for the book itself confesseth, that the godly discipline of the Primitive Church is now wanting, and beside In the commination. he showeth in this place, wherein the Church of England is departed from the Church of Rome, which is not in the administration of discipline received from them: and else where he reproveth Harding Defenc. apol. 41. for saying Christ and his Apostles never ruled the Cburch in better order than it is now ruled by the Pope & his Cardinais. Our brethren say as much in effect that it is ruled as well by Bishops. Wherhfore his meaning must needs be, that in doctrine and in the substance of the Sacraments we are come near it, and for the rest, as near as possibly we could, that is, as the times would permit and suffer. And we desire our brethren to tell us in good sooth whether in the Primitive Church of the Apostles, the cross in Baptism, the surplice in the Communion were used, whether they read of any Chancellors, officials, etc. non-resident, dumb Ministers in those times? It is all we desire that the discipline of our Church may be reduced to the form of the Apostles government. Lastly, have our brethren no more chariry, then to wish that the petitioners (whom they untruly call unquite and mal-contended humours) were purged out of the land: If they proceed on in such wishes they will give us cause to complain, as Hierome doth of an uncharitable adversary of his: talibus institutus Apol. 3. advers. Ruf. es disciplinis, ut cui respondere non poteris, caput auferas, & linguam quae tacere non potest seces. You have learned, that whom you cannot answer, his head you would chop off, and cut out the tongue that you cannot silence: but we wish better unto them with the Apostle: if ye be otherwise minded that God would reveal it unto you, in his good time. 6. Object. To subscribe to that in respect Of subscription upon protestation. etc. of the times which in itself is unlawful proveth little less than hypocrisy. etc. Answ. In these petitioners which subscribed to the book (in which term is no disdain at all) there was neither dishonesty nor hypocrisy so to do. although they simply allow it not. 1. They subscribed with protestation, some with condition, other some upon expositions given them, which is no mere falsity, but a clear verity, as some of our Bishops and their Registers do know, and some of the subscribers are able to show. Fox. p. 118. But this argueth no sincerity (say our brethren;) What would they then have said of Reverend Cranmer who was sworn to the Pope upon protestation, acknowledging his authority no further than it Zanch. Miscel. p. 35. agreed with the express word of God: Or what would our brethren have thought of Zanchius, that with some exceptions and interpretations subscribed to certain Lutheran points of doctrine, who aledgeth the judgement of Calvin in the same matter to Gulielmus Holbracchus, likewise urged by the Lutherans to subscribe precise, ut recuses non consulo, etc. nunc ergo exceptiones interponere necesse est, quae te molestia liberent. I give not counsel precisely to refuse, etc. but to put in exceptions which may ease you Supplic. ad Senat. Arg. of trouble? Hereupon Zanchius saith se sincero pacis & concordiae studio adductum subscripsisse: that he subscribed being thereunto moved of a sincere desire of peace. But the subscribers case is far more equal and reasonable, who upon protestation expositions, etc. subscribed not to suspicious doctrines, but to certain superfluous rites. 2. Because they were loath to deprive the Church of their labours, and forsake their flocks, for these matters, which are though inconvenient, yet not of the substance of Religion: and hereunto agreeth the canon, utilitatis intuitu quaedam in Ecclesia Caus. 1. q. 7. tolerantur. Through the show of profitableness, some things are tolerated in the Church. The Petitioners then subscribing, did not therein allow these ceremonies as profitable, seeing the state intended a greater perfection, howsoever it was hindered, as may appear by the statute set before the book of Common prayer, the words are these, Such ornaments, etc. of the Ministers shall be retained, till other order shall be therein taken. And the book itself in the Commination aimeth at the restoring of the Discipline of the prim. Church. 3. And herein by subscription to tolerate Subscription of some excused. things not apparently impious for a time: But now there is no reason, that subscription which was yielded to the necessity of time, should either prejudice the subscribers according to the Canon: temporum necessitate perfecta, hac ratione ad veniam Caus. 1. q. 7. c. 13. pertinere decernimus, quod gestum est: what the necessity of the time required, in reason ought to be pardoned: or hinder the reformation, according to the like Canon: quod necessitas pro remedio reperit, etc. that which Caus. 1. q. 7. c. 7. necessity found for a remedy when the necessity is removed, must cease also that which is urged, for a due and orderly course is one thing, that which by usurpation for the time is enforced, another. Lastly some of the subscribers are now of another judgement and see more into the cause, than they did before, and doubt not to say with Hierome: imitati estis errantem, imitamini correctam: You have followed him that erred, be you followers of him that hath corrected his error. And could wish that this vinculum subscriptionis, as Ambrose calleth it in another case, were dissolved, as Eusebius Vercellon: caused Dyonisius subscription (but in an harder case) to be razed out. Any of these reasons will free the petitioners subscribers from this uncharitable imputation of Hypocrisy, and dishonesty. 7. Object: The Church of England had Untruth. 8. We condemn factious Sermons, etc. been happy if it had not been troubled with their factious sermons, etc. Answ: We mislike factious Sermons, & scurrile pamphlets, as much as these censurers of Oxford: and some of their friends & favourites are not free from the imputation of both: The painful labours of the ministers Painful Preachers not factious. petitioners in the Church of England both by preaching and writing are well known. And though the rule hath been, better no preachers, than such as desired reformation (therefore miscalled factious) yet this is our comfort to say with the Apostle: in the declaration of the truth, we approve ourselves to every man's 2. Cor. 4. 2. conscience in the sight of God: and herein we say again with the same Apostle: we pass very little to be judged of you or of 1. Cor. 4. 3. man's judgement: being sorry that you thus account of the friends of the gospel, as of enemies and cannot endure the lovers of the truth, which you profess to love. And so, as Augustine saith: res multum dolenda & miranda contingit, etc. A strange Tractat. in joan. and heavy thing often falls out, that the man whom we take to be unjust, and yet he is just; loving in him justice which we know not we hate: & hominem bonum tanquam malum affligamus: and afflict a good man as though he were evil. 8. Object: The number of more than a Vntr. 9 It is not a vizard. There are not so few godly Preachers that wish reformation. thousand is but a vizard, etc. Answ: The number of more than a thousand is no vizard, as theirs is, that mask under the name of the heads of the university, yea of all the learned and obedient of the clergy, as the title showeth, whereas we know there are divers hundred of learned, obedient, sober, discreet preachers in the universities & other places of the Church that neither like, nor allow their proceed herein. As at the passing of that grace in Cambridge, whereof our brethren make mention in their epistle, there was not present the third part of the university that gave voices, nor one Doctor of divinity besides the Vice Chancellor as we are credibly informed. Let them first pull of their vizard and show themselves, they should not object that to others which it seemeth they are ashamed of, to profess their names: Therefore we may apply Augustine's words a-against them: conferamus de medio si placet Lib. 1. cont. julian. ista communia, etc. let us leave these common matters, which may be said of each side, though not truly of each side. 2. How can that be a Christian & commendable church government under Chancellors, Officials, Commissaries, Registers, Proctors, Summoners, which is the same in the form nothing altered (the supremacy only and dependency of the Pope excepted) with that now used and practised in the Antichristian and papal synagogue. Therefore to this untrue assertion, we return no other but Hieromes answer: Non necesse habet vinci, Ep. ad Ctepant. quod sua statim professione falsum est. That needeth no refutation, which appeareth false in the very relation. 3. The humble Petitioners have done nothing maliciously, or injuriously we wish that they, which thus censure them, were as far from both. Hierome could have told them: non facilis est venia prava dixisse de rectis. Pardon for Hierom. Asellae. speaking evil of that which is good, is not easily obtained. Thus men for their conscience, and unfeigned love unto the Church of Christ, are loaden with the reproach of sedition, presumption, dishonesty, hypocrisy, scurrility, malice, injury. etc. A likely matter that such pleaders have a good cause in hand, when they begin their plea with such intemperate and uncharitable stuff: therein committing the same fault, which Origen objecteth Lib. 7. cont. Cess. to his adversary. Philosophus iste cum nos instruere velit calumnatur etc. this Philosopher when he should instruct us raileth, when in the beginning a wise Orator, should show himself friendly toward his Auditors, And thus end their censures upon the preface. THE DEFENCE OF THE FIRST PART OF THE PEtition concerning Church service. 1. Against the Cross in Baptism. 1. THE Sacraments are to be preserved in that simplicity and pureness, wherein jesus Christ hath left them to the Church: So S. Paul saith: I have received of the Lord that which 1. Cor. 11. 23. I delivered unto you. S. Paul so great an Apostle innovated nothing, but delivered that only which he had received: And this is the Lords own charge: ye shall put no thing thereto nor take aught there from: therefore Cyprian saith well: neque aliud fiat a nobis Deut. 12. 32 Cyp. lib. 2. Epist. 3. quam quod pro nobis dominus prior fecit. We may not do any other thing (in the ministration of the sacraments) than the Lord himself hath done before us. But jesus Christ commanded only to baptise with water in the name of the Father & of the Son, & of the H. Ghost not to sign with the sign of the cross. Mat. 28. 19 The commission is: Go and baptize, wash with water. And this the disciples observed: here is water what doth let but that I Act. 8. 36. & 38. may be baptized, and they went both into the water, & he baptized him. Philip did no more. Peter Martyr is clear for this. The Peter Martyr loc. come: 4. c. 9 word and the water (saith he) make the sacrament the other things, which were added after, came from the B B. who where too much addicted D. Fulke in Rhem. Test. Luk. 44. 50 to ceremonies. D. Fulk likewise speaking of the sign of the cross, saith: it can not be a convenient memorial of Christ, because Christ commanded it not. Therefore the cross in baptism departing from the simplicity and plainness of our Lord jesus institution is to be rejected. 2. If the cross be superstitious and popish in the one sacrament, than it cannot be convenient nor Christian in the other, according to the rule de similibus similiter judicandum: In the like case, the like judgement is to be passed, which our Saviour Christ useth. But in the sacrament of the supper the cross was taken by the church of Eng. to be superstitious, and popish, and therefore Math. 12. 3 Aug. tract. 108. in joan: Missal. Rom. extruded, though some of the Fathers and the Popish Church had brought it in before. Therefore by the same rule the cross in baptism should have been removed also. 3. That which hath been idolatrously abused in popery, and hath no necessary use in God's Church ought to be removed: As Ezechiah pulled down the brazen 2. Reg. 〈◊〉 serpent because the people made and Idol of it. This hath been the judgement of The Church. Tertullian shows at large, Tertul. de coron. Milit. then when things indifferent have been abused by Pagans, & Idolaters, Christians may not use them, unless they have Gods warrant for them. And Augustine shows Aug. epist. 86. ad casul. jewel. defen. of Apol. p. 441. distinct 63. quia sancta. that the Church of Christ left to fast upon the Lord's day, because the Manichees had taken up, that day to fast on, worthy jewel shows many examples of the like: Nay the very Pope's law resolveth thus: that if some of our praedecessours have done those things, which were well in their times, and yet afterward they be turned into error, and superstition, they must without any delay be reform. But the cross hath been Idolatrously Whit. cont. Bell. descrip. c. 6. Ra●n. confut. 586. Bellar. lib. de sacr. author. apud. Aug. sect: 59 abused in popery as our best writers show) yea the very cross in baptism to be a defence and muniment against the Devil. de Cons. distinct. 4. postea etc. Therefore there being no necessary use of it in the Church of God, it ought to be removed. 4. It is not lawful for any either man or Angel to add any thing to the substance Gal. 3. 15. of the sacrament: For as well they might add to the tenure of the Covenant as add to the seal whereby it is confirmed. But the adding of the cross in baptism is an addition to the substance. Therefore it is not lawful for any to do it. The assumption, or second proposition is proved thus. To add a sacramental sign to the sacrament, is to add to the substance of it. But the cross in baptism is made a sacramental sign: signa (saith S. Augustine) cum adhibentur ad res sacras significandas sacramenta vocantur. Signs when they Aug. epist. 5. are used to signify Sacred things, are called Sacraments. But the cross in baptism is taken up to signify a holy thing, namely our constant profession in Christ, that we shall not be ashamed to confess Christ The sacrament of baptism rob of his signification, and the same attributed to human invention, viz. the Cross. Aug. Epist. 119. c. 18. crucified and to fight under his banner etc. And so by consequence, it is an addition or substance of a sacrament, which is utterly unlawful. Augustine shows the care of the Church in his time this way: epi. ad januar. where speaking of washing of feet which was used of some when they came to be baptised: Multi hoc in consuetudine recipere noluerunt, ne ad ipsum baptismi sacr. crederetur pertinere: nonnulli de consuetudine auferre non dubitarunt: Many would not receive into use, and many took it away, where it was used, lest it should seem to belong to the very Sacrament of Baptism: So religiously careful were they, lest they might seem to make any addition to the sacrament. 1. Object. The Cross in Baptism is a most Answ. to the petition. p. 11. ancient ceremony. Ans. To say it is ancient it is too much, but say it is most ancient is most untrue: Mea antiquitas est jesus Christus: my antiquty Ign. epis. 6. is jesus Christ (saith Ignatius the blessed Martyr:) Now who knows not, that to use no cross in baptism is more ancient then to use the cross? And therefore if the Lords rule may hold: ask & inquire for the Ier: 6. 16. old way for that is the good way: or that of Tertul. quodcunque primum, id utique verum. That which was frst, that is the truest; it Tertull. de prescript. must needs be better to baptise with no cross, as Christ and his Disciples did, rather than with the cross, as some have done in later time. But a little to search the antiquity of it, we must first agree what cross it is which we so oppugn, and our brethren stand for. To cross the water in baptism? or to cross the child in baptism. To cross the water is superstitious (though the Fathers liked it) and therefore the Church of England hath removed it. To cross the child in baptism hath not one authority in all antiquity that we can read of. In justin Martyrs time there was no just. apol.. 2. Tertul. de coron. Milit. D. Rain. confer. p. 581. such thing. In Tertullia's time, Christians began to Cross themselves with the sign of the cross, but it was not yet crept into the sacraments (as a learned writer hath well observed) for in his book de Corona Militis, where he mentioneth other ceremonies that were used in baptism, as milk, honey, etc. he makes no mention of the cross. And lib. de Baptis. entreating professedly of this sacrament Tert. de bapt. and the ceremonies of it, he hath not one tittle of the cross. In Chrysostom's time Chrys. hom. quod Christus sit Deus. the cross was crept further (as all superstition will wind up like Ivy) In sacra mensa, etc. crux fulget: In the holy Supper the cross appears in his glory: but yet Aug lib. 1. confess. c. 11. & de symb. ad Cateches. l. 4. c. 10. it was not impressed in the foreheads of such as were baptized. In Augustine's time the Catechumeni were signed with the sign of the cross before baptism, but no such sign was used when they came to be baptised; and therefore unless better authority can be brought, than we know of, or Popish Bellarmine either, Bellar. lib. 2. imag. c. 29. (who hath raked all corners to help himself) we think the cross in baptism will be feign to fetch his pedigree out of the Pope's Mass book, if happily it be able to deduce it thence. 2 Obj. We must needs have some ceremonies in the administration of the Sacrament, why then not the cross? Answ. We grant that some ceremonies may be used: but if all be used, why then not cream, oil, salt, and spittle? etc. Lumb. 4. dist. 3. for the Papists make but ceremonies of those. And therefore it doth not follow, some ceremonies may be used, therefore the cross in baptism may be used. It is evident then, that there must be a choice. Well, let us see what must be the rule. The ceremonies that must be used, must have three conditions. 1. They must be such as serve for comeliness and order sake, as the Apostle saith, Let all things he done comely and in order. 1. Cor. 14. 40. But the cross in baptism is not such: for if it make a Decorum in the Sacrament, than Christ and his Apostles, and all the reformed Churches of Geneva, Scotland, France, Helvetia, Belgia, Poland, etc. that use it not, must commit an Indecorum, which were absurd to affirm. Thus Peter Pet. Mart. class. 4. c. 9 Martyr disputes against the schoolmen, who affirmed that the word and water Pet. Mar. clas. 4. c. 9 were of the essence of baptism; but the rest that were added, oil, etc. did facere ad honestatem, & decorum Sacramenti, make to the honesting and adorning of the Sacrament. Admit this (saith he) than it will follow, that john and Christ, and the Primitive Church hath baptised indecently, disorderedly, etc. Quia eorum baptismus istis omnibus carebat: Because their baptism wanted all these things. 2. The Ceremonies must not be scandalous and offensive, especially to our 1. Cor. 10. 32. brethren, and to God's Church, but the cross is offensive and scandalous both to other Churches that account it a profanation Szedig. loc. comm. p. 169. of baptism, and to godly and good men at home among ourselves: yea M. Calfeild saith against the Papists, that to cross with the finger is both an idle ceceremony and unlawful to. Calf. in answ. Pet. Mart. loc cit. to the treatise of the cross. art. 2, p. 49. 3. They must not be idle and needless ceremonies, but to such only, as be needful. See the whole Senate of the Apostles conclude in their council. It seemed good to the holy Ghost and to us to Act. 15. 28. lay no burden upon you, praeter necessaria haec, beside these necessary things: but the cross in baptism is not necessary either ad esse to the being, or bene esse, to the well being of the Sacrament not add esse, the very papists confess: nor ad bene esse, because the Sacrament may be well enough Lumb. ut supra. without it, as the very book confesseth in private baptism where no cross is used yet the minister is prescribed to say: I certify you that ye have done well, and according Common book cap. of private bapt. to due order etc. though they have not crossed. Wherefore (most Noble King) 1. seeing the cross in baptism is a departing from the plain & simple institution of our Saviour Christ. 2. it is thrust out of the other Sacrament to which it had as good right as to this. 3. it was idolatrously abused in popery, & hath no necessary use now. 4. it encroacheth upon the very substance of the Sacr. 5. it is but a late device hatched by the Pope. 6. seeing it is not a ceremony pertaining to the decency of a Sacrament. 7 seeing it is scandalous and offensive to many good Christians both preachers and people. Lastly seeing it is an idle and needless ceremony and so not warranted either in genere or in specie either in general or in special terms (as all the true worship of God must be) we most humbly beseech Deu. 4. 2. & 5. 32. your highness in the love you have to preserve the Sacraments of the Lord jesus in such purity as he hath left them, that you will do as good K. Ezekiah did who cleansed the house of God, and carried 2. Chr. 29. 16 out the filth of it into the brook Cedron. 2 Against Interrogatories in Baptism. 1. TO utter an untruth in such a place, & in such a presence, & in such an action so serious cannot be but a great and grievous sin, according to that, thou hast not lied to men but to God. But to say, as the book prescribeth in the Act. 5. 4. Com. Book. cap. of Bapt. name and behalf of the infant: that it believes all the articles of the faith, that it desires, to be baptised into the faith of Christ, is a great untruth, because the little infant neither believeth, nor desireth any such like thing: Nay (as Augustine saith) Aug. Epist. cap. 7. quando ijs Christiana gratia subvenitur vocibus quibus possunt & motibus reluctantur; they show themselves unwilling to be baptized. Therefore to affirm this, It cannot be but a great and grievous sin. 2. That which giveth strength to error and heresy in Christian wisdom ought to be avoided according to that: non pones scandalum coram caeco. Thou shalt not put a stumbling-block before the blind. Leu. 19 14. But to affirm that the child believeth all the articles of the Christian faith, is to give strength to their error that think Rom. 10. 17 Aug. ep. 57 children have faith, which indeed they have not, as both the Scripture showeth, and the Fathers. Therefore in Christian discretion and wisdom this occasion of error is to be avoided. 3. If the Infant be to be baptised into Abraham circumcised his servant as well as his sons. Gen. 17. 13. the faith of the parent, or of some, that will undertake to be as a parent to it, than it sufficeth the father or he that will undertake to be as a parent, to make confession of his faith. The Antecedent is true because as the covenant runs so runs the seal of the covenant, but the covenant is made with the father in the faith of the father not with any relation to the faith of the child, as appeareth by that, I will be thy Gen. 17. 7. God, and the God of thy seed. Therefore it is sufficient for the father, or he that will be in stead of the father, to make confession of his faith, because as the scriptures show, it is the faith of the parents that brings the child, within the compass 1. Cor. 7. 14 of the covenant of grace. Ob. The interrogatories be most ancient. Answ. Antiquity without verity is but vetustas erroris, oldness of error, as Cyprian Cypri. ad Pomp. & lib. 2. ep. 3. speaketh, and again. Non debemus attendere quid aliquis ante nos faciendum putaverit, sed quid qui ante omnes est Christus prior fecerit, neque enim hominis consuetudinem sequi oportet, sed Dei veritatem: we are not to regard what any one hath thought good to do before us, but what Christ did first before all, neither should we follow the custom of men, but the truth of God. Oil in baptism is ancient as appears by Tertullian and Cyprian so is exufflation used of the Church, as Augustine speaks: Tert. de resus. Carn. Cyp. lib. 1. epist 22. Ang. lib 2. the imp. & corrup. c. 18. Ang. lib 1 de pecat. & remis. c. 24. Mald. in joh. toto orb diffusa, in qua ubique omnes baptizandi infantuli exufflantur. And yet the Church of England for good cause hath refused both. In Augustine's time and long before the Sacrament of the Lords Supper was given to Infants. Maldonatus the jesuite confesseth it was so, and that with opinion of necessity that children perished that died without it. And yet the antiquity of this cannot make it good, as being contrary to the doctrine of Paul: Ergo, every thing that is ancient is not 1. Cor. 11. 28. therefore by and by currant. 2. It cannot be proved that the use of interrogatories is most ancient, we read in scripture of interrogatories ministered to Act. 8. 37. Tert. de. spec. c. 4. such as were of years and discretion, as to the Eunuch. Si credis etc. Credo. If thou believest, etc. I believe. And Tertul. saith: aquam ingressi Christianam fidem in suae legis verba profitemur renunciasse nos diabolo ore nostro contestamur. Being to be baptised, we profess the Christian faith according to the words of the law, we solemnly profess with our mouth, that we have renounced the Devil. But of any Interrogatories that were ministered to Infants, we read not at all in the book of God. 3, Though the Father's mention this use, yet that many disliked it even in their times appeareth by Tertullian himself, lib. de bape. who wisheth that infants may be kept till they can make their own answer, lest we promise that for them which they will never perform. And Boniface the BB. moves the doubt to Aug. & argues against it, when the Aug. epist. 23. witnesses say, the infant believes: dicunt eos facere etc. they say they do that which that age is not able to think. 2. If they do believe yet it is a thing unknown to us. 3. If a man should by and by ask the witnesses of the child whether it shall be a thief or no, they will answer they cannot tell, and if they cannot tell this, how can they tell, that it will believe. Augustine a man so learned that he could have helped the cause, if there had been any help in it resolves the matter very weakly: habet fidem. i sacramentum fidei. the infant hath faith. Com. books c. of baptis. i hath the sacrament of faith: And yet by our book, the witnesses are caused to say, it doth believe, and it hath faith before it hath the sacrament of faith: i the water of baptism powered upon it. Therefore Bucer one of their own authors, better resolves the point, showing that it is Buc. lib. 1. de reg. che. c. 5. fittest for those that be of years and discretion to make promise of obedience at the same time when they be baptized. But that children do it after they have been catechized and taught the doctrine of Christ: And so Szegedinus si baptizandus Szeg. de. bap. p. 167. est infans, nec fides, nec fidei confessio ab illo poscatur: absurdum enim est id requirere ab infant, quodnec Deus ipse ab illo requirit, nec ille per aetatem habere nec exprimere potest. Bez. in conf. c. 4. 48. Of the same judgement is Beza. Wherefore (most noble King) 1. Seeing the interrogatories give men occasion to utter an untruth before the Lord. 2. they give strength to their error that think children have faith, which indeed they have not. 3. Seeing the infant is not baptised into his own faith, but into the faith of his father or susceptor. 4. seeing it is ridiculous to say, they do that which in the judgement of any reasonable man they cannot do. 5. seeing the first and best Churches knew them not. Lastly, seeing those Churches that received them, yet had many learned and good men, that upon good grounds disliked them, we trust your Majesty will establish that which shall be more pleasing to God, and better liking to your best affected subjects. 3. Against confirmation. 1. WHere the gift is ceased there the ceremony and the sign must cease also as anointing of the sick used in the Apostles time is now ceased because the miraculous gift of healing is ceased, jam. 1. 14. but the gift of giving the graces of the HOLY GHOST, by imposition of hands is now ceased; as Augustine saith: neque enim temporalibus & sensibilibus miraculis per manus impositionem Aug. lib. 3. de Bapt. c. 16. modo datur spiritus sanctus, sicut antea dabatur etc. And therefore seeing the miraculous gift is ceased, this kind of Imposition of hands which is the sign of it, must cease also: This is Chemnitions' reason against the popish sacrament of confirmation, and so Chemnic. in exam. fid. de. confu. M. Calf. art. 4. treat. of. the cross. likewise that learned man M. Calfield saith, Laying on of hands served to good use then when it pleased God at the instance of the Apostles prayers to confer the visible graces of his spirit: But now there is no such ministry in the Church: now that miracles be ceased to what end should we have this imposition of hands, the sign without the thing. 2. To bring in a new sacrament, beside those two which jesus Christ hath ordained, is utterly unlawful: But confirmation as it is prescribed by the book is made a new sacrament beside those two which jesus Christ ordained: therefore confirmation, as it is prescribed by the book is utterly unlawful. The assumption or second proposition is proved thus. That which is made an outward sign, and seal to assure of God's love and favour, that is made a sacrament in most proper sense, as both the scriptures show and our own articles of religion defining Rom. 4. 11. Arti. relig. 25. the sacraments to be sure witnesses and effectual signs of grace and of God's goodwill to us: but the imposition of BB. hands is made a sign to assure us, of Common. book c. of confirm. God's favour and gracious goodness to us, (so be the words of the book:) therefore it is made a sacrament in most proper sense: But this is unlawful: and therefore this kind of confirmation is unlawful; & yet the poor ministers of Christ, were urged and enjoined under most grievous penalties to subscribe to all. 3 That which is the general duty of all the ministers of the Gospel ought not to be made the particular duty of some few of them. But to confirm Christians in the faith of Christ is the general duty of all the 2. Thess. 3. 2 Ezek: 34. 4 Eph. 4. 12. 13. Hier. ad. luci ministers of the Gospel: as appeareth by the Scriptures. Therefore it ought not to be made the particular duty of some few of them. Hierome saith plainly of confirmation by BB. disce hanc obseruationem potius ad honorem esse sacerdocij quam ad legis necessiaten. Know that this order is rather for the honour of priesthood than necessity of Law. Object. 1. It can not be amiss that BB. pray over the children. Answ. 1. To think the BB. prayers be more holy than any other man's, is superstitious: the scriptures tell us, that if any man be a worshipper of God, the Lord heareth Act. 9 31 him, be he BB. or preacher. 2. they do not only pray over them, but impose hands upon them, that by means thereof they may come. book c. of Confir. receive strength against all the temptations of sin, which is to take that power to them which the Lord never gave them, contrary to that which is written: No Io. 3. 27. man can receive any thing unless it be given him from above. Obj. It is meet that such as be baptised make open profession of their faith, that it may appear how they have profited, and that they may be further confirmed therein. Ans. All this may be done without any such ceremony by diligent catechizing 1. Pet. 22. Act. 20. 32. and teaching in every congregation: and if there needed any confirmation who are more fit to do it, than the pastor of every congregation, who best knoweth the profiting of his sheep. 4. Against baptizing by women. HEre we both agree in the doctrine that women ought not to baptise. Our brethren say, fieri non debuit; women should not have taken upon them Answ. to the petition. p. 11. s. 2. to baptise, but yet exception is taken to our speech. Exception. The book of common prayer doth not prescribe that baptism should be administered Answ. ibid. by women. Answ. Yea but if the book permit it though it do not prescribe it, it is more than true divinity will warrant. Now whether the book seem not to incline that way let it be considered by these reasons. 1. By the book the Priests and Curates are commanded to warn the people, that without great necessity they baptise not children at home in their houses and when great need shall compel them so to do, that then they minister it on this fashion. 2. This same they (they that minister it) is a relative; therefore if they look back to to find the antecedent what will meet us, but (they) whom the Priests and Curates warned not to baptise their children at home: but they whom the Priests and Curates warned not to baptise their children at home, were the people, yea the vulgar people, not ministers: and therefore they that be permitted by the book to baptise, be the people, yea the vulgar people. 3. If the child live it is to be brought to the church by order of the book and there the minister is to examine who baptised it, which were a folly if the minister had done it himself, and further with what words it was baptised, which were as fond if it were baptised by an ordinary minister of our Church. 4. The book prescribeth no more but that they that be present call upon God and use the right form N. I baptise thee etc. so that these two things be observed by the midwife, or whosoever present, the minister is to certify them by order of the book, that they have done well and according to due order. 5. The child is supposed by the book to be baptised by such as happily knew not what they did in that great fear and trouble of mind, but such as be so greatly feared and troubled at such times be not the ministers who have nothing to do in those actions but the wives and such as be present at such times: therefore they be not ministers, but the people yea the very women that be permitted to baptize in such times of necessity. Wherhfore (most noble king.) Seeing the book seemeth to carry this sense and Math. 28. 9 to warrant that which the word of Christ never approved: We most humbly entreat that it may be either quite removed, or better explained. 5. Against the Cap and Surplice. 1. THE Massing garments in popery be no fit garments for the ministers of the Gospel according to that charge of the Lord: you shall pollute Is. 30. 22. the cover of the images and the rich ornaments, etc. and say unto it, get thee hence: and again, hate even the garment spotted by the jude. 21. flesh. Hence it was that jacob when he reform the idolatry of his household, Gen. 35. 2: he made them also to change their garments. But the surplice is one of the massing garments in popery, as both the Protestants Fox. martyr. p. 501. & 853 and popish writers show. M. Fox for the Protestants, who declares, that when a Popish Priest was to be degraded they took away the surplice from him, as one of his priestly garments. For the Papists, Innocentius and Durandus, who bring in the popish Priest so appareled to his Innoc. mist. miss. lib. 1. c. 10. Duran. lib. 3. c. 1. in rational. Mass: therefore it is no fit garment for the ministers of the Gospel. Tertullian confirms this reason, showing that Christians ought not in outward things to conform themselves unto Idolaters, no not in wearing a garland of flowers: Nihil (saith he) dandum est Idolo, sic nec sumendum ab Idolo, si in Idoleio recumbere Tertul. de. corou. milit. alienum est à fide, quid ni Idolei habitu videre? etc. Nothing is to be given to the Idol, so neither to be taken from the Idol: if to sit down in the Idol-temple be strange from the faith, why not to be seen in the Idols habit? 2 That simplicity and plainness which Christ and the Apostles, and the Fathers in the best time of the Church used is fittest and meetest for the ministers of Christ, according to that, From the beginning it was not so, where our Saviour Mat. 19 8. Christ teacheth us to reduce and bring things back to their first original. But our Saviour Christ and the Apostles, and the Fathers in the best and purest times of the Church, had neither cap nor surplice to minister in: Therefore that ancient use is fittest to be retained still: That Christ and his Apostles Luc. 4. 16. had no ministering garments, it appeareth Luk. 4. where our Saviour Christ entered into the Synagogue, and stood up to read, the minister brought him not a surplice, but a book. And when Paul and Barnabas entered into the Synagogue, and Act. 13. 36. the Ruler sent to them to preach, they stood up without any more ado. P. Martyr Pet. Mart. clas. 4. c. 1. is clear for this: Papists (saith he) despise us, because we have no priestly garments, when Christ & his Apostles had none neither. So likewise Epi. ad Hooper, Defence of Apol. p. 401 Walfr. de exord. & in ca Eccles. c. 24 B. jewel brings authorities to prove it, Walafridus and others, to show that the Massing garments came in by little and little: So at first men celebrated in common apparel, as certain of the East Churches are said to do at this day. M. Fox Mart. p. 5. Fox likewise saith, That in the Apostles time little regard was had of days, or meats, or apparel, etc. And therefore seeing Christ used no distinction of apparel, herein we desire but to be like our master. 3. That which doth not add grace and comeliness to the ministry of the Gospel, but maketh it ridiculous, is to be removed: But so do the Cap and Surplice; it makes the minister of the Gospel ridiculous: for first it brings him in like a Popish priest. Elias was known to be a 2. King. 1. 8. Prophet because he went like a Prophet, i. in a Prophet's garment: so if men would have the people take us for Ministers of the Gospel, why be we still appareled like Popish priests. Secondly, this kind of white apparel is now grown into disgrace in our Churches, because none but harlots that do penance, come so attired into the congregation, and therefore seeing the surplice doth not add any grace unto the Minister of the Gospel, but maketh him ridiculous, it is therefore clear that it is to be removed. 4 That kind of garment which procureth scruple of conscience to diverse that wear it, offence to many good Christians that behold it, comfort to the Papists that love it, loss to the Church of the labours of many worthy men, ought not to be used. But such is the surplice, as daily experience teacheth. Therefore it is not to be used 1. Obj. To leave every man to his own Answ. to the Petit. p. 11. sect. 3. liberty implies confusion. Answ. No confusion at all: for if our brethren will hold them to their own grounds, if the surplice be not urged by Princely authority, they may not use it: for when the learned man whom they term T. C. had demanded why the Bishop Thomas Cartwright. Synod. Loud. anno 1571. cap. de Decanis. Doct. Whit. p. 283. in the Synod Anno 1571. had taken away the grey Amice, as a garment spotted with superstition, and left the surplice which had been more filthily abused in Popery, the Reverend Archbishop replies, that the Bishop took it away because it was not established by any law of this land. And sith herein in our mind the Bishop did well in it, that they will not suffer any rite or ornament to be used in this Church, but such only as are by public authority established, and therefore as we say, if they will stick to their own grounds, if the king do not urge the surplice by law, they must not use it. 2. Obj. Do not their own words import, Answ. to the petit. p. 11. that they may be well used so they be not urged. Answ. 1. That they may be used is one thing, that they may be well used is another. Many things may be tolerated, which cannot be justified. 2. The consequent is not good: for if they be not urged by authority, than they may not be used, as before is showed. 3. Obj. What is there in the Cap or Surplice Answ. ibid. that should offend any man of judgement? Bucer, P. Martyr, Augustine, Calvin. Answ. Then be like our brethren take all that be offended at the surplice to be men of no judgement. Rev. jewel, a man as of more learning, so of more modesty Defence Apol p. 399. & love, confesseth that there were godly learned men that refused the apparel and that they had their grounds, and reasons from authority to do so: and our present Arch. BB. professeth there were some that never received the apparel, whom (saith ibid. p. 400. Doct. Whit. pag. 289. he) I for my part have always reverenced, and do reverence not only for their singular virtue and learning; but for their modesty also. Peter Martyr their own author, Pet. Mart. ep. 3. amico cuidam. resolveth, that though the surplice may be tolerated till things become to some stay, yet it were much better that it were removed: I (saith he) writing to a friend in England) think as you do, that these things being indifferent of themselves make not a man either good or bad, but as you also think, so I think it more convenient, that that garment, and many things of that kind, cum fieri commode, poterit auferuntur. i. that when conveniently it may be done they be removed: & in the same epistle here quoted, I like well (saith he) if you desire that Christian religion should aspire again to chaste & simple pureness: for what should all godly men more wish for: and to speak of myself, I hardly suffer myself to be drawn from that simple & pure use, which we all long used at Strasburgh, where difference of apparel in regard of the ministry was taken away, that manner as being the plainer, and especially savouring of the Apostolic Churches: I have always approved above all others, and I pray God that it may be long continued there, and wheresoever the Church of Christ is restored, it may at length be received: and therefore if the matter may pass upon this worthy man's verdict, we shall soon agree. Hemingius shows, that the ministers Clas. 3. c. 16 of the Gospel in these parts utterly refused the surplice, because although the thing in itself were indifferent, yet the abominable abuse of it in popery had made it not indifferent. Osiander speaking of popish garments Cent. 3. lib. 3. c. 14. brought in by a false decree of Steven, Quod (saith he) profecto nihil aliud est, quam umbras leviticas in clara luce Evangelij in Ecclesiam stulte reducere, et ex Christianis hac quidem in part judaeos facere. Which in truth is nothing else then to bring into the Church shadows in the clear light of the Gospel, and to make in this respect of Christians jews. As for Augustine and Calvin they only affirm against the Anabaptists, and their like, that some things used by idolaters and heathens may be used of Christians, namely such things as have a necessary and honest use, as we may use the same Churches, Bells, pulpits, that were used in popery, but to infer of this, that therefore we may use the Surplice, is as weak a reason, as if a man should gather that therefore we may use all the other trash, Augustine resolveth well: Egiptij (saith he) they had Aug. l. 2. de Doct. Christ. cap. 40. their idola & onera their idols and their burdens. And they had also vasa & ornamenta vessels & ornaments of gold, silver. etc. The I sraelits abhorred their Idols and their burdens, but their vessels and their ornaments of gold and silver they turned to a better use: he shows his meaning after, that Idolaters and heathens have some profitable, and good things, and those we may use; and they have some Idolatrous and burdenous things, and those we may not use, in which number because the surplice is, therefore by S. Augustine rule, we may not use it. Wherhfore (most noble king) seeing the surplice is one of the massing garments in popery, an habit not beseeming the Ministers of the Gospel. 2. seeing Christ and his Apostles and the Fathers in the better times of the Church made no distinction in apparel. 3. Seeing it doth not grace the ministry, but make it ridiculous to the people. 4. Seeing it offendeth the Protestant, and gives heart unto the Papist. 5. Seeing the grey Amice and other Popish garments are gone that could have made as good a plea for themselves as the Surplice can. 6. Seeing men of excellent learning and judgement, in sundry Christian kingdoms reform, have disliked it as coming too near to the Popish fashion: we trust your Princely Majesty tendering the distress of your Preachers, the peace of the Church, and the edification of your people, will remove this stumbling-block, that a number of faithful and good labourers either extruded or discouraged by such occasions, may return again unto the Lords work. 6 For examination before the communion. THat examination say they) where need Answ. to the petit. p. 11. is, should go before the communion, who disliketh? And to have it where no need is, who requireth? Therefore let us rest in this: not so neither, but two exceptions be taken to our speech. Except. 1. That none should be admitted Answ. ibid. to the blessed Sacrament, of what state or condition soever he be, except they were first examined, were injurious, etc. Answ. Then this is our brethren's meaning, that though there be need, yet if he be an old man, or a man of any wealth or account, though there be need, and the man never so ignorant, blockish, and profane, yet it is injurious & inconvenient to take any trial of him; as if a man because he is old, or rich, or beareth some sway, may therefore come still to his judgement, or as if we could be so excused 1. Cor. 11. 29. Mat. 24. 45 before God for giving the bread of the household to such as in our conscience and knowledge belong not to it, only because they are old and rich. Our master chargeth us without distinction, Mat. 7. 6. Give not that which is holy unto Dogs. Chrysostom hath a goodly saying: If (saith Chris. hom. 83. in Mat. he) the keeping of a most clear and sweet fountain were committed to thee for thy sheep to drink at, and a sort of swine should come to puddle it, and to foul it with their feet, wouldst not thou restrain them? wouldst thou suffer them to descend into it? Behold, not a fountain of water, but a fountain of the blood & of the Spirit of Christ, is committed to thy keeping, and wilt thou suffer wicked & vile sinners to descend into it & pollute it? And so he concludes: If thou darest not prohibit the unworthy, Dicito mihi, etc. sanguinem meum profundi potius patiar, quam ●● the place. sacratissimum illum sanguinem praeterquam digno concedam. I had rather suffer mine own blood to be powered out, than that most holy blood of Christ should be given to any unworthy person. Bucer doth much complain of the neglect of this, that some lib. 1. de regn. Christ. c. 4. ministers will let all come to avoid their own trouble, etc. The place is worth reading: yea, our own Bishops have decreed speaking of the minister, Ad mysteriorum Synod. land an. 1571. cap. cancal. communionem neminem admittet, qui catechismum & articulos fidei non didicerit. He shall admit none to the partaking of these mysteries, etc. which hath not learned the Catechism and Articles of faith. And again, in catechismo instituant, & omnes suos omnium aetatum atque ordinum non tantum puellas & pueros, sed etiam si opus est grandiores. Let them instruct in the catechism all theirs, of all ages and degrees, not only boys and girls, but even the elder sort also if there be need. 2. Except. To examine every man, etc. Answ. to the petit p. 12. sect. 4. after the Consistorian fashion, were insolent. Answ. Surely too many of us be too well acquainted with the Consistory fashion, and we think it a proud fashion indeed, to bring our dear brethren, redeemed with the precious price of the blood of Christ, and borne continually in the hands of Angels to stand like poor prisoners at the bar as some have done, for the omitting the cross and surplice. Nay, God forbidden, let it be far from the soul, and from the thought of every one of us: we will be the servants of the Church, and as Abigail said, so we 2. Cor. 4. 5. 1. Sam. 25. 41. joh. 13. 14. say in the humility of our hearts, that we will be ready to stoop down to wash the feet of the meanest servant of our Lord and Master. Wherhfore to think that because that which we move for, may not be done in pride, in insolency, with contempt of our brethren, that therefore it may not be done at all, no not in humility, in meekness, in tenderness, and love, is to reason as if men had made a fray with their wits. And therefore seeing the matter is confessed to be needful, and exceptions to the manner are found to be frivoulous, we most humbly entreat your most excellent Majesty that Pastors may be charged to examine their people before they come to the communion, & so to prepare them to come with comfort, as the levites in the 2. Chr. 35. 6 Law sanctified & prepared their brethren. 7. For a Sermon before the Communion. HErein also we both consent, unless Answ. to the petiT. p. 11. sect. 4. our brethren deceive us with ambiguous words no body say they disliketh, that it be ministered with a sermon, yet here also two exceptions are taken. 1. Exc. It is absurd to think it should not be Answ. ibid. ministered without a sermon, and hath bred in many a vain and false opinion as if not the word of Christ's institution, but rather the word of the ministers exposition were a necessary and essential part of the Communion. Answ. The ignorance of our people considered, the shortness of men's memories especially in good matters, the deadness & coldness of the greatest part, unless they have some good means to stir them up, and even as it were to carry and bear up their hearts to God, it is not only convenient, but very expedient, yea and necessary too, if possibly it may be, that at every communion there should be a sermon, there is not a better time to work upon a people, then when the ground is, as we may say, ready to eat up the seed from the hand of the sour: this is that which S. Paul speaks of, to preach in season 2. Tim. 4. 1 and that which our Lord commends to give the portion of meat in fit time. This was the practice of john Baptist, of Christ Mat. 24. 45 Mar. 14. Mat. 28. 19 Act. 2. 22. & 20. 7. and the Apostles who continually joined the word and the Sacraments together. It is true, it may be a true sacrament without a sermon at the instant, because the Sacraments do not only seal that which we learn then, but all the merciful and good promises of life and grace which we have heard before; yet because the Sacrament Rom. 4. 11. is more fruitful and effectual unto us, when it hath the ministry of the word annexed to quicken it, and to give life to it, by renewing the promises of God, and stirring us up to lay hands upon them. Therefore in consideration hereof, it is earnestly to be wished that the word and the Sacraments may still go hand in hand together. We hope, nay we know University men be not to learn to know, That aliud est sacramentum aliud est vis sacramenti. The sacrament is one thing and the virtue of the sacrament is another. Or as Augustine speaks in another Aug. tract. 26. in joan. & lib. 4 de Bapt. c. 17. place: Aliud est habere, aliud est utiliter habere. And therefore though it be a sacrament without a sermon, yet the preaching of the word makes it a more profitable sacrament, more fruitful and more effectual to the receivers. Except. He that readeth our Communion Answ. to the petit. p. 11. sect. 4. book shall see that therein the whole manner, end and use of that holy institution is so excellently described as may be in stead of many sermons. Answ. That which was reached us with the right hand, is here pulled away from us with the left. The communion book (say they) may be instead of many sermons. The learnedst divines in this Land (and we (as they say,) have the best in Christendom,) can preach but one sermon at once, and therefore if this be so that the book may be in stead of many sermons the dumb minister with his Communion book shall be better able to prepare a people for the Sacrament, the the learnedst divine in all Christendom with his sermon. And is not this goodly stuff. Our reverent Bishops as it seems, were not so deeply conceited of the book and therefore they decreed in their Synod: si tempore sacrae communionis Synod. Lond. anno 1571. nulla erit concio de scripto & è pulpito, pronuntiabit unam aliquam ex homilijs etc. here there must be a sermon or an homily to help out the book, a sermon, if it may be: and therefore in the judgement of these learned men, the book may not suffice in stead of many sermons. Godly Bucer one of their own authors would Bucer de reg. Christ. l. 3. c. 7. p. 57 have King Edward establish it as a Law in this Land, that before the communion the Scripture be not only read, but also expounded to the people: and sure (as we take it) there is reason for it, for howsoever there be some good things in the book, yet they may not be matched with preaching. 1. because preaching is the most effectual means whereby God worketh conversion in his people, as the Apostle saith: It pleased God through 1. Cor. 1. 21 the foolishness of preaching to save the believers. 2. The doctrine of the book is always one and the same, but the doctrine Mat. 15. 39 of the preacher, may be varied. The doctrine of the book is general, but the doctrine of the preacher may be fitted 2. Tim. 2. 15. in particular, as he sees occasion: and therefore howsoever the book may be good, yet in the judgement of any reasonable man, preaching must needs be better. Wherefore (most noble king) we trust your highness so well acquainted with the ways of God, and all the means of life and comfort, will establish that, which in the judgement of any feeling Christian, is the fittest. 8, Against the name of Priests, 1. THat distinction which the holy Ghost hath constantly retained in all the new Testament between the Priests of the law and the ministers of the Gospel, that distinction must we retain if we will speak the language of Canaan, and Esay. 19 18 Neh. 13. 24. not as the children did in Nehemias' time half in the speech of Ashdod and half in the language of the jews. But the holy Ghost hath constantly retained this distinction in all the new Testament between the Priests of the Law, and the ministers of the Gospel. Therefore if we will speak as the holy Ghost hath taught us, we must retain this distinction. The assumption or second proposition hath all authority to confirm it. 1. the Phil. 1. 1. Ex. 4. 11. Doct. Fulk. answ. to the hand. c. 6. Scripture itself. 2. the judgement of our best divines. Doctor Fulke, because (saith he) the Scriptures calleth the ministers of the new Testament by diverse other names of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (Priests) we thought it necessary to observe that distinction, which we see the holy Ghost hath so precisely observed. And again showing why the ministers of the Gospel be never called Priests in any one translation of our Bibles: It is reason (saith he) we should retain that disserence of names of the ibid. ministers of both the Testaments, which the holy Ghost doth always observe. Doctor D. Whit. against. Reyn. c. 4. 199. Whitakers saith, Christ committed his Church to be ruled by Pastors, and Bishops for ever, and not to Priests. And after: whereas their office is declared diversely in great variety of names, yet is this name of Priests never once given them in any Gospel, Epistle, or book of the new Testament. D. Reynolds saith, our language doth D. Reynold cons. Hart. p. 538. mean by priests, sacrificers, which in the Apostles language are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and they never gave the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Pastors of the Christian Church, it followeth that they gave them not the name of Priests. 3. The papists themselves confess, yea Ballar. l. 3. de Rom. Pont. c. 18. Bellar. saith Apostoli in scriptures nunquam vocant sacerdotes Christianos, sacerdotes: sed solum Episcopos & presbyteros. The Apostles in the scriptuers never call Christian Priests by the name of priests, but only by the name of bishops and Presbytrs or Eders. And elsewhere Lib. 3. the sanct. invoc. cap. 4 he gives the reason to be this, to distinguish them from the levitical priests, and therefore seeing the holy ghost hath constantly kept this distinction of names between the Priests of the Law and the ministers of the Gospel we may not confound them. 2. The Royalties of our Lord jesus Esay. 42. 8. both in his offices, and in his titles are to be preserved whole and entire to him upon which no man without the Lords own grant may presume to enter. But it is one of the royalties of our Lord jesus to be the sole and the only Priest of the new Testament, and so to be termed according to that: he holdeth Heb. 7. 24. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. such priesthood, as can not pass to another, either for name or nature, so that Augustine: saith Aug. lib. de conf. Evang. cap. 3. D. Whit. against Reyn. c. 4. p. 42. well: Dominus jesus Christus unus verus Rex, & unus verus sacerdos. The Lord jesus Christ is only true king, and only true Priest And D. Whitakers: Christ hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. such a Priesthood as cannot pass to another, but abideth only with himself, whereof it doth invincibly and necessarily ensue, that the only Priest of the new Testament is jesus Christ. Therefore this being one of the Royalties of our Lord jesus ought to be preserved whole and entire to him. 3. Where there is a distinction in the things there must also be a distinction in the names according to that of Tertul. fides nominum, salus est proprietatum: to keep De carn. Chr. p. 19 the names right, is a good means to keep the things right. But there is a large and a wide distinction between the callings and the functions of the ministers of the Gospel, and the popish Priests. Therefore there ought also to be a distinction in their names. This reason Doctor Fulk presseth, against the Papists, seeing the holy Ghost had made such a broad difference between the D. Fulk. ans. to Hard. c. 6 names, and offices of the Priests of the Law and the ministers of the Gospel: those ancient Fathers that confounded those names, which the spirit of God will have to be distinct cannot be excused. 4. The name of priest in our Language is appropriated to signify no thing but a sacrificer: so our best writers affirm: tindal, Tynd. of the obed. of Chr. Fulk. loc. cit. D. Fulke: [the name of Priest is commonly taken to signify a sacrificer which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in greek, and Sacerdos in Latin: By which names the ministers of the Gospel, are never called by the holy Ghost:] so Doctor Reynolds: the custom of our English Reyn. loc. cit. speech hath made the name of Priests proper to a man appointed to sacrifice: But the ministers of the Gospel cannot truly be Heb. 10. 10 called sacrificers, because they have no body and outward sacrifice to offer. Therefore they cannot in true sense be called Priests. 5. To call the ministers of the Gospel by such a name, as is never read in the new Testament, is to put a scruple into the people's heads, that our calling and office hath no ground, nor warrant in the word of God. But to call them by the name of Priests is to call them by such a name, as is never read in the new Testament, in this sense as hath been showed. Therefore to call them by this name is to put a scruple into the people's heads that our calling and office hath no ground in the word of God. But this we may not, Ergo. 1. Object. Es. 66. 21. where the Geneva Answ. to the petition p. 12. sect. 5. note doth show that the ministers of the new Testament, are to be termed Priests. Answ. We had need make much of this Scripture: it is the only place, that is alleged in all the book in any matter of question: the very same prophet would have taught them better: ad legem & testimonium &c. But to the point: Esay doth not say they shall be called Priests, Esay. 8. 20. but they shall be taken 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. into the place, and into the room of Priests. i. to execute the same office and ministery of teaching and preaching in the new Testament, that the legal Priests did in the old: for nothing is more usual in the Prophets then figuratly under terms of the legal service Deut. 33. 10 to set out the service and worship that was to be used in the Gospel, as ibid. there shall be an altar of the Lord in the midst of the land of Egypt, & yet we may not gather Esay 19 19 thence (as our brethren's logic will infer) that therefore the Lords table must be called an Altar, and not a Table, there be infinite examples to this effect. Now that Esay speaks not of the name of Priests, 1. Cor. 10. 21. may appear thus: 1. Esay speaks of Luke and Timothy, and Titus, the first preachers of the Gentiles: so saith the Geneva note which is alleged. But they as we heard before, were never called Priests. Therefore Esay doth not here speak of the name of Priests. 2. If our brethren's sense be good, than the Ministers of the Gospel may well be called Sacerdotes, Sacrificers, D. Fulk ans. to Hard. c. 5. for so is the Hebrew, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But thus they may not be called, therefore this cannot be the sense. 3. If by this place of Esay the preachers of the Gospel may be called Priests, then by the same reason they may be called Levits: for the words be thus: Of them I will take for Priests and Levits. But this were too too jewish, and therefore as we said, Esay only means, they shall have the same place and office in the teaching of the Gospel, that the Priests and the Levits had in the teaching of the Law: and this also is the plain meaning of the Geneva note. 2. Obj. These terms be justified by diverse pag. 12. s. 5. of our learned Divines. Answ. Our best learned Divines are so far from justifying them, that they condemn them. D. Reynolds saith, Sith Conf. c. 8. s. 5. p. 619. the name of Priests have relation to Sacrifice, etc. the charge of the Lord not to lay a stumbling-block, might have removed that name from the ministers of the Gospel, as the name of My Baal, Hos. 2. 16. with him our learned men consent, D. Fulke, Whitakers, and the rest: yea some of us can remember since that Reverend In Act. 14. in Test. Rhem. Whit. ut sup. Father D. Heton, being then Vicechauncellor of Oxford, two jesuits were brought to the Assizes to be arraigned for treason: the Doctor being requested by the honourable Bench to speak something to them, stood up and demanded of the jesuits what they were: They answered, that they were Priests. Why, said he, there be but two approved orders of Priests that I can read of in the Scriptures, the order of Aaron, and the order of Melchisedecke: I pray you of what order are you Priests? After some pause, one of them answered, they were Priests after the order of Melchisedeck. Nay (said the Doctor) that ye be not; for Melchisedeck had neither beginning of his days, nor end of his life: but you both have had a beginning of your days, and I believe shortly for your treason will have an end of your lives also; and therefore ye cannot be Priests after that order. With this the poor Priests were dashed: the people laughed, and the Doctor was much commended. And if the new vicechancellor have found out a third kind of priesthood, which the old Vicechancellor never heard of, they may do well to inform him of it at their leisure: for our parts we must assent unto the Doctor, that there be no other priests approved in the word of God, but after one of these two orders, and therefore the Ministers of the Church of England being priests after neither order, must leave the priesthood of the new Testament solely and entirely to the Son of God, and content themselves with those titles and names of Pastors, Preachers, Ministers, Elders, etc. wherewith the wisdom of the Holy Ghost hath endowed them. 3. Object. A Priest comes of presbyter: But the ministers of the Gospel are called presbyteri. Ergo they may be called Priests: Answ. We hope men are not to learn now that words are not to be taken according to their derivation, but according to their use, for an Idiot in our speech cometh from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: And yet he that should say the Apostles might be well termed idiots because they are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, would prove himself little Act. 4. 13. Col. 1. 1. less: so likewise a friar comes of frater, And yet he that should argue that therefore the ministers of the Gospel may be called friars because they are called fratres, should make but a friar-like conclusion. Thomas Aquinas might have taught Aquin. 22. qu. 91. art. 1. 2. men this, that aliud est etymologia nominis aliud est significatio. The derivation of a name is one thing and the signification another, yea Aristotle can show us that verba significant ad placitum. i. they signify not of Arist. peripa- 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. lib. 1. themselves, but accordingly as people consent and agree to use them, but the name of Priest by common use of our people, is taken up to signify a sacrificer, ut supra. And therefore we say of the name of Priests, as Augustine saith of the name of fatum which some expounded in a good Aug. lib. 5. de civ. Dei. c. 1. sense, sententiam teneat, linguam corrigat. Let him hold his meaning, but let him mend his speech. Wherhfore (most oble King) 1. seeing the holy Ghost, who should be the framer of a Christians tongue hath kept a continual distinction between the Priests of the Law and the ministers of the Gospel. 2. seeing it is one of the royalties of the son of God to be accounted, and so called the only Priest of the new Testament. 3. seeing in our office and ministry we quite differ from the popish Priests and so should differ in our names also. 4. seeing the name of a Priest in our language imports a sacrificer, which no man of judgement will say is a fit name for a minister of the Gospel. 5. seeing it leaves a scruple in the people's heads. 6. seeing the soundest and the best divines in the land have disliked the title. We therefore beseech your most excellent Majesty to take away the Pope's livery from us, and to bestow upon us by your princely laws those names and titles, which the holy Ghost in great wisdom hath assigned us. No doubt but to be continual looking glasses and remembrances of our duty. Against the Ring in Marriage. THat there may be a civil use of the ring in Marriage we make no question: good divines approve it. At Buc. loc. cit. Szeg. loc. come. p. 174. Pisc. ib Mat. 23. 17. Nic. ad resp. Bul. c. 30. q. 5. first it was used in the matrimonial contract, as appeareth by that in the decrees: postquam arrhis sponsam sibi sponsus per digitum fidei annulo insignitum desponderit etc. aut mox aut apto tempore etc. ambo ad nuptialia foedera perducantur. After that in pledge the bridegroom have espoused unto himself the bride, by putting upon her finger the ring of promise etc. either immediately after, or in convenient time, let them both be brought forth to the marriage bond. And if it had been so used still, we know no body that would have disliked it, but to bring every human invention into the Church of God and there, to offer it up to God in prayer, maketh us to renew that complaint of Aug. ep. 119 ad januar. Augustine. Ipsam religionem, quam paucissimis celebrationem sacramentis misericordia Dei liberam esse voluit, servilibus oneribus ita premunt, ut tolerabilior sit conditio judaeorum, etc. That religion which God in mercy would have to be celebrated in a very few Sacraments, they so loaden with servile burdens, as that the condition of the jews is more tolerable. Beside the words that be used with it be so strange in our language, (with this ring I the wed, with my body I thee worship) etc. that no man can make any sense of them in true congruity, and though happily there may be some far fetched meaning of the words, yet there is not one of a thousand among our people, that understands the meaning thereof: and who willingly in an action so frequent & of that moment will make people speak so, as the one shall not understand the other. 10. Against longsomeness of Service. THat which serveth to the most edification and building up of the people of God, that must especially be 1 Cor. 14. 4, 5. Act. 20. 32. Eph. 4. 12. regarded in the Church assemblies. But preaching doth much more edify and build up the people of God, than this same long service. Therefore it must rather be respected. Ambrose said well upon these words: let Ambr. in 1. Cor. 14 them speak by two or three, viz. Ne occuparent diem linguis loquentes & eorum interprete, & non haberent tempus prophetae Scripturas discernendi, qui sunt totias Eccl. illuminatores. Let not them speak witb tongues, and their interpreters take up the day, so that the Prophets which are the light of the whole Church have no time to open the Scriptures. 2. It is a rule in divinity that of two good duties, if a man cannot do both in Math. 12. 7 christian wisdom, he must do the better: So the Lord saith: I will have mercy and not sacrifice: And the Apostle saith: Christ 1. Cor. 1. 17. sent me not to baptise, but to preach. Now which of these two is the better (we mean not in itself, but in regard of the edification of God's Church) Let the scriptures decide: Come, let us go up to house of the Lord. And for what especially, Is. 2. 3 and chiefly? Ipse docebit nos vias suas, the especial end is to know the ways of God. Bucer upon these words saith: Precipuum opus indicatur veri christiani coetus sincera Lib. 1. de reg Christ. c. 3. doctrina & eius prompta obedientia. The principal work of the true Christian congregation is noted to be sincere doctrine & the ready obedience thereof. See Gratians gloss Grat. 1. 9 1. sect. Interrogo. Therefore seeing preaching is the better, when a man either through weakness of body, or want of time cannot do both, we take him bound to do the better i to preach to the people. 3. That which maketh the minister unfit to preach and the people unfit to hear is to be amended. But so doth the Opus tripart. lib. 3. c. 1. same long and tedious service, opus tripart. In many Churches they read so long, as scarcely any heareth all, and if any stay there they commonly fall a sleep: bonum ergo fuit, ut ita temperatae lectiones legantur in matutini, ut fragilitas humana prae taedio non recedat. Synod. It was good, that the lessons should be read in that order in morning prayer, that men's frailty be not wearied with Synod. Ang. c. 8. the tediousness. Augustine saith: ut nimia festinatio in missae lectione religiosas aures offendit, ita incongrua prolixitas fastidium generat, me diocritatem igitur commendamus. As the huddling in reading the mass offendeth the ears, so excessive tediousness is irckesome, whereas a mean between botb is commendable. Therefore this abuse ought to be amended. 1. Object. This well befits these men's great devotion. Answ. If this argue want of devotion Answ. to the pet. p. 12. sect 6. in us, to abridge the longsomeness of Church service for preaching, then surely the Doctors and Proctors and heads of houses in Oxford want devotion among whom no thing is more usual in their Colleges, then to abridge the prayers to go to S. Mary's to the sermon. 2. Again, this is such divinity, as we never heard of to place all devotion in long prayer: the Pharisees were Luc. 21. 47 Aug. de heres c. 57 Math. 6. 9 of this mind, and Enchits of old, and the Monks, and friars of late; But our Saviour Christ belike measured devotion by some other rule, who taught his disciples so short a prayer. The humble publican said Luc. 11. 13 no more but this, God be merciful to me a sinner. Platina writes of the Apostles that they did consecrare ad solam dominicam So Gregor. lib. 7. epist. 63. orationem: he means they had no other set prayer: then the Lords prayer. What shall we think they wanted devotion also Augustine writes of the religious men in Egypt: dicuntur fraters in Egipto crebras quidem Epist. 121. habere orationes, sed eas tamen brovissimas & raptim quodammodo iaculatas. The Religious men in Egypt are said to have frequent prayers but the same very short, and as it were by sudden ejaculations. This we speak Ast. 13. 15. On S. Michael's day the epist. is Rev. 12. 7. there was a battle in heaven Michael etc. as if this Michael sighing for the church were not Christ. but an Angel. p. 12. s. 7. not to condemn long prayer when occasion serveth. but to show, that even they that use shorter prayers may be devout. 3. Beside all that we desire to be abridged, is not prayer, but a number of Scriptures unhandsomely shredded and pared from the rest, many times neither fitly sorted, as the lectures of the law and Prophets were, nor truly applied to the present purpose. 2. Object. Some of these preachers spend almost an bower in senseless, and inconsequent prayer. Answ. 1. If devotion be measured by our brethren's rule, than belike those men be full of devotion, for they pray long. 2. If some spend the time in senseless and inconsequent prayer, what doth this prejudice those faithful and good teachers, that spend it better? 3. Obj. From this dislike of all set and stinted from of prayer etc. Ibid. Ans. Do the Petitioners dislike all set and stinted form of prayer? do they Untruths diverse. condemn the saying of the Lords prayer? do they refuse to use it? who told them so? In the beginning of their book they say, we mask under unknown names, and yet now they can tell that we dislike all set & stinted form of prayer, that some of us omit the Lords prayer, and some of us refuse to use it; these be the strangest men we have heard of, who though they know not a man, nor his dwelling, nor his country, yet they can tell what prayers he useth in his Church. Nay they can tell his secret thoughts, that though he use the communion book, yet he disliketh all set and stinted kind of prayers. But that our brethren would willingly blindfold themselves to traduce us: they might have well conceived by our words, that we dislike not all kind of set prayer, because we desire not to have the service removed but to have it abridged. Wherhfore (most noble King,) 1. seeing preaching serveth most to the edification of the Church. 2. when both cannot be done, the long prayer, and the preaching, it is Christian wisdom to do the better. 3. Seeing the practice of both our Universities gives liberty this way. 4. Seeing nothing but mocks and untrue tales be opposed against it, we must renew our humble suit to your highness, that the long and tedious service be abridged, where there be preachers that be able with their faithful and godly labours to take up the time better. 11. Against the abuse of Church songs and Music. WHETHER our brethren yield to this or no, we know not, they have so pleased themselves in a conceit of our moderation and the kings great devotion (as they term it) in hearing the Organs, that they forget to tell us their resolution: therefore we will justify the equity of our request. 1. In the Church of God nothing aught to be done, but that which serves to edification: this is Paul's rule. 1. Cor. 14. 26. But the Church Music and songs, as they be now used in Cathedral Churches, and some Colleges with Organs and descant forward and backward serve not to edification. Therefore it ought not to be permitted in the Church of God. The assumption or second proposition is proved thus. If the Latin service in popery served to no edification, because the greatest part understood not that which was spoken, then also this theatrical music, wherein the greatest part understand no thing, serveth so Aug. terms it in psal. 32. come. c. 1. Class. 3. c. 13 s. 29. to as little. Peter Martyr one of their own authors approveth this, nec iure potest (saith he) retineri fracta illa & Confragosa musica, qua ita detinentur astantes ut verba etiamsi velint percipere minimè queant. That broken and chanting Music, by which the standers by cannot, though they would understand the meaning of the words ought not to be retained. And so even popish Aquinas: Aquin. 22. qu. 91. art. 2 huiusmodi musica instrumenta magis animum movent ad delectationem, quam per ea formetur interius bona dispositio. These musical justruments do rather affect the mind with delight then further any good dissposition in him. And therefore, as he saith the Church used not them. Consil. Aquisgran. Conci. Aquis. con. 137. Decreed well, Psalmi in Ecclesia non cursim & excelsis inordinatis aut intemperatis vocibus, sed plane & dilucide & cum compunctione cordis recitentur, ut & cantantium mens illorum dulcedine pascatur & audientium aures pronunciatione demulceantur. Let not the Psalms in the Church be hurried over or sung with loud, and strained throats but plainly and distinctly, with feeling of the heart; so as both the mind of the singer may be fed with the melody, and the ears of the hearers refreshed with the words. 2. That which draweth down the mind from meditation and heavenly contemplation to sensual and carnal delight, is not fit to be used in the house of God, where all our affections are rather to be mounted, and to be lifted up. But so doth the same light and theatrical kind of music. Therefore it is not to be used in the Church of God. This reason hath both protestant and popish writers to approve it. Peter Martyr saith, Loc. cit. If we should see at this day Christian people run to the Church as it were to a theatre to delight themselves with music and songs, (as they daily do at Paul's church when the Organs and the anthems be sung) abstinendum potius esset a re non necessaria: we should rather abstain from a thing not needful then by occasion thereof hazard the souls of the comers. So likewise Thomas Aquinas resolveth in his Aquin. ut supra. sum. 3. To bring in any part of the Levitical service into the Church of Christ is utterly Heb. 7. 12. unlawful, as the Apostle shows- But this kind of music by Organs and Instruments was a part of Levitical service. Therefore it is utterly unlawful in 2 Chr. 29. 25. Bez. in colloq mompelg. part. 2. p. 36. Aquin. 22. q. 91. art. 2. arg. 4. the Church of Christ. Beza not only urgeth this, but that deep divine, as they take him, Aquinas saith, the Church doth not receive Musical instruments to praise God with, ne videatur iudaizare, Lest she seem to judaize. And he gives good reason, why the jews under the Law had such music, and Christians have none 1. because in the old Ibid. ad 4. law the people were more carnal. And the second, because these instruments did figure some things to come, namely the spiritual joy, which we have in Christ. 4. That which Christ and the Apostles, and all the godly Fathers of the Church for six hundred years together thought to be the fittest, and meetest music for the Church, that must we think to be fittest, unless we think to be wiser than they. But Christ and the Apostles and all the godly fathers of the Church for 600. years and more have taken plain voice music, and not this kind of music by Organs and descant to be the fittest and meetest for God's service, as appeareth by their practice, and precepts, Math. 26. 30. Col, 3. 16. Pliny saith of the first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plin. apud Euseb. lib. 3. cap. 30. Aug. lib. 10. canf. c. 33. Christians, that they did ante lucanos hymnos Christo Deo canere. Sing Psalms to Christ the Lord in the morning before day, And Augustine reporteth of Athanasius: tam modico flexu vocis faciebat sonare lectorem Psalmi, ut pronuntianti vicinior esset, quam canenti: He made the reader of the Psalms vary his voice so little, that he seemed rather to speak then to sing. And Hierome dislikes, that such as sing in the jerom. epist. ad Epiphan, dist. 82. Church should stretch their mouth and throat, as though they were at a play: And therefore this plain voice music is fittest to be used in the service of God. 1. Object. just. martyr cue, 107. and Answ. to the pet. p. 12. Augustine. lib. 10. c. 11. allow music. Answ. But what kind of music do they allow: Organs and curious prick sung?. Augustine speaks but of singing of Aug. lib. 9 confess. c. 6. & 7. & Epist. 119. c. 18. psalms as may appear in many places, that liquida voce with a clear plain voice, & convenientissma modulatione a most fit and seemly tune: for else where he professeth, that where as some had brought In. Psal. 32. come. 1. in the use of the harp and citharane into the Church, he by his authority removed it. Let no man marvel, saith he, that we have cast out the harp, and behold it is commanded to sound, saying, praise the Lord upon the harp: nemo convertat cor ad organa, quod ei iubetur in se habet. Let no man spend his efection upon the musical Instruments, being to make melody in himself. For justin Martyr (though that be none of his work) because he there citeth Author apud justin. q. 107. Origen, (who lived after) yet whosoever is the author, he is directly against our brethren, as dirictlie for us in this cause: Instruments (saith he) be not used in the Church of God: sed simplex cantio in eyes manet: there is nothing but plain singing: nam canere instrumentis in animis puerorum est: To use instruments is for babes and children. Itaque in ecclesijs sublatus est tantum instrumentorum usus, & relictum est canere simpliciter: so that our brethren thinking by these authorities to help their cause, have indeed cut the throat of it. The Papists themselves confess, that their harmonical music is much later lib. 4. Chronol. p. 729. than justine Martyr, or Augustine either. Genebrand confesseth that Pope Constantine sent Organs to King Pippin anno 757. as yet unknown to the Germans and Frenchmen: and Beza showeth by good authorities, that they were first brought in by Pope Viteliane at the soon, and Colloqu. Mompelg. par. 2. p. 37. into France anno 878. So long the Churches of Christ stood without them: and it had been well with them if they had stood so still. Wherhfore (most noble King) 1. Seeing this theatrical Music serveth not to edification in the Church, to the which all things there used should serve by the Apostles rule. 2. Seeing it hindereth edification in withdrawing the mind from contemplation, and pulling it down to carnal delight. 3. Seeing it was a part of the levitical service, which is now ceased in Christ. 4. Seeing plain voice music was taken to be fittest for God's service by Christ and the Apostles, and all the Fathers in the best times of the Church; we most humbly entreat your majesty, that this stage-like music may be removed, and that which is fittest for edification, and best beseeming the spiritual worship of the Gospel may be retained. 12. Against the profanation of the Lords day. HErein we both consent, He is very Answ. to pet. p. 12. profane (say our brethren) that desireth not this from his heart. Now we hearty thank the holy God of Heaven even for this; and we pray him that hath begun this good in our brethren, to increase it to the day of jesus Christ. Indeed the sanctifying of the Sabbath Esay. 58. 13 Exod. 31. 13 is it that giveth life to all religion: and therefore this being once well settled, all religious and Christian duties will quickly follow. Wherhfore (O most noble King) not only we the ministers that desire reformation, but both your Universities, the Vice Chancellors, Doctors, and heads of houses, and the rest of the learned Clergy and obedient subjects, expect this at your highness hands, that as you have by your most Christian proclamation give Constant. Euseb. lib. 4. c. 19 Theodos. & Valent. c. de. ferijs. Carolus. magn. 139. K. Canutus K. juas. in martyrol. Fox p. 73. Gythcon. K. of Danes. ibid. p. 755. Exod. 20. 10. charge for the sanctifying of the Lords day and for restraining of idle sports and games upon it (as the godly, Emperors and Kings have done before) So because through the backwardness and disorder of many brutish people, that day is not yet so carefully regarded as it should be: It will please your highness so soon as God shall give opportunity, to enact it as a Law, that all your majesties people may not only keep a rest, but a religious and holy rest upon that day. We know your highness knoweth the largeness of your gates, that they be as large, as your kingdom, and therefore will provide by godly and wholesome laws, according to the charge of your God, which is upon you: that all within your gates. i. within your highness government and dominions shall keep the day of the Lords rest in all the holy duties and services of it. 13. That the rest upon holy days be not so strictly urged. Argument. 1. IF Saints days may without any offence to God be removed, than the strict observation thereof should not be so severely urged. But the first is true: for some Churches reform have de facto taken them away, as brought in by men: and de iure they might so do: because the keeping of such times without special commandment, seemeth to be an observing of days, contrary to the Apostle. Gal. 4. 10. and a consecrating of them, to the memory of men, which should only be observed to the Lord Rom. 14. 6. As Ambrose well saith: qui calendas januarias colit, peccat, quoniam homini mortuo defert divinitatis obsequium, he that keepeth the calends of januarie, sinneth, because he giveth divine worship to a dead man, his reason is as good against holy days, Amb. ser. 17 kept in the memory of Christian men, as Pagans: for divine honour should be yielded to neither, Arg. 2. There should be a difference made between the rest upon the Lord's day, and other holy days. But now there is no difference, the rest being as strictly urged upon the one day as the other: Ergo. The proposition is thus proved. i. The Lord himself maketh a difference between the Sabbath, and other holy days of his own appointment: for upon the day it was lawful to dress that, which they did eat, Exod. 12. 16, But not so upon the Lord day. Exod. 16. 2. 3. 2. the Sabbath is of the Lords institution, and so precisely to be kept: holy days are but an Ecclesiastical constitituon) and therefore not in the observation to be made equal to the other. 3. Difference to be made in the observation of the Lords day and other holy days. the rest upon the Lord's day doth simply bind in conscience, as all the commandments of God do: the rest of holy days doth not simply bind in conscience, in respect of the thing commanded, but as we are bound in conscience to obey our governors in all lawful things: for there is but one lawgiver which is able to save and to destroy. jam. 4. 12. 4. the constitutions of the Church have observed this difference, making greater restraint of labour upon the Lord's day, then upon other festivals: upon the Lord's day all ruralia opera, works of husbandry are forbidden: Cabilonens. c. 18. itinerari cum caballis, to travel with horse or oxen. Aurelian 3. 27. to keep Fairs, or Markets upon the Lord's day. Coloni. part. 9 c. 10. no courts or pleas then to be holden: Tarraconens. c. 4. no dancing, or plays, or shows to be used: Mogunt. c. 61. All these canons and many more provide only or chief pro diebus dominicis, for the Lords days. Argu. 3. That liberty which God hath given to work six days, ought not (where Exod. 20. 6 there is no urgent necessity) to be restrained, especially where there is a necessity to labour: for where necessity requireth, we deny not but a day of cessation may be enjoined upon the work days, as when a general day of fast, or of thanksgiving is proclaimed: yet even upon these days, necessary labours are excepted. But the rest of holy days is upon no necessity: yea many poor men working a crash for necessity have been fetched to the Courts, and forced to pay large fees: Ergo it impugneth the liberty which God hath given, and so is unlawful as it is urged. Arg. 4. This rest upon holy days ministereth occasion of idleness, haunting of Alehouses, unlawful gaming, which are twice so offensive as working. Men keep them as the Israelites kept holy days; They ate, they drunk, and rose up to play. Exod. 32. 6. As Ambrose speaketh of the Gentiles feasts, Vides quomodo convivia sua adornent, festa annuntient, sed pijs mentibus infestiora sunt. Ye see how they adorn Epist. 4. their feasts, and proclaim their festivals, offensive to all good minds, etc. Ergo this straight urging of holy days rest, as ministering occasion of evil, aught to be qualified, if not abolished. Arg. 5. It is more lawful by the law to work upon holy days, then for judges Cod. lib. 3. tit. 12. leg. 2 Theodes. to keep Courts, and hear suits. The Imperial commandeth, omnes judices cessent: that all judges should cease upon the Lord's day: but it permitteth ut agrorum culturae inserviant, that they may follow husbandry upon that day. Yet for this we cite not the Imperial, but only to show the difference of these two works. But upon all holy days in term time (excepting four, viz. the Ascension, john Baptist, All Saints, and the Purification) the judges keep their Courts in Westminster Hall. Ergo as well by the civil Law may Country men follow their rural works. Arg. 6. We will lastly show the practice of the Church for liberty of working upon holy days. Gregory 1. calleth them predicatores Antichristi, preachers and Prophets of Antichrist, lib. 2. epist. 3. decr. par. 3. dist. 3. c. 12. qui die sabbati operari probibent, which forbidden to work upon saturdays: But so do the spiritual courts prohibit to work upon that day, when it falleth out to be a festival. Leo & Anthenius provide only in their constitutions for the Lords day: Nec huius religiosi diei (i. dominici) otia relaxantes etc. and prescribing the rest of this religious day, yet we would not have it spent in filthy pleasures: and the law gives a reason, calling the dominical days, dies festos maiestati altissimae dedicatos: festivals dedicated to the highest majesty, whereas the rest were dedicated to Saints. Simon Islip Archbi. of Canturburie forbiddeth upon pain of excommunication: Fox Martyr. p. 393. that people should not abstain from labour upon certain Saints days, which were before consecrate to unthrifty idleness. Reformat. Ratisp. artic. 20. in minorib. festivitatib. etc. in the less festivals we give liberty after service done, for men to go to their work. Treverens. sub joan. c. 10. usque in meridiem in festis dieb. seriart volumus etc. We will have men to keep holy day till none, & then go to their work: Thus was it decreed in Popery, when they had many blind Saints days, which we observe not now: But as they dispensed with their less festivals so among Protestants, the rest of the holy days (which are the least) might be released; so that in time of divine service labour be forborn. Objections answered. Object. 1. WOuld they have men upon such days to go to plough and cart. Answ. to Petition. p. 13. Answ. 1. Would ye have them go to dice, tables, quaffing, dancing (as the common use is) which is the worse, we pray you? Augustine thus saith of the jews sabbatizing: melius toto die foderent, Aug. in Psal. 32. par. 1. quam saltarent: they might better delve all the day, then dance all the day. 2. And why might not men be suffered to follow their vocation upon such days (so it be not done with contempt of divine service, as the reason is given in the Law: quia non aptius alio die frumenta sulcis, aut vineae scrobuli mandantur: it falleth out that no day is fit to sow corn, and set vines in: the same Cod. lib. 3. l. 12. leg. 3. law also giveth liberty for like works to be done upon the Lord's day: But therein it must give place to God's law. Object. 2. As some of their humour have caused their servants to do on the feast day of Christ: Answ. to petit. ibid. Answ. This is a most untrue assertion, that the petitioners or any like minded to Great. untruth. them have caused their servants to go to plough or cart upon that day. 2. We make great difference between the holy days consecrated to the honour of Christ, and the other: which are memorials of men: Which difference both the Imperial and Ecclesiastical laws observe. Cod. lib. 3. tit. 12. leg. 7. all the Saints days are omitted: only the Lords day with the festivals of Christ, his nativity, circumcision, the epiphany are decreed to be holy days: So likewise Concil. Agathens. c. 94. cited Caus. 7. qu. 1. c. 29. Wherhfore (O most noble King) 1. seeing holy days of Saints might be altogether spared. 2. and that difference between them and the Lords day should be observed 3, seeing poor men are forced upon necessity to labour upon such days. 4. Idle and unthrifty persons, are occasioned by such play days to do evil. 5. seeing the practice of the honourable Courts allow it. 6. laws and cannos have decreed it: It may please your most excellent Majesty, that your poor subjects be no more vexed and troubled in Ecclesiastical courts, for following their necessary labours upon holy days) so it be out of the time of divine service) for the sustentation of their families: As in time of popery the poor Saints were troubled for the same: as Isabel Tracher, was persecuted for working upon an holy day; William Wingrave & Thomas Hawks for the like: That your excellent Majesty resolve with the Christian Emperor Constantine, A nullo etc., presumi debet, ut authoritate sua ferias condiat: that none presume by their own authority (without Gods & yours) to make such holy days to restrain all labour. THE DEFENCE OF THE FIRST PART of the petition concerning Church Service. ARTIC. 1. Of uniformity of doctrine. Object. WHAT imputations are these, etc. What shameless suggestions, as though there were no uniformity nor consent of doctrine among us. Answ. 1. Are our brethren so ignorant that they know not, or so wilful that they will not acknowledge how by divers both in their preaching and writing, opinions have been taught, and defended not having a smattering only, but a rank taste of Popery. What say you then to Popish positions. Hooker, lib. 1 1. p. 60. & 61. these positions: there is in man naturally that freedom, whereby he is apt to take or refuse any particular object. The like position the Rhemists hold, it lieth in man to give consent, helped also by grace. Annot. Apoc. 3. 4. they give not a full sufficiency or ability but an aptness & inclination to free-will by nature to consent to any object. There are works of supererogation, that a Hook. lib. 2. pag. 122. man may do more, and God approve much more, than he commandeth. So say the Rhemists: the works that we do more than precepts, 〈◊〉 called works of supererogation, whereby it is evident against the Protestants, that there be such works. Annot. in Luc. 10. sect. 3. That the Ch. of Rome is the family of jesus: Hook. lib. 3. p. 130. whence it will follow that the pope is not Antichrist, who cannot fit in the family of Christ. So the Rhemists call it the Church and house of Christ, confuted therein by our divines as D. Fulk. Math. 16. sect. 10. That the Sacraments are moral instruments Lib. 5. p. 128. p. 133. of salvation, and in their place no less required than faith itself: This differeth not far from that popish position, that the sacraments give and confer grace, Rhemist. act. 22. sect. 1. That the Scriptures and nature jointly not Lib. 1. p. 8● severally are complete unto everlasting felicity. Whence it followeth that the Scriptures severally by themselves are not complete to salvation: What other thing is affirmed by the Rhemists, saying the Scripture containeth not all necessary truth. Heb. 9 s. 2. That the Sacraments are no Sacraments without the serious meaning and intention of the Minister: the like assertion B. jewel confuteth against Harding calling it the very dungeon of uncertainty to stay upon the intention of a mortal man. Reply art. c 1. p. 34. Infants if they have not baptism howsoever, etc. the Church as much as in her lieth ib. 5. p. 135. casteth away their souls. So the Rhemists say, no man can enter into life everlasting unless he be baptised of water and the Holy Ghost. Annot john. 3. sect. 2. This position By one Butler a Commissary. of the necessity of baptism, that infants, dying without it are damned, hath been of late publicly taught, with other positions of the like nature, by an unsound dogmatist in Northamptonshire, as we are informed. All these & diverse such like popish paradoxes have been broached & set a foot in public writing, and since the Author's death have been again revived (with whom we wish they had been buried) and defended by public writing to the great offence of sincere Protestants and the no small joy of superstitious Papists: of this sort and savouring of the same leaven are these such like doctrines, that justifying faith may be lost: that it is not proper to the elect: that a man cannot be sure of his salvation: that a man hath free will to believe: that Christ died not only for the Elect. These and such like positions have been publicly by some maintained, both in pulpits and Schools: How then are not our brethren ashamed to call these false imputations and shameless suggestions. 2. We charge not the Liturgy with Popish opinions, though we wish it discharged of some needless ceremonies: and what a simple argument is this; The book containeth no popish opinions: Ergo none have been taught in the Church, or there is a book of articles of religion agreed upon, & in them an uniformity of doctrine in some things: Ergo there is an uniformity of doctrine prescribed for all other points. There are divers hundred points of doctrine, wherein Protestants and Papists dissent; the fourth part of them is not contained in that book. We reverence and allow that book, and wish, that what is wanting may be added, that an uniformity Uniformity of doctrine. of doctrine may be agreed upon for all other points of doctrine, as is done for those already there expressed. 3. We put not weapons into the adversaries hand to wound us, which complain of unsound teaching, but they give occasion & advantage to them that depart from the currant doctrine of the Protestants, and refine over the old Popish dregs. Wherhfore our brethren's words (it bade been good that these men had been never able to write, then to write thus to the scandal of God's Church and his sacred truth) might more truly have been uttered against those that have thus in their writing maintained corrupt popish doctrine, then against them that have profitably employed both their tongues and pens against the common Adversary. How far now are our Brethren from the Spirit of Moses, who wished that all the people of God could prophesy. And Numb. 11. 28. our Saviour biddeth us to pray the Lord of the harvest to send forth labourers into his harvest. But these wish that many Mat. 11. 38 profitable men had been never able to write. We may say to them as Hierome to his adversary: there are Papists among us, Atheists, Hier. ad Theophi. advers. joan. Hieros. Familists, etc. Why do they not tax them, have they a spite only at us? do we only make a rent in the Church that communicate with the Church: Nos soli qui Ecclesiae communicamus: Ecclesiam scindere dicimur. ARTIC. 2. Of bowing at the name of jesus. Object. REverence done at the name of jesus is not superstition, etc. But an apparent token of devotion: why do they not find fault likewise with kneeling, sighing, weeping, etc. Answ. 1, How followeth it? we may kneel, sigh, weep, knock upon our breasts, hold up our hands to heaven in our prayers: Ergo it is lawful to bow at the name of jesus: seeing for the one we have warrant both by precepts and example of Scripture, and so we have not for the other. 2. In that the knee is bowed rather at the name of jesus then of Christ, or of God the Father, and God the holy Ghost, it is evident that this reverence is done to the name, not to the divine Majesty, which equally in all these names is to be adored: if then the sound of the name be adored, it is superstition: if the person, it bringeth an inequality of the Godhead. 3. As well may the name of jesus be bowed unto, when it is seen painted or written in the glass windows, as when it is pronounced: for why should not the sight thereof be as holy to the eye, as the sound to the ear? And indeed thus a certain late Popish Synod persuaded to kneel down before an image because the people bow at the name of jesus: these are their words: Nec maiori idololatriae periculo, quam ad nomen jesu genu flectitur: quem enim vocula cursim auribus insinuat, hunc eundem fidelibus oculis imago repraesentat. 4. The petitioners therefore had good cause to move, that ministers be not (contrary to their judgement & consciece, without warrant of the word) to teach their people: for that place which is commonly alleged Phil. 2. 10. God hath given him a name above all names, that at the name of jesus should every knee bow, both of things in heaven, things in earth, etc. can have no such meaning. 1. The Apostle speaketh not of the outward knee for the Angels have no such knees, which notwithstanding do bow at the name of jesus, as the Apostle saith: let all the Angels Hebr. 1. 6. of God worship him. And Ambrose saith: agnoscentes Angeli mysterium genu illi flectentes: Ambros: in ●. lim. 3. the Angels do bow their knees. 2. Neither doth the Apostle speak of a name consisting of letters and syllables, but of the divine power given unto jesus, that shall be adored of all, as the Prophet expoundeth: every knee shall bow to him, and every Esay. 25. 23. tongue shall swear by him. This argument is urged by Ambrose, nomen quod est super Ambr. in Ph. 1. 2. omne nomen, etc. this name above all names is the name of God: if this name did not consist by nature, it were not above every name: appellativum enim nomen in solo vocabulo est, non in nativitate naturae: a name appellative is only in the word, not in the natural generation. 3. Of the puklick reading of Apocrypha. Obi. THEY are grossly ignorant, if they know it not, or wilfully malicious, etc. if knowing they impugn, etc. Answ. 1. I hope our brethren will not Defence: Apol: p. 57● account Reverend Bishop jewel either grossly ignorant, or wilfully malicious and turbulent, though they so call us at their pleasure, who proveth out of the Laodicene and Hipponense Council, as also Laodicen: cans: 59 out of chrysostom, and the decrees of the French Kings lives, and Charles, that nothing should be read in Christ's congregation but the Canonical Scriptures: The words of the Laodicene Council are these: non oportet libros qui sunt extra canonem, legere, nisi solos canonicos veteris & novi testamenti. 2. Hierome himself, (who is here objected giving way to those times, seemeth sometime to tolerate the reading of the Apocryphal books for the stories sake, yet wisheth the same to be done cautelously: Caveat omnia Apocrypha, etc. Take heed of the Apocrypha; and if Hierom: ad Laetam. any will read them, not for the worth of doctrine, but reverence of the story, know he that they are not theirs, whose title they bear: Multaque his admixta, vitiosa, & grandis esse prudentiae aurum in lute quaerere. And that many faulty things are mingled, and it is a prudent part to seek gold in the mire. 3. But the Apocrypha give light to the divine story. Answ. So doth josephus and Pliny, with other foreign writers: doth it follow therefore that they should be read in the Church; though they give some light, yet the Scripture giveth to itself a greater light: which as his Majesty saith: is always the best interpreter of itself. And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 10 Meditat. in 20. Revel. in another place his Majesty excellently writeth: We are taught, only to use Scripture for the interpretation of Scripture, if we would be sure, and never serve from the analogy of faith in expounding. 4. Our reasons against the public reading of apocrypha are these. 1. In the Church of the jews in the Apostles time only Moses and the Prophets were read. Act. 13. 15. & 15. 22. 2. The Scriptures are sufficient both for doctrine and manners, 2. Tim. 3. 16. 3. Because the Apocrypha books, as Hierom saith, contain many falsities mixed with truth. The contradictions between the Canonical book of Esther, and the Apocryphal are diverse, and not to be reconciled, as the learned have noted: the story of Bell and the Dragon, Hierom calleth fables: and so doth Augustine in Toby the Angel is Consul Whit. q. 1. de script. c. 18. Praef. in Dan. Aug. de mirabilibus. lib. 2. c. 32. brought in to tell a tale, that he was of the stock of Azarias c. 5. 8. The devil is driven away with the smell of a broiled liver. c. 8. 3. The story of judith commendeth such tricks and devises, as became not the modesty of a woman professing virtue. Ecclesiasticus telleth us that Samuel prophesied after he was dead. c. 46. 20. In the Macchabees, judas is commended for offering sacrifice for the dead, l. 2. c. 12. Razis' extolled for killing himself. l. 2. c. 14. v. 42. 4. Books that bear false titles are not to be read in the Church, which the Canon calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. can. Apost. 59 but such are the Apochriphall books. Hierom saith: non eorum esse, quorum titulis praenotantur: they are not theirs whose title they show. Augustine saith, that the book of wisdom is thought to be Salomons, propter non nullam eloquij similitudinem, but for some likeness of the style: l. 17. de Civ. Dei c. 20. 5. That which giveth occasion of error, should not be admitted: but the reading of Apochriphas is occasion of error; to induce the people to think that they are Scripture: And therefore the Laodicene Council joineth both these together quae oportet legi, & in authoritatem recipi, haec sunt: these are the books which ought to be read and received into authority. can. 59 Ergo etc. Lastly, what other thing have the petitioners here moved, than his Majesty hath first written: As to the apocrypha books I omit them, because I am no Papist, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 1● indeed some of them are no ways like the ditement of the Spirit of God. I hope now our brethren will leave for the urging of this point of those fierce terms of grossly, ignorant, wilfully malicious, and turbulent, lest we say to them as Augustine to julian, when he had produced Hilary against lib. 2. cont: julian. pelag him: nunc ergo ne tuis stomachi fellis indigesta maledictorum cruditate rumpatur, in bunc evome si audes calumniosas tuas vanitates: Now lest your stomach burst with undigested rancour, cast it upon him, if you dare, etc. THE DEFENCE OF THE SECOND part of the Petition concerning Church Ministers. 1. Of a learned Ministry. FIRST in that we desire that none but Preachers from hence forth be admitted to the ministry: what do our brethren mean to impugn so honest and reasonable a petition; do we herein request any more than his Majesty hath in his princely Book approved, thus writing: see all your Churches within your Dominions planted with good pastors: what 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 43. is there now so gross in our Church which these men will not maintain, taking upon them to justify an unlearned ministry, unless they mystic this motion because it proceedeth of us Hierome saith in alijs probant quod in me reprobant, quasi praefac. in paralip. virtus & vitium non in rebus sit sed cum authoribus mutetur. They like that in others, which in me they mislike, as though good and evil were not in the things, but altered with their authors. 2. what reason had they for the Lord day, which term the petitioners Of the name of Sunday. use, to say Sunday? Doth this name which was invented of the heathen, better like them then the name of that day, found in scriptures: Or did not the fathers much mislike those heathenish Apoc. 1. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pref. in Psal 43. names of the days of the week? As Augustine thus writeth of dies Mercurij nolumus ut dicunt atque utinam corrigantur ne dicant. We would not have men call it Mercury day or wednesday? and I wish that order were taken, that they might not so call it. The very papists themselves confess that the word Sunday is an heathenish calling. And some of our best writers acknowledge that the name of Sunday & the rest Fulk Rhemis annot. in apoc 1. 10. had an heathenish beginning, & therefore were better to be otherwise termed. But passing over these lighter matters we will first produce our reasons for a learned Ministry: and then examine theirs in justification or excuse of an unpreaching order in the Church. Reasons and arguments showing the necessity of a learned Ministry. Arg. 1. THE Lord saith by his prophet, because thou hast refused knowledge I have refused thee, thou shalt be no Priest unto me Hos: 4. 6. so saith Gregory qui quae Dej sunt nesciunt, a Deo nesciuntur: they which know not the things of God, are not known of him. Pastorol: par. 1. c. 1. Arg. 2. Pastors and Ministers are the A learned Ministry necessary. Lords stewards 1. Cor. 4. 1. but no man will appoint an unskilful steward over his house, as our Saviour saith who is a faithful servant and a wise whom his Master hath made ruler over his household to give them meat in due season. Math. 24. 25. Ergo ignorant & unfit people much less are to be set over the Lord's house, Ambrose saith: Si terrestrium rerum dispensatores idonei quaerendi sunt, quanto magis coelestium, if fit stewards of earthily things must be sought for, much more of heavenly. in 1. Tim. 1. 3. Arg. 3. Hierom urgeth to this purpose that saying of our Saviour, si infatuatum est Hier. ad Heiodor. sal, etc. if the salt lose his savour, it is good for nothing, but to be cast out. Mat. 5. 13. Ergo ignorant ministers as unfatuate and unsavoury salt, should be cast out. Arg. 4. Ignorance is excusable in the people: my people go into captivity because they have no knowledge: Esay. 5. 13. much less is it to be suffered in the Minister: this reason is alleged by Leo: si in laicis vix tolerabilis videtur inscitia, quanto magis in ijs, qui praesunt, nec excusatione digna est nec venia. If ignorance in lay men be intolerale, much less in those that are set over them is it excusable or pardonable. epist. 22. ad Cler, Constantinopol. 5. That is not to be suffered which tendeth to the ruin of faith: but by an unlearned ministry faith decayeth, which cometh by hearing the word preached: Rom. 10. 17. thus reasoneth the Council of Toletane 4. c. 24. let all their work be in preaching, ut aedificent cunctos fidei scientiam, etc. that they may edify all in the knowledge of faith. 6. That should not be permitted in the Church which giveth occasion to the destructions of men's souls: But such is an unteaching ministry: if the blind lead the blind, both fall into the ditch: Math. 15. 14. And it is as Hierome saith: tanquam perforatam navim debilis gubernator regat: as Hierom. ad Chromatium though an unskilful Pilot should be set to guide a broken ship. 7. S. Paul doth especially require this, as an essential property in a minister to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, apt or able to teach. 1, Tim. 3. 2. Hierom saith well: Innocens & absque sermone conversatio, quantum exemplo prodest, Hier. Ocean. tantum silentio nocet, An innocent conversation without teaching as it helpeth by example so it hindereth by silence. And it is Origenes note upon these words of Paul: woe is me, if I preach not the Gospel etc. propter hoc solum, Tract. ●3. in Math etc. for this thing only, if I preach not, not for conversation is this woe pronounced. 8. That aught to be declined, which is sent as a punishment and judgement upon the people: But dumb and ignorant ministers are a punishment, etc. as the Lord threatneh to take away the Prophet Esay. 3. 2. And there shall be like prophet, like Priest. Esay 24. 2. So saith Isidore as he is alleged Aquisgran c. 25. pro malo merito plebis aufertur doctrina praedicationis, Ergo, etc. 9 All those whom Christ sendeth are furnished with gifts accordingly: Eph. 4. 8. 11. He hath given gifts unto men, etc. some Apostles, some Doctors, etc. jeroboam made of the basest of his people to be Priests of his golden calves: only Aaron's sons, ministered to the Lord at Jerusalem. 2. Chron. 13. 9 10. What shepherd will carry into the field a dog that can not not bark: for as Hierome well saith: Hier. ocean. latrata canum, baculoque pastorum, luporum rabies deterrenda est: the wolves rage, the shepherds staff, and dogs barking must assuage. Wherhfore seeing ignorant ministers are as dumb dogs, jeroboams Priests, men of no gifts, they are not sent of Christ, etc. 10. We will adjoin the consent of antiquity and decrees of Counsels, that have condemned rude and ignorant ministers: Ca Apostol. 57 Episcopus aut presbyter, qui negligentius, etc. A Bishop or presbyter that is negligent about the people, and doth not instruct them in piety, must be put from the Communion. Valens. ca 2. pro aedificatione omnium Ecclesiarum, &c: for the edifying of all Churches, it pleaseth us that not only in cities but in all parishes we give power to presbyters to preach: that if the presbyter being sick cannot preach himself the homilies of the fathers be read by the Deacons. Toletan: 4 c. 24. Ignorantia matter, etc. Ignorance the mother of all errors is espcially to be avoided in the ministers of God who have taken upon them to preach to the people: let such therefore know the Scriptures that all their work may consist in preaching, and to edify all in faith and manners. Aquisgranens. c. 13. ex Gregor. praeconis officium suscepit: he taketh upon him the office of a preacher, whosoever cometh into the Priesthood. The minister then or Priest if he be unskilful of preaching, what voice can he give that he is a dumb crier. Coloniens. p. 4, c. 1. Officium parachorum, etc. the office of parish ministers consisteth in two things, the dissemination of the word, and administration of Discipline. Objections made in defence of an unlearned ministry answered. Object. 1. DOTH not the sufficiency of ministers, Suscipere magis & minus, admit of his degrees. Answ. Doth it follow? the sufficiency of ministers doth suscipere magis & minus: Ergo, all need not preach? We grant that there are diversities of gifts: some have less, some greater; but is it simply inferred, that therefore they which have no gifts at all should be admitted. 2. Obi. Were the ministers of the Primitive Church all of them able to preach? Answ. It is untrue, that there were No unpreaching Pastors in the primitive Church. any Ministers in the Primitive Church which had charge of souls, being not able to preach. chrysostom and Peter Martyr with others are only named, their words are not alleged: the first indeed saith: Senioribus, qui inutiliores sunt, hoc baptizandi munus committimus, verbum autem quod doceant, sapientioribus: We commit the office of Baptism to some somewhat unprofitable, but the preaching of the word, to the wiser sort. Peter In 1. Cor. 1. Martyr saith: tingendi munus cuilibet in Ecclesia committi potest. the office of dipping may be committed to any. But first these testimonies serve not for the Primitive Church, which reached not to Chrysostoms' time (if we speak properly) yet chrysostom speaketh but by way of Chrysost. ibid. comparison, that where ministers were, they made choice of the wisest for preaching: in comparatione civili prudentia utitur: he speaketh by way of comparison, as civil wise men use to do: they were not then altogether unprofitable, that baptised, but in comparison. And Peter Martyr speaketh not of ministers only, but his opinion was that any might dip or lay on water the minister using the words, which conceit we leave unto the Author. Further we deny not but that in some Church's Deacons, and other Ministers baptised, which preached not (which use how commendable, we are not now to discuss.) But never shall it be showed, that in the better and first ages of the Church any Minister had the charge of souls, that could not preach, as chrysostom showeth: quoniam oportet & eum quae sunt Rectoris habere, idcirco subiunxit aptum ad docendum: because he must have those things, which belong to the Rector or spiritual governor, he addeth apt to teach, etc. this is not required of the people, sed illi ante omnia adesse debet: but he must have it above all which taketh upon him this office. Lastly, admit that such a corrupt use had crept into the Church to allow unpreaching pastors, yet is it directly contrary to the Apostles precept who maketh it of the essence of the pastor to be apt to teach. 1. Tim. 3 2. such was also the practice of the Primitive Church: all their pastors were preachers. Act. 20. 28. 1. Thess. 5. 12. 1. Pet. 5. 2. 3. Object. The urging of that strange doctrine, that he is no Minister, that can not preach, etc. Answ. The urging of that doctrine, Untruth. We so urge not. that he is no Minister that cannot preach: what is it to the petitioners? they so affirm not. Is it all one to say, there ought to be no Ministers that can not preach, & they are not Ministers that can not preach? why do our brethren, whom the schools might teach to dispute ad idem, thus break out into matters not in question between us. We deny not, but that such are Ministers, though unprofitable ones, & the sacraments given by them sacraments, yet unduly ministered: and we say of them. as Augustine in a somewhat diverse case: in bonis sacramentis non Contra crescen. lib. 1. c. 26. sunt boni, quomodo in bona lege non sunt boni judaei: The sacraments are good, but they are no good Ministers of them. 4. Object: Hath it not made the Brownists confidently to reproach us, that our Church is no church, etc. Answ. 1. Neither is it true that the Brownists condemn our Church and Sacraments. Untruth. etc. only because some of the Ministers could not preach: for they mislike also and condemn the most painful preachers amongst us, but they pretend many other reasons of their separation, 2. Our brethren needed not therefore to have cast the Brownists in our nose, seeing it is well known that the ministers which desire reformation have most of all other opposed themselves by writing to that faction, 3. But is this a good argument: the Brownists have taken offence at unpreaching Ministers: Ergo there may be such, etc. Nay rather the occasion of their offence & stumbling should have been removed. 5. Object. It is not possible to have all Ministers men of worth till all church livings be very sufficient, etc. Answ: Of like consequence is the argument A learned ministry possible. that followeth, The livings are not sufficient to maintain preachers Ergo it is not possible to have all preachers and men of worth. 1. Why do our brethren then of Oxford and Cambridge hinder the sufficiency of Minister's maintenance, as much as in them lieth by gainsaying the King's princely motion, for disposing of the leases of impropriations to the use of the incumbent preachers, whereof we shall have cause to entreat afterward. 2. This yet is no excuse for such unsufficient Ministers, as enjoy sufficient livings whereof there are a great number. 3. Although the want of maintenance be a great let to a learned ministery: yet it is possible though with much difficulty, to plant preachers even where such defect is, as in the Apostles time, and many years before the Church was endowed: and the next way to enlarge the Minister's maintenance were to place every where worthy men whose painful labours would provoke men's liberality: At the least, let such Churches as have sufficient maintenance, first be sufficiently provided of good men: And for the enlarging of the rest, the Prince and the state must be humbly sued unto. And Clergy men for so much as lieth in their power, should show themselves ready by their example. 6. Object. Many do please themselves in their extemporal gifts. etc. Answ. Is not this also a goodly argument: Of extemporal Preachers Many do please themselves in their extemporal gift, etc. and for their gross ignorance have deserved to be blotted out of the number of preachers: ergo all Ministers need not to be preachers for this must be the conclusion, or else they do but trifle: as though the presumption of the one doth excuse the idleness of the other: because one shooteth too far, shall another shoot too short. An extemporal gift as we simply allow not (for the word of God must be reverently handled) so we see not why men of long study and exercise may not, where the present necessity is such, show their readiness that way. As Origene was sometime forced to do: singula rimari extemporaneus Homil. 8. in Levit. iste sermo non patitur: Such extemporal preachers were joan. Antiochen, presbyter, and Honoratus Mussiliens. episcopus, extempore in Ecclesia declamator. An extemporal preacher in the Church. And as extemporal sermons are lose, so bosom sermons, that are verbatim delivered, are too curious: as we condemn the one, so we commend not the other approving therein the judgement of Augustine; Donec significet, i. se intelligere, versandum est quod agitur multimoda varietate dicendi, quod in potestate non habent, qui praeparata & ad verbum memoriter retenta prunnntiant. Till it appear that the people understand that which is handled it must be opened with variety of phrase, which they that repeat things word for word as they have conned them by heart cannot do. Thus by such weak arguments, as we have seen the Confuters have boulstered out (as Mammets and men of straw) the dumb and Idol Ministers. We are right sorry that Oxford Doctors now under the Gospel should so much swerver in the judgement of the truth from their predecessors in the time of Popery: who decreed much better concerning this matter, than these men now write. Presbyteris parochialibus districtè iniungimus etc. we enjoin the presbyters of every parish to instruct the people committed to them, with the word of God: ne canes muti iudicentur Concil. Oxoniens. sub. Stephan. cum salubri latratu in caulis dominicis luporum spiritualium morsus non repellunt. This Council calleth them all dumb dogs, that do not instruct and preach unto their people, and drive away by their wholesome doctrine the wolves. Wherhfore O most noble King 1. seeing God refuseth them to be his ministers, that The conclusion. have no knowledge, 2. neither are such fit stewards over God's house, 3. they are infatuated salt, 4. seeing ignorance is inexcusable in the people, much more in the pastor. 5. & by the ignorance of such faith decayeth. 6. the destruction of many souls ensueth. 7. seeing a Minister by S. Paul's description should be apt to teach. 8. and that it is a punishment sent of God to have unskilful shepherds. 9 and all whom Christ sendeth, he furnisheth with gifts. 10. Seeing by the canons and practice of the Church such unsufficient Ministers are condemned: nothing can be objected in the contrary of any moment, 1. Ob. that although there be divers gifts, yet every pastor ought to have them in some measure. 2, Obj. neither were there any pastors in the Primitive Church no preachers, 3. neither is it a thing impossible to have every where sufficient Pastors, We are persuaded that your Christian Majesty out of your Princely judgement will in due time see the Church reform in this point and therein follow the example of that noble Charles King of France who enacted thus: providimus pro aedificatione omnium Ecclesiarum, etc. We have provided for the edifying of all Churches, that not only in Cities, but in all parishes, the presbyters Synod. Arelat. sub. Carolo. cause. 10 preach the word to the people, that they may learn to live well, etc. ARTIC. 2. Of the removing or supplying of unlearned Ministers. 1. Object. HOW charitable are these men that would have men removed out of the ministry, etc. Answ. 1. How can the Petitioners be counted uncharitable, when they wish some charitable course to be taken for the relief of unsufficient Ministers. Neither is it propounded simply, but with a disjunction, or else that they be forced to maintain preachers, according to the value of their live, etc. And we pray you, how many are there to be now found, that were entreated to take upon them the Ministry for want of sufficient men, or that were in time past sufficient and are now decayed by age, sickness etc. are there not almost an hundred other unsufficient Ministers to one of this sort? and they that are of that quality, why should they not have coadjutors, as Augustine was to Valerius, Eradius to Augustine, Nazianzene to his Father: Anysius to Acholius of Thessalonica. Should the people perish for want of instruction because of their infirmity? But say it had been simply moved to have all unsufficient ministers removed, so they were provided for: is this course uncharitable? then count the Apostle uncharitable, who willeth that he which laboureth not, should 2. Thess. 3. not eat: or what think you of these ancient canons: peregrini presbyteri, si praedicatores sint veritatis suscipiantur, sin minus, ne necessaria subministrentur eyes, Can. apost. 34. Episcopus vel presbyter, etc. si in pietate populum non erudit, a communione segregetur, si in ea socordia perseveraverit, deponitur: can. 57 So was it also decreed in the Council of Oxford: si residere noluerint, cum non nisi laborantibus panis dandus sit, Ecclesijs per Episcopum spolientur. Say also that they are uncharitable that thus decreed; that unpreaching Ministers should not be relieved, that they be put from the Communion, and finally if they continue in their idleness, to be deposed. 2. Object: How can they maintain preachers that have not where with to maintain themselves, etc. Answ Many unsufficient and unpreaching Ministers have sufficient living and maintenance, and as many, as we think are of that sort, well provided for that ways, as are not: enjoying some an 100 marks, some an 100 pound by the year some more: and those might very well he charged to maintain preachers, the rest, that are not able alone, two or three should join together to have a preacher by course, rather than the Churches should be altogether unfurnished, till better provision be made. 3. Object How much better hath our Church devised to supply the defects of some men, etc. by other means, as by the frequent reading of scripture, etc. Answ: Our brethren tell us of better supplies of these defects, then by preachers: To be otherwise supplied as by frequent reading of scripture, by the form of common prayer, by the reading of homilies, quarterly sermons: for answer whereunto we say, 1. if quarterly sermons make a good supply, we hope that weekly sermons every Lord's day afford a better: how unadvised then are our brethren to call the word seldom preached a better supply than the same diligently preached? 2. Bishop Ridley is alleged to speak in commendation of the book of common prayer: neither do we for the substance condemn it: the times must be considered wherein he wrote, when the mass was restored, in respect whereof our liturgy is much to be preferred. His words further are these, Howsoever in time passed in certain by matters and circumstances of religion your wisdom and my simplicity (I grant) hath a little jarred: Fox Martyrol. p. 1504 epist. ad Hooper. ex epist Rid: ad Hooper. Here the same Reverend Bishop giveth way to Bishop Hooper, and modestly confesseth his too much stiffness in maintaining of some ceremonies. But he was far off from making the book of common prayer a supply of preaching, and therefore he is here very impertinently alleged. 3. But what unsavoury words are these to say that the reading of homilies and of the book of common prayer are ordinary and effectual means to continue and increase the people in the true faith: 1. We had thought that as the word of God is the ordinary effectual means to beget faith: as the Apostle showeth, that faith cometh by hearing. (Rom: 10, 7.) the word preached. v. 14. So it had been likewise the ordinary effectual means to increase faith, according to S. Peter: as new borne babes desire the sincere milk of the word, that ye may grow thereby. 1. pet. 2. 2. We are not only begotten by the word, but we also increase and grow thereby. Hierome, or who also was the author, saith much better: Quando doctrina non erit in Ecclesijs, etc. when teaching is not in the Church, Reg. monard. we know that all virtues perish; because the word of God is not taught: But if reading were the ordinary and effectual means, etc. virtue for lack of other teaching, needed not to perish 2. But if they be ordinary means, etc. then tell us, do those Churches which have no such reading of Homilies. as in Scotland, Geneva, etc. want the ordinary and effectual means to increase them in the true faith: and show us how many of the people have been converted, and increased in the faith, by these your ordinary and effectual means. 3. We commend reading of scripture, and allow a godly form of prayer, but not as principal and sole means by themselves effectual or ordinary to increase or beget faith: More equal seemeth to be that decree of the Lateran Council inter caetera etc. Among other things, which Lateranens. sub. Innocen. 3. c. 10. concern the salvation of the people: pabulam verbi Dei per maximè sibi noscitur necessarium. The food of the word of God is known to be most necessary. for as the body is not nourished without material food, so neither is the soul without spiritual? This decree prefereth the food of the word of God before all other helps: not as our brethren which say the defects of some men may be supplied better, then by preaching. 4. Lastly, our kingly Ecclesiastes hath determined this question, that faith cometh not by reading, but by hearing the word preached, who having first taught his princely son diligently to read, and to meditate in the word of God addeth further. I join to this the careful hearing of the doctrine with reverence and attention, for faith cometh by hearing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 4. saith the Apostle. By preaching of the word than are we begotten unto God, and by the same as by a notable ordinary means we grow and increase. Bernard hath a good saying: qui creavit nos, creature in De interior. donis. c. 21. nobis etc. He that did create us, is created in us, and as though it were not enough that we have God to our father he will have us to be his mother. fide concipitur Christus, verbi praedicatione nascitur: by faith is Christ conceived, by the preaching of the word he is born in us. The wise man saith: Where there is no vision (or as the great bible readeth: where the word of God is not preached) the people perish. prov: 29. 18. And yet our brethren, as though they had never read this place, are not afraid to affirm that reading is as effectual a means to increase men in the faith. I would they had not given occasion to have jobs words returned upon them, job. 13. 4. lib. 1. in. luc. Ye are all Physicians of no value, and as Ambrose saith: leprae medicina verbum est, contemptus utique verbi lepra mentis est: The medicine agrinst leprosy is the word, and the contempt of the word the leprosy of the soul. they than that extenuate the preaching of the word, are like sooner to increase, then cure the maladies of the soul. 3. Of non-residency. Reasons and arguments against non-resident. 1. Pastor's are shepherds: but shepherds ought to attend, and be resident upon their flocks, as it is said of the shepherds. Luc. 2. 8. they watched their flocks by night: upon the which words Ambrose well saith: grex populus, nox lib. 2. in luc. soeculum, pastors sacerdotes, esto ergo vigilans: the flock is the people, the night this world, the shepherds the Ministers; be therefore watchful. Thus the Apostle exhorteth the pastors of Ephesus, attend unto Act. 20. 28 yourselves and the whole flock. 2. Diligence and attendance is required in other external offices: the steward must give the household meat in season. Mat. 24. 41. He that ruleth must do it with diligence. Rom. 12. 8. much more is diligence and residence required where men are set over the people's souls. Heb. 13. 17. which is more than to have charge over their bodies and goods. Ambrose saith well: quo praeclarior causa, eo cura debet esse Offic. lib. 1. c. 44. attentior: the better the cause, the greater should be the care. 3. Bernard thus apply these words of Epist 88 the Apostle, art thou bound to a wife, seek not to be loosed: aut ergo oportuit te gregem dominicum minimè servandum suscipere, aut susceptum nequaquam relinquere. You ought then either not at all to have undertaken to keep the Lords flock, or being undertaken not at all to leave it. But if these words of the Apostle will not bear this collection, the other going before will, 1. Cor. 7, 20. Let every man abide in that vocation, wherein he is called: but non-resident leaving their flocks abide not in their vocation: ergo, etc. 4. A watchman ought not to leave his watchtower (Esay. 21. 8. I stand continually in the watchtower by day, and I am set in the watch by night: but Pastors are watchmen: Ezeck: 33. 7. son of man I have made thee a watchman to the house of Israel, etc. To this purpose Ambrose well writeth upon these words of S. Paul 2. Cor. 6. 7. by watchings, etc. tam sollicitus erat circa officium sibi delegatum, ut ne nocte cessaret: he was so careful about the office committed to him, that he rested not in the night. 5. The Prophet calleth him an idle shepherd that leaveth the flock, Zach. 11. 7. Our Saviour nameth him an hireling that leaveth the sheep and flieth: joh. 10. 12. But hirelings and idle shepherds are not to be suffered in the Church. Augustine saith well, Quae igitur fuga cavenda est, etc. What fleeing is to be shunned; even that whereof our Lord speaketh; the hireling when he seethe the thief flieth. Psal. 141. 6. They that feed not the flock of Christ, are convinced not to love Christ; for our Saviour said to Peter, Lovest thou me feed my flock. john. 21. whereupon Damasus well saith: omnis negligenter pascens, Damas'. epist. 4. decretail. etc. every one negligently feeding the Lords flock so often commended is found not to love the chief shepherd: nec eius se velle discipulum fieri, cuius exemplum negligit imitari: Neither will become his disciple, whose example he neglecteth to imitate. 7. non-resident cannot discharge their pastoral duty being absent, as it belongs to the shepherd to heal the sick, to bind up the Esa. 34. 4. broken, to seek that is lost. Bernard saith well: quomodo securus abis, qui gregi tibi commisso omnem de se securitatem aufers, etc. How Epist. 4. canst thou be secure being absent, when thy flock cannot be safe or secure, who shall comfort them in their tribulations, provide for them in their temptations: quid facient novellae plantationes Christi, etc. What shall the tender plants do, set with thy hand, who shall dig and dung them about, hedge them in, & prune them, etc. these duties it is impossible for non-resident to perform. 8. That is not to be suffered, which bringeth apparent peril and danger to the flock: but this doth the absence of the Pastor: when the shepherd is absent, the wolf cometh to devour. Ezek. 34. 5. they were scattered without a shepherd, and were devoured of all the beast of the field. So Ambrose saith, lupi explorant pastoris absentiam, quia praesentibus pastoribus oves Christi incursare non possunt: The wolves do wait for the pastors absence, for while they are present, they cannot invade the sheep of Christ, Lib. 7. in Luc. 9 non-residency doth lay an heavy burden upon the pastors themselves: God will require the sheep at the shepherds hand: Ezech. 34. 10. and if the watchman warn not the people, When the sword cometh God will require their blood at the watch man's hand: Ezek. 33. 6. So Hierome well saith detrimentum pecoris, ignominia Hier. ad Huriam. pastoris: the loss of the flock shall be a shame and confusion of face to negligent shepherds. 10. We will in the last place adjoin the consent and practise of the Church against The constitutions of the Church against non residentes. non-resident. First the Canons have limited the time of the Pastor's absence: si intra sex menses non redierit, etc. If he that is Non-Resident return not within six months, he must be deprived. Innocen. 3. Greg. 3. 4. 11. Qui infra proximum mensem, etc. He that refuseth to be resident within one month, let. him be deprived: Synod. Hildeshemen. c. 16. But the ancient Canons give not so much liberty. Episcopus per tres Dominicos, etc. The Bishop must not be absent above. 3. Lord's days from his Church. Sardic. c. 4. Oportet eos qui persunt Ecclesiis, etc. they which are set over Churches ought every day, but especially the Lords day to teach the people precepts of Godliness out of the Scriptures. Tertull. c. 9 Secondly the Canons punish such Pastors, as are absent from their flocks: he that returneth not to his Church: oportet communione privari, must be put from the Communion: Antiochen. c. 17. as it is alleged, distinct. 92. c, 7. Et qui receperit, amittat. etc. he that will not be resident let him lose that which he received, and he that gave it, be deprived of his gift, Later. sub. Alex. 3. c. 13, Thirdly non-resident are deprived of all privileges, or benefit of law: Qui Ecclesiae non deservierit, etc. he that attendeth not upon his Church, must be deprived, sublato impedimento appellationis: without having any remedy by appeal: Decr. Greg. 3, 4. 6. non obstantibus indulgentijs Apostol. revoces eas ad residentian etc. notwithstanding indulgence Apostolical call them home to their Churches. Decr. Greg. 3. 4. 16. 4ly. Gratian the Empr. made a Law, that advocates chosen to any place of government in their country should not extra eam evagari, wander abrood from the charge. Cod. l. 2. tit. 7. leg. 2. And justinian decreed that advocates above 3. years absent from the city should lose their privilege ibid. ti. 8. l. 7. much more is the residence of Pastors required in their Churches, who have cure of souls, if their presence be so necessary, that have charge only of men's bodies and goods. Objections Answered 1. Object. Many have two parishes committed unto them, which both will not make one living. Answ: 1. It were better the pastors should want maintenance then that many souls should perish for want of instruction. 2. where the Church hath not maintenance enough of itself, it is not helped by accepting of another, for that Minister, which is the others substitute is in want still, so the parson is provided for, but neither the place, nor the people. 3. in this case provision may be otherwise made for maintenance, then by pluralities, as by disposing otherwise of impropriate tithes: that such as are not yet improved, might be demised for the old rent to the incumbent preacher: such as are improved should be taxed with a convenient portion, issuing forth to the preacher: as also Churches may be united for the same end: which uniting is by the Canons allowed in 4. cases. 1. for the paucity and fewness of the people: quae minus In what cases Churches may be united. decem mancipia habeat alijs coniungatur Ecclesijs Toletan: 16. can. 4. 2: propter vicinitatem loci, for the nearness of the place, as Gregory did unite Cumanam & Micenatem Ecclesias. Vicinitas loci nos invitat cause. 17. qu. 1. c. 48. 3. When any Church is vasted or decayed: post quam hostilis impietas diversarum civitatum vastavit Ecclesias: cause. 16. qu. 1. c. 49. 4. si ita fuerint tenues in substantia, &. If they be so small in substance, that they are not able to maintain the proper pastor: Greg. 1. 14. 4. 4. This objection helpeth not them that possess many and rich benefices, who are not driven to have pluralities of necessity, but of an ambitious and covetous mind, and superfluity. 2. Object: Many have but one parish, etc. which would require two or ten men to speak at once etc. Answ. Neither doth it follow, because some parishes are large, and have many Chapels, which would require two or ten men, etc. that therefore a man may be as well non resident in divers Parishes. 1. the one is a non residence necessary, it being but one parish by the law, the other voluntary: the Chapels are united for nearness of place and want of sufficient maintenance: but some have Churches far distant, which each of them would suffice for the Pastor's sustentation: therefore the reason is not alike. 2. Such What course should be taken with large parishes large Parishes might without any inconvenience be divided, as large Dioceses have been shared into divers: as the Bishopric of Tholouse was divided into five: Extravag. come. lib. 7. tit. 2. cap. 5. And here in England the Diocese of Ely and Oxford were taken out of Lincoln: So also large Parishes might safely be apportioned into more: Propter nimiam distantiam Ecclesiae etc. For the great distance of the Church a new may be builded in the parish, and a certain portion of maintenance be allotted. This liberty Alexanber the third granted in his rescript to the Arch Bishop of York. Decret. Greg. lib. 3. tit. 48. cap. 3. 3. Or else he that is Rector of the Mother Church ought to provide sufficient maintenance for the Chapels: as Urban the second took order in the Placentine Synod; Si quae capellae sunt quae suis reditibus, etc. If there be any Chapels which are not able by their revenue to maintain the Clerks, the Rector of the mother-Church shall provide both for the maintenance and Ecclesiastical duties in the Chapels. The like constitution was made Consil. Oxoni. sub Stephan. In singulis parochialibus Ecclesijs, etc. In every parish church where the Parish is scattered, there shall be two or three Presbyters, according to the largeness and ability of the church, lest when one is sick, the ordinary duties should be withdrawn. Object. 3. It hath been permitted by wise and godly Magistrates, that have given way unto it, etc. Answ. 1. If Princes have given way by their laws to nonresidency, forced through the iniquity of times, to tolerate that which they could not altogether remove: that doth no more make it lawful, then for the same reason usury should be approved, because in some positive laws it hath been in some cases permitted. 2. If it hath been in some cases and in some persons permitted, and them of best desert, this is no excuse for nonresidency for most parsons that will; and many of them of mean desert, and upon small colour and occasion as it is now practised. 3. Princes rather, and other Magistrates civil and Ecclesiastical, have by laws more restrained then permitted nonresidency, as hath been declared before. arg. 10. Object. 4. That it is absolutely unlawful etc. neither hath been proved or ever will, etc. Answ. Absence from the flock for a time upon necessary occasion is permitted both by the Scriptures and by the ancient Canons. As 1. for the service of the Church, as Paul saith, Bring Mark with thee, for he is profitable unto me to minister In what case the pastors absence is permitted for a time from his flock. 2. Tim. 4. 11. So Ambrose, Paucorum dierum occupatione detentus, etc. being detained Turrian few days called away by the necessities of another Church, I have been absent from your Assemblies. Ser. 28. Pro servitijs Ecclesiae, etc. A man may be absent for the service of the Church, as being present at Counsels, disputing against heretics, and such like. Decret. Greg. lib. 3. tit. 4. cap. 13. 2. When the flock itself doth pursue their Pastor. Si quis plebis, etc. If any man be absent because of the opposition of his people. Antioch. can. 18. In this case Paul shook off the dust of his feet against the jews, and turned to the Gentiles. Act. 13. 46. But it is not the stubborness of a few that should make a man leave his flock, as Augustine excellently showeth; Thou wilt say, Feci omnia, nihil me video profecisse, etc. I have done what I could, yet I profit not, I would I might rest somewhere else, Oh that I had the wings of a dove, etc. Thus men say, Sed plerunque ita ligantur, ut volare non possint, ligantur non visco, sed officio. But they are bound, they cannot fly, not with bird lime, but in duty. Therefore seeing they cannot forsake their flock, let them say with the Apostle, I desire to be dissolved, and be with Christ. Aug. in Psal. 54. It must not be then the perverseness of some, but the resistance of the whole flock, which should force a man to departed in this case. 3. For health's sake the Pastor for a while may be absent, as to change the air, or when he is detained by sickness, as Epaphroditus was kept from the Phillippians, Phil. 2. 26, 27. So Gregory caused one to be restored, Qui aegritudinis causa per duorum mensium spacium Ecclesiae defuit, which by occasion of sickness had been absent two months. Caus, 7. q. 1. cap. 3. As Augustine when he was sick removed from Hippo. Epist. 56. 4. In time of persecution our Saviour alloweth to flee from one City to an other, Mat. 10. 23. Metu hostilitatis. cause 7. qu. 1. cap. 42. But doth it therefore follow, if for a time upon those necessary occasions, the Pastor may be absent, that therefore he may upon an ambitious covetous humour, and at his pleasure, and that very often, or continually absent himself. Object. 5. In what congruity may he be counted an idle non resident, that is always present in some part of his charge, etc. Ans. And is it enough that a man at some time, and in some part of his charge take pains? what daubing is this? Then give a man 10 or 20 Benefices, for he may at some time, and in some one of them do a little duty. Let us be ashamed that profess the Gospel to use such cloaks which the Church of Rome hath rejected. Later. par. 29. cap. 6. This is rendered as a reason why one should not have divers offices in divers Churches, Quia singula officia quae sunt in Ecclesijs, assiduitatem exigunt personarum: Every office in the Church requireth the assiduity of the persons. Colon. part. 1. cap. 32. unus Presbyter per omnes sibi commissas Ecclesias solus nec persolvere potest, etc. One Presbyter cannot do all the duties in all Churches committed to him. Mogant. cap. 64. unus pluribus Ecclesijs curam impendere necessarium nequit. One cannot take care for many Churches. Object. 6. There are no more intolerable non residents then some etc. Ans. That some of the Petitioners or such as favour them are intolerable non-resident, are but idle words, and are worthy of no answer. The Confuters shall never be able to show any such thing. Object. 7. It is impossible (as church live Untruth. non-resident helpeth not, but hinder a learned ministery. are now allotted) that nonresidency should not be permitted, and yet a learned ministry maintained, Princes and Peers attended upon, etc. Ans. Non residency nourisheth an unlearned Ministry (so far is it from maintaining a learned) when poor Curates are constrained to serve for small stipends, and as the Synod of Collen truly complained, Coloviens. sub Alph. med. 3 c. 9 Churches are spoiled of their due services. Meliores, qui laborare in Ecclesia cupiunt, excluduntur. They which would do more good in the Church, are excluded. As though Princes and peers were not able to maintain Chaplains to attend upon them, but such as live of their flocks where they labour not. It is ambition that draweth such to Prince's Courts, not any necessary service, which is contrary to the Canons, Sardicens. cap. 8, 9, 10. Episcopus ambitione magis quam Deo servire, si videbitur, etc. A Bishop rather for ambition than God's service, going to Court, must be deprived, (yet his Majesty as reason is, may have to preach before him men of the best gifts, without any long absence from their flocks.) Bernard when Pope Innocent sent for him refused to go, making Epist. 153. his answer: Non dico, juga boum, aut villam emi, etc. sed plane parvulos me lactare fateor etc. I say not I have bought oxen, or a farm, but I suckle little ones, and therefore I see not how I can come without their great danger. Universities are not maintained, but hindered by non-resident, when by this means the elder sort live there like drones, and keep out younger students, that might do more good. As for the masters of houses, most of their places are sufficient without other helps to maintain them in competent sort, the other might be provided of dignities without cure, that they need not clog themselves with benefices. Cathedral Churches also may be served with residence of prebend's by course: there is no necessity of continual or long absence from their flocks for this cause: the only inconvenience is to their purse, if they be not perpetual residents, according to that Canon which forbiddeth, Ne canonici non residentes, quotidianas distributiones ex integro perciperent. They should but so much want of their dividend. Wherhfore (most noble King) 1. Seeing shepherds ought to attend upon their flock. 2. and Stewards upon their charge. 3. and every one must abide wherein he is called, 4. seeing ministers are watchmen, 5. and they which flee from their flocks are idle shepherds and hirelings, 6. they which feed not the flocks love not Christ, 7. and they which are absent cannot discharge the pastoral duties, which are many, 8. seeing non residency bringeth apparent danger to the flock: 9 and maketh the Pastor inexcusable: 10. and is condemned by the Canons and constitutions of the Church. And further, seeing nothing of any moment can be alleged in excuse of non-resident, 1. Neither the smallness of living, 2. nor largenesle of the parish, 3. nor sufferance by some positive laws, giving way to the time, 4. nor absence upon some necessary occasion, 5. Seeing nonresidency tendeth not to the maintenance of learning, Court, Church nor University: we trust your Majesty is resolved to cherish good Pastors, and to see all Churches planted with such, as shall reside to do their duty among their people. And to say with Ambrose, Ego Amb epist. 54. diligo eos vel Presbyteros, vel Diaconos, qui cum aliquo processerint, nequaquam se patiuntur a suo diutius abbess munere. I love such Presbyters and Deacons, who when they are gone abroad, will not long be from their charge. ARTIC. 4. Of the Marriage of Ministers. IT is well our Brethren consent with us for ratifying of the civil marriage of Ministers: we would also, that they did accord with us concerning their spiritual marriage, whereof Ambrose thus writeth upon these words of the Apostle, unius uxoris virum, etc. Prohibet bigamum Episcopum ordinari, si vero ad altiorem sensum conscendimus, inhibet Episcopum duas usurpare Ecclesias: He forbiddeth a Bishop that hath two wives to be ordained: but if we will go to an higher sense, he forbiddeth a Bishop or Pastor to usurp two Churches. The fifth Article of Subscription. Reasons against subscription to the book. 1. MINISTERS were forced to subscribe to many things not warranted by the word: In such cases the Apostle giveth this rule: to whom we gave not place by subjection, not for an hour: Gal. 2. 5. And Hierom confidently saith: Ego libera voce reclamant mundo profiteor, etc. I do jerom. Augustine. freely profess though the world say nay, that the ceremonies of the jews are deadly, and pernicious to Christians, and whosoever observeth them is cast down into the Devil's dungeon. Wherhfore in imposing subscription, not to jewish only, but which is worse to ceremonies used in the Popish Church, they laid a yoke upon men's shoulders too heavy to bear. Secondly, seeing the preachers consented in all substantial points of doctrine, they should have used their Christian liberty in such ceremonies according to the Apostles rule: the kingdom of God is not meat nor drink (nor by the like reason apparel) but righteousness, and peace, and joy in the holy Ghost, for whosoever in those things serveth Christ is acceptable to God, and approved of men: let us follow those thing which concern peace, and wherewith one may edify another. Rom. 14. 18, 19 Uniformity in ceremonies than should not have been so strictly urged, seeing there was a general consent in doctrine, but forbearance should have been used in matters (say indifferent) for peace sake: in una fide nihil officit Ecclesiae sanctae consuetudo diversa. Toletan. 5. can. 5. 3. Though it had been a fault in the preachers not to be conformable in these ceremonies, yet did it not deserve so great a punishment, as suspension, degradation, incarceration, deprivation: that non-resident, idle, ignorant, superstitious, adulterous Clergy men were not so proceeded against as honest painful preachers, what was this else, but with the Pharisees to strain at a gnat and swallow a Camel. Such severity in trifles was taxed long ago by Augustine: hoc nimis doleo, etc. this They were wont to observe the 8. day after baptism, Aug. contra Petil. 2. 37. Aliud est quod octave die baptizatornm nos celebramus. much greeveth me, that many things wholesomely commanded in Scriptures, are not endeavoured, and all things are so full of human presumptions, that he is more censured that in his octaves setteth his bare feet upon the ground, than he that is given over to drunkenness Epist. 11. c. 19 4. Profitable ministers though wanting in some external matters should have been borne with for the common good of the Church: this course S. Paul took: what then? yet Christ is preached all manner of ways; whether under pretence or sincerely, I therein joy, and will joy: Phil. 1. 18. Thus Hierom saith well: Ecclesia numero superata Advers. joan bierosol. peccantium, etc. the Church overcome with the number of offenders doth pardon the shepherd to do the sheep good. Yea the Canons allow a toleration for the profit of the Church, Vbi Ecclesiae maxima utilitas, vel necessitas postulet; where the necessity or utility caus. 1. q. 7. cap. 17. of the Church so requireth. There was small reason to thrust out preachers for trifles, there being such want of preachers, 4000 Churches in England yet being without. 5, Subscription was urged by force not by persuasion, there was no course taken to resolve them that doubted, and Bishops peremptorily required subscription, without yielding any reason further, or satisfaction to the doubtful contrary to the Apostle, who saith: not that we have dominion over your faith. 2. Cor. 1. 24. But they which urged subscription commanded, they persuaded not men's conscience, the Church of Rome some time was more equal, as Leo, 1. thus writeth: plus erga corrigendos agat benevolentia, quàm severitas: plus cohortatio, quàm comminatio: plus Charitas, quàm potestas, etc. with those, that are to be corrected, let Clemency prevail more than severity: cohortation then commination: charity, than authority, but they which seek their own, not jesus Christ's, do serve from this Law, which seek rather to rule then counsel their subjects for while honour pleaseth, pride puffeth up, that which was provided for a remedy to a malady. Leo epist. 82. distinct. 45. 6. In the urging of subscription they forget Christian compassion stripping Ministers; and some of them aged of their live to the undoing of themselves, their wives, and children. josias showed more compassion to the Chemarims that were idolatrous Priests: who though they were not permitted to come up to the altar, yet did not eat unleavened bread among their brethren. 2. Reg. 23. 9 they had their maintenance from the temple. The Pope's Canons herein were more equal, that pitied old age, as Gregory thus decreeth sed quia simplicitatem tuam cum senectute novimus, interim tacemus: the penal sentence was ready to be inflicted, but because we know your simplicity joined with old age, we hold our peace. Caus. 1. q. 7. can. 11. 7. This forcing of subscription to Ceremonies not warranted by the word, is contrary to the Scriptures and practice of the Church: In Nehemiahs' time Subscription was required, and an oath of the chief of the people, but it was only to walk in God's Law: Neh. 10. 29. not to keep any traditions not written. When Victor would have forced the East Churches to keep Easter, as the Latin Churches did, and was resolved to excommunicate them certain Christian Bishops, and Irenaeus among Euseb. lib. c. 22. the rest did reprove him, tanquam inutiliter Ecclesiae commodis consulentem, as unprofitably regarding the Churches good. There arose in Gregory the first his time a Tolet. 4. c. 5 great difference in Spain about the thrice dipping in baptism, some doing it but once, Leander, a Spanish Bishop sent to Gregory about it, who determineth that the Infant was baptised: sive trina, sive simpla mersione: whether with thrice or once dipped, he would have no contention about that ceremony. But his successors more rigorous, then charitable, one decreed that it was Evangelicum praeceptum, Part. 3. dist. 4. c. 82. an evangelical precept to dip thrice. Another, that he was not a perfect Christian that was not thrice dipped. Lastly, Pelagius. it was decreed in the 8. general Council at Constantinople, that whereas Photius the Can. 8. 9 council. general. Constantinop. usurper of that sea did extorquere chyrographas, etc. extort from clergy handwritings, promising thereby to cleave unto him, and he again gave them by his hand writing faculties to preach. And certain Catholic Bishops had taken up the like custom to urge subscription. The contrary was decreed by that Council: ut Episcopi nullus chyrographas, etc. that Bishops should no more exact such subscription: sed tantummodo fierent solennitates de more, but to be content with the old use: they should enforce no new subscriptions, but keep the old customs & solennities. The Bishops then in urging new subscriptions to combine the Clergy to cleave unto them, & not otherwise to grant them licenses to preach, did revive the corrupt use of Photius the pseudo-Patriark condemned in this Council. 8. To require absolute subscription to the book is to make it almost equal to the Scripture, as freed from all error, but this properly the holy writings only have, viz. to be perfect, right, pure: Psal. 19 7. The Law of the Lord is perfect, the statutes of the Lord are right. What could be required more than to subscribe absolutely to the word of God, as pure, perfect, and without any error. Augustine well distinguisheth between divine and human writing: the Scriptures canonicis non licet dicere, etc. of the Canonical Scriptures it is not lawful to say, the Author was deceived, but in other books which are written by us, not with authority of precept, but exercise to profit, though there be found the same verity yet are they not of the same authority, which kind of writing must be read not with necessity of belief, but liberty of judgement, Aug. count Faust. l. 11. 5. But there is now no liberty of judgement left, but necessity of belief imposed in this absolute subscription. 9 Beside, this violent course of subscription hath bred a great scandal in the Church, & disturbed the peace thereof, that whereas quietly before Ministers joined together in building the Lords house, after the same began to be urged, than suspensions, imprisoning, silencing, depriving of many profitable ministers followed. Saint Paul saith, Would to God they were cut off that disquiet you. Gal. 5. 12. They were disquieters of the Church that urged the ceremonies, not they that refused them. Conscience forced not the one to urge subscription: for they themselves hold these Ceremonies not to be necessary: but conscience moved the other in not subscribing unto them. Who were then disturbers, they which urged those things, which with a good conscience might be left: or they which refused those which with a good conscience they thought they could not use. There is a rule in the law, In rebus dubijs pars tutior sequenda; In doubtful matters the safer way is to be followed. Not to use such rites and ceremonies is no sin: but to yield unto them, in him that is not resolved, is sin. The law resolveth, that the less doubted course should be taken, not to use them at all. Cyrillus thus writeth to Gemadius: Sicut ij qui mare navigant, etc. As they which sail in the Sea, when a tempest ariseth, and the ship is in danger, do disburden it of some things to save the rest: so seeing it is not in our power to save all, despicimus ex ijs quaedam ne cunctorum patiamur dispendia: We seem to neglect or wink at some things, lest we should lose all. So it had been better to have cast out such burdenous ceremonies, then to put the ship of the Church in hazard, and disturb the peace thereof. 10. The form of, subscription is contrary Subscription contrary to law. to the law of the land, as may appear by these reasons, 1. The Law requireth subscription only to the Articles of Religion in these words, He shall declare Anno 13. Eliz. c. 12. his assent, and subscribe to all the articles of Religion, which only concern, the confession of the true christian faith, and the doctrine of the Sacraments. But to subscribe to the book of common prayer, doth not only concern the confession of true Christian faith: Ergo by the law it is not to be subscribed unto. 2. That which Ministers do subscribe unto by law, must appear under the seal, testimonial of the Bishop, and be publicly declared in the Church within two months of induction: but neither doth the testimonial make mention of subscription to the book, neither is the Minister bound to declare his assent thereto in the Church: Ergo it is not agreeable to the law. 3. The law especially enacted concerning An. 1, Eliz. cap. 12. the book of Common prayer only punisheth such as do not observe it, and use the rights and ceremonies therein prescribed, it punisheth not such as refuse to subscribe thereunto: so that the law requireth only obedience in practice, not subscription in judgement to the book. 4. This may appear in the equity of other laws and statutes of this land, as for the observation of lent and fasting days, and other such matters, whereunto it requireth not subscription, but only execution: and a faithful subject will be content to yield his observance and obedience unto many laws, whereto he would be loath to give his assent. Wherhfore seeing subscription to the book is first against piety, in that many things are there prescribed, not warranted by the word: 2. without any necessity. seeing there is a consent in the substantial points of faith: 3. with great partiality in punishing, more for ceremonies then other greater transgressions: 4. against the utility of the Church in depriving the same of so many profitable men: 5. preposterous enforcing by authority, not persuading by argument: 6. against charity in not sparing aged Ministers, their wives and children: 7. contrary to the practice of the Church: 8. equalizeth human writings to Scriptures: 9 disturbeth the peace of the Church: 10. is against the law of the land. A most happy service your Majesty should do unto Christ, benefit to his Church, contentment to your best disposed subjects, to remove this hard yoke and heavy burden of subscription: and do herein as good Constantine did, who when bills of complaint were brought unto him by the Bishops, cast them into the fire, and made a peace among them. And as Pompey intercepting a packet of letters sent to Sertorius tending to sedition, burned them. And as Basilius the Emperor caused all the syngrapha and subscriptions, which Photius had of the Ministers to be committed to the fire. council. gener. 8. Act. 8. Objections. 1. Obj. BUT it will be objected that the most part of the parishes of this land have subscribed already, as the Bishops have to show in their books of subscription, only a few persons excepted. Answ. To this we have answered before at large in the defence of the general censure: Art. 3. And of the preface; art. 6. upon what grounds and reasons some were resolved in respect of the time to tolerate by subscribing that which simply they thought not fit to be prescribed to the Church. 2. Object. This forcing of subscription hath made an uniformity in the Land, and wrought great peace in the Church. Answ. 1. We have showed before that nothing hath bred greater variance and disturbance in the Church than this torture of subscription. 2. It was such a peace as Hierome speaketh of, which the Hierom. ad Theophil. Patriarch of Jerusalem brought his Clergy to: quod si pacem habere non potest cum fratre, nisi cum subdito, ostendit se non tam pacem capere quam sub occasione pacis vindictam. If he cannot have peace with his brother, unless he be his subject, he desireth not so much peace as revenge under that colour. And again: nihil grand est pacem voce praetendere, & opere destruere: It is no great matter to pretend peace in word, and overthrow it in deed. so the urgers of subscription pretended peace, but they intended it not, but rather extinguished it, of whom we say with Hieroms words: Moneas illos pacem non extorquere, sed velle: Tell them they should not extort peace, but exhort unto it. 3. Object We know no subscription urged not disagreeable to law. Ans. That the subscription urged is not agreeable to law is showed before, arg. 10 4. Object. At Geneva they strictly tie all &c. to the observation of their Church government, etc. Answ. If the Church of Geneva urge a But to nothing in controversy as our ceremonies and Discipline. conformity to that which they are able to warrant by the word, and have a positive law for the same, that can be no rule or precedent for such subscription and conformity, which is not so warranted. And if either they or any other Chur. shall impose subscription to that which is not grounded upon the word, we neither defend nor commend it. Object. 5. Not urging a conformity in Church discipline is to set open the high way to all disorder and confusion, etc. Answ: Though it may be remembered that in the time of popery, when they stood more upon conformity in ceremonies, than protestants do, there were 4 or 5 kinds of divers services in the laud, some following the use of Sarum, some of Bangor, some of Lincoln others of Hereford, orhers of York: yet we mislike not a conformity even in external matters. But first let no thing be urged, but that which may be warranted by the word, then let our brethren call for an universal conformity. And we could wish the same rule to be kept which Gregory the 1. some time prescribed for England: non pro locis res, sed pro rebus loca amanda sunt: ex singulis ergo quibuscunqe Ecclesijs, etc. Things must not be loved for the place, but the place for the things: therefore out of every Church chose such things as are godly, religious, right, and these bound as it were in a bundle, lay up in English hearts: we could wish likewise that for ceremonies we followed the best reformed Churches. The Defence of the third part. Reasons and arguments against Plurality of Benefices. 1. Arg. Our Saviour Christ Describing a good shepherd in his own person saith: I am the good shepherd, and know mine own, and am known of mine. joan. 10. 14. A good shepherd than must be conversant among his flock, as the preacher saith: Agnosce vultum pecoris tui: Be deligent to know the state of they flock and take heed to the herds, prov: 27. 23. But so cannot they do that have many flocks. Damasus hereupon well saith: si domini desideramus esse descipuli, ipsius imitemur Damas' epist. 4. decret. vestigia, etc. If we desire to be the Lords disciples, let us walk in his steps, that it may be said of us, I am a good she epheard and know mine own, and call them by name, etc. 2. Arg. A faithful Pastor must not be given to filthy lucre. Titus. 1. 7. but to have two or more benefices, proceedeth of covetousness. Nicen. 2. can. 5. Clericus ab hoc deinceps tempore in duabus Ecclesijs non collocetur hoc enim est negotiationis, & turpis lucri proprium. A Clergy man must not be placed in two churches, for this savoureth of filthy lucre. 3. Arg. S. Paul saith, Let every man wherein he is called, therein abide with God. 1. Cor. 7. 24. But they which are called to one Church, and after accept another, remain not in their first calling. This reason is used by the same Council against the having of two Churches: Ab ipsa Domini voce audivimus non posse quenquam duobus Dominis servire, unusquisque in eo quo vocatus est debet manner. We have heard from the Lords own mouth, No man can serve two Masters, Every one ought to remain in that to which he is called. 4. Arg. The Apostle saith, Who is sufficient for these things. 2. Cor. 2. 16. A man is not sufficient to discharge one cure, much less can he supply the Pastor's duty in diverse. This reason was used in the Lateran Council. part. 1. cap. 13. sub Alex. Cum unum officium vix supplere possint, stipendia vendicant plurimorum: When they cannot do one man's duty, they challenge the stipend of many. 5. Arg. The Apostle again saith, If there were any that would not work, he should not eat, 2. Thess. 5. 10. But pluralists work not in their charge from whence they are absent: Ergo, they should not eat of such flocks. This reason is urged Oxoniens. sub Stephano, Si residere noluerint, cum non nisi laborantibus panis dandus sit, Ecclesijs per Episcopum spolientur: If they will not be resident, seeing bread must be given only to them that labour, let them be deprived. 6. Arg. That use and custom which maintaineth hirelings in the Church, and an unpreaching and insufficient ministry, is not to be suffered in the Church: for our Saviour speaketh against hirelings and mercenary Pastors, joh. 10. 13. An hireling flieth, because he is an hireling, etc. But the plurality of Benefices bringeth in hirelings. This reason is used by Innocent. 2. Ne Ecclesiae conductitijs presbyteris committantur, cause. 22. q. 2. c. 5. Lest the church be committed to Hirelings. This complaint was made many years since, as is extant, opusc. trip. lib. 3. c. 6. Quando ponantur vicarij, etc. When hirelings are placed, respect is not had to the sufficiency of the person, but to him that will serve for least wages. 7. Arg. It is not fit that some Ministers should a bound, and others want: that some men should be eased, others grieved, as the apostle saith, but that there be an equality. 1. Cor. 8. 14. Inhonestum videtur ut alij sacerdotes habeant, alij detrimentum patiantur? Decr: cause, 16. qu. 7 - c. 1. But pluralities cause many Ministers to be in want, and by this means keepeth them out of the Church, that would do much good: Meliores qui laborare in Ecclesia, etc. The better sort, that would labour in the Church; are excluded, and are forced to profane studies, when as they might be an ornament to the Church: Coloniens: sub Adulpho med. 3. c. 9 8. Arg. S. Paul would have the pastors to be examples to their flock, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to be as seals to leave a print upon their people. The latin text addeth by way of exposition Exanimo, to be examples fram the heart. 1. Pet. 5. 3. And Augustine therefore fitly sayeh, the Ser. 40. ad fratres in cremo. pastor is compared to the olive, propter vim oleae triplicem: nam illuminat, pascit, & fessa membra fovet, etc. oil doth lighten, feed, and cherish: so Prelates should illuminate by the word, feed by their example, foster the poor by temporal benefits. One of these the Pastor may do being absent, to feed the needy; but the other, to feed by his example, and lighten by doctrine, he cannot do, unless he be present. 9 Arg. Gregory gathereth this argument against pluralities out of that place of S. Paul: If the whole body were an eye, where were the hearing? 1. Cor. 12. 17. Sicut indecorum est, ut in corpore humano alterum Distinct. 89. cap. 1. membrum alterius fungatur officio, etc. As it is unmeet that in the body one member should do the office of another: so it is hurtful if every ministration be not to several persons distributed. 10. Arg. We will now show how this abuse of coveting after diverse Churches, hath been censured by the ancient Canons. 1. They are decreed to be disgraded: Non licet clericum in duabus simul Ecclesijs conscribi, etc. qui aliter fecerint, cadant de proprie gradu. Chalc. c. 10. 2. They were deprived of the benefice received after the first: si aliter factum, qui receperit, amittat, Lateran. 1. c. 13. 3. Et qui dederit, largiendi potestate privetur, ibid. The patron in this case lost his gift. 4. Electio cassatur: His election and admittance that had other dignities, is made void, Greg: lib. 3. tit. 5. c. 18 5. Si illud forte retinere contenderit, alio spolietur. He that contendeth to hold the first, having accepted the second, shall lose both. Lateran. sub. Innocent. 3. c. 29. 6. Excommunicatur nisi ad proximam revertatur Ecclesiam. Chal. c. 20. He is judged to be excommunicate, that returneth not to his own Church. Objections. 1. Object. THESE canons mean, that no man should be set over two cities, or great towns, not any two Churches. Answ. The clean contrary is evident: Episcopi non in castellis, etc. Bishop's must not be set in small towns but presbyters should be by the Bishops ordained in villages and towns: singuli tamen per singulos titulos suos: but several persons in their several titles. Anaclet. distinct. 80. 3. Here it is evidently expressed that the smaller towns shall be committed severally to several pastors. So likewise Dionysius: Ecclesias singulas singulis presbyteris dedimus: we have granted every Church to his proper presbyter. cause. 13. q. 1. c, 1. Nullus presbyter duas habeat Ecclesias: no presbyter must have two Churches, Alex. cause 16. qu. 7. c. 20. In duabus Ecclesijs clericus conscribi nullo modo potest. A Clerk must by no means be placed in 2: Churches: cause 21. q. 1. c. 1. 2. Obj. Where the maintenance of the Minister is small there it is fit the minister should unto it adjoin another. Answ. To this see our answer before: defence of the second part of the petition art. 3. 3. Obj. Why may not one man hold two or three benefices, as well as one hold a Church with two or three Chapels. Answ. To this we have answered likewise before: defence of the second part of the Petition. art. 3. 4. Obj. The Canons only spoke against pluralities that are held without dispensation, not otherwise. Answer. By these means if pluralities were lawful by dispensation, all the restraints by Canons would be nothing else but engines to draw profits to Courts for faculties and dispensations. 2. The Canons have no power to dispense with any precept or constitution of the Scriptures, as this is of Residence and attendance upon the flocks of the people. 3. But the better Canons do allow in this case no dispensation at all. Greg. Decr. lib. 1. tit. 6. 54. The Canon calleth concessionem per Archiepiscopum Dispensation for pluralities not good by the Canons. factam frivolam excusationem. The grant or dispensation made by the Archbishop to hold more Churches, a frivolous excuse. Greg. lib. 3. tit. 5. c. 6. Ad mandatum Papae, etc. At the commandment of the Pope one is not bound to provide for him that hath a benefice already, who cannot be provided for without scandal. Extrav. joan. tit. 3. c. 1. Obtinentes plura beneficis curam animarum habentia ex dispensatione virtute illius non poterunt retinere nisi unum. By virtue of a dispensation one can hold but one benefice. This canon is repeated verbatim, Extrav. Come, lib. 3. tit. 2. c. 4. And it is the last canon in force of this matter. 5. Obj. Some that would seem to make more conscience than others, do think that if they hold but one benefice with cure, that it is no transgression of the Canons to heap up and multiply other dignities, as many as they can get. Answ. Yes even this also is forbidden by the Canons. Venet. council. can. 8. Abbatibus singulis diversas cellas vel plura monasteria habere non licet, etc. It is not lawful for Abbates to have diverse celles or monasteries, one ought to be content with one Archdeaconry. Lateranens. part. 24. c. 5. Illud omninò est rationi contrarium, etc. It is against all reason that one person in diverse Churches should have an Archdeaconry and Deanery, when as every office in the church requireth personal attendance. Lateranens: part. 39 c. 6. Nullus debet habere plures vicarias: None ought to have divers vicarages, Decr. Greg. lib 3. tit 5. c. 5. The Canon caleth multitudinem praebendarum canonibus inimican The multitude of prebends an enemy to the canons. Thus by the Canon it is not Lawful to hold many Monasteries, Colleges, Archdeaconries, prebends: only we find liberty to hold a Church with cure, and a prebend, and that without dispensation: habere personatum cum cura, & prebendam, etc. Dispensatio necessaria non existit. Sext. decr. lib. 3. tit. 4. c. 6. Yea by the imperial Law it was not lawful for one to hold two civil offices: nec sit concessum cuiquam, etc. Let it be granted to none to have two Magistracies, and to exercise judgement in both: for it is not like that one man should suffice for two necessary duties: for when he is present in one place, he must needs be wanting in the other, and so be wholly fit for neither, but let him be content with one Magistrates place, leaving the other. Cod. lib. 1. tit. 52. leg. 13. justinian. Thus by this Imperial constitution to hold two Chancellors, or Registers places, to be a judge in two Courts, is thought to be inconvenient. 6. Obj. They desire to limit the King's favour, seeing none except he be the king's chaplain may hold three benefices with cure, etc. p. 18. Answ. We take not upon us to limit the king's favour but humbly beseech his excellent Majesty that it would please him to limit his own princely favour that non-resident and pluralists, to the hurt of Christ's Church, and damage of many Christian souls, use no longer that cloak of their covetousness. 7. Object It is not known that there be five in all the land that hold three such benefices. Answ. If there were but one to be found that held three such benefices, it were too much 2. Yet all the kings chaplains, if they were an hundredth, might enjoy the same favour, which who seethe not, how inconvenient it would be? and it is against the Law of favours: quod alieni gratiose conceditur, trahi non debet alijs in exemplum: That which is granted of favour to one, should not be a measure or example for other. 3. Our brethren all this while say nothing of double beneficed men, which are almost (sans numbered) the confuters should have done well to have mustered them as they have done the other. But whether they are double or triple beneficed men, they may all be ranged in the rank of pluralists, according to that rule in the Law: Pluralis locatio duorum nomine contenta est. Two make a plural number. 8. Obj. What good dealing is this etc. To make the world believe it is acommon fault etc. Answ. We take our brethren's confession, that it is a fault, though as they say, no common fault, to have three benefices: and we pray you why is it not also a fault to have two? It is a fault to have three, because it argueth a covetous mind and such an one taketh upon him more than he can discharge: both these faults concur in accepting of two benefices, where one for maintenance may be sufficient, and two are more than a man can discharge. Wherefore according to another rule in the Law. Cum quid prohibetur, prohibentur omnia, quae sequuntur ex illo. Reg. juris. 84. when any thing is forbidden, all things are forbidden which follow it. Wherefore (O most noble king.) 1 seeing a good shepherd ought to be conversant The conclusion. among his flock. 2. Not given to lucre. 3. must abide wherein he is called. 4. Is not sufficient for one charge, much less for two or three. 5, Seeing he that worketh not in his charge must not eat. 6. And by pluralities hirelings are maintained in the Church. 7. By this means some men want, and other overflow. 8. And such pastors can not be examples to their flocks 9 neither is it fit that one member should have the office of diverse. 10. The practice of the Church in former times condemneth pluralities. Seeing nothing can be objected to the contrary of any moment. 1. That it is unlawful to have not only two cities, but two towns. 2. That neither the smallness of the living. 3. Nor largeness of the parish is a sufficient excuse. 4. Nor yet to hold them by dispensation. 5. nor yet to have many dignities without cure. 6. or to hold them by special favour. We trust your Majesty in good time will see this abuse reform, which was sometime odious even among the Romanists: Quis per Deum immortalem miserabilior aspectus esse Suggest. Cardin. abus. 8. potest Christianum orbem peragranti, quàm haec Ecclesiarum solicitudo. O good God, what more wretched sight can there be in the whole Christian world, than this desolation of churches. ARTIC. 3. Of Impropriations. Reasons and Arguments showing that it is neither lawful nor convenient for Ecclesiastical corporations to demise their impropriate tithes to Lay Farmers. 1. Arg. Tithes should be used according to the first institution: but then they were permitted only to the Priests: Ergo, they should now be proper to the Ministers of the Gospel. Thus Damasus groundeth his reaso upon the equity of Moses Law, which prohibiteth any stranger saving only Aaron and his sons to eat of the holy things. Exod. 29. 33. Whereupon he writeth thus: Oblationes, quae intra sanctam Ecclesiam offeruntur, etc. Oblations offered in the Church should by no means be under the power of lay men, but it is only lawful for Ministers to eat and drink thereof, because in the old Testament the Lord did forbid any of the children of Israel to eat of the holy bread, but only Aaron and his sons, Damas'. Decr. 3. 2. To usurp the Lords right without his warrant, is presumption. But tithes are holy to the Lord, Lev. 27. 28. What is holy to the Lord he giveth to the Priest. Numb. 18. 14. Every thing separate from the common use, shall be thine. And God hath no where transferred his right to any other but the Priest: Ergo, it is presumption for any (but the Priest) to challenge tithes. Thus reasoneth Boniface, Decr. 3. Omne quod Domino consecratur, etc. Whatsoever is consecrate to God, belongeth to the right of the Priest, therefore he is inexcusable that taketh such things away. 3. Tithes are due for the service in the house of God: they only have right to reap temporal things that sow spiritual: Lay men perform no spiritual duty, Ergo, they ought no ways to reap temporal things due for the same. This reason Chrysostom useth: Quomodo nunc sub Evangelio debent Laici oblationes etc. Under the Gospel how should Lay men either eat themselves, or let to others the oblations which Christians offer to their Pastors seeing it belongeth not to them to pray for others, in Math. 12. 4. Augustine upon that place, Exod. 22. 29. Primitias areae tuae, etc. The first fruits of thy flower and winepress, thou shalt not be slow to pay, thus collecteth: Si tardius dare peccatum est, quantò pejus est non dedisse? If it be a fault to give slowly, a greater it is not to give at all. de Temp. serm. 219. from hence we infer thus: Lay men must pay tithes, Ergo, it belongeth not to them to take tithes. As Jerome well showeth, speaking of the difference of Lay men and Clergymen. Clerici pascunt oves: Ego pascor, etc. Clergy men feed their sheep, I am fed: they live of the Altar, but the axe is laid to me as a fruitless tree, if I bring Hieron. ad Heliodorum not to the Altar. 5. I urge Ambrose reason: tanta merces esse debet Evangelizantis regnum Dei, etc. Such should be the reward of him that preacheth the Gospel, that he be neither grieved nor extolled, 1. Tim. 5. But where lay men farm their tithes, the Minister's portion is scant, and hath not sufficient maintenance, therefore it is inconvenient that they should farm the tithes. 6. The Bishop and other Clergy men are bound by the Canons to relieve poor ministers of their own, if need so require: Si quis Episcopus aut Presbyter Clerico ex inopia laboranti, etc. If a Bishop or Presbyter do not minister things necessary to a clergy man in want, let him be put from the communion. Can. Apost. 58. Episcopus pauperibus & infirmis, etc. A Bishop to those poor and impotent that cannot work with their own hands, must give victual and raiment. Aurelianens. can. 18. If they are bound to help other poor, much more such as are of their own calling; and if they ought to give them of their own, much more to restore them that which by right is theirs, and not to enrich lay men, and suffer the minister to beg. 7. That is neither Lawful nor convenient whereby an unpreaching Ministry is maintained, and the preaching of the word hindered. But by demising tithes to Lay men, and severing them from the Ministers use, this inconvenience ensueth, Ergo. etc. Hierome complaining of covetousness of Bishops in his time, showed what ensued thereupon. Solus Episcopus incubat divitijs, solus universa sibi vendicat, solus partes invadit alienas, solus occidit universos. The Bishop only would be rich, he only challengeth all things, he only invadeth other men's right, he only killeth all. de 7. ordinibus. By this means, while the Minister was deprived of his maintenance, many men's souls perished for want of teaching. The same reason is alleged in the Canons, that for want of sufficient maintenance saepe contingit quod non inveniantur idoneae personae, etc. It often falleth out that fit persons are not found which will take such Churches, and so often times they are bestowed upon such as are not fit, whereby souls are endangered. Greg. lib. 3. tit 4. c. 1: Decr. 8. The same Canons allow not Religious men themselves to occupy to their own use the tithes of the Churches, sufficient maintenance not being left for the Minister, much less ought others to do it in their right: Clemens 3. Fuit olim per sedem Apostolicam providè constitutum, etc. It hath been in time past providently decreed by the seat Apostolic, that the Diocesans should admit none to any Church presented by Religious persons, unless in their presence so much of the revenues of the Church were assigned, whereout they might have sufficient maintenance Decr. Greg. l. 3. tit. 4. c. 1. yea ecclesiastical persons are bound for their lands to pay tithes, much more not to take away tithes, where otherwise the maintenance is scant. Cabilonens. sub Carolo, c. 19 Decrevit sacer iste conventus, ut Episcopi, & Abbates de agris, & vineis decimas Ecclesi●● dare faciant. If then clergy men themselves are not to possess tithes where sufficient is not remaining for the Minister, much less ought Lay men in their name to do it. 9 By the Law both Imperial and Canonical, it is unlawful to alienate by any means the possessions and laws of the Church, Cod. Lib. 1. tit. 5. leg. 14. Leo Antbenius: jubemus nulli posthac Archiepiscopo esse facultatem, praedia, etc. We will that from henceforth no Archbishop have power by any kind of alienation, to convey to any person whatsoever, their manners, immovables, civil revenues; let them keep them inviolably without any mutation: no though all the clergy men should consent with the religious Bishops in the alienation of such possessions. Sicut ipsa Ecclesia perpetua est, etc. Ita ejus patrimonium jugiter servetur illaesum: as the church is perpetual, so should the patrimony thereof remain untouched: he that buyeth such, shall lose that he paid, the writer shall be banished, the judge shall forfeit his goods and his place. Hereunto also the Canons agree: Definivit Synodus, etc. The Synod hath dereed that no Bishop shall sell the salaries or possessions of the church, let him be deposed as a transgressor of the Divine laws. Octau. Synod. general. c. 15. Non licet Papae, etc. Caus. 12. q. 2. c. 10. It is not lawful for the Pope to alienate any man, nor of the Church for any necessity. Nec in usum fractuarium dare, etc. Nor to give the lands in fee farm. But it is much more to alienate tithes from the Minister, which is the proper inheritance of the Church, than other temporal laws. If this be unlawful, much more the other. 10. The Canons do not only hold it unlawful for lay men to possess tithes, usus decimarum secularibus provenire non potest, Caus. 16. qu. 1. c. 68 Nullus decimas ad alios pertinentes accipiat. Leo caus. 16. qu. 2. c. 4. But they do grievously censure them, Qui non Ecclesiae restituerint iterum, etc. He that restoreth not to the Church the things which belong to the Church, neither do yield his evidences to be canceled, let him stand accursed till he do it. Caus. 12. q. 2. c. 13. Decimas quae in usus pietatis concessas esse, etc. Tithes which the canons show to have been given to pious uses, we forbidden any lay men to hold, whether they have received them of Kings or Bishops: unless they restore them to the church, let them know that they have committed sacrilege, and incurred the peril of damnation. Caus. 16. q. 7. c. 1. What more grievous sentence could be given, then that they which usurp the tithes of the Church, commit sacrilege, stand accursed, and are guilty of eternal damnation. 11. Bishop's also and Clergy men making grant of tithes to lay men, are censured by the Canons: Episcopus, qui non sacerdotibus, sed laicalibus personis decimas conferat, inter maximos haereticos & Antichristos, etc. A bishop conferring tithes not upon Priests, but lay men, is not the least among heretics and Antichrists. Caus. 16. q. 7. c. 3. Statuimus ut si quis alicui laico concesserit, etc. He that granteth a Church or a tithe to a lay man, let him be cut off from his place, as an unfruitful tree, Greg. lib. 3. qu. 30. c. 17. 12. Impropriations where sufficient maintenance is not left to the incumbent, are supposed not to be good in law. By what degree impropriations came in. That this may appear, we will show by what degrees they were first founded. 1. At the first the annexing of tithes to other places, and converting them to other uses, was held unlawful: as mention is made of a general Council, wherein it was decreed, Quod ex tunc canonicis ad eorum sustentationem capellae non concederentur: That Canons should not have chapels for their maintenance. Greg. l. 3. tit. 5. c. 33. 2. Afterward a restraint was made, that no more Churches should be appropriated praelati beneficia non applicent mensis: that Prelates apply not benefices to their tables. Clem l. 7. tit. 5. c. 1. 3. Then order was taken, that no Churches should be appropriate, unless sufficient maintenance were left to the Minister: non obstante Episcopi consuetudine; notwithstanding any Episcopal custom. And that he which did not leave congruentem de proventibus Ecclesiae portionem: a competent portion of the Church revenues, should be deprived of the benefice: sciat se authoritate istius Decreti illa privatam. Decr. Greg l. 3. tit. 12. c. 1. 4. By the law of the land bequeasts alienated, and not employed according to the mind of the founder, are forfeited being contra formam collationis: ann. 13. Edward 1. as in this case tithes are, which were first given for the maintenance of the Minister, and preaching of the word. 5. Yea it is also provided that no Church be appropriate, but a certain sum of Money should go yearly to the relief of the poor parochians, and vicar be well & sufficiently endowed, otherwise to be void: ann. 4. Henr. 4. c. 12. and what it is to be conveniently endowed, is there expounded, to do divine service, to inform the people, and keep hospitality ibid. 13. We will lastly show the inconveniences that arise by farming tithes to lay-men. 1. By this means we showed before an unpreaching ministry is maintained, and many perish for want of teaching. 2. Learning decayeth, the rewards thereof being taken away: unde fit, ut in his regionibus, etc. Wherefore it cometh to pass that in these countries scarce any parish Priest is found, qui ullam vel modicam habeat peritiam literarum: which hath any mean knowledge of letters. Decr. Greg. l. 3, tit. 5. c. 30. 3. Hospitality faileth, and the poor want their relief. 4. The Ministers themselves are in great want, and many times driven to hard shifts, as Hierome complaineth in his time, mendicat infoelix Clericus in plateis. The poor clergy man beggeth in the streets, and is constrained to live of his labour, and to ask alms. de 7. ordinibus. 5. The Marriage of Ministers is made scandalous, who dying, by this means wanting provision, leave many poor widows, and orphans. 6. It is the occasion of Nonresidency & pluralities when Ministers not finding one living sufficient are forced to take another to it. 7. By this means where a sufficient pastor is wanting, the wolf taketh occasion to spoil the flock: many Seminaries and jesuits do creep in corners. 8. The people paying their tithes to others, are burdened which new collections to maintain a preacher. 9 Clergy men give offence in disposing so evil of their impropriations, and cause other noble and gentle men by their example to draw back, and they themselves are corrupted by it, and become careless in their own flocks, as Hierome well noteth. si carnales divitias quae labuntur non benè dispensatis, etc. If ye do not well dispense riches that fade, the true and ever enduring riches of heavenly doctrine who shall give you. Hier. Algas. q. 6. 10. They cause other men to usurp upon the possessions of the Chur. occupying the place, & habitation of Rectors and parsons, as they are called, not being answerable to the name in any duty which kind of title and calling the Civil Law utterly condemneth. Si quis sub nudo appellationis velamine se collegiatum appellat, etc. If any do call himself by the naked name of a Collegiate or Ecclesiastical person, another shall be put in his room. Cod. lib. tit. 5. leg. 9 Theodos. Valent. All these inconveniences might as much as in them lieth easily be helped, if Bishops, Cathedral Churches, Colleges would demise their tithes only to the incumbent Minister during his life and incumbency for the old rent, and some reasonable fine at his entrance, as the first years fruits, the charges diducted. Objections answered. 1. Object. THESE Canons before alleged only prohibit lay men in their own right to possess tithes. Answ. Yea they forbidden that they should take tithes to farm sub interminatione anathematis, etc. Under pain of the curse. Ne laici Ecclesias ad firmas teneant: that lay men take not Churches to farm. Thus Alexander the third did write to the Bishop of London Decr. Greg. 3. tit. 50. c. 6. Which Canons are yet Law in the Church of England, where they are not contrariate to the statutes of the Realm. 2. Obj. But ministers are prohibited by statute Law to hold any leases or farms. Answ. This law was made only against that abuse of Ministers, which busied themselves in buying and selling, in occupying brew houses, and tan houses, and engrossed farms. It was not made against such which did it for necessity. Hierome maketh mention of the like imperial law, that was made against the greedy purchasing of Clergy men: Non de lege conqueror, sed doleo quod meruerimus hanc legem. I complain not of the Law, but I am sorry men have deserved this Law: the Medicine is good, but how do I need it: ad Nepotian. 2. Yet this law objected alloweth Ministers to occupy farms for the sustentation of their family. 3. This statute may be helped by another. 3. Obj. The statutes of some Colleges are against it, by the which the signior is always to be preferred, whether sufficient or not, and so the Church should have some unmeet men still. Ans. 1. If any fellows of houses be unsufficient, it is their fault that chose them & they in such elections transgress their own statutes 2. And yet we hope none are so unsufficient, but if they be willing, might do good in the Church. 3. Better a mischief be suffered for once to prefer a man not so meet, than a perpetual inconvenience in preferring no meet men at all. 4. Obj. They could not be assured of their fine and rent, fellows of houses for the most part being poor. Answ. As though it be not in the power of the College, so to make their leases with a clause of re-entry or forfeiture, that they may be secured of both. 5. Object. It would make division in the Colleges about the bestowing of such leases. Answ. If an uniform order be set, that the Senior be always preferred in his place, it will make no division at all. 6. Obj. Yea but the College shall sustain loss in their mean fines, which they might take for the renewing of such leases of their farms. Answ. 1. If it were some loss, is it not every man's part for a common good to be content to departed with some private gain? 2. It would be no loss, but a benefit, both in that their own Society in their course should be provided for, and the College should have fines for every life, whereas now they fine but once for three lives, or 21. years. 7. Obi. But some impropriate tithes are worth 300 or 400 pounds by the year, too much for a preacher. Ans. 1. Is it not too much for a lay gentleman or yeoman, and is it to much for a preacher. 2. And if this be too much for a preacher, how comes it that some that preach not, or very little possess twice so much? 3. Where the tithe is of such value, for the most part, there are Chapels annexed, where Preachers by proportionable allowance should be maintained. 8. Obj. But the Church, where tithe is not to be let, is full already with a minister not sufficient. Answ. Let him be provided for else where, or else the preacher, that hath the impropriation may expect the avoidance, and then take the whole charge, and this doubt is but for the first time only. 9 Obj. In many places the Rectory and the Manor go together. Answ. The tithe may be easily divided from the Manor, and the rend apportioned. 10. Obj. In some places the vicarages belong to one Patron, the impropriate tithes to another, how then can they be conferred upon one man? Answ. As in some Churches already the patrons present by turns: so it may be in this case, that as much as the tithe is better than the vicarage endowed, so the like, odds should be in their turns of presenting the one to present twice or thrice to the others once. 11. Obj. But the impropriations are now the free hold of the Church, which cannot be disposed of them without great danger to their state. Answ. We move not to have the inheritance of impropriations taken away from the Church, but the farm thereof to be otherwise disposed of for the maintenance of preachers. 12. Obj. Their disposing of Impropriations doth notably bewray their lack of conscience, etc. Ans. p. 19 Answ. We tremble to think that the Confuters should object to us lack of conscience, for desiring that the impropriations of the Churches ought to be let to the incumbent preachers for the old rent. O what blind judges are they of matters of conscience! We appeal to God and their own conscience, that nothing but conscience hath moved us to make this suit; seeing that such impropriations so employed are a great occasion to nursle the people in ignorance, and an apparent let to preaching, and propagation of the Gospel: But if this were lack of conscience, that is more, to let out Impropriations as they do, to lay farmers, without respect to the preachers, & the poor people's souls. God be judge between us and our brethren for this. 13. Obj. If they should be demised for the old rent, without fine, etc. Who seethe not that it would be the certain overthrow, and utter ruin of Bishoprics, Colleges, etc. ibid. Answ. Neither can this device possibly tend to the ruin and overthrow, of Bishoprics, Colleges, etc. Seeing the old rent is still continued. The fine if it were remitted, were in most of these places, but a loss to private men's purses, who make a divident of it: where it goeth to the stock of the house, a reasonable fine might be reserved as the fruits of the first year, or such like: and as for improvement, it is well known that such corporations use not to improve their rents being certain: but contrariwise this course would establish all the foresaid foundations, this being a service so acceptable to God, that his Church should be provided for. 14. Object. But by this, a few, and those the meanest of the Clergy only should be provided for, the hindrance would redound to the better sort. Answ. Not so few as 400. preachers should be maintained by this means: for the number of impropriations belonging to Ecclesiastical corporations, cannot be less. 2. We grant that they are meaner in dignities and preferments, but as necessary for the Church, as richer prelate's. 3. And the meaner they are, they have so much the more need: the richer the other, so much better able to spare it. 15. Object. These men in all their purity can content themselves with a seventh part only of an impropriation in a lay man's fee. Ans. If for a lay man to hold tithes or impropriations, were originally unlawful, and contrary to the first institution, as our brethren truly say, why then do they like that lay men should be farmers of their impropriate tithes, rather than preachers? Why should they envy that benefit to their fellow-ministers, which they yield to their fellow brethren of the lay sort? For as the Canons do prohibit, That lay men should hold tithes by inheritance, Lateranens. sub Alex. par. 50. cap. 29. Decimae à Laicis non debent iure haereditario possideri: So neither do they permit that they should take them to farm. Ne Laici Ecclesias ad firmam teneant. Neither part. 27. c. 3 untruth. We do not content ourselves with a 7. part only. Reasons of the Petitioners motion concerning lay men's tithes. Synod. Colon. part. 8. c. 5. need it offend our brethren that we seem to be content with a sixth or seventh part, (not a seventh part only as they charge us) of such impropriations: we could wish the whole were restrained. But seeing that some hold them by inheritance, and some by purchase, some of good place are wholly maintained of them, such a motion would have seemed unreasonable: we say as not long since a provincial Synod complained: Decimas potissimum Ecclesiarum ministris deberi non est dubium: That tithes are principally due to the Ministers, it is not to be doubted, but now they are every where so usurped of lay men, that they cannot easily be pulled out of their hands. And this was one cause of so qualifying our motion; as also lest we might have seemed to be partial, while we wish Ecclesiastical impropriations to stand, for the maintenance of their corporations, and aim at the dissolution, of them of the lay sort: as further fearing lest such a motion for these might have been prejudicial and dangerous for the other, that serve to the maintenance of learning. 16. Object. It is possible that the men, untruth. We despise them not, whom they so much contemn, would be able to propose some other course, etc. Answ. This course to be taken for impropriations, tendeth not to the alteration or injury of any state. And if the confuters (who it were to be wished did no more despise their brethren than they are despised) could have proposed any other course for the maintenance of the Church, they might have done well so to do. But it may be worthily suspected, that they can hardly give counsel to others, that will not take it themselves: that they which take upon them the defence of non-resident, pluralists, impropriations, can speak for the maintenance of the Church. Ambrose saying may well fit such: Quis utilem causae alienae judicet, quem inutilem Lib. office 2, 12. videt vitae suae, quommodo eum judicare potes superiorem consilio, quem vides inferiorem moribus: supra me esse debet, cui me committere paro: an eum idoneum putabo, qui mihi det consilium, qui non dat sibi. He cannot give counsel to another that will take none himself: neither can he be superior in advice, that is inferior in life. And to conclude, nothing can be objected of any weight or moment to hinder so good a work, and so princely a motion, which the King's Majesty by his letters hath first made, whose Christian zeal ought to make others forward: Let every man laying aside his own private respects, further the common cause, and seek the general good of Christ's Church, that S. Paul's complaint be not renewed; All seek their own, and not that which is jesus Christ's, Phil. 2. 27. And Hierome well saith: Ne lucra saeculi in Christi quaeras militia, &c: Seek not the worldly gain in Christ's service. THE DEFENCE OF THE FOURTH PART OF THE PETItion concerning Church Discipline. 1. Obj. WE have been taught heretofore Ans. p. 20. that Discipline is an essential part of the Gospel, etc. and matter of faith. Ans. That the Discipline of the Church (being generally understood) is a matter of faith, and an essential mark of the Church, I hope our brethren will not deny: For Discipline comprehendeth not only the administration of the keys, but Perpetual government of the Church. p. 208. ordination and imposition of hands: but without ordination there are no preachers: How shall they preach unless they be sent, Rom. 10. 15. And without preaching there is no belief, ibid. vers. 14. Wherhfore without some part of Discipline it cannot be denied, but that the Church is no Church, faith no faith: but generally of every part it cannot be so affirmed. Cyprian is very peremptory for the necessity of discipline, thus writing: Apparet non aliter Lib. 2. ep. 7. Ecclesiasticae saluti consuli posse, etc. It appeareth that the safety of the Church cannot otherwise be provided for, unless they which are against it, as contrary floods, be repelled; and the order of Discipline, as the stirring oar in a tempest, be kept safe. 2. Obj. It is now come to be so indifferent, etc. that it will suffer an OR ELSE, or AT THE LEAST. Ibid. Ans. And what have the petitioners here moved, which the kings most excellent Majesty hath not first written: That the Discipline of the Church be preserved in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 44. purity according to God's word. What needed our brethren then to have carped at this petition? Neither is that disjunctive clause (or else at the least) any contradiction or repugnance to the former, but an exception and qualifying thereof, which giveth the adversary no advantage, as the Law saith: Exceptionem obijciens non videtur de intention adversarij confiteri, Reg. juris 63. And it is a condescending to the time, that where the perfection desired can not be had, reformation be sought, that may be attained. Wherhfore as the rule is in the Law: In Argumentum trahi nequeunt, quae propter necessitatem aliquando sunt concessa, Reg. juris. 78. That which is yielded to the necessity of time, must not be urged as the integrity of the thing. If Christ's institution were exactly kept, many things should be amended that are here not named: but the Petitioners have only mentioned those things which in reason they thought would not be denied or gainsaid. 3. Obj. Were we persuaded that their discipline were of Christ's institution, could we be without it? etc. Answ. What our brethren will be persuaded we know not: but if these things which are moved be not proved to be agreeable to the word of God, and the practice of the primitive Church, we desire not to be heard, but to be rejected with our cause. We will not obtrude our own fancies but measure our judgement by the scriptures, as Origen saith: Exhibeo sensus mei testem scripturam: Homil. 1. in jerem. Homil. 9 in jerem. sensus nostri & enarrationes sine ijs testibus non habent fidem: I yield the scripture a witness of my sense: my exposition without the scripture let it be of no credit. 4. Object. His excellent Majesty hath had Ans. p. 20. experience of the manifold mischiefs, that attend their pretended discipline, etc. Answ. This discipline and reformation intended by us, is not attended upon by any such mischiefs: other men's oversights we justify not, neither approve any unadvised proceed. Neither hath his Majesty so evil opinion of the Scottish Discipline, as they insinuate. The right use of a thing must not be condemned for the abuse: as the Law saith: utile non debet per inutile vitiari: Neither the cause misjudged for the persons fault. Delictum personae Reg. juris. 37. Reg. juris 76. non debet in detrimentum Ecclesiae redundare. 1. Enormity against Excommunication by lay persons. 1. THeir first defence is that whatsoever the Chancellor doth on this case, he doth it in the authority of the ordinary. Answ. 1. It is a question whether the Bishop himself, the Archdeacon's, or any other ordinary, alone have any power to excommunicate. We are sure that neither Scripture, or example of the primitive Church will bear them out in it. Our Saviour's rule is: Dic Ecclesiae: tell it to the Church: after the contempt whereof the party is to be held, as an heathen & publican that is to be excommunicate. But never was it yet heard that one man should stand for the Church. That Dic Ecclesiae, in some man's construction should be dic Episcopo, dic Cancellario, dic Officiali: as the Papists wrist this place: dic Ecclesiae, that is, dic Papae, dic Pontifici Romano: but of this matter more shall be said in the end of this treatise. Then if they have not this power in themselves, they cannot transfer it to another as the law saith: Nemo potest Reg. juris. 79. plus juris transferre in alium quam sibi competere dignoscatur. No man can give more to an other, than he hath himself. As the comparison is presumptuous to compare the Bishop to the King, the Chancellor to the Lord Chancellor, so the case is not alike, for a civil power may be committed over to others, but a spiritual power cannot be transferred, but aught to be executed in every man's person, as the Apostle saith: he that hath an office, let him attend upon his office. Rom. 12. 7. Solomon Cant. 8. 11. 12. No substitute in duties spiritual. in the Canticles showeth the difference of the Civil and Ecclesiastical administration: Solomon gave his vineyard to keepers: but my vineyard, saith Christ, which is mine, is always before me. As we mislike that Christ should have any vicar in earth: so neither should any of Christ's ministers execute their charge by their vicar's: S. Peter 1. Pet. 5. 2. saith; Feed, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the flock which is in you, that is, always in your sight. The Canon law saith: Non potest esse Decr. Greg. lib. 5. tit. 40 c. 5. Pastoris excusatio, si lupus oves comedit, & pastor nescit. It is no excuse of the shepherd if the Wolf devour the sheep, to say, he knows it not. It was never well with the Church since Prelates taking more upon them then in their own persons they could discharge, committed their spiritual affairs to Deputies and Vicars. Of this abuse Eckius, a man otherwise bad enough, complained in the popish Church: Nostrates praelatos ordinem Apostolicum invertere, etc. Our Prelates invert the Apostolic order, who thinking spiritual things too heavy for them to bear, do use the help of Suffragans in their Pontificals; of Officials in their judicials; of Penitentiaries in absolving sinners, of Monks in Preaching. jodocus Clictoveus in his sermons was wont thus to Hom. 2. de Stephano. taunt such: Adibunt per vicarios in paradysum: in persona inferos. Such shall by their vicar's go to heaven: but in their own person to hell. 3. Though the Ordinary had power to excommunicate alone, and might transfer that power to another, yet lay persons alone are not capable thereof. For Christ when he said: Whose sins ye remit, are remitted; whose sins ye retain, are retained, spoke only to the Apostles and Ministers. Hereunto the Canons agree: Indecorum est laicum esse vicarium Episcopi, etc. It is unfit for a lay man to be a Bishop's vicar, and secular dispel. 2. c. 9 persons to judge in the Church, and a diverse profession to be in one office. And by the same Canon, the Bishop that shall make a lay man his vicar, is held to be Contemptor Canonum: A contemner of the Canons. But nothing is now more usual then for lay men, Civilians, to be Chancellors, and Vicar's general to Bishops. The second defence: The Chancellor, Official, Commissary, decreeth the party to be excommunicate, a Minister associate unto him by exprresse authority from the Ordinary denounceth the sentence of excommunication. Ans. p. 22 Answ. 1. This is but a new trick, and frivolous device: who knoweth not the Minister assistant to the Chancellor (who is for the most part of the meanest and simplest of the Clergy) is but a Cipher, he doth nothing but by his master's direction, excommunicateth and absolveth at his pleasure, contrary to the Apostles rule to Timothy. I charge thee etc. that thou observe these things without prejudice, or preferring one 2 Tim. 5. 2 before another, and do nothing partially. 2. By the Provincials, no sentence of Excommunication is good but in writing: Linwood de senten. excommun. 6. sententiae latae sine specialibus literis dominorum, quorum interest, non ligant. Wherefore this sentence of the Minister being not extant in writing under his seal, and so delivered, is of no value in Law: and the people under this colour are abused. 3. It is unlawful for a lay Civilian in cases, which appertaineth to correction to send out citations, or to decree excommunications: he must neither Investigare, inquirere, punire, corrigere, excommunicationum literas decernere; And as he cannot do it in his own name, so neither can he by the Law publish excommunications in another man's name. The Law is: Quod alicui suo non liceat nomine, nec alieno Reg. juris. Bonif. 67. Linwood de licebit. And the provincial is flat, Ne laicus quovis exquisito colore sub suo vel alieno nomine, etc. that a lay person by any pretence 〈◊〉. coniug. cum ex. 1. under his own or others name do exercise no jurisdiction spirtual whatsoever. And all such citations, excommunications, and process are void: not only if the judge be a lay person, but the Register also. Thirdly: they use but the advise and Ministry of a wise civilian in decreeing who is to Ans. p. 22. be excommunicate. Answ. 1. If had been to be wished that Ecclesiastical persons had not meddled in such affairs, wherein they have no skill: according to the ancient Canons: Episcopus tuitionem testamentum non suscipiat: Carthag. 4. 18. That the Bishop should not take upon him the tuition of a testament. Clerici ad sacrum Ministerium electi actibus saeculi renuntient: Clergymen must renounce all secular acts. Auerens. can. 12. The Apostle saith no man that warreth, entangleth 2. Tim. 2. 4 himself with the affairs of this life: whereupon Ambrose well writeth, Ecclesiasticus officium impleat quod spospondit, a seculari Amb. in 2. 2. negotio alienus: non enim convenit unum duplicem professionem habere: a Clergy man must be free from secular business, for it is not fit that one should have a double profession. 2. But seeing these causes, as matrimonial, testamentary, decimarie, are now annexed to the Episcopal jurisdiction, such matters, as they call of instance it is fit they be referred to the Civilians: In such cases let them not only be advisers, but judges. But as for matters of office, as they are called, which are merely Ecclesiastical, we suppose that Ministers are better able to judge, than Civilians, and herein it is not fit they should be assistants to advise, much less judges to determine, let them contain themselves within their own element. 2. Whereas we are referred to the book of the perpetual government of the pag. 320. Church: let it be noted that there it is confessed that judges of the Civil law take not upon them the power of the keys committed to the Apostles: their suspensions, excommunications, etc. they claim not by God's law, but by man's. Wherhfore seeing it is confessed, that this manner of Excommunication by lay men, is human, the Petitioners request is reasonable, that this abuse be reform, and such usurpers upon the keys of the Church restrained. Fourthly it is objected: If the discipline were once a foot we should then hear tell of Ans. p. 22. Lay Elders, etc. Answ. 1. The Petitioners say nothing of Lay Elders in their Petition, but that there have been such Lay Elders in the Church, which have intermeddled in the Ecclesiastical affairs, it cannot be denied. As Reverend D. Fulke confesseth Fulke ans. to the Rhem. 1. Tim. ●. sect. 13. out of S. Ambrose thus writing: or else he meaneth of those Elders that Saint Ambrose speaketh of upon the first verse of this chapter, that were appointed only for government not for teaching. 2. Is not the like practised in the high commission, for causes Ecclesiastical, wherein divers Reverend persons of the civil state are Commissioners. And let not our brethren be so hot against Lay Elders, seeing I hope they will not deny, but that they may have voices in synods. And what greater inconvenience is it for lay men to be assistants in Ecclesiastical affairs then for Clergy Of lay Elders men to interpose themselves in Civil, and why might not as well Civil persons if it so pleased the state, be of the Convocation house, as Ecclesiastical of the parliament, as it was practised in K. Henry the 8. his Fox. p. 1182 reign, when that worthy Lord Crumwell was made vicegerent in matters Ecclesiastical, and was himself present in the assemblies, and at the disputations of the Bishops. 3. Yet are we far from making him a Clergy man, as the Confuters a little before confessed (though they have soon forgot themselves) of Civilians in these words: A chancellor or a commissary is not a lay man in this case. And yet there is a great difference between these lay Elders which are but assistants in the presbytery with others, & theirs, who are sole agents and principals in Ecclesiastical Courts. And therefore we may retort the Confuters saying upon their own heads, that they reprove others for speaking for Lay Elders, and allow the same themselves. But there is a principle in the Law: Quod semel Reg. juris. 21. placuit iterum displicere non potest. That with once did please, cannot again displease. And Hierome could have told them: perdit Hieron. Ocean. authoritatem dicendi, cujus sermo opere destruitur: He looseth the authority of teaching, that overthroweth his words by his works. Of Excommunication for trifles. THE excuse is that men are not excommunicated for trifles, but for their contempt. Ans. p. 23. Answ. Indeed according to our Saviour Christ's rule he that heareth not the Church Mat. 18. 18 must be held, as an heathen and publican. But it is not yet proved, that the official and his Register make the Church, neither shall our brethren be ever able to show it. 2. It is true that the letters of Excommunication presuppose a contumacy and contempt preceding. But he is not contumacious, which at the first monition appeareth not upon every cause pretended, as it may appear by these reasons taken out of the Canons. 1. First no man should be excommunicate before the offence be proved against him: nemo Episcopus aliquem excommunicet priusquam causa probetur, cause. 2. qu. 1. c. 11. But his contumacy is not proved, who upon the first citation appeareth not, for he may be ignorant of it, or otherwise necessarily letted. Ergo such an one is not to be excommunicate. 2. Such only are to be excommunicated, as are otherwise incorrigible: as by Christ's rule he must be taken, as an heathen and publican, that refuseth to hear the adomonition of one, of two, lastly of the Church. Anathema non debet imponi nisi illi, qui aliter non potuerit corrigi. Anathema ought not to be imposed, but upon him that can not otherwise be amended. Concil. Meldens. c. 56. Excommunicatio non infligenda est, nisi his, qui aliter corrigi noluerint. Excommunication must be inflicted upon such, as cannot otherwise be corrected. Coloniens. par. 13. c. 4. But they which once cited, appear not, are not strait way incorrigible. Ergo. etc. 3. Excommunication should be only inflicted for criminal offences: Non nisi pro mortali debet imponi crimine: Meldens. ibid. Excommunicationis sententiae ob criminales tantum causas, easque valdè graves & lethales feruntur. Augustans. c. 33. As the Apostle bideth an heretic to be after once or twice admonition rejected. Tit. 3. 10 As likewise the Law of the Land awardeth the writ de excommunicato capiendo to take place only when the Excommunication proceedeth upon contempt of some original matter of criminal offence, as of heresy, refusing to come to the Church. Incontinency, usury, Simony, Perjury, Idolatry But every absence upon the first citation proceedeth not of any such contempt. Wherefore a man ought not to be excommunicate for the fees of the court, or Cans. 23. q. 4. c. 27 such like. Pro vindicta propriae iniuriae, etc. To be revenged for your own wrong you have given sentence of Anathema, which is against the Cannons: penitus interdicimus, we forbidden that for covetousness sake none dare to excommunicate any. Lateranens. sub innocent. 3. c. 49. 4. The Canons allow that a man should be twice or thrice cited before he be excommunicate: secunda vel tertia admonitione interposita, excommunicationis sentetia procedat, Caus. 24. 3. 15. Neither should the first citation be peremptory: diem peremptorium ad primam citationem non statuendum: especially Lateranens. sub Alexan p. 3. c. 5. for Ecclesiastical matters, but upon great & urgent necessity. S. Paul alloweth a manifest heretic two admonitions before he be rejected. Much more where the offence is not manifest, a canonical, that is thrice admonition should be used, according to the constitution of Oxford: nemo excommunicationem promulget, etc. No man shall denounce Excommunication, where the excess is not manifest, but Canonical monition going before. The manner is that the apparitor cannot personally cite the party to be summoned, he useth to leave word at his house: if he come not at the day, he is forthwith as contumacious excommunicate. Herein a double error is committed: for if a man never appeared in the cause before the judge, he cannot be cited at his house, unless he can not be personally apprehended, and again he that is not personally cited, is not verè but interpretative Linwood de iudic. c. item vers. decernimus ibid. v. personaliter. contumax in the judgement of the sounder Canonists. Wherhfore it is evident by these reasons that Excommunication goeth forth often for trifles & 12 penny matters, not for contumacy or contempt. 5. If Excommunication be sent forth only for contempt where the original is but a trifle, and a twelve penny matter, than what needed all those cautels by Counsels: ne quenquam pro parvis & levibus causis, etc. that none should be excommunicate for small or trifling matters. Aur. 3. c. 2. Vormatiens. c. 13. Avernens. as it is cited. caus. 11. q. 3. c. 42. for by this evasion there shall be no trifling matters at all, but the pretence and colour of contempt shall countenance excommunication. Wherhfore the request of the Petitioners is agreeable to the Scriptures and Canons, that none be excommunicate for trifles. The 2. Enormity against Excommunication without the consent of the Pastors. Reasons and arguments to prove that Excommunication ought not to proceed from one alone, but by the joint advise of the presbyters & Pastors. 1. EXcommunication should be exercised by the Church that is, an assemble: math. 18. 11. tell the Church, etc. If he will not hear the Church let him be as an heathen and publican. Origene upon these words saith: tertio coreptionem mandat ad Ecclesiam deferendam, etc. In the third place he will have the correction brought to the Church In the second he will have two or three witnesses to be used. So chrysostom understandeth Episcopos & praesidentes Ecclesiae: The Bishops or Pastors, and precedents or governors of the Church. in Mat. 18. But one or two make not a Church for this were a preposterous course to proceed from one to two or three, & then to go back again to one. Hierome writeth well concerning john Hieron. pammach. Patriarch of Jerusalem. An tu solus Ecclesia es & qui te offenderit a Christo excluditur: tibi soli licet Ecclesiae iura calcare, tu quicquid feceris, norma doctrinae est? Are you alone the Church, that whosoever offendeth you is excluded from Christ: is it lawful only for you to tread under foot the rights of the Church: whatsoever you do, is it a rule of doctrine? Ergo, one man not being the Church, cannot excommunicate. 2. The government of the civil and Ecclesiastical state are unlike, etc. But ye sha' not be so, Lu. 22. 25. But they rule alone as Monarches, The Kings of the Gentiles reign over them. Ergo, Bishops or other officers of the Church ought not to govern alone, There ought ro be no Monarchy in the spiritual regiment of the visible Chur. as Monarches in the Church, and so not excommunicate alone. This place is urged by a learned Writer against a monarchy in the visible Church: Quid apertius? nisi expectetis, ut locum proferamus ubi dixit apertè, vos monarchae Ecclesiae esse non debetis: What could be said more plainly, D. Sutcliffe l. 1. de opt. Reip. statu. cap. 7. unless you would have us bring forth a place where Christ should say in plain terms, Ye shall not be monarchs of the Church. As there ought not then to be a Monarch over the universal Church, so by the same reason neither should there be any Ecclesiastical Monarch over a Province or Diocese. Arg. 3. If S. Paul, who had Apostolical power, would not excommunicate the incestuous person amongst the Corinthians without the consent of the Pastors, and spiritual governors: much less ought any Bishop, Archdeacon, etc. do so now. But the first is evident, that S. Paul excommunicateth together with the Pastors of Corinth. the Apostle sent not only his mandate to the Corinthians for them to execute, but that the power and right of excommunication was jointly with the Apostle in the Pastors of Corinth, as it may appear by these reasons. Ergo. 1. The Apostle rebuketh them for that they had not put him from them already before he had written to them, vers. 2. 2. They which had power to reconcile had power also to excommunicate: For Eiusdem est ligare & solvere: It belongeth to the same to bind and to loose: But the Pastors of Corinth have power to reconcile, 2. Cor. 2. 10. To whom you forgive any thing, I forgive also, etc. 3. It is not like that the Church of Corinth had no power to excommunicate without the Apostle, for than should they have wanted a principal point of discipline, when the Apostle was absent in remote places from them. 4. The words of the Apostle do evidently give unto them the judgement of Excommunication: Do ye not judge them that are within, 1. Cor. 5. 12. Upon the which words Augustine thus writeth: Aug. hom. 50. c. 12. ut citatur cause 2. q. 1. ●. 1● Quibus verbis satis ostendit, non temere aut quommodo libet, etc. By which words he sufficiently showeth, that not rashly, or howsoever, but by judgement the evil are to be removed from the communion of the Church. Arg. 4. All that have authority to preach, have power to bind and loose, as the Apostle saith: We are the sweet savour of Christ in them that are saved, and in them that perish. 2. Cor. 2. 16. Our Saviour giveth one general commission to his Apostles, and all faithful Pastors their successors: Whosoever sins ye remit, they are remitted. Ambrose saith, Remittuntur peccata per Dei De Cain & Abel. l. 2. cap. 4. verbum, cujus levites interpres & executor est. Sins are remitted by the word of God, whereof the Minister is the interpreter and executor. Basil saith, Confession of sins must necessarily he made to them, to whom the dispensation of the mysteries of God is committed. Our English confession saith: Seeing In regal. contractioribus. q. 288. Horn ser. 11. one manner of word is given to all, and one only key belongeth to all: we say there is but one only power of all ministers, as concerning opening and shutting. But all pastors have authority to preach: Ergo, to bind and loose, and consequently to excommunicate. It will be answered, that there are two kinds of administration of the keys: a spiritual in remitting & retaining of sins, & external in releasing the outward censures of the Church. The first belongeth to all Pastors, and the preachers of the Church, but not the other. Answ. 1. Our Saviour Christ comprehendeth the whole power of the keys under the name of retaining and remitting sins joan. 20. 23. Therefore he that hath right to the one, hath likewise to the other. 2. Where sins upon the sufficient declaration of repentance, are remitted, there the censures of the Church ought to be released: Neither is it lawful to hold the penitent long under the censures, when they have sufficiently testified their repentance? as the Apostle moveth the Corinthians to forgive the incestuous person, after he had sufficiently sorrowed, he then which 2. Cor. 2. 10 hath right to the more, hath right to the less, according to the Law: cui licet quod Reg. juris. 53 est plus, licet utique quod est minus. If Pastors then and preachers have power to remit sins in the name of Christ, much more to release the temporal censures. Arg. 5. To whom the power of order belongeth, the power also of jurisdiction appertaineth. S. Paul joineth them both The Pastors and Presbyters right in laying on of hands. Extran joan. tit. 4. c. 5. together in Timothy. 1. Tim. 5. 19 against an elder receeive no accusation, etc. there is the power of jurisdiction vers. 22. Lay hands suddenly on no man: there is the power of order, the corrupt Extravagants will grant this proposition: claves de quibus agimus in collatione sacerdotalis ordinis conferuntur: the keys whereof we entreat are conferred in the collation of Priestly order. But Presbyters have interest in conferring of orders. 1. Tim. 4. 14. Despise not the gift that is in thee, etc. by the laying on of hands of the presbytery, or Eldership: Here it is evident that the Pastors and Presbyters laid on their hands together with the Apostle. Some by the presbytery here understand the office of Eldership, which Tymothy 1. Exposition. Perpetual govern. p. 78. was ordained unto: but the words will not bear this sense: for here is mentioned the imposition of hands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the The place 1. Tim. 4. 14. of the Presbyters expounded. 2. Exposition ibid. 249. Eldership. How can the office itself put on hands: the persons then, not the office must of necessity be understood. Some by the presbyters understand Bishops, but that can not be: for as yet in the Apostles time there was no distinction between Bishops and presbyters, as it may appear by S. Paul's description of Presbyters & Pastors of old admitted to lay on hands. a Bishop. 1. Tim. 3. Which is common to the presbyters. And this point followeth more fully to be declared in the next argument. Others say that the presbyters and Pastors 1. Exposition Ibid. p. 93. might lay hands on Timothy, as well as Paul: but at another time and to another end. But S Paul saying in another place, stir up the gift of God which is in 2. Tim. 1. 6. the by the putting on of hands, evidently showeth that he at the same time put on hands with the presbyters: for he speaketh of the same gift in both places which was conferred upon him by imposition of hands. And further if the presbyters joined 4. Exposition with Paul in imposition of hands, yet was it not of necessity, as though S. Paul's Ibid. p. 94. hands had not been sufficient without them to give the holy ghost. We answer that although it be granted, that in respect of Paul's person, who was an Apostle, and had an extraordinary power and calling, the imposition of hands by the presbytery was not essentially necessary, yet in respect of the precedent, and perpetual order, which was to be left to the Church of Christ, it was necessary: for it is not like that so wise an Apostle would else have busied himself with so unnecessary and superfluous a work, in associating the Elders where he needed not. But notwithstanding all these naked shifts and deceitful glosses, this place of S. Paul is pregnant to prove the copartnership of presbyters in giving of orders: and thus was it practised by the Church afterward: Carth. 4. c. 3. Omnes presbyteri, qui praesentes sunt, etc. Let all the presbyters present lay their hands by the hand of the Bishop upon his head, that is to be ordained. And can. 24. Episcopus sine concilio Clericorum, etc. The Bishop must not ordain Clerks without a council of his Clergy. Object. This Imposition of hands by the Perpet. govern. p. 251. presbyters was a consent rather, than a consecration. Answ. That appeareth to be otherwise by that constitution of urban: ordinationes factaesine communi sensu Clericorum irritae. Ordinations made without the common consent Caus. 12. q. 2. cap. 37. of the Clergy are void. If the presbyters had not power and right of ordination, there was no reason to make it void without them. Ergo seeing presbyters have a joint power in ordination. jurisdiction is not to be denied unto them. Arg. 6. If both the name and office of a Bishop and presbyter by the word of God are all one, then by the word of God the spiritual jurisdiction belongeth to them both, But the first is true: as Hierome proveth out of S. Paul, Apostolus perspicuè docet eosdem esse presbyteros, quos Episcopos, etc. The Apostle plainly teacheth, that Presbbyters are the same with Bishops, as Tit. 1. 5. he calleth them presbyters, which verse. 7. are named to be bishops, ad Evag. Bishop jewel proveth by the Word that a Bishop and Presbyter are alone: def. apol. p. 284. In 1. Tim. Hom. 11. 3. Reverend Bishop jewel showeth the same by the testimony of Hierom, chrysostom, Ambrose, Augustine, that a Bishop and a Priest are all one. chrysostom saith, Inter Episcopum & Presbyterum interest ferè nihil. There is almost no difference between a bishop and a Priest. And then he inferreth thus, All these and more holy Fathers, with S. Paul the Apostle, for thus saying (that a bishop and a priest are all one) by M. Hardings advice must be holden for Heretics. If it be answered, that the names were confounded in the Apostles, but the office and functions were diverse, Bellar. lib. 1. de Cleric. c. 25. This answer may be easily removed: for as a reverend writer telleth us: The same charge and the same grace Perpetual gover. p. 203. concludeth the same function. But S. Paul requireth the same graces in a Bishop and Presbyter, 1. Tim. 3. Hierome saith: De Hier. Evag. Presbytero reticetur, quia & in Episcopo Presbyter reticetur, etc. There is no mention made of a Presbyter, because he is contained in the name of a Bishop. Ambrose saith, Episcopi & Presbyteri una ordinatio est, etc. There is one ordination of a Bishop and Presbyter, but the Bishop is the first. If they have one ordination, than they have both one function by the word of God: howsoever afterward the Church in policy hath distinguished them: which was done as Hierome saith: In schismatis remedium, To avoid schisms. Ergo, seeing a Bishop and Presbyter are the same by the word of God, jurisdiction doth of right belong to both. Arg. 7. All pastoral duties do equally belong unto the Pastors: but to separate the precious from the vile, is a Pastoral duty, jer. 15. 19 as it belongeth to the shepherd to seek that which is lost, Ezek 34. 4. that is, to reconcile the penitent; so also to separate the unclean, to correct the obstinate. Augustine saith, De corrept. & great. cap. 15. Pastoralis necessitas habet, etc. The Pastoral necessity requireth, lest the contagion should spread further, to separate the diseased sheep from the sound. Ergo, it belongeth to Presbyters which are Pastors, and have their flocks, Act. 20. 17. 28. to separate one excommunicate the vile and unclean. Arg. 8. Whatsoever belongeth to the gathering together of the Saints, the work of the Ministry, the edifying of the body of Christ is to be performed by the Pastors and Doctors, with other Ministers of the Church: for to this end hath Christ ordained these offices, Ephes. 4. 11. But to separate or excommunicate, and reconcile, are profitable to the said purposes: This authority is given for edification, 2. Cor. 10. 8. Ergo, it belongeth to the Pastors and Teachers of the Church. Arg. 9 The discipline should be administered by such as are more likely to have the spirit of direction, and to whom with the least peril of the Church the censures might be exercised. But an assembly of Presbyters are more like to have the spirit of Direction, as the Apostles and Presbyters assembled in council, saying, It seemed good to the holy Ghost and Concil. African. can. 138. epist. ad Coelestium. to us, Act. 15. 28. Thus saith the Council of African: Unless there be any that thinks God inspireth one particular person with righteousness, and forsaketh a number of Priests assembled in Synod. Again there would arise less danger to the Church by this means for there is a rule in the Law: Excommunicatus non potest excommunicare: he that is excommunicate himself cannot excommunicate another. cause. 24. q. 1. c. 4. But a Bishop or any one Ecclesiastical person may by many occasions stand under the censure of excommunication: In what cases Bishops are liable to the censures of the church as if he have two wives; caus. 24. q. 3. c. 19 or if he be a teacher of error he must be delivered to Satan. cause. 24. q. 3. c, 13. Pelagius or if he be an usurer cause, 14. q. 4. c. 4. or a blasphemer or swearer. Carth. 4. cap. 61. or a player at dice. Trullan. c. 50. or be negligent in preaching and so continue. can. Apost. 57 or give orders for money. Chalced. c. 2 Or be promoted for money: Constant. Conc. 6. gener. c. 22. or make a lay man his vicar general, Hispatiens. 2. c. 9 Or take upon him any civil office, as vice-presidentship, justiciariship, Decr. Greg. 3. 58. 4. or sit in causes of blood, or give sentence for the cutting off of any meber, as of ears, hands, etc. ibid. c, 5. So writeth Alexander 3. in his rescript to the Bishop of Canterbury. But a Bishop or any one man may stand excommunicate where an assembly or company cannot, in this case by whom should the discipline be administered. Ergo it is safer that the censures of the Church should be disposed by many, then by one. Arg. 10. Presbyters by the word of God, and practise of the Church are interessed in the spiritual rule and government of the Church: but the Excommunication belongeth to the spiritual regiment: Ergo, For the proof of the proposition: first in the Scriptures we find that the Apostles called together the Presbyters for the deciding of doubtful questions: and by the Apostle the Elders that labour in the word are made rulers: the Elders that rule well, especially they that labour in the word. 1. Tim. 5. 17. they then that laboured in the word, were also ruling Elders: for how else should they have a double honour, being excluded from government which is counted one of the greatest honours of the Church. Now the practice of the Church is most evident: Hier. saith: communi presbyterorum concilio Ecclesiae regebantur, ●●●rom. in ●. 1. In the beginning Churches were governed by the common advice of presbyters. cause. 11. q. 3, c. 106. debent 12. sacerdotes Episcopum circumstare, etc. twelve Priests must stand by the Bisbop, when he denounceth excommunication: can. 108. When the penitent party was to be reconciled the Bishop must be assisted with as many: caus. 12. q. 2. c. 5. The Bishop could not dispose of the temporal things of the Church, much less of spiritual, inconsulto presbyterio, not having before consulted with his presbytery: neither was the assistance of the presbytery for decency and order only, but of necessity: Episcopus nullius causam audiat absque praesentia clericorum, aliter erit sententia irrita; The Bishop shall hear no man's cause. without the presence of his Clarks: otherwise let the sentence be void, Carth. 4. c. 23. Thus it is evident that at the beginning the presbyters did assist the Bishops in the regiment and government of the Church, as is confessed also by our learned writers the government of the Church at the first was so apportioned: that neither the presbyters should do any thing without the Bishop, Perpetual gover. p. 307. nor the Bishop dispose matters of importance without his presbytery. D. Fulke thus testifieth: it is manifest that the authority of binding Ans. to Rhem in 2 Cor. 2. sect. 4. and losing committing and retaining pertaineth generally to all the Apostles alike, and to every pastor in his cure. Thus was it in the beginning: but by little and little in process of time Bishops began to encroach upon presbyters and their office. 1. Bishops had at the first but a priority before their presbyters, they were not How Bishops by little and little encroached upon Presbyters. to suffer a presbyter to stand before them Carth. 4. 34. and within doors Collegam se presbyterorum esse cognoscat: let the Bishop take himself to be the presbyters colleague and fellow: but now Bishops are called Prelates, Ministers subditi, their subjects. 2. As yet the Bishops had no special kind of ordaining, as differing in order from presbyters, as Ambrose saith: Episcopi & presbyteri una ordinatio: there is but one ordination of a presbyter and a Bishop: uterque enim sacerdos; for they are both but Priests or Ministers, in 1. Tim. 3. afterward the Bishops brought in a special kind of consecration for themselves. 3. Then they went further that whereas in giving of Orders, presbyters were joined with Bishops: Carth. 4. c. 3. (cited before) they did assume that office to Hier. Evag. 10. themselves, quid facit excepta ordinatione Episcopus. etc. What doth a Bishop, that a Priest cannot do, ordination only excepted. 4. But not contented to stay here: they forbidden a presbyter, Benedictionem super plebem in Ecclesia fundere: To pronounce benediction or blessing over the people in the Church Agathens. can. 30. 5. Nay it was not lawful for the presbyter, the Bishop being present either to pray, or do any sacred action, unless he were bid. Gelas. decr. 8. 6. But it was too painful for the bishop to take upon him these ministerial functions of praying, preaching, celebrating the Sacraments, and therefore they were content to remit these duties to the Presbyters. But confirmation was appropriated unto Bishops: Disce hanc observationem ad honorem Hier. advers. Luciferan. esse potius sacerdotij, quam legis necessitatem. This observation is rather for the honour of the priesthood, then by necessity of any Law. 7. But yet in Hieroms time, though presbyters ●dicens. ●6. 17. were excluded from ordination and confirmation, they enterposed themselves in the jurisdiction of the Church: Nos habemus Hier. in Esa. 3. senatum nostrum, etc. As the Romans had their Senate, so the Church had a presbytery by whose counsel all things were done. Thus by little and little have Bishops nibbled upon the presbyters, leaving them the laborious works: and taking the honours to themselves. We desire that things only may return to their first institution. Objections answered. 1. Obj. SAint Paul himself alone did deliver Two kinds of delivering up to Satan. Alexander and Hymeneus to Satan, that is excommunicate them 1. Tim. 2. 20. Therefore excommunication many be decreed by one. Answ. 1. We may here understand a double kind of delivering up to Satan. Extraordinary, How S. Paul delivered up to Satan. when as satan did torment the bodies of such, as were delivered up, as Satan tried job, thus thinketh Chrisost. upon this place: for like as the Apostles had then the gift of healing to lose faithful men from the bonds of satan, so had they power to give over the obstinate to satan. This power extraordinary might be executed by the Apostles Act. 5. Act. 13. alone, as Peter did upon Ananias & Saphira, and Paul upon these two blasphemous persons. There was an odinary deliuring up to Satan by Excommunication: quia diabolo traditur qui ab Ecclesiastica communione ●erbis Apost. ser. 98. removetur: Because he is delivered to the devil, that is, removed from the fellowship of the Church, for without the Church is the devil August. This kind of delivering to Satan Paul exercised together with the Church. 1. Cor. 5. 5. 2. Or rather taking this for the same kind of delivering to Satan there mentioned: The Apostle is named here not as the sole but principal agent: as in another place he maketh mention, only of the imposition of his hands: 2. Tim: 1. 6. yet the presbytery imposed hands with him, 1. Tim. 4. 14. So then here the Apostle only expresseth the act done, that they were delivered, as for the manner how it was done, we must have recourse to the Apostles practise before in the Church of Corinch: as Chrisostom well noteth on this place: quommodo illum tradiderit audi, congregatis vobis & spiritu meo. etc. But how the Apostle delivered him, hear, Hom. 5. in 2 Tim. c. 1. when you are gathered together, and my spirit: and so he referreth us to that place. 1. Cor. 5. 2. Object. There the Apostle did send his mandate, and the rest did but execute it. Paul Parpet. gov. p. 125. asked not their consent, but tried their obedience: [For this cause did I write, that I might see the proof of you, whether ye would be obedient in all things.] 2. Cor. 2. Answ. 1. If followeth not, because the Apostle tried their obedience, therefore ●dicens. ●6. 17. they had no power to excommunicate for they were to be directed by the Apostle in their administering and executing of that power. 2. So as they in their spiritual obedience, were to forgive where the Apostle would have them to forgive: so there was in the Apostle a mutual correspondence to forgive where they did forgive. 2. Cor. 2. 10. There was then a concurrence of their powers in this action. 3. That the Church of Corinth did concur as principal agents, not as Ministers only with the Apostle in this act of Excommunication is showed before arg. 3 Obj. 3. We will allow every Pastor and preacher the key of knowledge to discern, but not the key of power to excommunicate and absolve. Answ. 1. These 2 keys of knowledge and power though in some respect they differ Of the key of knowledge and the key of power. yet in use they ought always be joined together, and in effect are the same: for the key of power is the key of the kingdom of heaven, given to Peter and the rest of the Apostles: math. 16. 19 I will give thee the keys of the kingdom of heaven so the key of knowledge is that whereby heaven is opened: as our Saviour saith: Luc. 11. 92. woe unto you interpreters of the Law, for you have taken away the key of knowledge, as Ambrose showeth: clavem Petri fidem esse dixerim petri, per quam Ambr. set. 38. caelos aperuit: the key of Peter I call the faith of Peter, by the which he opened the heavens. 3. As then the Priest in the law did not only discern between leper and leper, but did give sentence of separation: so the Pastors which have the keys of discerning, should have the key of excluding or receiving: who is able better to judge, than he that can discern. 4. The corrupt extravagant, that brought in the disjoined use of the keys confesseth add aliquid convenienter definiendum utraque Extrav. joan it. 14. c. 5. clavis cognossendi & definiendi necessaria requiritur: to define any thing well both the keys of determining and discerning are necessary. Object. 4, The private use of the keys in appointing offenders to forbear for a time Perpet. gov. p. 316. the Lords table we deny not to presbyters, but not the public use to exclude an impenitent person from all fellowship of the faithful. Answ. 1. This distinction of the private and public use of the keys is but an human invention: the Scripture knoweth no such difference: he that hath right to the one, hath interest in the other: the general commission given to all pastors is: Whose sins ye remit are remitted, Here is no joh. 20. 23. limitation of remitting publicly or privately. 2. it is more to separate from the sacramets, then from the prayers only of the Church. He than that can do the more, is enabled to do the less. 3. The Canons do take those for all one, Communione Sardicens. can. 16. 17. privare, & abijcere: To deprive of the communion, and cast out; Exterminare de Eeclesia, & separare a communione: To thrust out of the Church, and put from the Communion. 5. Object, If Bishops have any further authority, then standeth with good reason, and the manifest examples of the primitive Perpet. gov. p. 406. Church, we strive not for it. Answ. 1. But why (we pray you) do you make mention of the Canons of the Church only, and not of the word of God: will you have bishops to have more authority, and Pastors less, than the word of God alloweth them? 2. But we refuse not to debate this matter by the Canons, and practise of the Church, which notwithstanding hath been in part showed before: argum. 10. and shall be declared further in the answer to the 11. Objection. Hierom thus writeth: quomodo ibi leprosum sacerdos mundum vel immundum In Mat. ●. 16. facit, sic & hic alligat, vel solvit Episcopus & presbyter. As there (under the Law) the Priest made the leprous person clean or unclean, so here the presbyter bindeth or looseth. So then as the judgement and censuring of the leprosy belonged not only to the chief Priests, but indifferently to them all: He shall be brought to Aaron the Priest, or one of his sons the Priests. Lev. 13. 2. So now the censuring of spiritual leprosy should indifferently belong to all spiritual Pastors. Further we find that presbyters sat together with Bishops, and gave voices, and made decrees, not only in matters, which concern the word and doctrine (as we are borne in hand) but such as belonged Perpet. gov. pag. 291. to discipline and excommunication, and anathematizing as is evident. Concil. Eliberrm. to the which subscribed 36. presbyters can. 52. 62. 67. And in Arelatens. 2. can. 25. 28. and can * 30. they decree concerning the suspension of Bishops: to this Synod subscribed 12. presbyters, from hence it is clear that presbyters assembled in a synod have power to excommunicate. The imperial Law saith: We charge all Bishops and Priests that they separate no Novil. constitut. 125. c. 11. man from the sacred communion, before they show the cause: etc. And he that presumeth to excommunicate, let him be put from the communion. Thus it was indifferent for Bishops or presbyters to excommunicate. Obj. 6. Not in very Church, but in every city there were presbyters assisting and aiding Perpet. gov. p. 183. the Bishop, and these were Clergy men, to help him in all sacred actions, and advise him in all judicial and Ecclesiastical proceed. p. 184. Answ. 1. Neither do we urge to have a presbytery of Clergy men in every parish Church, but that in every division the presbyters and Pastors should assemble together for the execution of Discipline: 2. It being confessed that presbyters in cities have assisted the Bishop in ecclesiastical proceed, why then may not the presbyters of country Churches be admitted, who are so much the more fit, because they are acquainted with the particular diseases in their several cures. 3. The Presbyteries were not only in great and populous cities, neither had the bishops them such large circuits, but that one presbytery might suffice for the City and confines thereof: for then the bishop had his proper parish, Episcopus propriam parochiam non derelinquat. Can. Apost. 13. his The Bishop had his proper flock. proper Church. The bishop qui non acquierit ire ad Ecclesiam sibi commissam, Which did not resolve to go to the Church committed to his charge, should be put from the communion. Antioch. council. c. 17. he had his peculiar flock. Episcopus grege sibi commissum, etc. The bishop must instruct the flock committed unto him, with the preaching of the word. Turonens. sub Carol. Then bishops lived not only in famous great Cities, but in base and obscure towns. Episcopus de loco ignobili ad nobilem per ambitionem non transeat: A bishop ambitiously must not go from a base and ignoble town to a noble, Carth. 4. can. 15. Then bishops had not such a large Diocese. In Augustine's time there were in one province under Carthage of the Catholic & Donatist above Bishops 9000. Of the Catholics part there were present 286. and absent 120. by reason of sickness and old age. Epispall Churches void 60. in all 466. Of the Donatists there were present 279. absent 120. Church's void, 60. in all 459. These so many bishops in one province cannot be thought to have had Dioceses much larger than some parishes. And few bishoprics have so many parish Churches under them: and none in England (unless it be Norwich) is found to have more. It is no marvel then if one presbytery with the bishop sufficed for such Dioceses. Object. 7. Presbyters sat with the bishops at the first as assessors and consenters, before Perpet. gov. p. 317. Synods undertook such causes. Ans. 1. The frequenting of Synods was no let to the authority of the presbytery. 1. It was a Synod that decreed, that Sententia Episcopi, etc. The sentence of the Bishop should be void, if it were not confirmed by the sentence of the Clergy. Carth. 4. c. 23. 2. From the Nicene Council to the time of this Synod, were assembled in the space of an hundred years and somewhat more, twenty provincial Synods as the Elibortine. Arelatens. 1. and 2. Gangrenes. Agrippin. Antioch. Sardic. with others. 3. And before this it was decreed, that there should be a Synod of bishops twice every year, Antio. c. 20. Constantin. 1. c. 2. But after the time of this Synod of Carthage, when the authority of the presbytery began to be impaired, it was decreed that bishops should assemble but once in the year, Toletan 3. c. 18. So that, even when Synods were most frequent, the presbytery was in greatest authority, & it began to fail when Synods were not so often celebrated. Obj. 8. For our parts though we take the keys to be common to all that have pastoral charge of souls in their degree: yet to avoid Perpet. gov. p. 320. the infinite showers of excommunication, etc. if every presbyter at his pleasure might excommunicate, we praise the wisdom of God's Church in suffering no inferior to excommunicate without the Bishop's consent, etc. Answ. 1. If by the institution of Christ, the administration of the keys be common to all pastors: what presumption is this for men to take upon them to be wiser than God, & to change his institution: The Esay. 40. 13 prophet saith: who hath instructed the spirit of God, or taught him: 2. It is not the wisdom of the Church, but the ambition of Bishops, that hath excluded the pastors, as Diotrephes, that loved to have pre-eminence, would not receive the brethren. 3. Neither are joh. epist. 3. excommunications the fewer, because one by the Bishop's authority excommunicateth, but the more: for there is like to be more grace and discretion in a company of reverend and learned pastors, then in one unlearned Chancellor or Official: and the Courts now intent their own gain, & therefore multiply excommunications, whereas then the profit of men's souls should be expected. As though there hath not been long since complaint made of the multiplicite of excommunications: tot hody fiunt & officiales, quod vix est aliquis etc. There are so many excommunications now a days by officials, that scarce any man, that feareth God can live in the world with a safe conscience. Whereupon it was directed, ut caveant ab earum multiplicatione, etc. That they should beware of multiplying excômunications, lest they be brought to contempt, These are the showers of Chancellors and officials excommunications, that flee faster than lightning in tempest. Object. 9 In our understanding the Minister of the parish doth give his consent. to the petition. p. 23. Ans. What consent call ye this, when the Chancellor, or Official sendeth his mandate, and the Minister must denounce the sentence of excommunication, or be suspended himself: do ye count this consent sufficient: what is the pastor here else, but the officials slave to denounce his censures; What is this else, but against the Apostle to be the servants of men: But 1 Cor. 7. 21 De 7. ordin. Eccles. as Hierome saith: non in dominatione ut servos habeas, sed in ministerio liberos: preachers should not be used, as servants with indignity but as free men in their ministry. Object. 10. They intent the enabling of every particular pastor alone to excommunicate. Answ. to the petition ibid. Ans. Neither is it our desire, that every particular Pastor should be enabled to excomunicat untruth. We give no such power to particular pastors. himself alone against the Apost. rule: not as Lords over God's heritage, As the the other is slavish, so this were popelike as Hierome will saith: contenti sint honore suo, sciant se patres esse, non dominos, Let them be content with their own honour, and know they are fathers and not Lords. Obejct. 11. If the pastor ought to be joined in commission, there would follow a world of troubles: Answ. ibid. Answ. Neither were it fit, that every pastor, should be joined in commission with the Chancellor, and attend upon his courts, for that were infinite, and tedious for the pastors, to withdraw them from their flocks, Cyprian will saith: Neque in altari meretur nominari in sacerdotum prece, 1. Pet. 5. 3. Lib. 1. ep. 9 qui ab altari sacerdotes avocare volunt. Hce deserves not to be mentioned in the Minicters prayers that would draw him from executing his Ministry. But it shall even now appear what our desire is. Our desire is, that discipline, may be administered according to the rules of God's word? or, as things now stand, seeing there are three persons in this business to be respected the Bishop in his diocese: the officers and Ministers of the Bishop: and the several pastors; We would have every man's right reserved, that all matters of instance and civil pleas should be still referred to the Civil judges: but matters of office as they are called excommunication, and spiritual misdemeanours, to be censured by the company of presbyters in every deanery and division (assisted if it please the king's Majesty with some grave persons of the Lay sort) to be assembled monthly together, or otherwise: as there shall be cause, and from them if there be any just agrevance, appeal to be made to the bishop Synods of the Bishops and Presbyters necessary. with his synod of presbyters. For this course to appeal, and refer doubtful matters to synods, is both agreeable to scriptuers, and practise of the ancient Church: As in Antioch, when the Church was troubled about cercumcision they sent to the Apostles and Elders about that question, Act. 15. 2. Thus was it decreed in the great Nicene synod, that in every province bishops should assemble twice in the year, to hear the complaints of such as were excommunicate. can 5. The same decree is revived: Antioch. c. 20. Neither had they only provincial synods, but the bishop for the same cause, had his assembly of pastors. Cyprian writing to the presbyters, and deacons of Carthage saith; A primordio Episcopatus mei statui nibil sine consilio vestro mea privatim sententia gerere, etc. Since Cypr. lib. 3. epist. 10. my first entrance into my Episcopal charge. I dermined to do nothing privately of myself without your counsel: Gregory saith: lest there be any dissension among brethren etc. Lib. 7. epist. 110. In unum conunire sacerdotis est: etc., It is necessary for the Priests to meet together: quem negligentia reijcit, cum omnium presbyterorum consilio refutetur: whom his own negligence maketh unworthy, let him be displaced, by the council of the presbyters, Turenens. 2. c. 7. For this cause it was not long since decreed by a provincial synod: singulis annis saltem synodus diocesane a singulis Reformat Ratisp. art. 35. Episcopis celebrant: Every year at the least let every Bishop celebrate a synod in his diocese. Thus if this course were taken Christ's institution for the censure of excommunication shall be kept, the Pastors shall be reverenced, the preaching of the word furthered, people with long journeys not wearied, manners shall be duly corrected. And thus much is insinuated by Cyprian: Epist. 3. ad Cornel. A Equum est & justum, ut uniuscujusque causa illic audiatur, ubi est crimen admissum, & singulis pastoribus sit portio gregis a scripta, quam regat unusquisque & gubernet, rationem sui actus Domino redditurus. It is right and just, that every man's cause be heard, where the fault is made, and to every pastor a part of the flock should be committed to be governed. Wherhfore (most noble King) 1. seeing The conclusion. excommunication should be decreed by an assembly according to Christ's rule. Matth. 18. 18. 2. Neither should there be any monarch or sole commander in the spiritual regiment of the Church. 3. If S. Paul did not excommunicate without the Pastors. 4. If all that have authority to preach have right to the keys. 5. If they which have a joint power of ordination, have also of jurisdiction. 6. If by the word of God a Bishop, and a Priest are all one. 7. If all pastoral duties equally belong to all Pastors. 8. If whatsoever appertaineth to the edifying of the Church is appendent to the pastors office. 9 If it be safer that many excommunicate by consent, than one. 10. If it hath been the practice of the Church to join presbyters with Bishops in the spiritual regiment of the Church. 11. If all Priests indifferently under the Law did separate and restore lepers, whereunto answereth excommunication, and reconciliation now. 12. If presbyters sat in counsels, and gave voices, and are allowed, by the Law imperial to excommunicate. And further seeing nothing can be objected of any moment: 1. Neither S. Paul's delivering to Satan of Alexander and Hymeneus 2. Neither of the Incestuous young man at Corinth. 3. seeing the key of knowledge, which pastors have, is not to be severed from the key of power 4. and as well may the public use of the keys, be committed to Pastors, as the private. 5. And seeing presbyters in cities have dealt with the censures, the Pastors of the country should not be excluded. 6. Neither is the frequenting of Synods any hindrance to the Ecclesiastical presbytery. 7. 8. 9 Nor any other inconvenience need to be feared: We trust your Majesty will follow, the example of David, to distribute the offices indifferently among the sons of Aaron, 1. Chronicl. 24. 4. that a Theodoret. lib. 5. c. 37. few only have not the pre-eminence, and the rest be despised. Theodosius the Emperor, when he was excommunicate a levi homuncione, of a light cockbrain fellow, because he granted not the thing which he requested, would not enter into the Church, before he had been of the same party absolved. As we condemn the malapartness of the Priest (no such authority being given to any one in the world to censure Kings) so thus far we wish that good Emperor to be followed that the censures of the church may be reverenced, being first restored to the original institution: We ask nothing; but what your Majesty hath given hope of that discipline 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 43. B. Bilson p. 320. Perpet. gov.. be preserved in purity according to the word: and which some of the greatest opposites to this cause have granted: We take the power of the keys to be common to all that have pastoral charge of souls, in their degree. And so we conclude this matter with that sentence of Hierom: which we desire our reverend Bishops to think upon, sicut presbyteri etc. as presbyters know, that by the custom of the Church they are made subject to him that is set over them: ita Episcopi se noverint magis consuetudine, quam dispensationis dominicae veritate presbyteris esse maiores, & in common debere Ecclesiam regere? So let Bishops know, that rather by custom then any divine dispensation, they are greater than presbyters, and aught to govern the Church in common, in 1. c. ad Titum. & citatur, distinct. 95. c. 5 And Hierome again saith: Episcopi sacerdotes se esse noverint, non dominos, honorent Clericos, quasi Clericos, ut & ipsis a clericis, quasi Episcopis honos deferatur: scitum est illud oratoris Bomitij: cur ego te habeam ut principem, cum me non habeas ut senatorem. If Bisbops will be counted as chief and principal they must admit their Pastors to be as Senators, and of their Council. Hierom. ad Nepotian. 4. Against extorting of unreasonable fees. Obj. 1. There are severe laws made already in that behalf. p. 24. Answ. Notwithstanding the severe canons provided against the extorting of unreasonable fees: who knoweth not, what intolerable exactions are used in Ecclesiastical Courts. The time was, when the Cod. lib. 9 tit. 27. Leg. 3. Gratian. judge ought to take nothing for his sentence: when nothing was to be exacted of the innocent party: Colon. p. 13. c. 7. speciem aequitatis non habet, quod ab Innocentibus absolutis quippiam expensarum nomine exegatur: when nothing was to be taken of the poorer sort, a pauperibus non valentibus solvere nihil recipiatur, append. Basil. c. 10. It is not above 250. years since, when this order was taken by john Stratford of Canterbury, Liuwood. de censen. c. Saeva. that ministers should pay for their letters of orders, but 6 pence for their letters of institution but 12 pence. It hath been decreed, that none should exact ultra statuta Caus. 16. q. 1. c. 62. lo. Extr. come. l. 3. tit. 10. c. 1. patrum beyond the rates appointed, and should take less than the custom, not more: But how the world is changed, who can be ignorant what large fees are paid for sentence, innocents not spared the poor not pitied: for probates of testaments double required to that which the statute alloweth: for acquittances. Executors, some ten, some twenty years after are forced to pay some forty, some fifty Shillings, some more. Letters of institution are grown from twenty Shillings in the beginning of Queen Elizabeth's reign to four or five pound. Letters of orders taxed in many places after the same rate. Archdeacon's in their visitation have exacted twelve pence, sixteen pence yea two Shillings for the article books, not much more above three pence. And not long since, when the fifth of August was commanded to be solemnized for the King's deliverance, in some dioceses the Churchwardens were urged to pay twenty pence for copies of the letters. It were too long to reckon up all the exorbitant courses of these Ecclesiastical courts and officers, which since the canon made in the convocation. anno 1597. have been more intolerable, then before: and seeing convocation canons are no more regarded, we desire that their exactions may be restrained by parliament statutes, that some of the ancient laws may be revived against such: as either the law of Theodosius to be punished fourefould: or the decree of Innocent. the 3. Extorta restitu it, Cod. lib. 9 tit. 27. l. 6. & tantundem pauperibus eroget, to restore what is exacted, and to give so much to the poor: or of Benedict. the 12. that they pay twice so much within two months, or Decr. Greg. lib. 3. c. 49. c. 8. Extrav. come lib. 3. tit. 10 c. 1. can. 24. else be suspended from their office: or the decree of the 8. general Council, concerning such enormities aut corrigatur, aut deponatur: that if they be not amended, they should be deposed. 5. Of farming of jurisdiction. Censure: IT is of itself a matter indifferent, neither good nor evil, but as it is used. p. 24. Answ. And do our brethren hold the farming of Ecclesiastical jurisdiction to be so indifferent a thing? How is it possible, when some Chancellors and officials pay 20. some 30. some 50 pound, yearly for their place: registers, some an hundred, some 200 pound, some more, but that they should extort in their office, and by unreasonable and intolerable exactions make up their hard rents? Is this thing, neither good, nor evil: We wonder, that men professing the Gospel should be thus besotted and blinded; seeing the papal Hierarchy hath detested such corruptions. Lateranens. par. 1. c. 15. quidam pro certae pecuniae quantitate jurisdictionem Episcopalem exercent, qui de caetero praesumpserit sic facere, officio suo privetur, & Episcopus conferendi hoc officium potestatem amitttat: both the officer that farmeth his office shall be deprived, and the Bishop lose the gift. So was it also decreed. Coloniens. sub Adulph. med. 3. c. 3. Non licet praelatis officia sua pro pecunia alicui committere: that no prelate's should let out their offices for money. 6. Of the restraint of marriage at certain times. Object. IT is falsely called a popish canon, it was anciently used in the Church. Laodicen. c. 52. and being rightly used is commendable etc. Ans. to Petit. p. 24. Answ. 1. The 52. canon of the Laodicene Council, which decreeth, that marriage should not be solemnized in Lent, doth no more show, that the restraint of marriage is not superstitious, then because, can. 24. mention is made of 7. Ecclesiastical orders, and can. 48. of chrism to be used after baptism, it might be inferred, that neither are these observations popish: We count not only those corruptions popish which the pope in his ruff invented, but those of Elder time, which he hath retained: and seeing the mystery of iniquity wrought in the Apostles time, it is no marvel, if it wrought in the time of this Council. 2. This canon objected maketh but one restraint of Marriage in time of lent, but the Church of Rome brought in three: from More times of restraint for marriage observed in England, then in the popish Church. Advent to the Epiphany, from Sepavagesima to the octaves of Easter: from the Rogation week to the octaves of pentecost: all which times are strictly urged in Engl. still: And yet the last time interdicted at Pentecost the Tridentine Chapter hath dispensed with. Ses. 24. cap. 10. So that herein Protestants are more superstitious than Papists. 3 This canon for restraint of marriage had but a superstitious beginning: it was prohibited against such festivals, because of the holiness of the time: so that these absurdities follow that marriage is a disgrace to these times, which the Apostle calleth honourable, Heb. 13 4. And that some time are more holy, than other, contrary to the Apostle Galath, 4. 10. And if marriage be not fit to be solemnized, than all matrimonial duties might as well be forbidden and so married persons should be forced to forbear and to abstain the third part of the year: who judgeth not, how inconvenient this would be? 4. But seeing marriage in these times may be lawful by dispensation, to what other use served that canon, then to draw advantage to their purses? If they can make it lawful for money to some, as well may the parliament make it lawful to all persons without money. And so the Petitioners request is reasonable, that (day of fast only excepted) this & all other Popish & inconvenient canons should be abrogated, according to the statute of Henry 8. that such canons, as by the 32. Commissioners to be nominated by the king should be found contrary to the word of God and the law of the land be abolished. This act was made ann. Henry 8. 25. c. 19 repealed, ann. 1. 92. of. P & M. revived ann. Eliz. 1. c. 1. We desire only the execution of it. 7. of the longsomeness of Ecclesiastical suits. Object. IT is not the fault of the Court, or judge etc. but some time the error of pleading, the intricatnesse of the cause, cunning of proctor's. etc. Answ. 1. None of these pretences can excuse the length of suits. 1. If the error Cod. lib. 2. tit. 28. c. 1. be in the form of pleading, let Constantins' law take place. juris formulae te aucupatione syllabarum amputentur. They should not stand so strictly upon terms and quirks of law, but go directly to the equity of the cause: as Innocent wrote to the Bishop of Hereford: Non secundum formam Lateranens. par. 7. c. 13. in literis expressam, sed secundum vigorem justitiae judicandum: judge not according to the terms of the letter, but after the tenure of justice. 2. If the fault be in the advocate, let justinian's law be executed: Cod. lib. 3. tit. 1. c. 11. Puniatur in duab. libris auri: Let a fine be set on his head. 3. If the proctor's trifle, and make unnecessary pleas, let Theodosius law be revived, that the judge may remove them, ab executione, from their practice, ut sciant causas à se non esse deludendas, that they may learn, not to delude causes. 4. If the Clients be perverse, Cod. lib. 3. tit. 3. c. 2 and absent themselves, justinian also hath taken order for that: The judge may determine the suit in their absence, and against their wills. 2. Now for the time to be limited for the determination of suits, the civil law prescribeth two years for criminal causes: three years, for civil & pecuniary suits. The canon law also setteth, for the Extav come. lib. 1. tlt. 9 c. 1. Sixtus. 4. hearing of Ecclesiastical suits between party and party two years: But this is to be presupposed in most difficult and intricare causes: for the determining of some other civil or criminal, a less time is limited, as the space of 20. days: Sciant Cod. lib. 1. t. 5. leg. zeno judices intra viginti dierum spatium debere se prefata litigia postquam orta fuerint, terminare: And generally this respect of Clergy men's suits. disceptatio litis Cans. 11. q. 1. c. 45. duorum mensium spatium non excedat. They should not exceed two months: It were to be wished, that some of these laws What time may be thought meet to be limited for the detaining of suits. were restored that a certain time should be prefixed, for a final end of suits. A year or two at the most might suffice for the deciding of the most intricate causes. Now the judge, Register, advocate, proctor are all agreed to prolong suits for their advantatage, and so, as the prophet saith: they wrap it up. Mic. c. 7, 3. But the chief fault is in the judge, who might abridge suits, if he would: And therefore justinian punisheth the judge, in 10 Cod. lib. 1. tit. 1. leg. 11. pound of gold, that determineth not causes within the time prescribed: Leo the 10 decreeth them to be excommunicate: judices causas coram eye pendents sub poena excommunicationis terminare debent. The like Latran. sub. Leon. 10. sess. 11. course if it were taken with our Ecclesiastical judges the whole kingdom would soon find great ease. 8. Of the oath ex officio. Object. THE oath, ex officio is used as it ought to be by men of wisdom, experience, conscience etc. Answ. p. 25. Answ. The oath ex Officio we desire that it were in Ecclesiastical courts more sparingly used, or rather never used, and in these points reform, wherein we think it is enforced contrary to the word of God, and the law of this land. 1. The oath whereby a man is forced to accuse himself, should not be used in ordinary proceed, and in trifling and common causes, as now it is, but in weighty and great matters, which tend to the disturbance of the common peace, or are against the State, such as are handled in the most honourable Court of the star-chamber: and it should be used rather in civil causes then canonical, as in matters of trust, Exod. 22. 11. And so by the Imperial law, in actione depositi, a man might be onerated with an oath. Cod. lib. 4. tit. 1. leg. 10. So in action of debt, the debtor might be put to his oath. Ibid. leg. 9 2. This oath is ministered propter inopiam probationum, where other proofs fail, Cod. lib. 4. tit. 1. leg. 3. And the Canon law saith, In ipso causae initio non est à quaestionibus inchoandum: They must not begin in the entrance of the suit with questions. So in the case of jealousy between man and wife, where no other evidence was, the woman was charged with an oath or execration, Numb. 5. 21. But now a man convented is first put to his oath, though other profess be at hand. 3. Where one is pressed with this oath a party and accuser should be given, that he which is accused may refer juramentum, may have liberty to return the like oath upon his accuser. Cod. lib. 4. tit. 1. leg. 9 justinian giveth this reason, Non debet respuere in persona sua quod placuit in persona adversarij. He must not refuse to swear in his own person, seeing he put his adversary to it, ibid. leg. 12. This course is held in the honourable Court of Chancery, that where that party is examined upon his oath; his adversary that putteth in the bill appeareth against him. This standing forth of the accuser is approved by our Saviour, Woman, where are thine accusers, Ioh 8. 10. The heathen judge had this equity to say unto Paul, I will hear thee when thine accusers are come, Act. 23. 35. The Canons are most pregnant this way, julij. 1. decr. 1. that an accuser should be produced in judgement: Non oportet quenquam judicari aut damnari antequam accusatores suos presentes habeat: None ought to be judged or condemned before he have his accusers present. Non ante accusatus supplicio deputetur, quant accusator presentitur: That the party accused be not adjudged to punishment before his accuser be produced. Wormatens. c. 42. Necesse est secundum scripturarum documentum, & accusatorum & accusatum simul adesse. It is necessary according to the doctrine of the Scriptures, that both the accuser and accused be present at once. Nicol. 1. de judic. c. 10. No cause shall be admitted to any to determe, Nisi personae appareant, quae volunt personam criminosi impetere: Unless the parties appear that will accuse the guilty person. Thus both by Scripture, laws imperial, Canons of bishops, Counsels provincial and general, it is evident, that no man ought to be condemned without an accuser; wherein the course which is taken by the ministering of an oath Ex Officio faileth. 4. Clergy men are privileged not to be examined upon their oath, Citra iniuriam questiones testimonium dicunt. Cod. lib. 1. tit. 6. leg. 8. Theodos. They must give their testimony, not forced thereto by question. As they are excepted by this law from torture of body, so by the same reason from the forcing of their conscience; especially the Bishop should not exact such a compulsive oath of his Clergy. Nullus Episcopus Clericos suos, nisi forte quibus Ecclesiasticarum rerum dispensatio commissa fuerit, sibi jurare compellat, Caus. 22. 5. 23. Placuit ut nullus Episcopus quenquam Clericorum judicare, aut condemnare presumet, nisi accusatus legitimos accusatores habeat. We think fit, that no Bishop do judge or condemn any of the clergy, unless the party accused have lawful accusers present. This also is agreeable Inter decret. ab Adrian collecta. to the Apostle: Against an Elder or a Presbyter receive no accusation but under two or three witnesses, 1. Tim. 5. 19 But now in Ecclesiastical proceed there is no respect had to the reverend calling of preachers, but they are indifferently put to the oath, neither is there an accuser produced. 5. The Prophet jeremy would have us to swear in judgement. jerem. 4. 2. that is, not rashly, but deliberately and advisedly: but they which are examined upon the oath can not swear in judgement, because they know not the articles before to consider of them, but they that swear make a present and direct answer, they know not to what. This is also contrary to that decree: Latran. sub Innocent. 3. c. 8. Contra quem facienda est iniquisitio, etc. exponenda sunt illi capitula de quibus fuerit inquirendum, ut facultatem habeat, defendendi seipsum etc. He against whom inquisition is made, must have the points, declared unto him, whereof he is to be exaamined that he may have power to defed himself, Ergo the oath ex officio is not according to judgement. 6. We must swear also in righteousness jerem. 4. 2. But so do not they, which take the oath ex officio, because they are forced to accuse and bretray their brethren, which is against the law of charity and righteousness. In which case a man should be resolved to say with Ambrose, prius est, ut animam mihi quam fidem auferat. I will sooner lose my life then my faith. 7. It is against the Law, to force a man to produce witnesses against himself: Nemo contra se cogitur testes producere. Cod. lib, 4. tit. 20. leg. 6. Ergo it is against the law for a man to be forced to be a witness against himself. 8. By the civil law a witness produced against his will, must not carcerali custodia detineri etc. Be committed to prison, nor detained above 15. days: Cod. l. 4. 20. 15. But they which are produced to testify against themselves are committed to prison, and kept not only, 15. days, but so many weeks and months, till they submit themselves to the oath. 4. The Scripture saith: in the mouth of two or three witnesses, shall every word stand 2. Cor. 13. 2. Hereunto agreeth the civil law, vox unius, vox nullius: the voice of one is the voice of none, Cod. l. 4. tit. 20. l. 8. Constan. And the canon law: unius testis responsio omnino non audiatur: one witness is not to be heard, Caus. 4. q. 3. c. 2. If one witness is not to be accepted, much less where no witness is, should any be condemned. 10. The same party should not be both accuser and judge: our Saviour, to whom as a judge they presented the adulterous woman, would not condemn her without accusers, joan. 8. The Canons agree: Nullus praesumat Cans. 4. 44 c. 1. 2. accusator simulesse, & judex: Let none presume to be accuser and judge. Fabian. epist. 1. Damasc. ep. 3. c. 7. council. Oxoniens. sub Steph. But in urging the oath ex officio the judge and Court are accusers. Wherhfore (O most noble King) 1. seeing the oath ex officio should be in weighty not common, in civil rather then in criminal causes. 2. seeing it should be used, but when other proofs fail. 3. And that an accuser should be produced. 4. And the Ministers by law are privileged. 5. Seeing such cannot swear in judgement, not knowing the articles objected. 6. nor in righteousness, being forced oftentimes to accuse their brethren. 7. Neither should a man be forced to produce witnesses against himself, 8. neither should witnesses be imprisoned. 9 And every word should stand in the mouth of two or three witnesses. 10. Neither should the same be Accusator & judex. We hope your Majesty seethe, what just cause the Petitioners had to move, that the oath Ex officio be more sparingly used: which course seemed strange in ancient time: as Ambrose reproveth one Syagrius Bishop of Verona; for condemning a virgin without an accuser: Vbi talis judicandi formula, Epist. 64. si leges publicas interrogamus, accusatorum exigunt, si Ecclesia, etc. Whence had you this form of proceeding, if we ask the common Laws, they require an accuser; if the Church, in the mouth of two or three witnesses every truth standeth. 9 Of Licenses for marriage without banes ask. Object. LIcenses for marriage are most cautelously granted and that upon severe punishment to ensue if the constitution be violated. Answ. p. 25. Answ. The inconveniences which ensue upon licenses for marriage, as they are now granted, are many. 1. By this means injury is done unto the parents without whose consent their child, and sometimes heir is carried away, and married without further notice. 2. Precontracts are by this means deluded, when as marriages are huddled up without public warning, that they which have interest might take exception. 3. These licenses give way to clandestine and secret marriages, which are forbidden both by God's law and man's. 4. The Church and congregation is offended, the Pastor mocked, when two of their parish are joined in marriage, they know not where, nor when. Secondly, as for the severity of the constitution, the strength thereof dependeth upon the bonds of the sureties which may be knights of the post, & men of no worth? And notwithstanding this canon, licenses have been abused as much as before, as some of us can speak of experience. Thirdly, the Petitioner than had reason, to move, as they did: And further, we explain our Petition, that either licenses might be clean cut off, and banes thrice asked without any exception, according to the Communion book, as it hath been in some Synods also decreed: or that noble personages, or men of the like quality only be privileged, as the constitution intendeth: and that they to other be granted very seldom, and that upon necessary and urgent occasion, better cautions, and more reasonable fees: that, as other Coloniens. par. 7. c. 43. August. c. 21. things, so marriages may be done, according to the Apostles rule, Comely, and in order. 1. Cor. 14 40. But now by these licenses order is broken, and a way made to many uncomely, and unhonest proceed. The defence of the Conclusion. 1. Censure THE idle vaunt, that the Answ. p. 2● Petitioners make, etc. they have passed over in silence many learned tracts. Answ. We trust by this defence it doth appear, that it is no idle vaunt (that the Petitioners are able to show the particulars given in instance, not to be agreeable to the scriptuers:) The treatises written on the contrary part, the Petitioners profess not to confute, the world is too full of such books already, & the common adversary rejoiceth too much in our domestical contentions: yet some of them where it was needful, are answered: some as superfluous, are omitted: of the which we may say with Ambrose, Accusationem non tacendo confirmant sed despiciunt In Luc. 22. non refellendo: They are best refuted, by being despised. Ye will by argument silence them.] Boast not too much of your strength, let not him that putteth on his armour, boast, as he that putteth it off: we doubt not, but to whom God hath given affection to love his truth, he will also grant elocution to defend it. But though you could put men to silence, the truth, will not be silenced: Melior est causa, quae non defenditur, & probatur, taceat Serm. 49. lingua necesse est, ubi ipsa equitas sibi adest: as Ambrose saith. The goodness of the cause doth the better appear when it is approved without defence. The gracious effects under her majesties late happy reign, proceeded not from the discipline but from the doctrine of the Church, which if it had been cherished by a good foster sister, would have brought forth more glorious fruits. His Majesty, what defects soever he found in the reformation of his former kingdom, (which are not such as you insinuate) he knoweth wisely to distinguish between the faults of men, and the nature of the thing, as the law saith, Delictum Reg. juris. 76 personae, non debet in detrimentum Ecclesiae redundare. The persons fault should not be the Church's prejudice. 2. Cens. That God hath appointed his Majesty etc. for such a purpose as they conceit, what point of divination? etc. Answ. We doubt not, but that God hath appointed his Majesty to the kingdom for such a time: even to reform such things as are out of square both in Church and Commonwealth: that we may say of his Majesty with the Prophet: Vocaberis instaurator ruinae, & institutor semitarum. Esay. 58. 12. As for the Petitioners, they have neither Popish nor puritan humours to be purged of: Where the sickness is we trust our princely physician will in time find out: As Augustine saith, Qui Soliloq. 1. 14 medici officio fungitur melius intelligit, qui sani sunt, quam ipsi qui sanantur: The Physician better knoweth who are sick, or sound, than they which are healed. Neither do we wish the state to be dissolved, but the corruptions to be reform: The state of the Church as we deny it not to be in part, as they say; acceptable to God, honourable to his highness, comfortable to many thousand Ministers, so we desire, that in each sort it may be more: and say with Augustine in an other case optandum Epist. 16. est ut fiat, supplicandum est, ut fiat, non quasi factum fuerit consulendum. It were to be wished that so it were, but cannot be said, that so it is. 3. Censure. He that will indifferently consider, etc. shall have just cause to approve the justice, commend the mildness, etc. Answ. We wish the same which our brethren write, that such mildness had been used by the governors of the Church toward the preachers, which were silenced, imprisoned, deprived for refusing the surplice and cross, and such other matters (to the urgers of them) of no great importance: God show them more mercy in that day. Certainly howsoever their severity before men, by authority may be excused, yet their clemency would have been more commended, as Ambrose Epist. 58. well saith, Vides quid authoritas tribuat, quid studeat misericordia: excusationem habes, si feceris laudem, si non feceris. 4. Cens. As for that clause of men's traditions, it is odious: Answ. p. 27. Answ. Let our brethren tell us in good sadness, whether they can prove, the surplice, cross in baptism, non residency, excommunication by Chancellors, officials, by the scriptuers? If they cannot, what are they else, but men's traditions? And it is acknowledged, Perpet. gov. p. 320. that this last is challenged not by God's law, but by man's: How say our brethren then is it not an human tradition: this hiding of the disease tendeth not to healing, but to Lib. de dile. c. 5. further hurt: Nolens se esse reum addit ad reatum, excusando ignorat, non se poenam removere, sed veniam. He that will not be guilty, increaseth his guilt, and by excusing himself procureth 〈◊〉 pardon, but punishment. 5. Cens. Are we the men, that are addicted to our own quiet, credit, and commodity? Ans. to petit. p. 27. Answ. Who seek their quiet in the world more than idle ministers that either do not, or cannot preach? who their credit more than they that seek to have pre-eminence above their brethren? who their profit more than they that heap living to living, benefice to benefice, dignity to dignity? Are not they the men that take upon them to be proctor's and patron's for all these? We charge them not to put out their money to usury, their multiplicity of live will make them rich enough without it: their labours by preaching and writing against the common adversaie we dispraise not, but wish the one were more, and the other in many to better edifying: Neither are their brethren the Petitioners inferior in any of these travels: But this we dislike, that our brethren should think by their labours to colour and countenance these corruptions: This were as Hierome saith: Rem medecinae vulnus Ad Demetr. facere, remedium animae venenum: To make a wound with a medicine, and turn the remedy of the soul into a malady. 6. Cens. It is objected, That the desire of the Petitioners doth not suit with the state of a monarchy: whereunto our answer briefly is this: First to enforce this conclusion, the confuters Untruth divers. produce false and slanderous premises, as that we would have the king confined within the limits of some particular parish: that they give unto the presbyters power to Answ. to pet. p. 29. censure, eujoine penance, excommunicate the king, and where there is cause to proceed against him as a tyrant: that they deny appeals to the prince, would draw all causes to be Ecclesiastical, that they allow the magistrate, Non potestatem juris, sed facti. 1. The Petitioners utterly renounce all these uncharitable imputations: they are further off from making all causes Ecclesiastical, than the Bishops and their officers: for they think that actions matrimonial, decimarie, testamentary, de jure belong to the deciding of the civil Magistrate, which now de facto are appropriated to the Ecclesiastical courts. 2. Not presbyters, but Bishops have taken upon them to censure and excommunicate Kings: as Odo suspended King Edwine: the Bishop of London, Elie, Winchester, Hereford, Fox. p. 151. Fox. p. 251. interdicted K. john, and the whole Realm: they were the Bishops, not presbyters, that iutted with and iostled their Kings. Anselme opposed himself against William Rufus, Becket against K. Henry the 2. Ste. Langhton against K. john. Rob. Winchelsey against Edward the 1. Thomas Arundel against Rich. the 2. And few Archbishops we find (saith M. Eox) with whom kings have not bad some quarrels or Fox. 395. other. But as for the Petitioners concerning the censuring of Kings: we assent unto their determination that thus write, Si quis vetus & novum Testamentum, gestaque revolverit, patenter inveniet, quod aut minime, aut difficulter possint reges & imperatores excommunicari: admoneri possunt, increpari, argui a discretis viris, etc. If a man turn over the old & new Testament Epist. Leodiens. Eccles. Cont. Pasch. he shall apparently said, that none at all, or very hardly Kings and Emperors can be excommunicate: they may be admonished, rebuked by discreet men, etc. And they add further: Hildebrandus papa primus levavit sacerdotalem lanceam contra diadema regum: The Pope a Bishop (not the presbyters) did first lift up the Priestly lance against the Kingly crown. If in some places some heady men have presumed without warrant, it ought not to prejudice neither us, nor our cause: But as Ambrose saith: the example of such, Non excusationi obtenditur, sed cautioni proponitur: should not be pretended to imitate, but propounded to take heed. Secondly, would our brethren have the The Ecclesiastical state in earth not Monarchical. state of the Church Monarchical by this colour, to make the Ecclesiastical and Civil state suitable, when there was but one Emperor, ambitious policy brought in one supreme Bishop the Pope, that took upon him to be chief over all Bishops: There is great difference between the Church and the Kingdom: their regiment cannot be alike: Our Saviour himself showeth a difference, The Luc. 22. 23. Kings of the Gentiles reign over them etc. but ye shall not be so. Christ would have no monarchs and sole commanders in his Church, as the Kings were among the Gentiles. Do not our learned writers maintain against Bellarmine that the policy of the Church, Quam D. Sutcliffe. l. 1. de. pont. Rom. c. 5. proxime accedere. etc. doth come most near to an Aristocratical estate, not a Monarchical: And in this manner was the Church governed at the beginning, as Hierome witnesseth, communi presbyterorum consilio: by the common In Tit. 1. counsel of presbyters. Thirdly, yet shall it appear, that the regiment and Discipline of the Church, which the Petitioners move, is much more suitable to the state of a Monarchy, than the Episcopal Hierarchy: 1. We acknowledge no other Monarch, both in Civil and Ecclesiastical causes, but the king's Majesty: there need not to be any other Prince, or chief of the Bishops, but the King, 2. the civil state, though it be Monarchical in the head, yet it is not throughout in the members. The King first, hath his honourable state of Councillors, all of equal authority: to that may answer for Ecclesiastical matters a Synod of Bishops: then in every shire, there are worship full knights and Squires in commission for the peace: were it not a confused The presbyter of Pastors proved suitable to the state. estate, that there should be but one justice in a shire, as now there is but one Chancellor or Archdeacon? How much more suitable were it, if every Deanery and division had their assembly and reverend learned Pastors, for the administration of discipline, than one ignorant Civilian, or some other ordinary substituted person? We appeal now to all religious politic statesmen, whether this form of Ecclesiastical government were not much more fitting to the Commonwealth, then that which now is used: Wherhfore the Confuters are too blame to charge the Petitioners, and their requests, as not suitable to the state: We say with Ambrose: Didicimus omnes fidem proprio regi servare, nec usurpare regnum sed vereri: We have learned to be faitbfull to the Prince, not to usurp any kingdom, but to reverence the king, etc. 6. They further untruly charge the Petitioners, Vutruth. No such thing will ensue. That poverty and lack of learning would creep into the Clergy if their desire take place. Answ. p. 29. Whereunto we answer. 1. what though there be not sufficient maintenance left in some reformed Churches: We pity their estate, and as much condemn the embeazelers' of Church revenues, as these censurers: And it is an uncharitable speech, that we would have our Churches reduced and made conformable to the calamity of those places: Neither is the poverty of those Churches the fruit of their reformation, but of some men's covetousness, that are ready to Untruth. We would not have our Church so reduced. take any occasion to enrich themselves: neither do the Petitioners urge the alteration of the ecclesiastical state, according to their platform: the Petitioners stand for the maintenance of a learned ministery, as it may appear by their motion of impropriations; and we say with Origen: Nisi dederit oleum populus, extinguetur lucerna in templo. Hom. 13. in levit. 2. That there are not many men brought up among them (they mean in Scotland and other reformed Churches) worthy of that honourable maintenance: is not far from a defamation of so worthy a Church, neither had that land ever more learned men both preachers and writers, then are at this time: The Kings own Testimony shall clear this point: There is presently a sufficient number of good men of the ministry of this kingdom; How may his Majesty take it, to have such an evil report brought up of his country. 3. Of like truth it is, that the petitioners Untruth. here called at their pleasures (evil, malicious, ungrateful men) can see nothing in the Church but defects, deformities: We neither condemn that which is good for the evil, nor yet iustifiy the evil, as they do, together with the good: that were to use too little a measure, and this too large, as one saith: Mensura maior est, quando plus donatur rebus, quam merita deposcunt; minor, cum subtrahitur meritis Apol. pamph. quod debetur. 4. We wish also, that all which profess the truth were in our condition, but with S. Paul's exception: Excepting these bonds; our Act. 26. 29. state were most happy, if this servitude under human constitutions were removed. 5. And we wish with all our hearts it were as they say, That our Reverend Prelates did contain themselves within such bounds, as preserve that state from creeping to any papal corruptions: But how can this be truly said, when as the discipline of the Ecclesiastical courts is altogether the same, setting the supremacy aside, which was exercised under the pope. The corruption is not reform, being by an other authority maintained: the Canon saith: Cum quid una via prohibetur alieni, ad id alia non debet admitti; That which is forbidden one way, ought not to be admitted an other. The corruptions of the Ecclesiastical state, as by the papal supremacy, are not now practised, so by his majesties princely authority we trust shall be purged: to whom the honour of this work must be left, not to the Bishops themselves, to chain them with such bonds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 44 as may preserve that state from creeping to corruption. 6. That there is yet remaining to Colleges, Cathedral Churches, Bishops, such sufficient and honourable maintenance, the Ans. to. the Pet. p. 31. Petitioners, which are unjustly traduced, as impugners of the state, do therein rejoice and wish together with the continuance good employment of them: Such as do prey upon the Church tithes and inheritance, and they, which assent unto them, we hold guilty of great impiety: Ambrose well saith in Orat. in A●xent. an other case: Naboth vineam non tradidit suam, nos trademus Ecclesiam Christi: si ille patrum haereditatem non tradidit, ego tradam haereditatem Christi. i. If Naboth would not forego the inheritance of his fathers, much less should any betray the inheritance of the Church. 7. If it be admitted, that there were more Ans. to Pet. p. 31. learned men in this kingdom, then among all the Ministers of the religion in all Europe beside: that doth not prove, that there are no dumb & unlearned Ministers in the Church. 1. And where will our brethren find so many learned men, if they exclude all those preachers which desire reformation, whom at other times they will hardly afford the name of learning. 2. And it need not to be marveled at, if England may compare in number of learned Pastors, with most reformed countries (though the comparison be too large to set it alone against all Europe) seeing in this one land there are more parish Churches, which are occasions of learned Ministers, then in all the Protestant reform nations. 4. But considering the whole number of Parishes (which riseth to not so few, asten thousand) as we may compare for learned Ministets, so we fear we exceed them for unlearned. Scotland hath not the third part of that number, nor the tenth of our maintenance; but there are few Churches which have not a preaching Minister: therein we wish we could compare with them. 5. As this Church of England aboundeth with many learned men; so it would abound much more, for every learned minister we should have two if that course might be taken which the humble Petitioners desire: but now as we have many bright shining lamps, so there are more dim twinkling stars. The third part of the land is darkened with unpreaching ministers, that we may say with Origen, Alij sunt, quorum pars aliqua observatur, ut in Revelatione percussa est tertia pars lunae: alij qui penitus cadunt, ut stellae à draconis cauda Tractat. 30. ●● Mat. tractae. Though the dragon's tail of Rome (thanks be to God) hath not smitten our stars to the ground, yet a third part of our morn is obscured. 8. And true it is, that as our brethren say, our inferior Clergy (even the thousand preachers Petitioners, with their fellow labourers, so despised, & not the dumb idle ministers and non-resident) have been the most effectual means to settle the tranquillity of the land, by inducing men's minds unto piety towards God, loyalty to their King: and to use their own words, as the Apostle gave his detractors to understand, that he was not inferior to the chief Apostles; nay, that he laboured more than they all. In like case we doubt not, but a truth may be be averred of ourselves even by ourselves, without any ostentation at all, when it is so injuriously impeached, and trodden under feet, to the high dishonour of God, the disgrace of his Gospel, and to the slander of this most Christian Commonwealth. Thus have we answered our brethren for this matter with their own words, but much more truly without any ostentation of vanity, but in the plain declaration of verity: and we say with Ambrose: Non est Ambr. ser. 15 in Psal. 129. hoc ulla virtutum iactantia, sed vita innocentis assertio, aliud est dignum se praemia dicere, aliud indignum iniuria. It is not to boast of our virtues, but to avow our innocency: and one thing it is to say, that we are worthy of reward, and another, that we are unworthy of injury. And thus for this time have we ended our just plea, and reply for the truth, leaving the judgement thereof to your Christian Majesty: wherein to our knowledge we have maintained nothing which is not consonant to the Scriptures, and agreeable to the ancient practice of the primitive Church. In handling whereof, we humbly crave pardon if we have been too tedious. Our intendment was not so much to confute the gainsayers, as to confirm the truth: and we herein follow Cyprians counsel; Semel laboravimus, ne alij Ad Fortunat. semper laborarent. We have taken this pains at once, to ease other of continual pains: That where they doubt they may be resolved, where they are wavering, they might be settled, and wherein they have not yet traveled, they may be further informed. Now to your excellent Majesty we heartily wish the compassion of David, the wisdom of Solomon, the faithfulness and zeal of Moses, both tenderly to pity, wisely to discern, and uprightly to determine these causes and controversies of the Church (according to these excellent graces of Clemency, prudency, and Piety, wherewith God hath enlarged your Princely heart) to the honour of Christ, the comfort of his Church, your majesties immortal renown in earth, & everlasting reward in Heaven. FINIS.