A learned Ministerie comman­ded by the Lawe.

Ex: De elect Cap. Nihil est. NIHIL EST &c. There is nothing that may hurt more the Church of God, then that men vnworthie are taken to the gournment of soules. We therefore willing to applie a medicine to this disease, decree by an inuiolable constitu­tion, that when any shalbe chosen to the gouern­ment of soules, he (to whome the confirmation of his election ap­pertayneth) diligently examine both the processe of the election, and the person elected: to the ende, that if all thinges concurre a­right, he may confirme him in his function. For otherwise if any thing shall be vnaduisedly attempted, not onely [...]e that is vnwor­thily promoted, but also the vnworthie promoter him selfe, shall be punished: and if any man shall approoue any of insufficient lear­ning, of an vnchast life, or not of lawful age, when his negligence herein shal appeare, we decree him to be punished thus, not onely that he be [...]uite depriued of power to confirm the next successor: but least by any meanes he might scape vnpunished that he be al­so suspended from the commoditie of his owne benefie. Out of which constitution, these conclusions may briefly thus be gathered.

• 1 Whatsoeuer is hurtfull to the Church of God, the same is to be forbidden.
• 2 But it is hurtful to the Church of God, to haue vn­worthie men takē to the gouernment of soules.
• 3 Therefore the same is to be forbidden.

• 1 He that cannot worthily execute his office, is [...]ot to be admitted to holy orders, and Eccle [...]asti­call dignities.
• 2 But a man of insufficient learning, & of vnhonest cōuersation, can not worthily execute his office.
• 3 Therefore such a one, is not to be admitted to Ec­clesiasticall dignities.

IF any iudge the meaning of this Chapiter, to bee onely of superiour Prelates, as Archbishops, bishops, Abbotes, or such like, elected by some common society of canons, Monkes, Friers, or collegiat Priests, (because of these words, Election & Confirmation, properly applyed to such) & not to inferior Ministers (which are properly sayd to be presented, and instituted:) then is such both diligently to marke the reason of the decree, prouiding a remedie against the detriment; that might redounde, to the Church in both cases, if for both remedie were not before hand prouided: And also to vnderstande, that the name of Prelate, is by law attributed likewise to euery Parson, and Vicar, hauing cure of soules: D. ex. de cle­ric aegrotant c. sua & glos. lynd. Consti de sacra. ite­rand. c. igno­rantia vers. prelati. Quia quilibet qui praeest curae animarum dicitur esse Prelatus. Eue­ry one that is preferred to the cure of soules is named by this name Prelate: And also that election and con­firmation in, and to the superiour functions, haue but the very same effect, to the obtaining of their promoti­ons, that presentation, and institution, haue to the infe­riour Ministers, for enioying of their benefices then is such: (I say) to consider all these thinges, together with the end of the chapiter, where speciall charge is giuen for inferiour offices. And so no doubt he will forthwith conceiue the truth, and surcease this surmise, for other­wise the decree following shall conuince him manifest­ly of an errour.

Ex. de penit. & remissio. c cum in [...]mi­tas. The soules is first to be cured. PRESENTI DECRETO, &c. By this present decree, we charge and straightly commaunde, that the Phisitions for the body, when they shall be called to any sicke persones, they first varne, and induce, the patients, to call for the Phisitions of their [...]ules, that when they shall haue prouision for spirituall health, they may proceede to the more holesome remedy of bodi­lie health, considering, the cause ceasing, the effect likewise cea­seth. Here you see the law is generall, and extendeth to all in generall, as well to poore gentlemen and poore parishioners, as to greasy Monkes, Friers and Canons, [Page 5] seeing the soules of both, may be infected, and the rea­sons may be thus gathered.

• 1 That which is most pretious is first to be cured, and that which is spiritually diseased, is spiritually to be cured.
• 2 But euery mans soule is most precious; and euery mans soule is spiritually diseased.
• 3 Therefore euery mans soule ought first to be cu­red: and euery mans soule ought spiritually to be cured.

OVt of which conclusion followeth this cōsequent, namely, sithence euery soul is spiritually infected, & euery soule spiritually infected, must be spiritually cu­red, that therefore euery soule ought to haue a spiritual Phisition, able to apply a spiritual medicine, and to cure his spiritual disease: otherwise it were absurde, to com­mand, that spiritual diseases should be healed, without spirituall phisitions appointed to that purpose. But this is too too plaine; we will proceed.

Ex. de aetat. & quali. c. penult. CVM SIT ARS ARTIVM, &c. Considering the gouernement of soules, is an Art of all Artes, we straightly com­maund, that the Byshops, either by themselues, or by other fit men do instruct or diligently informe, them that are to be promoted to be Priestes, touching holy offices and Ecclesiasticall Sacra­ments, how they may be able, rightly to celebrate them. For if they shall hencefoorth presume to ordeine such as are vnskilfull, and ignorant, we decree that both they that do ordaine, and they that are ordayned, be subiect to grieuous punishment. For it is a thing more holy, especially in the promotion of Cleargie men, to haue a few good Ministers; then a great many euill, because of the blind, lead the blind, they both shall fall into the ditch.

• 1 Vnskilfull and ignoraunt men, ought not to bee admitted to an office, wherein greatest know­ledge [Page 6] and cunning is required.
• 2 But to the gouernement of mens soules, greatest knowledge, and greatest cunning is required.
• 3 Therfore to the gouernment of the souls of men, vnskilfull and ignoraunt men are not to be ad­mitted.

THe first proposition is prooued by two reasons, the one à comparatis by a comparison: the other ab e­uentu, from the euent. The second proposition, is the reason of the lawe it selfe, because the gouernement of soules, is ars artium, a cunning past all cunninges. The former reason, which is by way of comparison is eui­dent. It is a thing much more holy to haue a little good then much euill, Wherevnto agreeth that which is writ­ten in the 23 distinction chap. tales. Tales ad ministerium eligantur clerici, qui dignè possunt, &c. Let such Clearkes be chosen vnto the ministerie, which may worthily handle the Lordes Sacraments. For it is better to haue a fewe Ministers, which may worthily exercise the worke of God, then many vnprofitable &c. In Cod. De veter. lure enuclea. l. 55 contrarium. Authen. De tabell coll 4. Authen. De referen. in sine. coll. 2. And in like case the Emperour. Melius est pauca idonie effundere, quam multis inutilibus pregrauari, & melius est pauca agere caute, quam multis periculose interesse: & multitudo on erosa, nihil habet ho­nesti. It is better to vtter a few things aptly, then to bur­then men, with man [...] things vnprofitably: And it is bet­ter to do a few thinges warely, then to be conuersaunt in many thinges daungerously. And a multitude altoge­ther burdensome, hath no shew of honesty. And againe, the Canon cōcludeth, Tutius-est ea sine periculo ex necessita­te quae legem non habet omittere, &c. It is more safe to omit those thinges without daunger, vppon necessity which hath no law: then that through rashnesse condemned by law, they should not without great danger be vainly conferred. Wheras a certaine shadow only may appeare in the deed but no truth follow in effect. Al which prin­ciples [Page 7] by common experience, are so well & familiarly knowen vnto euery one of vs, that they need few colors to paint them out. For as touching our foode and dyet, our furniture & apparrell: our pastimes and pleasures: our businesse and affayres, we can euery mothers son, deeme it farre better, to haue a little sweete and hole­some meat cleanly dressed, than many dishes vnsauour­ly seasoned: that a woman fine and neat in simple at­tyre, is more to be commended, then one vngainely ap­parrelled in sumptuous robes. That a man were better to keepe one proper horse, or one high flying Fawcon a kilduck, then ten resty iades, or ten bangling bussardes. That one discreete, painfull, and diligent seruant, wil do his master more honesty, and get him more lucre and aduantage, then twenty idle and loytering merchaunts. And can we be so prouident for our bodily sustenance: so vigilant for our earthly pleasures, and so circumspect for our worldly affayres: and shall we be altogeather blockes, and without all sense of vnderstanding, what is most healthfull, most pleasant, and most profitable for our soules? Can we be wise touching the affayres of this life, and shall we be foolish for the life to come? Can we be heedfull, for matters momentanie, and of no valew, or continuance: and shall we be heedlesse, in matters of eternity, and such as concerne our beatitude for euer? If any man thinke that a few good ministers, wil not serue to bring the people of God, vnto God: will he therfore conclude, that he may lawfully appoint many Ministers of the diuels culling, to bring them to the deuill? The second reason is taken from the sequell or euent which might happen, if remedy were not sought. If the blinde lead the blind, they both shall fall into the ditch. 15. Distinc. & nomine Constitutio. Otho. quam ad venera­biles. And it hath many other groundes and conclusions of law, to sounde it selfe vpon: namely. Talis debet eligi, cuius compa­ratione, caeteri grex dicantur. Et minister, debet esse forma gre­gis, ad quam se debent subditi reformare: & debent esse ministri [Page 8] in exemplum, quasi signa posita ad sugittandum. Such a man ought to be chosen to haue the charge of a flocke, in cōparison of whom the multitude he hath to gouerne; may in deed be called a flocke: and the minister, ought to be the forme of the flocke, wherevnto the inferiour sort ought to reforme them selues: and the Ministers ought to be examples & as marks for others to shoot at. These groundes, and reasons, amongst the greatest part of our Ministers, haue had no place or interteinment at al, but are vtterly turned topsy turuie. For where by these Maximes, they should be seers: where they should goe, and step before others in knowledge, as guides to conduct them: where they shoulde for their pietie, and honest conuersation, be patterns for others to square out their actions by: where they shoulde be markes, for people to ayme, and shoot at, they be now for the most part, cleane contrary, euen the very tailinges, and gar­bage of the people, and such as can scarce say B. to a bat­tledore. Markes in deede to ayme at, but such as the nearer a man should shoot at, the more it would be his hinderaunce. Examples in deed they be, but alas such examples, as it rueth, good men to see, howe many by them are drawen to vngodlinesse, and vnhonestye, to Alehouse haunting, to dicing, to table playing, to Car­ding, to bowling, to bearebayting, yea and that on the Lordes day too: But I say, that notwithstanding these things be thus abused, yet the law prescribeth still how they should be better vsed, as followeth.

Li. vi. de e­lect c licet. Canon. LICET CANON, &c. Although the Canon of Alexander the third our predecessor, among other things did or­daine, that none should take vpon him the gouernment of any pa­rishe Church, vnlesse he had accomplished the age of 25. yeeres, and were commendable for his knowledge and honestie: yet be­cause in the obseruation of the foresayde Canon, many haue shew­ed themselues negligent. We by execution, of Lawe, willing to [Page 9] supplie their perillous negligence, ordaine by this present decree, that non be admitted to the gouernement of any parishe Church, vnlesse he be fit for his manners, for his knowledge, and for his age.

And againe, INFERIORA MINISTE­RIA, &c. Let no man take vpon him, the inferiour ministeries: as a Deanrie, an Archdeaconrie, and others that haue cure of soules annexed; neythar yet the charge of a parrishe Church, vnlesse he haue accomplished the age of 25. yeares, and be to be approued for his knowledge and conuersation.

These constitutions do expresly prohibite any person to be admitted to the gouernment of soules, and so to any parish Church, that is not qualified (as you here) & why? Non conuenit talem aliis praefici in Magistrum, qui non­dum se nouit esse discipulum. It is vnseemely that such a one be appointed a master ouer others, which as yet hath not knowen him selfe to be a disciple. And againe. 49. Destinc. cap. sacerdo­tes. Authen de sanct. epis §. Damus. ff. De [...]cu­rio. L hono­res. 3 cap. distinc. § Glos. consti. Otho cum sit ars. De­bet promotus esse literatus, quia cum ipse debet alios docere, non debet ipse discere. He that is promoted ought to be lear­ned, in as much, as he taking vpon him to teach others, him selfe ought not now to learne. And againe. Honores & munera non ordinationi, sed potioribus iniungenda sunt. Ho­nours and offices are to be giuen to the best approued, & not to an ordination alone. And again. Debet promotus omni poscenti reddere rationem. He that is promoted ought to giue a reason to euery one that asketh. And againe. Cura animarum debet vigiliis onerosa esse, & sollicita, vt iste cui committitur, curet ne pereant subditi, sed saluentur. The charge of soules ought through watchfulnesse to be painefull and carefull, that he to whom it is committed be diligent to foresee that the people perish not, but ra­ther that they may be saued. And againe. 8 q. 1. Licet. ergo. Et qui doctior est & sanctior, est eligendus. And he that is the more lear­ned and the more holy, is to be chosen. And euen vpon the selfe same reason: namely, that the souls of the peo­ple, shoulde not be in perill for want of teaching: It is [Page 10] ordayned that no Church with cure of soules, shoulde be destitute, aboue a certayne time prefixed and lymi­ted, for the prouision of some man able to guyde the people.

Ex De elec. Ne pro De­fectu. NE PRO DEFECTV, &c. Least for want of a Pa­stour the rauening Wolfe should destroy the Lord his flocke: or that a Widow Church, shoulde suffer great hinderaunce in hir substaunce: we willing in this case, both to meete with the perill that might happen to soules, and also to prouide for the indemnities of the Churches, doe ordayne that a Ca­thedrall Churche or regular Church, be not voyde aboue three monethes. Perill of soules, the cause why a time is li­mitted, for the placing of a Pastor within cer­taine Mo­neths. And againe, euen for the selfe same causes and considerations in the Chapiter. Nulla ex. de concessio. prebend. And in the Chapiter. Quo­niam ex. de iure patro, It is commaunded that if a laye man, or Cleargie man, Patron of a benefice, present not his Clearke, the one within sixe monethes, the other within foure monethes: That then after­wardes it shall and maye be lawefull for the superi­our to supplie their negligence, and to place one able to goe in, and out before the people, to guyde them, to teache and instructe them. They who by vsurpation exercised authoritie ouer the Lordes people, did in the tyme of darkenes so care­fully prouide, that the people vnder their pretensed gouernement, shoulde not be vnprouided, (as they imagined of a seer) to foresee the danger that might insue towardes the soules of the people, aboue the space of foure, or at the moste of sixe monethss. What excuse now remayneth, for them that challenge the like authoritie ouer the people of the Lorde, in the time of this great light, and manifestation of his sonne: suffering many thousande flocks to want sheepheardes, and so to be in daunger of the Wolfe: not onely sixe monethes, but now almost sixe and twentie yeares, for so long as they want a sheepehearde, so long are they [Page 11] in daunger of the Wolfe: but they want a sheepheard, so long as they want one able to gouerne them, to ex­hort and to admonishe them, to rebuke and comfort them. ff. De verb. signi. l. aedifi­cium: §. pro­fecisse. Paria enim sunt omnino non fieri, aut minus rite fieri: qui minus soluit, non soluit, perficisse aedificium videtur, qui ita statuit vt in vsu esse possit. It is all one in effect whether a thing be not don at all, or not rightly and duely done: He is sayde not to pay at all, which payeth lesse then is his due to paye: And he is sayde to haue perfected a buylding, which hath so framed it, that it may be in­habited. Perill of soules cause of renuncia­tion. And againe, for this purpose, euen to auoyde the perrill of soules, the Lawe prouideth, that if anie man through want of foresight of the waightinesse of the office, vnworthilye haue taken vppon him the gouernement of any Churche (a burthen too heauie for him to beare) he maye foorthwith forgoe and renounce the same, both so to be disburthened him selfe, and that the Church also might be fur­nished, with some able man, to supply the necessitie thereof.

Ex. de pre­bend. c. ve­nerabilis. PRO DEFECTV SCIENTIAE, &c. For want of knowledge a Man may desire cession: For where as knowledge is chieflie necessarie about the Administration of spirituall thinges, and also behoofefull about the charge of Temporall thinges, let it be lawefull for him that hath charge to gouerne the Church in these thingts, to renounce the sayde Church in case he haue no knowledge whereby he may gouerne the same. For (sayeth the Lorde) thou hast reiected know­ledge, and therefore I will reiect thee, that thou be no Priest vnto me. Hence may be gathered two argumentes, the one to prooue the necessitie of knowledge in a spirituall Pastour: the other to prooue a lawfulnesse for the renouncing of that, which without great pre­iudice and hurt to him selfe and others he, can not re­tayne. [Page 12]

• 1 He that taketh vppon him the administration of spirituall thinges, must haue the knowledge of spirituall things.
• 2 But he that taketh vpon him the gouernement of the Church, taketh vpon him the administrati­on of spirituall thinges.
• 3 Therefore he that taketh vppon him the gouerne­ment of the Church, must haue the knowledge of spirituall thinges.

• 1 It is lawfull for euery man that taketh vpon him a charge or function, without knowledge howe to gouerne the same charge, to forgoe and for sake the sayde charge or function:
• 2 But euery vnlearned minister hauing a charge, as without knowledge how to gouern the same his charge:
• 3 Therfore it is lawful for him to renouuce his sayd charge.

ANd againe, euen to auoyd the perill of soules, and that neither age, neyther any bodily disease or im­potency, should be any occasion or hinderaunce to the people, from hauing and enioying the benefit of a tea­cher, the law prouideth in this case, also as followeth.

7 q. 1. Petisti PETISTI, &c. Thou desirest that for thy age growing vpon thee, and thy bodily infirmitie, thou mightest without ad­uise in the same seat, where thou gouernest, place one in thy steed: but we (God beeing our helper) giue counsell to thy holinesse, that for the helpe of reasonable mens soules, (Christ beeing thy guide) thou doe not leaue these which thou obtaynest, in the Church of Mense, but if the Lorde according to thy request shall giue vnto thee a perfect man, who may take vppon him the care for the health of soules, thou shalt ordayne him Bishop in thy place, and he shall be in the Gospell committed vnto thee, and in bearing the ministerie of Christ, in euery place shall visite and comforte the Church of God. All which Canons and constitutions [Page 13] being made & published long sithence, are againe con­firmed, ratified and allowed by latter constitutions, de­crees, and ordinances, as followeth.

Ex. commu. de Praeb & dig c. Ad re­gimen. AD REGIMEN, &c. Although we by disposition from aboue, vnworthily called to the gouernment of the vniuersal Church as we ought, so haue we in our desires, that by our inde­uour and diligence, fit men be taken to the regiments of Chur­ches and Monasteries, and other Ecclesiasticall benefices, ac­cording to the diuine pleasure, and our purpose and intent, which might rule and profite the Churches, Monasteries and the foresayde benefices to be committed vnto them. And agayne.

Clement. de aetat. & qua­li. c p. 1. CVM ECCLESIAE. &c. For asmuch as the churches wherunto vnfit persons in knowledge, maners, or age, are preferred suffer for this cause (as experience teacheth in their spiritualities & temporalities) oftentimes great detriments: we willing that this thing, by the diocesanes of the places, vnto whome this charge, by reason of their office apperteineth, be more diligently foreseene: straightly enioyne that they themselues more diligently obserue, and cause inuiolably to be obserued by their subiects, such cano­nicall constitutions, as haue hitherto bene published for the pre­ferring of persons vnto such Churches, if they will auoid the dis­pleasure of God, and the punishment due by the Apostolike sea. And not onely these Canons established and confirmed by the Popes Act of Parliament, but euen our own pro­uincial constitutions made long sithence, for the realme of Englande, haue ordayned and established a learned ministerie, & appointed an able and fit state of Cleargy men, to be had through out the whole Empyre and Dominiōs of her Maiestie. The tenor of some of which constitutions followeth. Otho. con­stitu. cum sit ars. §. exigit. First. Exigit nam (que) ars nostra ca­tholica, vt sit vnicus in vna ecclesia sacerdos, alias magister per­fectus, ordine & habitu, vita sancta, scientia, & doctrina. For our Catholique religion requireth that in one Church there be one Priest, otherwise called a perfect teacher, in order and habite, in holy life, in knowledge, & in doctrine. Secondly. Abs (que) magistro preterea ecclesia desolata [Page 14] manet sape die nec persona in ea, nec saltem vicarius perpetuus inuenitur, sed aliquis forte simplex sacerdos, de vita, sancta, scien­tia, & doctrina est ei nimis modica heu cura: without a master the church oftētimes remaineth desolat, hauing neither parsō nor any cōtinual vicar, but perhaps som silie igno­rāt Priest: but as touching their holy life, their knowlege and their doctrine (alas) there is too too little care had.

Otho. const. cum sit ars. §. abs (que). SACER ORDO. &c. A sacred order is to bee conferred to him that is most worthy, to the end that by him the other sacraments might be ministred. Wherfore, since it is a thing very perillous to ordein mē vnworthy, Idiots, Illegitimate, irreguler, persons vnlearned, persons: vagrant, and such as haue not any certayne or true title indeed: We ordein that before the conferring of orders, diligēt inquisition & search be made by the Bi. of al these things. Which constitutiō, whether it be obserued or no, I refer the reader to the directions of the By. Canons: Wherin they manifestly tel vs, that they proceed first, & enquire afterwards: that they first giue the minister a charge, ap­pointing him to teach, & afterwardes send him to the Archdeacōs or his officials court to learn, as is manifest in their Canōs, published in the year of our Lord. 1571. Title Archdeacon: & also in the aduertisementes. Title ec­clesiasticall pollicy. Wherein they haue not attended the meaning and intent of Lawe, which alwayes requireth. Bart. in l. si quis posthu­mos. § filiū. nu. 3. ff. de li. & posthu. ff. de. minor. l. de. aetate & de feriis lc. 2. Vt qualitates adsint eo tempore, quo dispositio sumat effectum. That qualities must then bee had, when the disposition taketh effect. Vt qualitas testis attenditur tempore quo depo­nit. As the quality of a Witnes is then to be considered, when he is deposed. Agayne, Quando quaeritur de aetate, quae est talis, quae reddit personam inhabilem, adiudicium exercen­dum, Bene potest de hoc quaeri, ante omne iudicium. Whē there is any Question of such an age, as maketh any person vnable, to exercise iudgement, this ought very well to be enquired of, before all iudgement. In like manner I say, considering certayne capablenesse, & special ability, by vertue of diuers qualities, wherwith ministers ought [Page 15] to be indued, is necessarily required, to be in thē at the time of their ordering, that therfore by law, they ought not to be ordeined, vnlesse the said qualities be founde in them at the time of ordering: & if any other prepo­sterous order be vsed, that therefore the whole actions, are void & frustrate. For where by disposition of lawe, a certain forme & prescript order is limitted, ther if any in uersiō or preposteration be vsed, al is clean marred. And why? because you follow not the direction of your Let­ters patents: you exceed the bounds of your commissi­on, & passe the limits of your iurisdiction, the Lawe ma­king you adiudge, to do that, & that, after that, and that manner. You make your selfe no iudge by doing after your own fancy, thus, & thus, after this, & this manner, without any cōmission. And where you were by a pub­like cōsent, of a publike magistrate, made a publike per­son to execute a publike law: you make yourself a priuat person, by putting in practise, a priuate deuise. ff. de recept. arb. l. non distinguen­dum §. de officio. Non ergo arbiter quod libet statuere poterit, nec in quaere libet, nisi de qua compromissum est, & quatenus compromissum est. Therefore an Arbiter, cannot determine euery thing, as he wil, nor in what thing he wil, but onely that thing whereof the compromise is made, & according to the forme of the cōpromise. ff. Si a non competeti iud. l. 1. Iudex ad certū rē datus, si de aliis pronunciauit, quā quod ad eam rem pertinet, nihil egit. A iudge apointed to one special matter, if he pronounceth any thing impertinēt to the same, he hath lost his labor. ff. de procu­rat. l maritus Maritus id solum exequi debet. quod procuratio emissa praescripsit. A husbād, that is proctor for his Wife, ought onely to execute that, that his proxy prescribeth. And the reason is this, A learned Ministery commanded by the Ciuil Lawe. Fines mandati sunt diligenter obseruandi. The boūds of a cōmandement ar diligētly to be kept. Neither are the imperyal laws bar­ren & voide of the like holy functions, but exhibit vnto vs the self same prouisions as before: namely, that men holy and religious; men furnished with the best gifts & graces, shoulde be preferred to the sacred ministery. [Page 16] Cod. de epis. & cler: L: si quoniam. Nemo grad [...] sacerdotis, venalitate pretii mercetur, quantum quis (que) meretur, non quantum dare sufficit estimetur. Let no man make marchaundize, or buy the degree of a mini­ster, euery one ought to be esteemed by his merites, & not by his money.

Againe. Authent. De Sanctis epis­cop. §. cle­ricos. coll. nona. CLERICOS AVTEM, &c. We doe not o­therwise suffer Clearkes to be ordayned, vnlesse they be learned, & haue a right faith and an honest life. But if holy rules shal for­bid those which are chosen by others, as vnworthy to be ordayned, then let the most holy Bishop, procure to ordayne whomsoeuer he shall thinke meetest. Note that by ciuil law, a Bysh. may not ordeine a minister, vnlesse the people chuse an vnwor­thy man. And thus common lawe, prouinciall law, ciuill lawe, and statute lawe, (for our statute lawes haue ratified these lawes) pronounce all with one voyce and one consent, that our dumb and silent Curates, and stipendaries, haue no approbation or allowance, no fa­uour or intertainment from them, or by their authori­ty. Why? What shall we say then, or how are they allow­ed then? I will tell you. Certayne peruerse, conceited, and selfeweaning men, soothing them selues, and foste­ring their dotages and fonde affectious errours, with these rules of law, Non requiritur summa perfectio: and that Sufficit mediocris scientia, A perfect knowledge is not required, and a meane knowledge is sufficient. ff. De aedil. edict. le. Sci­end. § Illud & le Si quis venditor. Ex. cap. cum. Nobis. olim de elect. Imagine these our Sir Iohns, the very Asses of our schooles, ha­uing approbation from some Bishop, by whom they haue been tryed and examined to haue (as they terme it), Competentem quamuis non eminentem scientiam, compe­tent, Though not eminent knowledge, may notwith­standing the former prouisions, lawfully take them­selues for true ministers, and be reputed by others for lawfull possessours, in, and to those places, wherevnto they are admitted. Answere to the obiectiō of a compe­tent know­ledge. Whereunto I aunswere, that the ig­noraunce of these termes and wordes of law, Namely, Summa perfectio, mediocris & competens scientia, Is the groūd of this errour. And therefore it resteth briefly to vew, what maner of learning and knowledge, by iustice [Page 17] and equity of law, may be and is reputed, meane, com­petent, and sufficient, for him that shall take vpon him a pastoral charge, wherein also if our bare mumbling ministers shall be found culpable, they are then by defi­nitiue sentence, on the part and behoofe of the law, not onely to be adiudged guilty of voluntary intrusion in­to the right and possession of others, but also to be pu­nished for taking vpon them offices, without any lawful calling.

IGNORANTIA MATER, &c. Ignoraunce the mother of errours, is specially to be auoyded in the Ministers of God, which haue taken vpon them the office to teach amongest the people of God. Let the ministers therefore be warned to read the holy scriptures. Paule the Apostle willing Timothie to at­tende to reading, to exhortation of doctrine, and alwayes to abide in them. Let the ministers therefore know the holy scriptures, & let all their labour consist in preaching and doctrine, & let them edifie as well in knowledge of faith, as examples of good workes. The Mini­sters must know the Scriptures, and preach. Out of which chapiter these conclusions may be gathe­red. First that ignoraunce of the word of God is especi­ally to be auoyded of euery minister as before. Second­ly, with what knowledge euery minister ought to be qualified.

• 1 A teacher of Gods word, must especially auoid ig­noraunce.
• 2 But a minister is a teacher.
• 3 Therefore a minister must especially auoyde igno­noraunce.

Neither is here small store of little knowledge, such as wherewith our reading ministers are furnished, but such whereof expresse mention is made in this decree, and may necessarily be concluded thus,

• 1 Whosoeuer taketh vppon him the office of a tea­cher, [Page 18] amongst the people of God, ought alwayes to attende to reading, to exhortation, and to dwell in the same.
• 2 But the minister taketh vpon him the office of tea­ching amongst the people of God.
• 3 Therefore he ought to attende to reading, to ex­hortation, and to dwell in the same.

• 1 He that hath taken vppon him the office of a tea­cher amongst the people of God, ought to be­stow his labour in preaching and in doctrine.
• 2 But a minister hath taken vppon him the office of a teacher.
• 3 Therefore he ought to bestow his labour in prea­ching and in doctrine. Wherevnto agree diuers other decrees, following.

THe reason why a Prior shoulde haue knowledge and be learned, is, for that the lawe chargeth him with cure of soules.

Ex. de statut. Monacho. c. cum ad Mo­nasterium § prior. PRIOR AVTEM, &c. Let the Prior in comparison of the rest, next after the Abbot, be a man of power, as well in deede as in worde, that by his example of life, and word of doc­trine, he may instruct his brethren, in that which is good, and draw them from euill, hauing zeale of religion according vnto knowledge, both to correct and chastise offendours, and also to comfort and cherish the obedient. Out of which constitution I conclude thus, à similibus ad similia, From like vnto like.

• 1 Whosoeuer cherisheth and comforteth the obe­dient to the faith, and correcteth or improoueth the disobediēt, must be mighty in word & deed.
• 2 But euery minister ought to cherish and comfort the obedient to the faith, and to correct and improoue the disobedient.
• 3 Therefore euery minister ought to be mighty in word and deed.

ANd therefore sithens both in this and in the for­mer constitution, the law maker abused the worde of the Lord, and applieth it to haue the people taught false religion, I meane popishe religion, for that was the intent of the decrees: And seeing the Chaplaine of the deuil, applieth the truth to establishe his diuilish doctrine, and vnder colour of verity, were so carefull to feed the soules of them that beare his markes, with er­rour, superstition and false religion, popishe religion: Seeing I say, the superstitious lawmaker was so carefull for his superstitious time: Our chieffe Prelates, who haue not yet abandoned the pollicy of this traiterous lawmaker, as perilous for the gouernment of the state of the Lordes houshold, ouer whom they chalenge the gouernement, but with tooth and naile mainteine this his pollicy to bee a pollicy meete for the Lordes ser­uaunts to be guided by: what can they aunswere in the defence of their wilful disloyalty to the lord in this behalfe? The law which the enemy vnto the Lorde, did make in the time of popery, for maintenance of popish procurations, popish dispensations, popish ceremonies: popish non residentes: popish excōmunications: popish visitations: popish paiments of oblations: popish courts of faculties: popish licences: the very same lawes, and the selfe same ordinances, to serue their owne turnes, they turne to the maintenance of their prelacies, dignities, and ministeries vnder the Gospell. A reason of these their doings, if they were demanded, I coniecture wold be this: namely, that a law appointed by the aduersary to abuses, hauing good groūds, may be applied to good vses: & that it is not executed now, any more as the po­pish law, but as the law apertainīg to hir highnes crown and regall dignitie, being established by the high Court of Parliament. Wherin touching the former, they sayd somewhat, if the matter did consist, inter pares, and that [Page 20] the most highest, as it were accusing him, that he had not dealt faithfully in his fathers houshold, giuing them as parfect a lawe for the gouernement of his housholde by discipline as by doctrine: And yet by their leaues, why then should not this law of the enemy last specifi­ed, nay rather now there owne lawe, hauing better groundes, and better reasons, for the validity thereof, then the lawes mentioned before, concerning their pre­lacies and dignities, &c. Why (I say) should not this be as auaylable with them now, to exhort the people vnto the truth, as it was with the idolaters, to exhort vnto lyes: to dehort now from popery, as it was then from the Gospel: to instruct men now in the true knowledge of Christ, as it was then to teach men the knowledge of Antichrist: to correct offendours now, against piety and holy religion, as it was then to correct contemners of impietie and prophane religion: to comfort and che­rish the obedient now to the faith, as it was thē to com­fort & cherish the disobediēt to infidelity, & Paganisme. Touching the acts of Parliament, sithence they chaleng by them immunity, for the cōfirmation of their abuses: it were requisite for them to giue the seruauntes of the Lord leaue a little to chalenge as great a priuiledge, by the same, for the stablishment of the right vse of things thorow their default, yet amisse & out of frame with vs. If the cause of the former, in truth & verity, be as good as the cause of the latter, in shew & semblance onely yea if it be farre better (for theirs in truth is starcke naught) and the lawe authorize for the one in deede that, that the same law in appearaunce onely approoueth for the other. If for their fellow seruants sakes, they will not be more fauourable vnto their Lord and masters cause: yet were it expedient for them to be intreated to be more fauourable, to the iustice and equity of their own lawes, then continuallye, by placing vnable men in the ministery, therby as it were accusing the same of imper­fection, [Page 21] and in sufficiency, as though it tollerated any such thing, when as in truth, it doth nothing lesse, euer­more speaking as followeth.

Extra: Cum: de priuilegiis. c. inter cunc­ctas § ve­rum quia VERVM QVIA, &c. But because after baptisme, a­mongest other thinges, the propounding of the worde of God, is most necessary vnto saluation, whereby the hearers hearing that which is our victory, be instructed in the faith, be taught to flee thinges to be auoyded, and to followe thinges to be followed, by which, such as by sinne are fallen, doe rise againe, we haue great care that such brethren be promoted, which by sweet oyle of the worde may comfort our subiectes, may forbid them sinnes, may nippe the woundes of their sinnes by reprehension, and may pro­uoke and induce them to purge and wipe their offences with bit­ternesse of repentaunce. Vnto the execution whereof, the know­ledge of the lawe of God is required, the integritie of life and soule is to be had. For it is written. Thou hast refused know­ledge, and I will refuse thee, that thou be no Priest vnto me, be­cause the lips of the Priestes keepe knowledge, and they search the law at his mouth. For otherwise he can not as his duety is, di­scerne betweene sinne and sinne, &c. All which decrees of themselues, are plaine and sufficient inough, to impugne and ouerthrow all opinions whatsoeuer vainely concei­ued against the prouision, and validitie of law, authori­zing, or ratifying (as it is vntruelye surmised) either any vnpreaching, and vnlearned ministerie, or any vndiscreet vnhonest, or vngodly persons, to execute any offices in the Church. For by these decrees (established first by the enemie of true religion, for the planting of his su­persticion, but now turned by our pollicie from that vse, and made a law for the gouernment of the Church) are so many speciall proprieties of a true pastor, so sub­stantially pointed out, that none, without too too great immodesty, may in any wise affyrme the law to be defe­ctiue herein. Wherevnto our english constitutions and synodals prouinciall, may be annexed, as directly and euidently proouing, with what maner of competent & [Page 22] conuenient knowledge euery minister ought to be a­dorned.

Prou: gu. lind de offi. archipres. igno­rantia sacer­dotum. PRECIPIMVS (sayth the prouinciall constitu­tion) VT QVILIBET Sacerdos plaebi praesidens, quater in anno: hoc est semel in qualibet quarta anni, die vna solemni vel pluribus per se vel per alium exponat populo vulgariter, abs (que) cuius (que) subtilitatis textura fantastica 4, fidei articulos, decem mendata Decalogi, duo praecepta Euangelii, &c. We commaund that euery priest president ouer any people, fouretimes euery year, that is to say, euery quarter of the yeare, in one or more solemne dayes, by him self or some others, expound vnto the people in their vulgar tong, without any subtiltie, the foure Articles of the faith, the tenne Commaundementes, the two preceptes of the Go­spell, &c.

Here are you to see the particularities layde foorth, wherin euery minister ought to be exercised, how often, how playnly and sincerely he ought to teach. Wherein our fathers in time of ignoraunce and superstition, were more zealous, then we in these dayes of the true light and knowledge of the Gospell. Quarter ser­mons from whence they came. For from hence quarter Sermons, nowe amongst vs, haue crept in and had their beginning, though now fostered with greater corruption, then in those former dayes they were. For proofe whereof the Reader shall vnderstande, that these words, Semel in qualibet quarta anni, die vna, solemni, vel pluribus per se vel per alium. In euery quarter of the year, in one or mo solemne daies by him self, or some o­ther haue not this meaning, that it was sufficiēt, for the president of the people, absolutely by an other, foure times in the yeare only, to preach & to instruct the peo­ple, as it is now a dayes amongest vs practized: but the meaning is, that the Articles of the faith, the tenne Commaundementes, the two preceptes of the gospell, &c. should in deede all of them be expounded, and made knowen vnto the people foure tymes in the [Page 23] yeare, and that in foure seuerall solemne dayes, if it were so possible. But because the lawe maker did foresee, that it was impossible, that with anye fruite, this so great a worke, coulde be finished: therefore both to take away all cauilling from the people, who might thinke it sufficient to haue quarterly Sermons: and also to the ende the pastour might be kept in a continuall exercise of his duetie, this Pluribus was added, to the intent that the whole doctrines might once euery quarter, be wholly expounded: Glossa ibid. So that semel is not here taken for simul, that these doctrines shoulde once euery quarter, altogeather and at one time alone be taught, but that they shoulde be once euery quarter at particular & seuerall times: particularly, and seueral­ly be taught: for so, though they be at many times, particularlie taught, yet in the whole, they may be sayd to be but once in a quarter wholly taught. And these wordes. per se vel per alium, by him selfe or by another, haue another maner of exposition then a great manie vnderstande or thinke them to haue. For it is com­monly thought sufficient, that these words, per alium (by another) be vnderstood, in case the pastour him­selfe be altogeather ignoraunt. But the meaning ther­of, onely is thus.

Ex. de offi. iudi. ordin. c. inter caetera. CVM CONTINGAT quod Episcopi propter suas corruptiones multiplices, vel inualitudines corporales aut hosti­les incursus, seu occasiones alias (ne dicamus defectum scientiae, quod in eis reprobandum est omninò, nec de cetero tollerandum) per se ipsos non sufficiunt ministrare verbum Dei populo, &c. If the Bishops for some necessary businesse, or bodily infirmitie, or hostile inuasion, or other occasions (we will not say for want of learning, which is to be reprooued in them, and hereafter not to be tollerated) can not by them selues minister the worde of God vnto the people, that then it shall be lawfull for him to chuse some other fitte person to supplie his roome.

A Bishop ought personally to visit his Diocesse, and an Archdeacon his Archdeaconrie, & yet neither of them both, ought to visit by another, vnlesse he be Infirmus vel aliter ligitimè impeditus, quo minus possit personaliter visita­re. Glos. linw. cle. cens. c. 1. verb. rati­onabili. Diseased, or haue some other lawfull impediment, so that he cannot visite in his owne person. And it is con­cluded in the case of residence, that one bound to keep residence, must keepe it by him selfe. Ex. de cleri. non residen. c. conqueranti. Et quis debet residen­tiam facere per se non per alium, & nisi fecerit, potest priuari. Moreouer it is directly forbidden, that the office of preaching, should bee deputed to any other.

The office of preaching may not be deputed to others. CETERVM SALVO, &c. But sauing the Legate of the Apostolicke sea, let it be lawfull to no man, to whom it shal be commaunded to preach the crosse, to excommunicate, or absolue any, hereafter to commit the same thinges to others, because not any iurisdiction, but rather a certaine ministerie, is committed vnto him in this behalfe. All which thinges, are more at large manifested by the last chapter of the former title in Lindwood, where the Priestes are commaunded to be diligent teachers of Gods worde, that they be not accounted dum dogges. The wordes of the Chapiter are these.

PRAESENTIS CONSILII, &c. By the finall determination of this present counsell, we haue straightly inioy­ned, that Parsons and Vicars, labour to informe the people com­mitted vnto them, with the food of Gods worde, according to the measure that shall be inspired vnto them, that they be not wor­thily adiudged dum dogges, seeing that with wholesome barking they chase not away the byting of spirituall Wolues from the Lordes sheepfold. And the reason of this prouinciall is, de­riued from an other decree.

Extra. de offi. iud ord. c. inter caetera. INTER CAETERA, &c. Amongst other thinges belonging to the saluation of Christian people, the foode of the worde of God, is knowen to be most necessarie for them, because that as the bodie with materiall, so the soule with spirituall foode is nourished, for man liueth not by bread onely, but by euery word [Page 25] that proceedeth from the mouth of God. And that this, and the former, might be diligently executed, to meet with the carelesnesse of Pastours in doing their duties, there is a speciall ordinaunce, made for the inquisition of the offendours, here in as followeth.

Iohan: Pec­cham de of­fic. arc [...] DE PVBLICATIONE ARTICVLORVM, &c. Tou­ching the publication to be made of such articles, whereby a man forthwith doth incur sentence of excōmunication, let the Arch­deacons make diligent inquisition, & as often as they shal find the Elders, not to haue preached, or published at the times appointed the moral instruction of the 14. Articles of faith, the 10. cōman­dements of the decaloge, the 2. Commaundements of the Gospell, &c. so often let them rebuke them, and by chastisement, and some canonicall punishment, compell them to supplie that which rashly they haue omitted. Competent knowledge is a know­ledge to preach. Hence may aptly and necessarily be in­ferred, that he may be sayd to haue a competent know­ledge, that hath knowledge to preach; otherwayes not preaching, should not be punishable. And to this ende tendeth that which is wrytten before: namely Exigit ars nostra catholica, &c. Our catholique religion requi­reth, that in one Churche, be one perfect teacher, in knowledge and doctrine. And as the glose in the same place sayth. Glos. ibi. ver scientia. Absit ergo quod sic prefectus sit, vt ad literum di­cere possit illud. Hier. cap. 1. a a a, Dominé Deus nescio loqui, quia puer ego sum. God forbid that he should be so perfect, as that by rote he were able to say, a a a, Lorde God be­holde. I cannot speake because I am a Childe: but this perfection ought to be such, as the glose telleth you in the same place in these wordes.

Glos ibi. ver abs (que) magi­stro. AD MAGISTRVM, &c. To a maister or teacher pertayneth that which is written in the sixt of wisedome. I will bring wisdome into light, and will not keepe backe the truth. And in the same booke, the 7 chapiter. As I myselfe learned vnfayg­nedly, so doe I make other men partakers of hir, and hide hir ri­ches from no man, that that may be verified of him, which is wri­ten in the 28. Iob. He searcheth the depthes of the floudes, that [Page 26] is the secreates of the scriptures: and the thing that is hid, brin­geth he to light. And Rebuff affyrmeth, that Penitus illite­rati dicuntur, qui nesciunt ossicium facere, ad quod tenentur. They are sayde to be altogeather vnlearned, which can­not performe the dutie whereto they are bound. And the glosse vpon the law in the Code sayth, that they be not Deanes, which hasten to be called Deanes, and be not Deanes, when they doe not the office of Deanes. Her maiestie also by her iniunctions hath ratified and cōmauded the same: for as much (sayth shee) as in these latter dayes many haue been made Priestes beeing chil­dren, & otherwise vtterly vnlearned, so that they could read Mattins or Masse: the ordinaries shall not admit any such to any cure, or spirituall function. Wherefore in as much as by these ordinaunces it is euident, that e­uery minister to whome cure of soules is committed, ought not to erre or be ignorant in the word of God, but ought alwayes to attend to reading, to exhortatiō, to preaching, to doctrine, to edification, to be of power in word and deed, to instruct, to informe, and to com­fort, to rebuke, to reforme, and to correct, to expounde the Articles of faith, the tenne Commaundementes, and to teache other holy doctrines, concerning the loue of God, and the loue of our neighbours, to bee able to make others partakers, of the riches of Wise­dome, and to bring wisedome into light, and not to keepe backe the truth: In as much I saye, as by the lawes of our gouernement, the Ministers, of the gos­pell ought to bee indued with such qualities, and beautified with such graces: Let euerye one cease to maintayne anye competencie or conueniencie of learning, to be in our dumbe and vnpreaching Mini­sters: For let them reade and reade till their lippes be tyred, and their eyes blinded, they shall notwith­standing [Page 27] by their bare reading, ordinarilie be no in­strumentes of the holy Ghoste to woorke fayth in the hearers. Nay, they robbe the holy Ghoste of his proper honour and office, whereby he inspireth the preachers of the Gospell, with the spirite of wise­dome in good measure and proportion, to breake vnto the hearers, meete and conuenient foode for their soules. For how shall they call on him, in whome they haue not beleeued? And how shall they beleeue in him, of whom they haue not hearde? And howe shall they heare without a Preacher? And how shall they preach except they be sent? As it is written, How beau­tifull vppon the mountaynes are the feete of him, that declareth and publisheth peace? That declareth good tidinges, and publisheth saluation, saying vnto Syon, thy God raygneth?

And as touching the Idoll ministers them selues. Besides those reasons, there remayne many other ve­rye necessarye for them diligentlye to looke into, that so vnderstandinge their owne desperate estate, they may more willinglye, and duetifully, yeelde them selues to be refourmed, and to shake off those ragges vnder which they now shrowde them selues. They are diligently to hearken vnto the Canon of Gregorie agaynst them. 1. q. 1 c. Si quis ne (que). Si quis neque sanctis pollens mo­ribus, &c. If any, neither adorned with holy maners, neither called by the Cleargie, and people, or constrai­ned by compulsion, thorow loue of his owne heart, or filthie intreatie of his lippes: or for fellowshippe, or seruilitie, or fraudulent reward, and not for gayne of Soules, but puffed with desire of vayne glorye, shall take any Bishopply or priestlie dignitie vpon him & shal not, euen of his own accord leaue the same againe in his life time, but suffer suddain death to take him vnrepentant, without all doubt he shall perishe for euer. Secondly, [Page 28] ordo non solum gratia suscipientis, sed etiam altorum confertur. Glos. in con­stitu. Otho. de scruti. in ordin. ver. ad. An order is not conferred, for his sake onely that ta­keth it, but also for other mens sakes. A minister, is not called to minister to himselfe, but to others, to labour for himselfe, but for others, to be serued himselfe, but to serue others: And the Lorde came not to be fed, but to feede others. Thirdly, Periculosum est ipsi ordinato quia tanquam mercinarius se ingerit, non vt pastor. It is dangerous to him that is rodeyned, because hee rusheth in as an hireling, not as a shepeard. Fourthly. Periculosum est subdi­tis, quibus sacramenta ministrare, & quos curare deberet, ne di­uersimode inficeret eosdem moribus, & exemplo. It is perillous for the people vnder him, to whō he ought to minister the Sacraments, and whom he ought to heale, that hee diuersly infect them not, with his manners, and exam­ples; for that Diluere aliena peccata, non valet is, quem pro­pria deuastant, Hee cannot put away other mens sinnes, whom his owne Sinnes deuour. And againe, Pericuto­sum est decentiae ecclesiae, in scandalo populari. It is dangerous for the Decencie of the Church, to be in any publique slaunder or offence. 83. distinc. nihil. Agayne, Malus praelatus dicitur lupus rapiens praedam. An euil prelate is sayde to be a Wolfe, ra­uening his Praie. 2. q. 7. Qui nec. He is sayde to be Canis impudicus, propter defectum regiminis. A shamelesse dog, for want of gouern­ment. 2. q. 7. Non omnis. He is sayde to be, Coruus, propter peccatorum nigredi­nem. As black as a Rauen, for the foulenes of his sinnes. He is saide to be, Sal infatuatus, ad nihilum proficiens. Vnsa­uory Salt, profitable for nothing. 40. dist. In mandatis. Glos. lind. de offic. Archi­pres. c. fin v. canss. He is sayde to be Por­cus, A Swyne. He is sayde to be, Capo, A Capon, because as a Capon can not Crowe, no more can a dumb Praelate preach. And to conclude, Praelatus, qui in doctrina mutus est, non est verè praelatus, cum officium praelati non exerceat. &c. A Prelate which is mute in teaching, is not in trueth a Prelate, in so much as he exerciseth not the office of a Prelate. These Canons & constitutions not contrariant or repugnant to the lawes, statutes, or customes of this [Page 29] realme, neither derogatory to her hignesse crowne and dignity, [...]d therfore authorized by act of Parliament: ought to haue beene better knowne, and better execu­ted, by our chiefe Prelates, then by the space of these 25. yeares they seeme generally to haue been. But yet besides these former decrees, lawes and ordinaunces, and the seuerall reasons principles and maximes, wher­vpon they were first grounded, there remayneth some­what more behind diligētly to be cōsidered: the which thing the more earnestly euery man shal rightly weigh, the more may he be astonished. A thing don in Israell, at the doing whereof it is a wonder, that the eares of the hearers tingle not, and the very hayre of the heades of the standers by stare not, for feare least the Lorde in his righteous iudgement, should execute his terrible ven­geaunce vpon them. Thus standeth the case, some pasto­rall church, or churches being destitute of a Pastour, or Pastours, to feed the people, a solemne assembly and conuocation of the chiefest of the gouernours of the church must be gathered togeather, and that not in an angle of a poore country Village, but in the chiefest ci­ty of the Diocesse, & that not on a workday, but either on the Lordes day, or on some other of their own festi­uall dayes, and that for no small matters, or to no small purpose, but euen to present and offer vnto the Lorde, an holy sacrifice, and to call vpon his most holy name: To present (I say) vnto the Lord, a present meet and ac­ceptable for his maiestie, euen men meet to serue him in his spirituall warres, and to be Pastours to feede his people with spirituall food of his holy word, men meet to take vppon them the most highest and most noblest callinges, that he hath appointed to the sonnes of men, the office and dignitie of the preaching of his holy gos­pell. This (I say) is the action wherof deliberate conside­ration is to be had, and whereof followeth a discourse, and wherin when all is done (as it is imagined) that can [Page 30] be done, yet in truth there is nothing so, nor so done: they doe but flatter them selues, bleare the [...] of o­thers, and which is most execrable, as it were mock and delude the Lorde to his face. Well then, let vs consi­der what is done herein.

In the time of that vertuous king, Edwarde the sixt, an order and forme was appoynted by act of Parlia­ment, for consecrating Archbishops and bishops, and for the making of Priestes, Deacons, and Ministers: Which statute is reuiued, and the same order and forme approoued, in the eight yeare of hir most excel­lencies raigne. The wordes of the statute are these.

[And that such order and form, for the consecrating of Archbishops and Bishops, and for the making of Priestes, Deacons, and Ministers, as was set foorth in the time of the sayde late King, and authorized by Parliament in the fifth and sixth yeare of the sayde late King, shall stande, and be in full force and effecte, and shall from hence foorth be vsed and obserued, in all places within this Realme, and other the Queenes maiesties dominions and countreis.] The title of the booke is this.

Ordering of Deacons. [The forme and maner of making and consecrating Bishops, Priestes and Deacons.] And first to intreat of Deacons, according to the forme of the booke, you shall vnderstande, that in the order and forme of ma­king Deacons, three thinges principally are to be ob­serued: First, the qualities requisite to be in him that is to be made a Deacon: Secondly, the circumstaunces in making him a Deacon: And thirdly, the proper duetie and office belonging to him, that is made a Deacon. Touching his qualities, they must be such, as were requisite for the same. First, he must be a man of vertuous conuersation, and without cryme: Secondly he must be learned in the Latine tongue: Thirdly, he must be sufficiently instructed in the holy scriptures: [Page 31] Fourthly, he must be a man, meete to exercise his mi­nisterie duely: Fifthly, he must beleeue all the Canoni­call scriptures: Sixthly, he must be diligent in his cal­ling: Seuenthly, he must be inwardly mooued to that office by the holy Ghost. And as touching the cir­cumstaunces. First, he must be called. Secondly tryed. Thirdly examined. Fourthly, he must be twentie one yeares of age at the least: he must be presented by the Archdeacon, or his deputie. Fifthly, he must be made on a Sunday or holy day: Sixthly, he must be made o­penly in the face of the Church, where must be an ex­hortation made, declaring the dutie and office, as well of the Deacons towardes the people, as of the people towardes the Deacons. Lastly, touching the office committed vnto him, it is: First to assist the minister in deuine seruice: Secondly, to reade holy scriptures and Homilies in the congregation: Thirdly, to instruct the youth in the Catechisme. [...]ourthly, to search for the sicke, poore and impotent of the parrish, and to inti­mate their estates, names, and places, to the Curate, that they may be relieued by conuenient almes.

In these two aunsweres and demaundes last specified, are principally contayned two things. First the Mini­ster chargeth himselfe, by a solemne vow, to teache, and instruct the people committed to his charge, with the doctrine of holy scriptures. The Disci­pline of Christ com­maunded by Parliament. Secondly, the Bishop by vertue of the order, and forme appointed by act of Par­liament, bindeth him as well to minister the Discipline of Christ, within his cure, as the doctrine & sacraments of Christe, as the Lorde hath commaunded, and as this realme hath receiued it according to the commande­ments of God. And therefore euery Minister, by vertue of this statute law, may as well admonish, denounce, and excommunicate offendours within his charge, as a By­shop may within his Diocesse, the wordes are copula­tiues, and therfore. Non sufficit alterum, sed oportet vtrum (que) fieri. It is not sufficient to do one, but both. And these wordes before rehearsed. [Will you giue your faithfull diligence, alwayes to Minister the Doctrine and Sacra­mentes, and Discipline of Christe, as the Lorde hath commaunded, and as this Realme hath receyued the same, according to the commandements of God] haue in them two speciall points to be considered: one tou­ching the doctrine and sacraments of Christ: the other concerning the discipline of Christe: out of which two braunches, proceed two other questions. First, whether euery minister, ought not, to exercise the Discipline of Christ, by force of this demaunde and aunswere, as well as the doctrine & sacraments. Secondly, whether these, namely the doctrine, sacramentes, and the discipline be to be ministred simply, as the Lord hath commaunded, or els whether they be to be ministred onely, as this realme hath receiued the same without the commaun­dement of God? For these wordes, [according to the commandements of God] are but Synonima, vnto those which went before [Viz. as the Lord hath commanded] and so signifie both but one thing. To the first his [Page 34] owne promise, to the Byshoppes interrogatorie, binde­eth him as well to minister the Discipline, as the do­ctrine and Sacramentes. To the seconde, if you aun­swere, that the doctrine and Sacramentes, and Disci­pline of Christ, are simplie to be ministred, as the Lorde hath commaunded: then it must needes followe, if this Realme hath receyued the same, according to the commaundement of God, that the law of the Realme, and the Lawe of God commaunde both one thing, and so by both Lawes, the doctrine and Sacramentes and Discipline, are to bee ministred as the Lorde hath commaunded. But if you shall saye, that these thinges are to bee ministred onely, as this Realme hath receyued the same, though not according to the commaundement of God; then these wordes of the Article following, viz. [As this Realme hath receyued the same according to the commaundement of God] conuinceth you of a slaunderous tongue, agaynst the whole state and Churche of God. For hereby you accuse them of great impietie and vngodlinesse, and attaynt them of high Treason, to the Maiestie of God, as though the intent of the whole state, were to haue the Doctrine and Sacramente, and Discipline of Christe, ministred according to the commaundements of God; in case the Lawes of the Realme, had so re­ceyued the same, and not otherwise: And so to haue restrayned the commaundementes of God by the Lawes of the Realme, and so to haue concluded an im­possibilitie, limiting and restrayning the greater by the lesse; and a Lawe most perfecte, by a Lawe vnper­fecte, and not rather the contrarie, to haue restrayned in deede the lesse, by the greater: the Lawes of the Realme, by the commaundementes of God: an vn­perfecte Law; the Lawe of man, by a most perfecte and absolute Lawe, the Lawe of the most Highest, whiche [Page 35] is manifest by a threefolde repetition of the one, as the Discipline of CHRISTE: Secondly as the Lord commaunded: Thirdly, according to the commaun­dement of God: where the Laws of the Realm, are but once onely mentioned. Again, in the ordering of Arch­bishops and Bishops, the Archbishopp demaundeth of the Bishop this question. [Will you maintain & set for­warde, as much as shall lye in you, quietnes peace, and loue, amongest all men, and such as be vnquiet, disobe­bedient, and cryminous, within your Diocesse, correct, and punnishe, according to such authoritie, as yee haue by Gods worde, and as to you shall bee committed by the ordinaunce of this Realme? Doe these wordes, (and as to you shal be committed by the ordinaunce of the Realme) restrayne and lymitte these wordes which went before, to correcte, and to punnishe ac­cording to suche Authoritie, as yee haue by Gods worde.]

Surely, they can haue no such interpretation. For the meaning of these wordes is, that euery Byshoppe shoulde by the ordinauuce of the Realme, haue his of­fice committed vnto him, and once hauing his office so committed vnto him by the ordinaunce of the Realm: then to correcte and punnishe according to suche au­thoritie, as hee hath committed vnto him by Gods worde: and as he is appoynted by the ordinaunce of the Realme to execute. Neyther hath the Bishoppe any authoritie giuen him by these wordes, to correct, or punnishe any, otherwise then the Lawes of GOD permitte him, though the Lawes of the Realme, were not agreeable to the Lawe of GOD. And in like case I conclude, that a minister bounde, as you haue seene before, to minister the Discipline of Christe, ought so too minister the same, as the Lorde hath commaunded, though the Lawes of [Page 36] the realm, shold not haue receiued the same. For no dis­cipline in truth, cā be said to be the discipline of Christ, vnlesse it be in deed ministred, as the Lorde Christ hath commaunded the same should be ministred. And ther­fore, as no bishop may or ought to correct or punish a­ny transgressour, any otherwise then according to the lawes of God: so no minister ought to exercise any dis­cipline, then such as the Lord Christ hath commanded. If it be alleadged, that our discipline vsed in the church of Englande, be in very deede the very same discipline, which the Lorde Christ hath commaunded, (which is vtterly vntrue) as appeareth. First and principally by the word of god. Secondly, by the discourses writtē, be­tweene the learned on that behalfe: Thirdly, by the dis­cipline practized by all the reformed churches: and lastly, by maister Nowell his Catechisme, commaunded generally by the bishop to be taught vnto the youth of the realme in all schooles of their Diocesse: yet not­withstanding, the minister contrary to a vowe made by him at the commaundement of his Ordinarie, appoyn­ted thervnto by lawe, is very iniuriously dealt with, for that he is not permitted to exercise any discipline at al: our Bishops and Archdeacons challenging vnto them­selues a principal prerogatiue, to punish al malefactors, within their seuerall iurisdictions. An other reason, that this statute hath appoynted, as well the discipline of Christ, as the doctrine and sacramentes to be ministred as the Lord commaunded onely, and none otherwyse is this: namely, for that this statute was made, to re­fourme as well the disordered discipline vsed in the time of popery, amongst the popish idolatrous Priestes: as it was to reprooue their false doctrine and propha­nation of the sacraments: so that neither the one, nei­ther the other, should be ministred by the ministers of the Gospell; for otherwise, this branch of the statute, should ordayne nothing, & so contrary to the nature of [Page 37] a Law, be Lex absurda, an absurd Law. And therfore, what open wrong & intollerable iniury is offered the Saintes of God, & loyal subiects to her Maiestie, calling for dis­cipline, at the cheefe Prelates handes, commaunded by the Lord, and in trueth established by the Lawes of her highnesse Empire: euery indifferent man, may easily dis­cerne. It followeth in the Booke of making of Mini­sters.

In the end when hee layeth on his handes, he sayth to euery one: Be thou a faithfull Dispenser of the worde of God, and of his holy Sacraments. And againe, Take thou authority to preach the word of god, and to mini­ster the holy Sacramentes. Which action and Speeches of the Bishop, are to bee well wayed, and considered. The words which the Byshop pronounceth: [Be thou a Faithful dispēser] &c. [Take thou authority to preach] are wordes appoynted him by the whole State to bee pronounced: What? was it trowe you, the meaning of all the States and Nobles of the Realme? or was it our most excellent Soueraigne, the Queenes Highnesse her pleasure, to haue enacted by Parliament, that a Byshop [Page 38] should commaund an Apothecarie not exercised at all in holy scriptures, and altogeather vnable to teache, to bee notwithstanding a faythfull dispensor of the worde of God, and to take authoritie to preache: No, no, they verie well knew, that the outward sound of the bishoppes wordes, in the eares of such a man, coulde not worke any inwarde grace, or giue any in­warde vertue, to the perfourmaunce of so high a cal­ling, or of so holy a function. And therefore as it be­commeth a true and loyall subiect, I dare not for my part, so dishonourablye conceyue of their wise­domes, much lesse, I take it, shoulde the Bishop so dis­loyallye abuse their credite and authoritie. Was their intente and purpose trowe you, that the bi­shop by these his demaundes, and the minister by these his aunsweres, shoulde not bynde the minister him selfe, to perfourme by him selfe this duetie to preach, but that the same should be done by a thirde personne? I trowe no. For my maisters and Doctors of the Canon and Ciuile Lawe, Burgesses in the house of Parliament know, Institu. de invtili. stipu. § si quis. that Promssio facti alieni mu­tilis est, & quod si testator iusserit aliquem in certum locum abire, vel liberalibus studiis imbui, vel domum suis manibus extruere vel pingere, vel vxorem ducere, per alium id facere non potest, quia haec omnia testatoris voluntas in ip­sius solius persona intelligitur conclusisse. A promise made of an other mans fact, is vnprofitable, and that if a Testator shall will any to goe to a certayne place, or to be furnished with the liberall Sciences, or to buylde an house, or to paynt a Table with his owne handes, or to marry a Wyfe: that he can not doe any of these thinges by an other man, because the will of the Te­stator hath concluded all these thinges onely in his owne person. Was their meaning that the bishop pronouncing these wordes. [Be thou a dispensor] was their meaning, I saye, by those wordes, to haue the [Page 39] bishop committe the office of reading Homilies to a minister, or to iudge reading of Homilies to be prea­ching? No, no: Their proceedinges appeare to bee of greater wisedome, knowledge, iudgement, discre­tion, and Godlinesse. They appoynted, by the same their consultation, three kindes of offices to bee in the Church: Deacons, Ministers, and Bishoppes, ap­poynting seuerally, to euery officer his seuerall due­tyes, and hath expresly appoynted reading Homilies, to bee the office of a Deacon. For in the orde­ring of Deacons, the Bishoppe, by vertue of the Sta­tute, pronounceth these wordes vnto the Deacon. [It pertayneth to the office of a Deacon in the church, where he shall be appoynted, to assiste the Priest in deuine seruice, and speciallye when hee ministereth the holye Communion, and to helpe him in the di­stribution thereof, and to reade holye scriptures, and Homilies in the congregation,] &c. I take it, and holde it for a principle, that the Bishop hath no authoritie, by his Lordship, to alter or transforme an Act of Parliament, and therefore I take it, that I maye safelye conclude, without offence to his Lordshippe, that he can not by lawe appoynt anye minister, to reade anye Homilies in anye Church, Statute lawe is Stricti Iuris, and maye not be exten­ded.

What will you then by lawe positiue, barre reading of Homilies in the Churche? No. But I woulde haue the Lawe, positiue obserued, and so barre rea­ding of Homilies from a Minister, because the Lawe positiue, hath appoynted that office to a Deacon. For it is not lawefull, for one priuate man, and fellowe seruaunt, to transpose from his fellowe ser­uaunt, an office committed vnto him by publike au­thoritie.

And it is verily to be thought, the bishop him selfe, will challenge as much vnto him selfe by this statute from the minister; and plainly tell him, that by this statute, he alone hath authoritie, to make Deacons, and ministers, and to gouerne them, and that therefore, it beseemeth not a minister, to be ordered otherwise, then according to the forme of the booke, & no otherwise to preach, then as he shall be licensed therevnto, by him the Bi­shop. As touching the iniunctions, the aduertisments, and the articles of religion, wherein mention is made sometimes: that Parsons, Vicars, and Curates; somtimes that the minister shall reade Homilies, they may easely be reconciled by this statute. For the iniunctions set foorth primo Elizabeth, the aduertisementes and articles set foorth septimo Elizabeth, and this statute, being made 8. Elizabeth, and so since, doth bounde, and limit the meaning of the iniunctions and aduertisementes. For whereas before, the names were vsed in them confused­ly; this statute, doth aptly distinguish them, applying properly euery proper office, to his proper officer, and bringing those names before recited, vnto two principal heades. For though there be parsons, Vicars, Curates & ministers generally in the Church, of whom mention is made in the iniunctions, articles, and aduertisementes: Yet these, and euery one of these, must by this statute, be either a Deacon or a minister specially. And beeing a Deacon, he ought to execute the office of a Deacon, and being a minister, the office of a minister by this sta­tute: and so a Deacon if he be a Parson, vicar, or Curate, he must execute the office of a Deacon onely; that is, he must read the scriptures and Homilies by this statute. Likewise, a minister if he be a Parson, Vicar, or Curate, he must minister the doctrine and sacraments, and dis­cipline of Christ: he must be a dispensor of the word of God; and he must preach onely, and yet in saying that he must preach onely, I do not exclude him from doing [Page 41] those other dutyes, Sine quibus illud fieri non potest. With­out the which he cānot preach, as frō reading the scrip­tures, and praying with the people: but I exclude him from those thinges onely, which are not incident to his office, as from reading of Homilies: for he may preach, and neuer read Homilies: but he can not preach pro­fitablie, vnlesse he reade the scriptures and vse prayer. What will you then by law positiue barre all ministers, that be Parsons, Vicars, or Curates, and yet can not preach, from reading Homilies? I aunswere, that whe­ther they can preach or can not preach. Currat lex, Let the law runne, and let him that hath defiled his handes by lay­ing them vppon such a one, contrary to the commaundement of the Lorde, and contrary to the lawes of his gouernour vnder whom he liueth, and by whom he hath his preferment, holde vp his guyltie handes vnto the Lorde; for mercy in the day of the Lord, and fall downe before hir highnesse for hir gratious pardon, in so abusing hir highnesse lawes. And to the ende, you may see more apparauntly, these two offices, by the lawe it selfe, to be thus distinguished, I haue set downe the Bi. wordes pronounced by vertue of the statute vnto the ministers, as followeth. [You haue hearde brethren, as well in your priuate examination, as in the exhortati­on, and in the holy lessons taken out of the Gospell, & out of the wrytinges of the Apostles, of what dignitie, and of how great importaunce this office is, whervnto yee be called: and moreouer, exhort you in the name of our Lord Iesus Christ, to haue in remembraunce in­to how high a dignitie, and to how chargeable an of­fice yee be called: that is to saye, to be the messengers, the watchmen, the Pastours, and the stewardes of the Lorde, to teach, to premonish, to feede, and prouide for the Lordes familie, to seeke for Christ his sheepe, that be dispersed abroade, and for his children which be in the middest of this nuaghty worlde, to be saued tho­row Christ for euer: haue alwayes therefore printed in [Page 42] your remembraunce, how great a treasury is commit­ted to your charge, for they be the sheepe of Christe, which he bought with his death, and for whom he shed his bloud: the Church and congregation whom you must serue, is his spouse and his body, and if ye shall see the same Church or any member thereof, to take anye hurt or hinderauuce, by reason of your negligence; yee know the greatnesse of your faulte, and also of the horrible punnishment which will ensue. Wherefore consider with your selues, the ende of your ministerie towardes the children of GOD, towarde the spouse and bodie of Christe, and see that yee neuer cease your labour, your care and diligence, vntill you haue done all that lyeth in you, according to your bounden duetie, to bring all such as are, or shall bee committed to your charge, vnto that agreement in faith and knowledge of GOD, and to that ripenesse and per­fectnesse of age in Christe, that there be no place left among them, either for errour in religion, or for vi­ciousnesse in life. As here you see the whole summe of the office of a Minister recited by Act of Parliament, and pronounced by the Bishoppe: So in the whole action of ordering Ministers both the bishops inter­rogatories, and the parties aunsweres, and all tende to admonishe the Minister still of his duetie, in teaching and instructyng the people, and in preaching. Where the whole action of ordering Deacons, tendeth to ad­monishe the Deacon of his office in reading: As thus. [Will you diligently reade the same vnto the people as­sembled in the Church, where you shall be appoynted to serue.]

And againe. [It pertaineth to the office of a Deacon to read holy scriptures and Homilies in the congrega­tion. [Page 43] And againe, [take thou authoritie to execute the office of a Deacon in the Churche of God, and take thou authoritie to reade the Gospell in the Church of God.] And thē one of them appoynted by the Bishop, shall reade the Gospell of that day. And no doubt the whole house of Parliament, had a singular care to haue these offices distinguished by their lawe, euen as they are distinguished by the lawe of Christe him felfe, as appeareth both by the places of scripture, appoynted by the statute to be reade for euery office: And also by appoynting the prouision for the poore vnto the Dea­cons. And furthermore, it is his office, sayth the bi­shop by the same statute, where prouision is so made, to search for the sicke, poore, and impotent people of the parrishe, and to intimate their estates, names, and pla­ces where they dwell to the Curate, that by his exhor­tation they be relieued by the parrishe, or other con­uenient almose. And therefore I conclude againe, that the Bishop can no more appoynt the office of prouisi­on for the poore vnto a Minister, then he can change or alter an Act of Paliament: And therfore, that he can no more commaunde a minister to reade Homilies, then hee can commaunde him to make prouision for the poore. For as touching these wordes towarde the latter ende of this action. [Take authoritie to preache where thou shalt be appoynted]: Whereby they take holde, no otherwise to suffer them to preach, then as they shalbe licensed afterward by wryting, hath neither head nor tayle. They make, by their fauoura­ble patience, a construction thereof, without all ryme or reason. They expounde (Where) which is a worde signifying place, and referred to a place, for (When) which is a worde importing time. But had this worde (When) beene placed insteed of (Where) they might perhaps, haue had some cloak for the raine, for so the worde (When) and the word (Shalt) might [Page 44] both haue had relation to the time to come. And yet notwithstanding, this kind of speach, would haue been but a harshe kinde of speach: namely, to saye; [Take thou authoritie to preache, when thou shalte haue authoritie to preach] couplinge the present tense with the future tense, the time present, with the time to come, applying that to them selues but men, which is onely proper and peculiar to the holy Ghost: vsing the future tense, and the time to come, for the certaintie of the euent thereof, instead of the present tense, and the time present: But these wordes [take thou authoritie to preache the worde to the congregation, in the place where thou shalt be appointed] is a very proper kinde of speach, and the wordes them selues, carrie with them a naturall sence: As if the statute should haue precisely and absolutely sayd thus: In what place soeuer, thou shalt hereafter be appoynted to execute the office of a minister, thou hast now authority giuen thee to preach. For in case this were not the naturall meaning of the statute, they might well forbid the minister to admini­ster the Sacramentes, without speciall licence in wry­ting, or not to pray, or not to fast, or not to say seruice, or not to bury the dead, & such like. But there is more to serue their turnes, and to helpe their cause in the law Canō, & in the iniunctions, the law Canon being thus.

Ex. de heret. c. excom § Quia vero. QVIA VERO NON NVLLI, &c. But because some vnder the colour of Godlines, denying (as the Apostle saith) the power thereof, challenge vnto them selues authoritie to preach, whereas the Apostle sayth. How shall they preach, vnlesse they be sent, all they which are forbidden, or not sent, shall (be­sides authoritie giuen vnto them, either from the Apostolike sea, or the Catholike Bishop af the place) publikely, or priuately pre­sume to vsurpe the office of preaching, let them be excommuni­cated, and vnlesse they speedelye repent, let them be punished, with some other competent paine.

The iniunction beeing this. [Item that they, the per­sons [Page 45] aboue rehearsed, shall preach in their owne per­sons once in euery quar [...]er of the yeare at the least, one sermon, beeing licensed specially therevnto.] Wherevn­to I aunswere, that this decree and this iniunction re­quiring speciall lisences to preach: And the Bishop by vertue of the foresayde statute, giuing authoritie to preach, can not iarre much; and that one little wrest, wil set them in tune, their oddes is so small. If I saye vnto one, by worde of mouth, Syr, take here the key of the gate of my pasture, where my Grey ambling Gelding runneth, opē the gate, bring him out, take him to your owne vse: I giue him you franckly, hath he not as good a title and interest to my horse, as if I had made him a bill of sale, vnder my hande and seale? And hath not the minister likewise, as well a speciall license, from a Bi­shop to preach, that is willed openly in the presence of God, men and Angels: as he, that hath a special licence giuen him alone in a corner: the one is pronounced, so­lemnly in the middest of the congregation: the other is done secreatly, by a goose quill. Moreouer, neither doth the foresayde Canon, neither yet the Iniunction, require a special licence in wryting, to the ende, that the minister shoulde haue power thereby onely to preache. For so shoulde you take away the forme and order, ap­poynted by act of Parliament, whereby authoritie is gi­uen to a minister to preach, and commit the making of a minister to the Bishop, without a congregation. But the ende, why a speciall licence, ought to be had, is not so much, for the partie him selfe to preach within his owne cure, as for them, that shall admit him to preach out of his owne cure: And that appeareth manifestly by the eight Article of the iniunctions. The wordes are these. [Also that they shall admit no man within a­ny their cures, but such as shall appeare vnto them to be sufficiently licensed therevnto, &c.] And in the ende of this Iniunction, it is expresly permitted, to euery mi­nister, [Page 46] to preach within his owne cure, though he be not specially licensed therevnto. The wordes are these: [And that no other be suffred, to preach out of his own cure or parrish, then such, as shal be licensed, as is before expressed] therfore, a minister to preach within his own cure, yea thogh he haue no licence, is commaunded. In the time of Henry the 4. at what time Wyckliffe prea­ched the Gospel, the very same lawes were established against him and his brethren, to staye the course of the Gospell and yet were neuer any forbidden to preach in their owne parrishes, as appeareth by that, that follow­eth [Let no man within this Realme, or other the kings Dominions, presume or take vpon him to preach priui­ly or apertly, without speciall licence, firste obtayned of the ordinarie of the same place, Curates in their owne parrish churches, and persons heretofore priuiledged, & others admitted by the Canon law only excepted. And that no maner of person, seculer, or reguler, beeing au­thorized to preach by the lawes now prescribed, or ly­censed by special priuiledge, shall take vpon him the of­fice of preaching the worde of God, or by any meanes preach vnto the clargy or layety, either in the church or without, in Latine or english, except he first present him selfe & be examined of the Ordinary of the place where he preacheth: And so being found a fit person, as wel in maners, as in knowleg, he shalbe sent by the said ordina­ry to some one church or more as shalbe thoght expedi ent by the said ordinary according to the qualitie of the person. Nor any persō aforesaid, shal presume to preach, except first he giue faithfull signification in due forme of his sending, and authoritie: that is, that he that is au­thorized, do come in forme appointed him in that be­halfe, and those that affirme they come by speciall pri­uiledge, do shew their priuiledge vnto the parson or Vi­car of the place where they preach. And those that pre­tend thēselues to be sent by the Ordinary of the place, shal likewise shew the ordinaries letters, made vnto him [Page 47] for that purpose vnder his great Seal. Let vs alwaies vn­derstande, the Curate hauing perpetuitie to be sent of right to the people of his own cure. Furthermore no clergy mā, or Perochiās of any parish or place, within our prouince of Canterb. shal admit any mā to preach with in the churches, churchyardes, or other places whatsoe­uer, except ther be first manifest knowledg had of his authority, priuiledge, or sending thither, according to the order aforesayde. Touching the first protestation to be made, promised & subscribed, by thē that shal hereafter be admitted to any office, roome or cure in any church, or other place ecclesiastical, contained in these words in the booke of aduertisements. In primis I shal not preach or publikly interpret, but onely read that which is ap­pointed by publike authority, without special licēce of the Bi. vnder his Seal, though hir Maiest. most excellent name, be vsed by the publishers of the saide aduertise­mēts for confirmation of thē, & that they affirme hir M. to haue cōmanded them therevnto by hir highnes Let­ters, yet because the book it selfe, cōmeth forth without hir M. priuiledge, & is not printed by hir M. printer, nor any in his name, therfore, it carrieth no such credit and authority with it, as whervnto hir M. subiects ar necessa­rily bound to subscribe, hauing other laws, & other In­iunctiōs vnder hir M. name, & authorized by hir M. pri­uiledge, cōtrary to the same. For hir M. by hir Iniuncti­ons cōmādeth euery minister to preach within his own cure without licence, as before you haue hard. But let vs go forwarde. It hath bin shewed before, that euery one, to be made a Deacon, or a minister, ought to be called, tried, examined, known to haue such qualites, as were requisite, & that mentiō also hath bin made of the face of a church, of the latine tong, & of many other circūstan­ces, necessary to that actiō: al which things set down ra­ther generally, thē particularly described, require a lar­ger discourse. Panormitan, & the Doctors, vpon the ciuile and Canonicall law, haue these conclusions.

Ex. n. ca. di­ctus de con­suetu. nu. 2 [...]. Statuta debent interpretari secundum [...] commune siuè debent interpretationem recipere à iure communi, & statuti verba du­bia, debent interpretari, vt minus ledat ius commune quàm sit possibile. Statutes ought to be interpreted, according to common law, or statutes ought to receiue their inter­pretation from common law, and doubtfull wordes of a statute, ought to be so construed, that they be as little preiudiciall, to the common law, as is possible. Out of which conclusions, I collect this rule: Namely, that where a statute shall establish an office, practized and had in vse before the making of the statute, and shal re­quire a calling, a triall, an examination, and qualities in an officer, meete to execute that office, and shall not specifie and declare any particular kinde of calling, of tryall, of examination, and such qualities, &c. That then such maner of calling, of tryall, of examination, & such qualities, are requyred by that statute to be in such an officer, as by common right were requisite for such an officer before the making of that statute. And because by the viewe of the former order it selfe, it is very ap­parant that the same forme and order was appoynted, by men very desirous to promote, as much as in them lay, the honour and glory of God, and to abolish all su­perstitions and trumperies brought into his Church: Therefore because I ought by dutie, to conceiue their meaning to the best, and most agreeable to their pro­fession: I say, that they ment herein, onely such calling, such triall, such examination, and such qualities, as are requisite to be in a Deacon, and in a minister by the lawe of God. Which is euident both by the order of prayer vsed at the time of their orderinges, and also by the scripture read for that purpose. The prayer follow­eth. [Almighty God, which by thy diuine prouidence hast appoynted diuers orders of ministers in the Church, and diddest inspire thine holye Apostles, to choose vnto this order of Deacons, the first martyr S. [Page 52] Steuen with other; mercifully beholde these thy ser­uauntes, nowe called to the like office and administra­tion: replenish them so with the trueth of thy doctrine, and innocencie of life, that both by worde and good example, they may faythfully serue thee in this office, to the glorie of thy Name, and profite of the Congre­gation, thorowe the merits of our Sauiour Iesus Christ, who liueth and raigneth with thee and the holy Ghost, now and euer, Amen.

After this prayer, followeth the Epistle out of Timo­thie. Likewise, must the Ministers be honest, not double tonged, not giuen to much wine, neyther greedie of fil­thie lucre, but holding the Misterie of the fayth with a true conscience. And let them first be prooued, and let them Minister so that no man bee able to reprooue them. Euen so must their wiues be honest, not euil spe­kers, but sober and faithfull in all things. Let the dea­cons be the husbands of one wife, and such as rule their children well, and their owne houshouldes. For they that minister well, get them selues a good degree, and a great libertie in the faith, which is in Iesu Christ. &c. or else this out of the 6. of the Acts.

Then the twelue, called the multitude of the Disci­ples together, and sayde, It is not meete, that wee shoulde leaue the worde of GOD and serue tables: wherefore brethren, looke yee out among you seuen men of honest report, and full of the holy Ghoste and wisedome, to whome wee may commit this businesse, but wee will giue our selues to continuall prayer, and to the administration of the worde. And that saying pleased the whole multitude, and they chose Steuen, a man full of fayth, and full of the holy Ghost, and Phi­lip, and Procorus, and Nicanor, and Timon, and Par­menas, & Nicolas a conuert of Antioch. These they set before the Apostles, and when they had prayed, they laide their hands on them, &c.

These prayers, and these places of scripture appoyn­ted by the whole consent of the Realme, to be made & read at the time of making Deacons & ministers, most strongly prooue, that their intent and purpose was, to haue such men placed in the office of Deacons, and mi­nisters, as whom the holy scriptures hath commaun­ded should be placed, & as they pray might be placed. But suppose that they, being not so faithful to the lord, as were expedient for them, account not the Lordes wayes to be the best wayes, his councels not to be the wisest counsels, to interpret the meaning of the statute, because they are such wayes, as wherein the Lordes ser­uants applie them selues precisely to walke, & therfore ignominiously are termed Precisians: Suppose this I say, yea and suppose that they haue preferred their own inuentions, and set the consultations of the grauest Se­natours, and wisest counsellours, and chiefest rulers of the lande behinde their backes: yet if reason might haue ruled them, and their will might haue beene no lawe, there was and is an other maner of calling, of tri­all, of examination, other qualities, an other face of the church, an other Latine tongue, by other positiue lawes required, which as (partly by sequell of their procee­dinges, and partly by their owne recordes appeareth) was neuer or very seldome vsed by any of them. The maner of calling ought to haue beene thus.

The maner of calling. QVANDO EPISCOPVS, &c. When the Bishop is disposed to make an ordination, all they which will come to the holy ministery, the fourth day before the ordination, are to be cal­led to the Citie, togeather with the Elders, which ought to present thē. And this kind of calling, is a solemne publishing the bishops purposes, either by some processe openly fixed vpon the doores of the Cathedrall Church, or proclay­med [Page 54] Voce Preconis, by the voyce of an Apparitor, to make the Byshops intent knowen, that happely such a day he will make Deacons or ministers, and therefore citeth such to be present, as will offer themselues, meet men for that seruice. Which maner of calling, is brief­ly also commaunded, by order and forme of the booke of ordayning ministers. First, when the day appoyn­ted by the Bishop, is come, &c. Fol. 2. p. 2. 27. Article. And in the Articles of religion, the selfe same is expressed. It is not lawfull for any man to take vppon him the office of publike preaching, or ministring the Sacramentes in the con­gregation, before he be lawfully called, and sent to ex­ecute the same. In the title. Articles for certaine or­ders in ec­clesiasticall pollicie. In the aduertisementes likewise, you haue these wordes. First against the day of giuing or­ders appoynted, the bishop shall giue open monitions to all men, to except against such as they know not to be worthy, either for life or conuersation. The maner of tryall followeth, and ought to be after this sort.

The maner of tryall. ET TVNC EPISCOPVS, &c. And then the bishop ought to choose him ministers, and other men skilfull of the law of God, exercised in Ecclesiasticall functions, who first of all, ought dili­gently to enquire out the life of them that are to be ordayned, their kindred, their Countrey, their age, their bringing vp, the place where they were borne, whether they be learned, whether instructed in the lawe of God, whether they firmely holde the catholike faith, & in plaine wordes can vtter the same: and they to whom this charge is committed, ought to take heed, that they do not for fauour, or for desire of reward, decline from the truth, to present any to the handes of the B. either vnworthily, or not meet to take holy orders. And therfore let them continually three dayes together be examined, & so on the sabboth in the which they are approoued, let them be presented vnto the B. Constitu. Otho Sacer. Out of the con­stitutions of Otho, I haue before cited this decree fol­lowing, which may aptly be repeted againe, to prooue the hauing of a scrutine to be necessary before the ma­king of ministers, as it was there to prooue what quali­ties [Page 55] were requisite in them. Quare cum ninus periculosum sit, &c. Considering that it is a thing very perrillous, to ordayne men vnworthy, Idiotes, illegitimate, irreguler, persons vnlearned, persons vagrant, and such as haue not any certaine or true title: in deed we ordaine, that before the conferring of orders, diligent inquisition and search be made by the Bishop of all these thinges. And the glose vpō the word ante. Est ergo necessarium, &c. It is therefore necessary, that this scrutynie of the examināts, pre­ceed the conferring of orders, euen as the commandement of the father, or master, must necessarily preuent the taking of an inhe­ritance by the sonne, or by the seruant, and this must be so done for the irreuocable preiudice that otherwise might happen. And be­cause this collation hangeth on the disposition of law, any prepo­steration contrary to the order appointed by law, shall annihilate the whole act. Againe, an other glose hath these wordes. Ordinandi ita sunt, subtiliter examinandi, & inquirendum est, de natione in qua nati sunt, an sint de illa diocesi, an legitimè nati, an bouae famae. Glos. in cap. constitutus ver. ordinan dos ex: de purgacione cap. Men to be ordayned, are narrowly to be exa­mined, and there must inquirie be made, what country men they are, whether they be of the same Diocesse, whether they be legitimate, whether they be of good fame. Quia in nullo debet eorum opinio vacillare, Because their credit ought not to be shaken in anie case. Distinct. 33. Laici. And the Pope in that Chapiter reprehending the curiositie of the Bishop, vnto whom he wryteth, for too too nar­rowly inquiring after the maners of certaine compur­gatours. Vtinam (sayth he) sic discuteres ordinandos. I wish thou wouldest make such inquisition of those, whome thou preferrest to holy orders. An other reason, why a minister should be tryed, is because he must be learned: Glos. de elec le. 6. cap. si forte. ver. scientiae. but qualitas extrinseca, vt literatura nō presumitur, nisi probetur An outward qualitie, as learning, is not presumed to be in a man, vnles it be so prooued, & therfore, he is to be examined vppon the same. ff. De ritu: nup. l. qui li­beros. Et vbi dare volo filiam meam, id est, ecclesiam in sponsam, debeo inquirere de dignitate sponsi; ratio, quia eligens tenetur inuenire condicionom debitam filio. [Page 53] Extrauag. com. c. ad cuiuslibet de prebend. & dig. And where I minde to giue my Daughter, that is to say, a Church to be a Bryde, I ought to enquire of the wor­thines of the Brydegrome, viz. af the prelate, the Bryde­grome of the Church: and the reason is, for that euery Father choosing an hushand for his daughter, is bound by law, to choose one of condition meet for his daugh­ter. The tryal of ministers. In forme and maner of ordering Deacons, by the booke of Edwarde the sixth, a certaine triall is likewise commaunded, the Bishop vsing these wordes to the Archdeacon. [Take heede that the Persons whome yee present vnto vs, be apt, and meete, for their learning, & Godly conuersation, to exercise their ministerie duely, to the honour of God, and edifying of his Church]. This maner of tryall can not better appeare, then by a comparison to the proceedinges and Commence­mentes in Oxenforde, or Cambridge, familiarlie kno­wen to schoolemen in both Vniuersities. Whosoeuer is to take any degree in schoole, either Bacheler, Maister, or Doctor, in any facultie, he must firste set vppon the schoole doores, his questions where in he is to answere: He must publikely aunswere to euery one that will op­pose him: he must afterwarde in the Vniuersitie church, submit him selfe priuately, to the examination of euery one of that degree, wherevnto he desireth to be pro­moted: He must afterwardes be brought by his presen­ter into the congregation house, to the iudgement and tryall of the whole house, and if he shall there haue a sufficient number of his superiours voyces allowing his maners, and pleased with his learning, he is then pre­sented, by one of the house to the vicechancellour, and Proctors, and by them as Iudges in the name of the whole house, admitted to his degree. The examination whereof, mention is made in the booke of king Ed­warde the sixth, somewhat varieth from this kinde of tryall, and consisteth in the interrogatories betweene the Bishop demaunding, and the partie aunswering. [Page 57] For sayth the bishop. [Doe you thinke, &c. Do you vn­faynely beleeue, &c. Will you apply, &c.] Fol. 7. p. r. And the par­tie aunswereth, I thinke so: I doe beleeue: I will, &c. For sayth the booke, then shall the bishop examine e­uery one of them that are to be ordayned in the pre­sence of the people, after this maner following. [Do yee trust, &c. Do yee beleeue, &c.] There is also required by the booke, that the bishop shoulde haue knowledge of the partie, to be made a Deacon or minister. Which knowledge, euery man will gesse should not be a bare view, or externall sight of the comelines, and proporti­on of his bodily shape and personage, but a sure and stedfast iudgement, grounded vpon substantial proofes, of the vertues and ornamentes of his minde: and the same also shoulde be a farre more exquisite knowledge, then onely to know the man to be an honest man, be­cause the booke requireth him also, to be an apt and meete man, to execute his ministerie duelie, for which, one amongest euen the meanest of vs all, hauing vppon a suddaine, espied one like an honest man, yea, or one happely commended vnto vs to be a right honest man in deede, which one (I say) of vs, would foorthwith fa­miliarly greete this man, clap his hands vpon his head, and liberally entertaine him, to teach his sonnes Demo­sthenes in Greeke, or Cicero in Latine, the partie him selfe beeing such a one as neuer had learned the Greeke Al­phabet, or the Latine Grammar? would we not be thus circumspect trow you, as to try his cunning, ere we tru­sted his honesty in this case? With what qualities, such as are to be made ministers, or Deacons, ought to be adorned, hath beene already sufficiently declared, out of the lawes positiue in force. And now what is to be vnderstoode by the face of the Church, whereof men­tion also is made in the sayde booke, that that follow­eth may sufficiently instruct vs. Distinct. 24. c. quando. The Canon law tou­ching this poynt sayth thus. Alias autem, &c, But other­wise, [Page 58] Let not a B. presume to ordayne any, without the councel of the Cleargie, & the testimony of the people. 70. Distinct. c. ordinati­ones. Againe, see that solemly, at a cōuenient time, and in the presence of many standers by, you make ordinatiō both of Elders & Leuites: And agayne. The other priestes, let thē be ordained of their own B. so that the citizens and other priestes giue their assent, and so likewise must the Deacons be ordained. 24. Distinct. c. Episcopus. And againe: Let not a B. ordayne any Clearks without the aduise of his Cleargy, & so to, that he seek the allowaunce & good liking of the Citi­zens. And againe: let the requestes of the Citizēs, the te­stimony of the people: the iudgment of the honorable: the election of Clearkes, be had in the ordination of Clearks. And note that these texts & many other mo do al affirme, that elections & ordinatiōs must be made by Citizens, & Priestes or Clearkes in the Plural number, & not by one Citizen or one Priest in the singular nūber, Neither are these decrees to be vnderstood of the chief Priest of euery Diocesse alone, but are verified of euery Priest thorough out the countrey, as appeareth by the Canon following. Distinct. 64. c. Si forte. Sed nec ille deinceps sacerdos erit, quem nec clerus nec populus propriae ciuitatis eligit. But he shalbe no priest hencefoorth, whō neither Cleargie nor people of his owne proper citie hath elected. Wherevnto also the ciuill law accordeth. Authen. de sanct. Epis § clericos col­la nona. Si vero, &c. But if holy rules shall pro­hibite such as be chosen by them, as men vnworthy, then let the most holy B. procure to ordayne whomsoeuer he shal thinke best. A bishop alone, may then ordaine sayth this lawe, when the people & cleargy haue chosen vnworthy mē: it saith not that he may alwaies ordaine alone without contra­diction, or that the people & Cleargy haue no interest in the actiō. But this, law only prouideth in this case a remedy, to supply the negligence of those vnto whō the election appertaineth, if they shall do otherwise therein then becōmeth them. And to make this matter, whereof we entreat, more plaine & euident, euen by the statutes & ordinances of the realme, the choyce & ordination of [Page 59] a minister, is not apropried to the B. alone. First by the statu. 25. H. 8. these lawe, Canons, & decrees before spe­cified, being then in force, in as much, as they be neither contrariant, nor repugnant to the lawes & customes of the realm, nor derogatorie to the Queenes prerogatiue royall, are confirmed, ratifyed, and in force now. Yea because they are agreable to the lawes and customes of the realme, and maintaine her prerogatiue royall, as af­terwardes shall be declared, they ought now to be exe­cuted. Secondly by a statute made 21. of H. the 8. cap. 13. It is enacted. that a Bi. may haue 6. Chaplaines, be­cause six ministers at the least, ought to be present whē the Bi. giueth orders: Thirdly in the booke of making priestes, &c. are these wordes: there shall be an exhor­tation vnto the people, declaring how the people ought to esteem them (meaning the ministers) in their vocati­on. And these wordes: the B. shall say vnto the people. Brethren if there be any, &c. And these wordes the bi. commending such to the prayers of the congregation, with the Cleargy and people present shal say, &c. Then shal the B. examine euery one of them that are to be or­dered in the presence of the people. By which words & branches of the book, it is euident, that, that people, o­uer whom the minister is to be placed, ought especially to be present. For what profit can a people, dwelling at Yorke reape, by exhortation of the preacher vnto loue & obedience of their minister, whē their minister shalbe made at London? Her highnes, the nobilitie and fathers of the land, were of more wisdom & vnderstan­ding I am sure, then to imagine, that a people dwelling at Carlyle, coulde be taught or instructed by a sermon made at Exeter. And by the former decrees wherin mē ­tion is made of people & citizens, the same people and citizens (if we will know what citizens be properly) are not taken for the Quiristers, the Singers, the Organ players, the Canons, the Archdeacon of the Cathedrall [Page 60] Church (for all these by the Canon law beare the names of Clearkes) neither are the bishops seruauntes, taken in these Canons, for Citizens, because Citizens, by these rules, must giue their consentes, and as hauing a princi­pall interest in the action, must not onely be eye wit­nesse, and eare witnesses to the bishops vpright dea­ling, but also must be agents and cohelpers themselues. But serui and domestici in re non domestica. Seruauntes, and folke domesticall, in a thing not domesticall, are not a­lowed fit witnesses, neither haue seruantes, as seruants, anye interest: And therefore Citizens in these former Canons are Citizens, Et re, & nomine, Citizens in deede, and in name. And as I prooued before out of the sta­tute of the land, thatas the people of the place, destitut of a Pastour must be present, and giue their consent at the choyce of their minister, so is the same also stably­shed by Canō law, & cōfirmed by act of Parliament. Glos. in c. 1. de reb. eccle. non alienand ver. tractatus lib. 6. For this worde consensus, siue collaudatio, consent or approba­tiō described to be multorum voluntas, ad quos res pertinet simul iniuncta: The will of many; vnto whom, the matter appertayneth, ioyntly linked togeather, prooueth that not onely Citizens in deed, but also, that Citizens of the place, where the partie should afterwardes serue as a minister, ought to giue their consent and allowance, to the making him a minister, because the matter of hauing a minister, appertayneth properly vnto none o­ther, but chiefly and altogeather concerneth them. And therefore the law willeth, Vt quod omnes tangit, ab omnibus approbetur. That, that be allowed of all, which toucheth all. Bishops Ca­nons fol 5. Whereat our bishops them selues, in their Englishe Canons of Discipline, haue aymed, and wherevnto in wordes they haue agreed. The bishop shal lay his hands on none, (say they) nor at any other time, but when it shall chance that some place of ministration be voyde in the Diocesse. And therefore I conclude, since none must be made a minister, but when it shall chance some [Page 61] place of ministration be voyde, and since the consent and allowaunce of the people, whome the matter doth concerne, must by the Canons, and statutes in force, be had, that therefore the people of the place, where such place of ministration is voyd, haue in the choyce & ap­poyntment of there minister, a speciall interest, and pre­rogatiue. Neither ought those ridiculous Canons of that foolish pope Adryan the proude: Nullus Laicorum principum, &c. 63 dist. cap. nullus. &c non est. Let none of the lay princes or potentates ioyne him selfe to the election, or promotion of a Pa­triark; Metropolitane: or any bish. &c: Neither ought this and such like Canons, (I say) any whit impeach the truth of my former assertions. First for that these lat­ter Canons are directly opposite, and contrary to the ordinance of almighty God: And the Apostles (saith the holy scripture) Act. 6. calling the multitude of the disciples to­geather, sayd vnto them, choose therefore brethren out from among you, seuen men of good report, &c. whom we may appoynt to this businesse: and this speech plea­sed the whole multitude then present, and they choose Steuen, &c. Which ordinaunce of the Apostles whosoe­uer shall thinke, that the same may receiue a counter­buff, by an Angell comming from heauen, much lesse by a pope comming from the bottomlesse pit, for my part I hold him accursed, and so vtterly vnworthy the name of a Disciple. Secondly, the sayde Canons of Adryan, plainely and in flat termes are derogatorie to her ma­iesties prerogatiue royall, and therefore by the statute of 25. Henry the 8. vtterly abolished. Thirdly, they are against the customes and statutes of the Realme. For by all the customes of the Realme, where any Mayor, Bay­liffe, Shreiffe, or head officer of any Borough, Towne, or any incorporation is to be elected, or where any knight of the sheire, any Burgesse, any Constable, any Crowner, any Vergerer within any forrest, and such like are cho­sen, the same officers, are alwayes chosen, by the grea­test [Page 62] part of such mens voyces, as haue interest in the ac­tion. And as touching the statutes of the realme, it is likewise euident, that they confirming the booke of king Edward the 6. and the Canons, not preiudiciall to her highnesse prerogatiue royall, giue vnto the prince, nobilitie, gentry, and other faithfull of the land, an in­terrest, in choyce and allowance of their pastours. And who can be so voyd of reason or vnderstanding, as to i­magine that men renewed with the spirit of wisedome, in the Gospel of Christ, should be carefull and diligent, in the choyce of discreet and wise men, to be dealers for them, in matters pertayning to this transitorie life, and yet should be remisse & negligent, what guides they ap­prooue of, to conduct them in the wayes of eternal life? Or that they should be lesse prouident ouer their spirits and soules, then ouer their bodyes and goodes? Euery man whether he be in the ministery, or out of the mi­nistery, contrary to that blind popish distinction, of Lay­etie and spiritualtie, if he be a true beleeuer, is the ser­uant of Christ and hath the spirit of Christ, and in the choyce of his Pastour, shall haue a Spirite giuen vnto him, to discerne, whether the same be a man apt to teach or no. The confusion therefore so greatly feared by popishe Idolatours, is not once to be suspected a­mongest Christians. They had cause to feare and be affrighted, hauing put away fayth and a good consci­ence: But we haue boldnesse with confidence to ap­proch vnto our GOD, who is able, and will assuredly stay the rage of the people, and fynishe our actions, with a quyet and peaceable issue. And thus much of the face of the Church, and of the choyce and consent of the people and Cleargie, to be had in the ordering of ministers. Touching the Latine tongue required to be in euery minister, as the lawes haue alwayes had re­spect, to a competent and sufficient knowledge therin: so the Act of Parliament, made the 13. Elizab. cap. 12. [Page 63] hath fully and at large expounded the same, and limit­ted the knowledge thereof in these words: [None shall be made a Minister vnlesse he be able to aunswere and render to the ordinary, an account of his Fayth in latine according to the sayde Articles.] And if any shall be or­dayned, contrary to any prouision of that Act, then is he no Minister at all.]

And thus as breefly as I coulde, I haue examined these wordes, mentioned in the Booke viz. calling tryed: examined: knowne: qualities: the face of the Churche; and the Latine tongue, what meaning and signification by Lawes in force the same wordes haue And also what order, and forme our Byshoppes oughte by Lawe positiue to haue vsed, in making Deacons, and Ministers: and what credite and fidelity, her Highnesse, and the whole bodie of our Church, and common weal haue reposed in them, for an orderly, vpright, and syn­cere disposition of these things. Vnto which trust, how aunswerable there seruice and gouerment hath beene, I doubt not, but vpon there Examinations they wil ap­proue the same, to haue bene faythful, iust and equall.

But by way of supposition. If any shall deny, their fide­lities to haue beene such as is pretended, what remedye then? or what is to be done then? Hereunto I answere, since the perill happening vnto others thorough their negligences in time past, is vnrecouerable, that there­fore the Lawe established against such excesses, woulde bee executed in time to come, the punishment of one, is a terrour to many: and by feare of punishment, a man is made good. The summe and effect of which Lawe, confirmed by Act of Parliament, is this. viz. Tam indignè promouens, quam indignè promotus est deiiciendus. As well the man vnworthily promoting, as the man vnworthely promoted is to be deposed. Proofs & exā ­ples wherof are these. In the Cap. NIHIL EST? EX. DE PREBEND. Order was taken, as you haue seene before, that not onely men vnworthy, shoulde [Page 64] not be admitted to regi-ment of soules, but it is also in that place prouided, incase any thing shall be otherwise vnaduisedly attempted, that then not onely the man vnworthily promoted, but also the vnworthye promo­tor should be punished. Ex de aetat. & qualit. c. penult. And again, it is decreed thus. If they shall hencefoorth presume to ordayne any that are vnskilfull and ignoraunt, which may easely be espied: We decree, that both the ordaynours, and the ordained be subiect to grieuous punishment. So. dist. c. ex penitenti­bus & 5r dist. c aliquantos Againe, Qui ex certa scientia indignum ordinat, aut deponitur, aut priuatur potesta­te ordinandi. He that wittingly ordayneth an vnworthy man, is either to be deposed or depryued from power to ordayne. 1. q. 1. c. si qui epis. Againe, Si qui Episcopi, &c. If any Bishop haue consecrated any such Priest as ought not to be consecrated, although in some sort they escape infamie, yet they shall not thencefoorth haue ordinations, neither shall they euer be present at that sacrament, which they vnworthily haue administred. Vpon which decree, and the worde ordinations, the glose flatly concludeth, Quod semper est veritas, quod qui promouet indignum depositionem meretur. That the trueth euermore is this, viz. that who­soeuer promoteth an vnworthy mā, deserueth to be de­posed: Quia culpa reus, &c. glos. in const. otho. de scru. in ord. facien c. 1. ver. ab. Bicause he is culpable, committing an order, charge or office to such an vnworthy person: And be­cause he is vnfaithfull, communicating his ministery vnto an vnworthy man, to the hurt of the Churche and honour of God, which by good ministers ought to be furthered. ff de exercit. l. 1. § magi­ [...]rum. A shipmaister or an Inne keeper, vsing the seruice of an euill mate, or ship boy, or of an vnthriftie Tapster, or Osteler, is to make restitution, if any thing imbezeled from his pas­sengers, or Guestes: for the negligence of either of these, in this case is punishable, Quia opera malorum seruo­rum vtitur. Because he vseth the seruice of euill seruants. By which lawes the glose prooueth, that though an Archdeacon haue authority by his office to examine, & do present vnfit men to the Bishop, that yet the bishop notwithstanding ought to be punished, because the bi­shop [Page 65] is answerable for the fact of the examinor, sithence the examination is made by his cōmandement, and also for that reseruatum est episcopo ius examinādi illum. Right is reserued vnto the b. to examine him, examinatus enim ex­aminatur in hiis precipue iniquibus vertitur periculum animae. Glos. c. ad haec ver. ex­aminentur. Extrauag. de offi. Archid. Glos. 1. l. non est. A man once examined is to be reexamined, especially tou­ching those things, wherein perril of soule consisteth. Et factum quod est, mutatur ex superuenienti causa. And a deede once done is altered vpon a new cause. ff. de transact An Archdeacon hauing by lawe the custody of candlestickes, copes, and vestmentes, & other Idolatrous garments, was remisse in safe keping these things, wherevpon the Pope wrote to the Archbishop, and willed him straightly to require the sayde ornamentes at his handes: Extrauag. de statut. regul. c. cum ad Monesteri­um § penul. and further com­maunded him to be punished, and to make restitution, if thorough his negligence or default, any thing were perished, in so much as by his office he was bounde to the safe custody of them. Neither did he behaue him­selfe, Vt bonus pater familias in re sua gessisset: As a good Fa­ther of an housholde, would haue done in his own hou­sholde affayres. And thus farre touching the bishops vn­worthily promoting vnworthy men vnto the ministe­rie, touching vnworthy persons, vnworthily promoted, the decrees following, tell vs what in like case shoulde be done with them.

Extrauag. de aetat. & qua. cap. vlt. QVAMVIS MVLTA FVERVNT, &c. Al­though manie thinges were proposed against the Bishop of Cali­nea, yet because he him selfe hath confessed before vs, that hee neuer learned Grammar, neither euer had reade Donate, and by euidence of the fact, his ignoraunce of learning and insuffici­encie is so apparaunt vnto vs, that it were against God and Ca­nonicall constitutions, to tollerate so great a defect in a Bishop, we haue thought good, vtterly to remooue him from the exe­cution of the office of a Bishop, and also from the Administra­tion of the Church of Calinea. If it might stande with the good pleasure of the Lorde, to mooue once Iehosa­phat [Page 66] Firste with the booke of God; secondly with the lawes of the Realme, to make a generall visitation by men of sound and sincere religion, and by men of vali­aunt and stout courages, I dare boldly auouch, that the valewe of the first fruites of benefices, that might be made voyde, by the iust depriuation of vniust posses­sors, euen by the euidence of the fact it selfe, woulde a­mount to a greater increase of hir highnesse treasure, then the best subsidie she hath leuied of them, since the time of hir gratious gouernement. Neither is this Chapiter impertinent to this purpose, though herein expresse mention be made onely of a bishop. For if you weigh and consider, why the bishop was deposed, the same reason is sufficient likewise to depriue any in­feriour person offending in the like case. The cause of the bishops depriuation, was his insufficiencie and de­fect of learning, and why then should not insufficiency and defect of learning, be as iuste a cause to depriue a minister of an inferiour calling, beeing infected with the same disease? The charge and function of the bi­shop was, to teach and gouerne others: The same ende is allotted to euerye one that taketh vppon him the cure of soules. The bishop wanting skill and abilitie, to perfourme an office taken vppon him, is degraded and cast out: and an inferiour minister destitute of the same furniture is maintayned and kept in. Againe.

Epis. de statu Monacho cum ad Mo­nast § Ab­bas. ABBAS VERO, &c. But the Abbot (whome all men ought reuerently to obey in all thinges) how much more shoulde he be frequent with his brethren in all thinges, hauing vigilant care, and diligent circumspection, that he may be able to giue an acceptable account vnto God of his office committed vnto him. But if the sayd Abbot be, a preuaricator or a despiser of his order, or negligent or remisse, let him know for a suretie, that he is not onely to be deposed from his office, but also some other way to be chastised, considering not onely his owne fault, but the fault of others is to be required at his hand.

And againe. 18. q. 2. si quis abbas. Si quis Abbas cautus in regimine, humilis, ca­stus, miserecors, discretus, sobrius (que), non fuerit, ac diuina praecep­ta verbis & exemplo non ostenderit, ab episcopo in cuius territorio consistie, & a vicinis, &c. If any Abbot, shall not be circumspect in gouernement, humble, chast, mercifull, discreete and sober, and shall not shew foorth godly preceptes, both in worde and example of life, let him be remooued from his honour, by the bishop in whose territorie he dwelleth, and by the next Abbots and others fearing God, notwithstanding all the congregation consenting vnto his sinne, woulde haue him to be Abbot. And therefore both these constitutions may serue to de­priue all such ministers, as in life, learning, maners, and conuersation, are like vnto such Abbots. Yea, and tou­ching inferiour ministers, the law hath likewise special­ly prouided as followeth. Quod si forte necessitas postula­uerit, vt sacerdos, tanquam inutilis, & indignus, a cura gregis, debeat remoueri, agendum est ordinatè apud Episcopum, &c Extrauag. de hereti. cap: cum ex. But if happely necessitie require, that a priest as vnpro­fitable and vnworthy, ought to be remooued from the charge of his flocke, you must ordinarily repayre vnto the bishop. Againe. Dictum est nobis presbiteros propter suam negligentiam canonice degradatos. It is tolde vs, that certaine Elders were canonically degraded for their negligence. And here it appeareth (sayth the glose) Quod quis aeque deponitur propter negligentiam, sicut propter do­lum. That one is as iustly deposed for negligence, as for collation, according to the tenor of the Canon follow­ing. 1. q. 1. si qui epis. Non modo pro haeresi vel pro qualibet maiori culpa, sed etiam pro negligentia remouebitur. He shall not onely be remooued for heresie, or other greater offence, but for negligence also. Wherevnto also the lawes of the Em­pyre agree.

QVI NON SERVIT, &c. He that doth no ser­uice to the Church, or fayneth him selfe to be a Clearke, when in deede he is none, he ought not to inioy the priuiledge of Clearkes, but an other is to be surrogated in his roome. And againe. Ne [Page 68] argenterorum vel numulareorum munera, &c. 47. pag. 2. We commaunde that the charge of Bankers, and such as lend, & exchaunge mo­ney for gaine, be not left off by those which onely hastely desire to be called collegiat men or Deanes. If any therefore vnder the bare couering of a name, or title, terme himselfe a collegiat man, or one of a brotherhood, let him know that an other is to be depu­ted in his roome, who may be approoued sufficient to execute the same office. Extrauag de institu. cap. ex frequen­tibus. The reasons and principall grounds of which lawes & Canons are these. [...]ola possessio non sufficit in benefi­ciis ecclesiasticis, nisi adsit canonica institutio. A sole possession is not sufficient in ecclesiasticall benefices, vnlesse there concurre also a Canonicall institutiō. ff de decurio l. Hereminus Sola possessio non facit aliquem decurionem sed iusta electio. A sole possession, ma­keth not one a Senator or Captaine, but a lawfull elec­tion. Et prescriptio non prodest, cum habent malam fidem. Extrauag de prescript. c. 51. diligēti &c. cum omne A prescription doth not profit, in case it be grounded vp­pon an euill conscience, and therefore sithence men so ordayned, be male fidei possessores vniust possessours, fraus & dolus eorum sibi patrocinari non debet, Their deceit and collusion ought not to support them. Ne (que) debet quis lo­cupletari alterius iactura. Neither ought any man to be enriched, with the losse and hinderaunce of an other: For these considerations, the lawe I say, hath prouided, that both the promotor, and the promoted, Agentes & consentientes, pari poena puniantur, As well the abettours as the deed doers are to sustayne equall punishment: And once agayne, as touching the displacing of idoll sheepeheardes, and remoouing of vnpreaching hire­linges, besides these former lawes, there are many mo notable conclusions to bee drawne from the Ciuill lawes, for the proofe thereof. ff. de mune­rib. & honor. l. vt grada­tim. § repro­bari authen. de col. iube mus colla. 9. Reprobari posse medicum a repub. quāuis semel probatus sit Diues magnus Antoninus cum patre rescripsit. That a phisition once prooued, and ad­mitted by publike consent, to the practise of Phisicke, may be remooued againe, from that function, in case afterwardes hee be founde rechlesse, the holye and [Page 69] great Antonie and his Father before him haue aun­sweared; ff Ioh. dudie. and that Propter hominum sanitatem tuendam, for the preseruation of mens health. The Empe­rour Iustinian commaundeth thus: Cod. de offic praefec ori­ent. l. 3. SI QVOS IVDICIS, &c. If thine excellencie shall finde any Iudges, eyther for their long and tedious infirmities, or for their negli­gence, or for any other like defect, to be vnprofitable, thou mayest remooue them from their administrations, and place other in their steade. Si carceri praepositus (sayth the same Emperor) Cod de cust. & exhibi. ceo le. carceri. Praetio corruptus. If a keeper of a common layle corrupted with money, suffer a prisoner to goe without fetters, or to bring any weapon, or poyson into the prison, he is to be punnished by the of­fice of the Iudge: but if he shall vnwittingly suffer these things, he is for his negligence to be displaced. Againe, the same Em­perour sayth, Cod de. profess & medi. l. 2. lib. 10. Grammaticos sou oratores, &c. If Grammari­ans, or Orators, once appoynted by common consent to teache Grammer, or Oratorie, approoue not themselues profitably to the students of Grammer and oratorie, for them to be againe reproo­ued, is not a thing vnaccustomed. For sayth the same Empe­rour, Cod de profess. & med. l. red­datur. Reddatur, &c. Let euery one bee admitted home to his countrie, which is knowen vnorderly and insolently to vse the exercise of philosophie. In bello, &c. A souldiar who in time of warre, doth any thing forbidden by his Captaine, or doth not keepe his Genneralles commaundement, is to bee punnished by death though his enterprise take good successe. And shall then a pretensed minister, that forsaketh his standing, and onely weareth the Ensigne of the proclaymed enemie to his Lord and master: maugre the Law of his Lorde and master, and maugre the Law of man, enioy life and landes, and liuings and all. Extrauag. de renunc. c. fin. l. 2. §. ignominiae ff de hijs. qui nol. inf. Panormitane, a famous Ca­nonist, concludeth, that a doctour allowed may be dis­alowed againe: yea, rather sayth Bartoll, a more famous Ciuillian, he may bee degraded as a souldiar, and as a cleark: For those things sayth hee, which I haue spokē in the degrading of souldiars, the same is to be verifi­ed touching the degrading of doctors and Clearkes. [Page 70] And this is a common and infallible conclusion, by all the learned in the Lawe; Vid ca. de­gradatio de paenis lib. 6. Vid foeli. de rescript. ex literis. that Doctors which by their readings or Lectures, doe not approoue them selues beneficiall and profitable, vnto studentes and schol­lers of their profession, may and ought well and right­ly be remooued, from their office of reading and tea­ching. Yea moreouer, whatsoeuer he be, that taketh vp on him the office of a doctor, wearing the armes and ensignes of doctors, when as indeede he is no doctor: Tenetur poena falsi, is to be punished by payne appoynted for forgerie. ff. de fal. l. eos infi. vid. Bart. in l. reddatur. Cod. de poss. et med. lib 10 In like case, by like reason, if an idoll mini­ster take vpon him by stealth and lying, the office of a true Pastour, and carrie the name and tytle of a true pastour, being in deede but an hyreling and prophane gentile: why shoulde not he be punished with payne appoynted for theeuerie. Panor. in c auris. extra­uag. de aetat. [...]t qua [...]. In the court of conscience, a Doctor giuing aduice, but thorowe ignoraunce or want of experience, not following in his counsell, the rules and preceptes of Lawe, is bounde by equitie vnto his Client: for that thorowe his vnskilfulnesse, he is dam­nified. A phisition in the same courte, who, without perrill of soule, or daunger to incurre irregularitie, would safely cure his patient, must be learned: he must practise according to the actions of phisick, he must be diligent in the exercise of his facultie: he must not mi­nister after any vnked maner, but onely according to the vsuall and ordinarie opinion of the learned in phi­sicke, he must be circumspect, and not sluggish to search out the disease, he must be prudent and carefull, both before, and at, and after the ministring of his medi­cine. VVhen he is ordeined he solemnely voweth to preache, therfore he pro­miseth to become a do­ctor. A minister then taking vpon him to be a Doctor of farre greater wisedome: to be a phisition of much more excellencie: namely, to instructe, and cure the soules of men with the doctrines of the Gospell; can he vnblameably consulte without knowledge, or safe­lie, practise without skill? can he teache being vnlear­ned? [Page 71] or heale being not experienced? And here if the magistrate woulde knowe the maner alreadie set down to redresse the same; and how and in what sort he may safely proceede agaynst an ignoraunte and vnlearned man. In. c. vlt. ex­trauag de. aetat. & qua­lit. Hee must sayth Panormitane, see that the witnes­ses depose, howe the partie did neuer reade any bookes of learning: or that hee did neuer go vnto any schoole of learning, because no man can attayne vnto lear­ning, vnlesse hee haue beene taught by one endued with learning: or spent his time in the studie of bookes of learning: for without a teacher, and without bookes, no man can bee learned, which may be proo­ued, as well by the confession of the partie, as by the notoriousnesse of the facte. And heere Panormitane willeth the practisioner in Lawe, diligently to marke howe insufficiencie, vnabilitie and vnskilfulnesse of a Clearke, may be prooued euident and notorious, by not reading of bookes. As thus, Seius neuer reade a­nye booke of Phisicke: or Seius neuer resorted vnto anye Phisicke Lecture. Therefore Seius is no Phisiti­on. Titius neuer studyed anye bookes conteyning the doctrines or controuersies of the Gospell, or hath not hearde any preacher of the Gospell: Therefore Titius knoweth not the trueth, or glad tydings of the Gospel.

Our idoli Ministers, neyther in times past haue had, neyther nowe haue any bookes of Scriptures: There­fore they neyther haue beene, neyther nowe can bee learned in the Scriptures. They haue not gone, ney­ther now doe goe to anye schoole of Diuine learning: Therefore they haue not beene, nor yet nowe are anye schollers in Diuinitie. And therefore their insuffici­encie and vnabilitie, being by this meanes palpable, are therefore notoriously depriueable, yea, degradable from their benefices and offices.

The distinction of a simple Curate, or of a cural priest, or of a plebeiane prelate, if lawe were lawe, and reason, [Page 72] reason, could not serue to maintaine the contrarie pra­ctise. The lawe Ciuill, the lawe Ecclesiasticall, the law of reason, the lawe of nations, the Lawe of God, in all pla­ces, at all times, and among all people, without any fa­uour or friendship, vnder any pretence, or for any re­spect, doe absolutely, directly, and precisely inhibite e­uery man whatsoeuer: to take vpon him, eyther by the name, title, or office, whereunto he is altogether vnfit, and whereof by lawe he is made vncapable. And howe then can this monstrous and damnable vsage be tolle­rable for such a man, to bee placed and continued, in the roome of Aaron, to be the mouth of the people vn­to God: or in the place of Peter to feede the flocke of Christ, who knoweth neyther for what, or howe he should rightly present his supplication vnto his prince, neither what kind of viand, or maner of diet, he should set before his people. Grammarians and Poets, though they haue bin trayned vp, at Winchester or Eaton. Phi­losophers and Rhetoritians, though they haue spent many yeeres at Oxforde or Cambridge, are not fit straightwayes to be made Phisitions of soules, and lea­ders of the people into the waies of righteousnes. They must shake of vanities, and forsake their vngodlinesse wherewith they haue infected their mindes in those places, before they thruste themselues as labourers in­to the Lordes vineyarde, or take vpon them to be mes­sengers in the affaires of his Empire. Yea, popishe and Idolatrous priestes, are vnmeete, and by the lawes in force, made vnable to enter into the Lords Sanctuarie, though popish Lawyers stande neuer so much opinia­ted to the contrary, falsely and trayterously surmising her Highnesse, her Nobilitie, and all the professors of the gospel within the lande to be heretiks, & sismatiks, & thēselues onely with their crewe & rabble of Semina­ries, to be catholiks, as thogh the laws in force no whit appertained vnto vs: but were onely reserued by themselues [Page 73] against their day of Iubilye, long sithence gaped for by them, and hitherto by the infinite mercies of the Lord denyed them. The Lord make vs thankfull, pardon our ingratitudes, and continue these his mer­cies long towardes vs & our posteritie. I hope our pre­lates and ministers of the gospell, and all true Christi­ans, are thus perswaded by the worde of God, that pa­pistes are heretiques and schismatiques, strangers from the common wealth of Israell, and aliants from the co­uenaunt of God, I take this I say as graunted, and hold it for a principle in the schoole of Christ, that papisme is heresie, and therefore a papist an heritique. Againe, I hope our Prelates and ministers of the Gospell, will graunt the act of Parliament made 25. Henry the eight, touching the submission of the Cleargie, &c. and con­firmed in the first yeare of hir gratious raigne to be in force, and effectuall to binde all maner of people with­in the lande. Againe, it is manifest, these Canons fol­lowing, to haue beene established, and neuer abrogated, before 25. Henry the 8. Extrauag: de elect. quia. Non debet quis schismaticus etiam abiurato schismate aligi. A schismatique though he abiure his schisme, ought not to be chosen a bishop. Lib. 6. de he­ret. c. 2. §, heretici Heretici autem credentes, receptatores, defensores & fautores eorum, isto­rum (que) filii ad secundam generationem, ad nullum ecclesiasti­cum beneficium seu officium publicum admittantur. But be­leeuing heretiques, their receiuers, defenders, and abet­tors, and their sonnes vnto the seconde generation, let them be admitted vnto no ecclesiafticall benefice, or publike office. And therfore from these principles, Ca­nons, and Act of Parliament. I argue thus.

• 1 No schifmatique or heretique, though he abiure his schisme or forsake his heresie, may be cho­sen a bishop, or admitted vnto any ecclesiastical benefice, or beare any publike office.
• 2 But euery popish priest is a schismatique or here­tique.
• [Page 74]3 Therefore no popish priest, though he abiure, &c. may bee chosen a bishop, or admitted vnto an ecclesiastical benefice, or beare any publique of­fice. The Maior proposition is the law of pope­rie. The Minor, the law of the Gospell.

NEither doth this rule of law: Multanon sunt facien­da, quae tamen facta valent, anye whit gaine saye the truth of this argument. For though it seeme probablie by this rule, that a popish priest beeing once admitted, vnto popish priesthoode should not be remooued: Yet thereby it followeth not, that religion beeing restored, and Idolatrie abolished, he coulde not at the first resti­tution of the Gospell, and entrie of hir gratious raigne, haue beene secluded from the office of a minister vnder the Gospell. For what though an Heretique, by the iudgement of an hereticall Synagogue, obtayne the roome of a Sacrificer in the same Synagogue, and ha­uing once obtayned it, may not be remooued from the same roome, by the former rule of lawe: Though this be true I say, what auayleth it to confirme that a sacri­ficing priest, by vertue of his admission vnto the Syna­gogue, ought to haue a place of ministration in the Church of Christ? For though he were admitted in the one, yet was he neuer admitted in the other. And therefore it resteth firme, that they ought not to haue beene admitted then, when as the whole maner of the gouernement of the Synagogue should haue beene al­tered. For as at that time their lawes were vnaduisedly translated from them vnto vs: So by their lawes we might aduisedly haue transformed them from amongst vs. They were Schismatiques and heretiques by the lawes of our religion, and therefore not to haue beene admitted by the lawes of their owne profession. Yea if they remaine Idolaters still, or keepe backe from the [Page 75] people of God the word of God, they are to be remoo­ued still: their ietting vp and downe in their square ruf­fling & white philacteries, or mumbling their mattens & euensong, are not so forcible to keep them in, as their insufficiencie, negligence, contempt, & idolatrous harts are to thrust them out. And yet no part of good, whol­some, and christian gouernment and pollicie chaunged. For though Iosiah, mooued by compassion bening­ly suffered the priestes of Baal (repenting of their ido­latry) to receiue tithes and offerings with their brethrē the Leuites: Yet he streightly charged them not to en­ter into the Lordes sanctuary to doe any maner of ser­uice there: Neither did this his religious fact, any whit hinder the outward peace of his kingdome. Wherefore if a B. an Abbot, an Archd. an elder, a phisition, a Iudge, an aduocate, a Iailor, a tutor, a schoolmaster, an Orator, and a philosopher, by iustice and equity of law, for vna­bilitie, insufficiencie, negligence, or other defects, ought to be deposed, and remooued off & from their roomes, places, offices and honours: how should a pretensed mi­nister, onely intruding him self to an office of most high calling, & excellency, and vtterly destitute of all giftes and graces fit for the same, be suffered to keepe and re­taine the proper right and title of an other, as his owne lawfull possession & inheritance. Had the worshippers of the false Gods, care that their idolatrous priestes, should haue know­ledge of their idoll seruice: and shall we, the worshippers of the true God, be blameles before his iudgement seat, in case we mayntain such to serue him in the ministery of his holy gospel, as whose ser­uice, the veriest Paynymes & idolators woulde refuse to haue in their idoll temples? Cod. de epis. co. & cleri l. Si quis curi­alis. l. 12. And though these be sufficient proofes to euery one, not adicted to his own wil (preferring the same to al reason) that prohibitus clericari, debet reuocari ad pristinū statū, per manus iniectionē; & that serui vitā monasti­cā deserente [...], ad prioris domini seruitutē restituuntur, Cod. de epis. co. & cleri. l. serui. one pro­hibited to be a clark, ought to be reduced to his former [Page 76] estate, by authoritie of the magistrate: and seruaunts, forsaking their monasticall life, to be restored to the bondage of their former maister. Cod. de de­coren l in­famia. li. 10. & de digni­ta. l. Iudices. lib. 12. And that Infamia non solum impedit praefici, sed etiam remoueri facit, a dignitatibus habitis. And infamie doth not onely hinder a man to be preferred, but also causeth him to be remooued from dignities already recouered. Though I say, these former proofes be sufficient, to confirme these assertions, yet to make the matter somewhat more plaine, I haue thought good, to reexamine the order and forme ap­poynted by the former statute, for the making of Dea­cons and ministers: that, if vpon examination thereof also, there do appeare such a defect by statute lawe, as whereby our dumbe and idoll ministers, be no mini­sters, in deede and trueth, but onely in shewe, and ap­pearaunce; that then, therevppon order may be taken by hir maiestie for the displacing of them, and for the placing of other lawfull and godly ministers in their roomes. For as the statute hath limited a certaine order and forme of making Deacons and ministers: so hath it appoynted, that all that are made according to that order and forme, should be in deed lawful Dea­cons and ministers. The wordes of the statute are these. [And that al persons, that haue beene, or shall be made, ordered or consecrated Archbish. bishop, priestes and ministers of God his holy worde and sacramentes, or Deacons after the forme and order prescribed in the sayde order and forme, how Archbish. bishops, priestes, Deacons and minsters shoulde be consecrated, made & ordered, be in very deede, and also by authoritie hereof declared and enacted to be and shall be, Archbishops, priestes, ministers, and Deacons, and rightly made, or­dered, and consecrated, any statute, law, Canon, or other thing to the contrary notwithstanding.] Which sta­tute hath two braunches: the one appoynting the forme and maner of making Deacons and ministers, [Page 77] the other authorizing Deacons, and minsters, made, & ordered, after the forme and maner prescribed in the sayde booke, to be in very deede, rightly and lawfully Deacons and ministers, and so to be taken and repu­ted. It followeth then, that if the first braunch of the statute be broken, and that the forme and order be not obserued, that the second braunch can take no place: for that in deede the validitie of the latter, dependeth altogeather vpon the obseruation of the first. For it is plaine and euident by lawe, that if you woulde haue a seconde, or latter action to be good, and effectuall, be­cause it is done (say you) according to a forme and or­der precedent, you must first prooue, that the Precedent was accordingly done, or els the consequent can take no place. And therefore if the forme and order prescri­bed by the book, be not obserued in making vnlearned ministers, I say then, that vnlearned ministers, by lawe, are no ministers at all. And why? ff. ad leg. fal. l. si is qui. § quaedam. Ne (que) eum vllum balnie­um, aut vllum theatrum, aut stadium fecisse intelligitur, qui ei propriam formam quae ex consumatione contingit non dederit. Neither can he be thought to haue made any bath, or any Theater, or any race; who shall not giue it that forme which perfecteth the same. Againe. Vbi ad substantiam, alicuius actus, exigitur certa forma, fundans se super alio actu, debet quis probare formam precessisse. Panor: in ca. 9. extra. de Iudicijs. Where to the substaunce of any act, a certaine forme is requy­red, founding it selfe vppon an other act, ther a man ought to prooue the forme to haue passed before. As for example. In an euangelicall denunciation, if thou seeke to haue thy brother cast foorth of the congrega­tion: First it is requyred, that thy brother haue offen­ded thee: Secondly, that thou priuately admonish him, and brotherly wish him to amende: Thirdly, if he con­tinue obstinate, thou muste tell it him before two or three witnesses, and if he heare not them, then thou must tell it to the Church, before whom, if thou desire [Page 78] (I say, that thy brother by them, should be cast foorth of the Churche) thou muste first prooue, an offence committed against thee by him: Secondly, and third­ly, that you did both priuately by himselfe, and pub­likely before witnesse, admonishe him, otherwise you can not haue him excommunicated, because Forma quo­ticscunque non est seruata, actus est ipso iure nullus. Howe often so euer, the forme of an acte is not kept, the Acte by meere Lawe, is no Acte at all: because (sayth the Canon) a solemne and diligent intreatie required in such perpetuall grauntes and alienations of Church goodes; hath not beene obserued therein; wee, by the aduise of our brethren Decree, the same graunt to bee voyde.

By Ciuill Lawe, Cod. De Sacrosanct. eccles l. hoc ius & l. prae­dium. Church goodes, can no otherwise bee pawned, or layde to gage, then as the Lawe for­mally prescribeth, because a due solemnitie ought to bee obserued. In fines and recoueries leuyed by the common Lawes of this Realme, Attorneyes on both sides, must bee warraunted; there must bee vouchers and vouchees; there must bee writtes, and retornes of writtes; there must be proclamations, there must bee warraunties, and many other circumstaunces, which being not obserued, the parties in reuersion or remain­der, beeing grieued, may bring their writtes of error, and recouer the landes passed by erronious fines or re­coueries.

In the first yeere of Henrie the seuenth, Chapiter fifteene: a statute was made, that the partie playntiffe, shall finde pledges, to pursue his playnt, as are knowne there in that Countrie; In the case of this statute, if the Sheriff, take one suretie alone, or men of another coun­trie, as pledges, the bonde is voyde; because by the common Lawes of the Realme, as well forme as mat­ter, is necessarie. If in the sale of any pupilles goodes, or alienation of the Emperors patrimonie, the sorme and [Page] manner appoynted by Lawe, bee not exactly and dili­gently kept, the sale and alienation is in effect no sale, and no alienation. The reasons of which Lawes and or­dinaunces (as I sayde before) are these. Forma dat esserei Panor. in. c. nulli. nu. 7. de rebus ec­cle non a­liae. fol 59. Specula in. tit. de aduoc § 5. vers. cum ante. Panor, in. c. fin vt lit non contest nu. 20. Panor. in. c. publicat. de elec nu. 9. Panor. in. c. super questi­onum. § ve­rū nu. de off. deleg. & id in. c. pruden­tiam. nu. 5. eod. & eius omissio inducit nullitatem actus. The fourme giueth beeing and essence to a thing, and the omission there­of, induceth a nullitie of the act. Si deficit forma in priuile­gio, res caret priuilegio. If a priuilege wāt the form of a pri­uiledge, the thing lacketh priuilege. And again, Solemni­tates quae requiruntur in alique actu, sinon scruentur, actus cor­ruit solēnities required to be in any acte, if they be not obserued, the act faileth. And again, Ferma non seruata in vna parte actus violat totum actū. The form not kept in on part of the acte, violateth the whole act. Quia verum est dicit, excessisse istum fines mandati. Because it is true saith he, that this man hath passed the boundes of his commaundement. And therefore in an other place, Panormitane concludeth thus: Forma certa proce­dendi vbi datur processus corruit, non solum quando est attenta­tum contra formam. sed etiam citra, vel preter formam: quia v­bi forma certa datur paria sunt aliquid facere contra, preter vel citra formam. Where a certaine forme of processe is limi­ted the processe fayleth, not onely when any thing is at­tempted against the forme, but also eyther without or besides the forme; the obseruatiō of which solemnities and forme of an act, are of suche force and necessitie by Lawe, that neyther custome, or yet a consent of par­ties, can alter or chaunge the Lawe herein. Panor. in. Greg. nu 14. fol. 17. Solemnita­tis omissio ex sola consuetudine inducta violat actum. The omission of a solemnitie brought in onely by custome, marreth the Acte. Ea quae inducunt certam solemnitatem in actibus hominum, non possunt consensu partium tolli, quia pacta priuatorum iuri publico non derogant. ff. de pactis. And those things whiche induce a certayne solemnitie in mens doings; cānot be abolished by cōsent of parties, because priuate mens compacts, cannot be derogatory to cōmon right. [Page 80] In so much that in this case. Forma debet seruari ad vn­guem, & specifice & non per equipolens. A forme ought to be kept at an inche, and specially, and not by any thing equiualent, though in many other cases, this rule ta­keth place. Nihil interest quid ex equipollentibus fiat. It is no whit materiall, whether of the things that are equi­ualent be done. Moreouer, Forma data à lege, vel statuto, debet seruari à rustico, muliere, & iuniore. A forme giuen by lawe or statute, ought to be kept by an husbandman, by a woman, and by one vnder age, though in many o­ther things these three haue their seuerall priuiledges. And to make this more plaine, and the certaintie ther­of to be infallible: you shall vnderstand, that the lawe hath beene executed according to these rules, euen in this selfesame case of making Deacons and Ministers. And first, touching their tryall and examination. Glos. c. quando: distinct. 24. ver. in vest gent. Si quis presbiter, aut Diaconus, sine aliqua examinatione, ordinati sunt, abiiciantur ex clero. Et si non fuerit in aetate, literatura, & hone­state examinatus, deponendus est. If any be made an Elder or Deacon without examination, let him bee cast out from the Clergy. And if he shall not be examined tou­ching his age, his learning, and his honestie, he is to be deposed. Secondly, touching the time. If a Minister or Deacon haue bene made at any other time, then at the time appoynted by lawe, it hath bene decreed against them as followeth.

Extrauag. de tempo: ordi­nand. c. cum quidam. EPISCOPVM, &c. A bishop that celebrateth orders in a day wherein he ought not, doe thou correct with Canonicall discipline, & vntil they haue receiued grace from vs to be resto­red, so long oghtest thou to make them to be voyd of orders recei­ued. And agayne, Sanè super co. &c. Truely concerning that the maner is (as thou sayest) in certaine Churches of Scotlande and Wales, to promote Clearkes vnto holy orders, in the dayes of the dedication of Churches and Altars, out of the foure times appoynted for fastes: We declare that that custome, as enemie to Ecclesiasticall institutien, is vtterly to be improoued. And had [Page 81] we not regarde vnto the multitude and auncient custome of the lande, men ordayned should not be suffered to minister in orders so taken: for with vs men so ordayned should be deposed, and the ordaynors should be depriued of authoritie to ordayne: Thirdly, Fol. 1. pag. 2. touching the presentation of Deacons to be made by the Archdeacon or his deputie, Fol. 1. 1. and of ministers by the Archdeacon onely, out of many particular lawes, this generall Maxime is verefied.

Panor. in. c. fin. §. is au­tem nu. 5. de offic. deleg. SI PRINCEPS, &c. If the Prince commit a cause to any, and commaunde him personally to execute the same; if in this case consist publike commodity, this his commissary can not substitute an other, no not euen with consent of parties, be­cause where the Prince either couertly, or expresly, doth make choyce of the industrie of any one particular person, there the partie so chosen, can not surrogate an other. For the Prince here­in doth personally qualifie the man, and giueth vnto him the forme of his commission. De offic. c. deleg. l. 6. c. si cui &c. fin. extra. de offi. delegat. An example of this may be thus. De offic. de­legat. li. 6. c. si cui. & ex. de offic. de­leg. c. vlt. Suppose that the treasurership in Paules were voyd, and that hir highnes, had commanded the B. of London to prouide a fit man for the same roome; whether now the B. may commit this his charge, to be perfourmed by an other, then by him selfe or no? And it is answered negatiuely, because in the choyce of a fit person consi­steth great danger, & therfore the B. beeing but an exe­cutor of hir Maiest. pleasure, he may not substitute any other, But suppose, that hir highnes, had cōmanded the same B. of Londō to haue giuē the same prebend to Lu­cius Titius, whether thē, might the B. in this case subdele­gat Archdeacon Sempronius. And the answer is affirmatiue, that he might, for now her Maiest. by hir selfe, hath no­minated the partie to be placed, & hath not chosen the B. industry for that purpose, and therfore he may assign this prouision vnto an other. But it is otherwise, where the industry of a Person is chosen, concerning one to be elected, for then: he may not set ouer that his office to any other. Now then out of these rules & lawes I con­clude, [Page 82] that sithence it hath pleased the high Court of Parliament, particularly and expresly by name, to make choyce of the Archd. & hath personally qualified him, as their meetest man for this charge, chosing the indu­stry of his own person in presenting fit men to be made ministers, or of his deputies in presenting fit men to be made Deacons: and for so much also as in this action, consisteth the publike benefit of the whole church, and on the which hangeth the greatest perill & daunger of the whole church: For these causes I conclude, that an Archd. onely, must & ought of necessitie present one to the B. to be made a minister, & that the B. can not di­spence with him in this case, and that neither the B. nei­ther the Archd, neither the party to be made a minister; neither the clearkes and people present, by their con­sents, can alter or transpose any thing herin. ff. de pact. l. ius publicum Publica v­tilitas est pars agens, Publike vtilitie is the party agent in this busines and Parta priuatorum inri publico non derogant, The couenants & agreements of priuate men doth not derogate from cōmon right. And if the contrary haue been practized, what may be concluded therof shal fol­low immediatly. And againe by these proofes, you may euidently see, that the calling, the triall, the examinatiō, the time, the person appoynted to present, and the age of one to be presented, haue not been things meer con­tingent, but rather essential, not causas sine quibus non, but causes formall to the making of Deacons & ministers, and such causes as beeing omitted, haue been sufficient causes both to depose from their functions, those that haue ben contrary wise ordained, & to punish the ordai­ners for their negligence in that behalfe. And therefore that our tong tied ministers, not made according to the order and forme of the statute, be in deed and truth no ministers at all, the act it selfe, whereby they be made, & wherby they challenge their dignities, being in deed no act in law, hauing no law to approue the same, & there­fore [Page 83] to be punished by the law of mā, as wel for entring into a calling against the lawe of man, as also for pro­phaning the holy and sacred misteries of God. For what if respect be had to one, or two, or foure, or moe, of the solemnities and circumstaunces before rehearsed, and those too, perhaps of the least weight & moment, as vn­to the age, the time, the B. particuler interrogatories, & the Archd. presentation: and yet the rest of the greatest waight and importance, as their learning, their honesty, their aptnes to teach, &c. be negligētly or wilfully omit­ted: Shall the proceedinges by such as please them selues in their owne inuentions, & be both iudges & parties, thus in shew & ap­parance, only supposed to be done, by them that are wise and vp­right iustices, & whom publike profit ought to mooue to the re­dresse of disorders, be reckoned to be don in deed and verity? Yea if all the former solemnities, yea euen those also of the least moment, & such as in truth might haue ben repu­ted accidentall, rather then substantiall, (had it pleased the law makers to haue appointed them so) haue beene & are oftentimes omitted in the making of ministers, & one neuer called, neuer tried, neuer examined, neuer known to the B. before that day, to be of any vertuous conuersation, not qualified as is requisit, not learned in the latine tong, not sufficiently instructed in holy scrip­tures (as he that came to the B. of Winchester to serue in his Diocesse, borne at Norwich, and made a minister at Peterborow: knew not how many Sacraments there were, and requested a dayes respite to aunswere the bi­shop, what the office of a Deacon was, not made open­ly in the face of the congregation, but priuately in the bishops Chamber or Chappell: not hauing any Ser­mon: not apt to execute his ministerie duely: not pre­sented by the Archdeacon, the Bishoppe making mi­nisters at Exceter, and his Archdeacon at Oxenforde, or the bishop making ministers at Leichfielde, and his Archdeacon at Durham: not mooued by the holye [Page 48] Ghost, not admitted on a Sunday or holy daye, not of 24. yeares of age, not perswaded of the sufficiencie of the doctrine of the scriptures to saluation, not an ex­ample in him selfe and his familie to the flocke of Christ: not a minister of the doctrine and discipline of the Lorde Christ, not a peacemaker, but quarrelling at law for tithe Oynions, apples and cheryes: not a dispensour of the worde of God: Fol. 11. p. 2. not a pastour and stewarde to the Lorde, to teach, to premonishe, to feede, and pro­uide for the Lordes flocke: if such a one I saye, yea if too too many such, haue beene admitted into the holy ministery, and all these solemnities vnsolemnly abused: may it not be rightly concluded, that such by our sta­tute lawe be no lawful ministers at all? Was the word of any Bishop (onely the worde of the high bishop Iesus Christ ex­cepted) in any time or in any place, a lawe against the Lawe of a nation? Was the law of a whole Empyre, euer tyed to the will of one man in a Diocesse? If the thing it selfe were not manifest to the view of the whole Realme: and that the vnlearned mi­misters in euery part of the realme were not glasses, to see these deformities by: & that the dayly and lamentable complaints, in the eares of hir honourable councell, were not euident testimo­nies thereof: Yet were their owne registers and recordes tho­rowly perused, they would teach vs sufficiently, that these things (yea and worse to if worse may be) are neither fayned nor for­ged. And therefore I conclude thus.

• 1 Whersoeuer a certaine forme & order to proceed, is appoynted to any, hauing no authority before his cōmission, that there, if the forme be not kept, the processe by law is meerely voyde:
• 2 But our bishops, before the making of the statute of Edwarde the 6. and the confirmation thereof 8. Elizabeth, had no authoritie to make Dea­cons or ministers:
• 3 Therefore, their processe not made according to the order and forme of the statute, is voyde, and [Page 85] therfore our dumbe and idoll ministers, no mi­nisters at all.

Herennius Modestinus, answered that a Senator was not therefore a Senator, because he had his name onely in the table or register, where the names of Senators were written, vnles he also were made a Senator, accor­ding to law. And the glosse vpon that law, verifieth the same to be an argument, Contra eos qui non sunt r [...]cte in ec­clesiis constituti. Against those that are not rightly placed in Churches. ff. quand. di­es. leg. vel. fi­dei, sed. l. quod pupil­lae iunat. gloss. If a Legacie be giuen vnto a Pupil, when­soeuer she shall marrie, if she shall marrie before she be Viripotens, the Legacie is not due vntill she be Viri potens, quia non potest videri nupta, quae virū pati non potest: nec videri factum, quod non legitimè fit. Finally in the praeface of the booke of ordering Ministers, are these words. [And therefore to the intent these orders should be continu­ed, and reuerently vsed and receyued in this Church of England; it is requisite, that no man not being at this present, bishop, priest nor Deacon, shall execute any of them, except he be called, tryed, examined and admit­ted, according to the forme hereafter following.] And in the 13. yeere of Elizabeth, cap. 12, it is enacted, that all admissions to benefices, institutions, and inductions to be made of any person, contrary to the form or pro­uision of this act, and al tollerations, dispensations, qua­lifications, and license whatsoeuer to be made to the contrary hereof, shall bee meerely voyde in lawe, as if they neuer were. Another principall reason, why these idoll ministers, shoulde not haue, so much as the onely name, or tytle of ministers in worde, much lesse the place and benefite of ministers in dee de may bee, for that in deede and trueth, they haue intruded them­selues into the ministery, onely by fraude and deceite, and haue not entered thereinto, Bona fide & iusto titulo, in good fayth, and by a iust tytle. Cod. de au­torita. pre­stand. l. cum qui. 6. q. 7. si quis deinceps ex. de simo. non satis. Hee that knoweth a pupill to be vnder age, and yet will contracte with him [Page 86] without consent of his tutor: or hee that will receyue a Church from the hand of a laye man: or he that will buye and sell things dedicate to religious vses, can not in these actions meane any good faith, or vse any good conscience, because qui contra iura mercatur, bonā fidem pre­sumitur non habere. He that against the law maketh mar­chandize, is presumed not to haue good faith. Cod de au­torit. prestā. l. cum qui. 6 q 7. si quis deinceps ex­tra. de simo. non satis. Extra. de regu. in c. qui contra. Now in the maner and forme of making ministers, and their ad­mission, you haue heard of a solemn couenant and con­tract by opē protestations on both sides, made between the B. and the partie: A contract made be­tweene the B. and the minister not obserued. the B. demanding, spondes? put as? fa­cies? dost thou promise? dost thou thinke? wilt thou do? The partie aunswering, spondeo, I doe promise, puto, I doe thinke, faciam, I will do it. This contract or couenant by law Ciuill, is called stipulatio verborum, a sure bond made by wordes, and may be called a contract by worde. By the law of Englande, it is called an assumption. And to the ende this contract be good in effect, as in all other contractes, so in this especially, it is requisite, that the same be made bona fide interueniente, good faith comming betweene, as well on the part of the demaundant, as on the part of the answerer. In ff. pro solut. l. 3. Cod. de vsur. l. venditioni. In Cod. de actio. & ob­lig. l. bonam. For saith the Emperor. Bonam fidem considerari in contractibus aequum est, Equity requireth that good faith be considered in contracts. And that, ei­ther to this end. Vt cesset dolus ad eorū essentiam, or to this end, vt cesset dolus ad eorum effectum, that guile may cease, to the substance of the contract, or that guile may cease to the effect of the contract. ff de dol. l. eleganter. ff. de verb. oblig. l. si quis [...]um. For though according to the nature and condition of this contract by word, the party fraudulently deceiued, be notwithstanding by ri­gour & subtiltie of law bound to the contract: yet in as much as the lawe prouideth him a remedy against this mischief, & giueth him a peremptorie exception, vtterly to exclude the agent from any benefit of his action; the contract I say, in effect beeing reuersible, is in effect no contract, and the aduerse party to be cleared from the [Page 87] performance thereof. Quia contractus non sortitur effectum, propter exceptionem doli. The couenant taketh no effect, by reason of the exceptiō of guile. The law it self followeth. Si quis. &c. If any when he had couenanted to be bound after one manner, yet notwithstanding, by circūuention is bound after ano­ther manner, he shall indeed stand bound vnto thee, by the subtilty of law, but he may vse an exception of deceit, for in as much as he is bound by deceit, an exception is giuē him. As for example, I haue promised vnto you my ground, excepting the vse of the fruit therof, afterwards by collusiō you perswade me to promise you the same ground, together with the vse of the fruit therof: this promise in effect is void, be­cause you vsed deceit, in getting my promise. Ye suppose that you for your part had not beguiled me, & that ther had bene no deceit on your part, but that I had beene beguiled only, because the thing it self, was wrongful & iniurious, in this case also your action shall cease, & your writ shal abate. Idē est. &c If no deceit on the part of the demādant haue bene vsed, but the thing it self hath in it deceit, it is all & the self same one case with the former. For whē so euer any man shal make a demand by vertue of that cōtract, in asmuch as he doth demād it, he doth it by deceit. As for exāple: suppose I haue boght in good faith without collusion of you, a peece of Plate, for lesse then the one half of the iust value therof, as suppose for 8. Pound which was worth 20. po. afterwards I couenāt with you simply, & you promise to deliuer me the same plate: in this case, if I sue you for the deliuery of the plate you may vse an exception of guile against me, because I deal deceitfully in demāding the performance of a cō ­tract, which in it self cōteineth iniquity. For this cōtract it self is against the equity of lawe, prouiding that a man should not be so vnprouident in selling his goods, as to sel thē vnder the one half of the iust value. And therfore in this cōtract, being against law, appeareth a manifest i­niquity, because the plate being worth 20. Pounds was solde by you for 8. Pound, a lesse sum then 10. pound, [Page 88] halfe of the iust price, and therefore in it selfe by law without equitie: and therefore neither to be demaun­ded by me, neither to be performed by you. And to make this more playne, and so to apply it to my pur­pose, bona fides good Fayth, in this contract ought to be in this sort. You for your part, and I for my part, and we both ought in trueth to think and bee of opinion, that you haue interest & right in the plate, and so po­wer to alienate, and to sell it vnto me. And therefore concerning the contract made betweene the Byshop and the party, because the Byshop oftentimes know­eth the partie that is to be made a minister by him, to be a man altogether vnlearned, vnfit, and vnapt to ex­ecute his ministerie duely, and therefore cannot thinke him to be a man quallified as were requisite: And be­cause the partie that is to be made a minister, knoweth himselfe vtterly voide of those graces and gyftes which ought to be in him, and therefore cannot beleeue him selfe to bee truely called, or mooued to that office by the holy ghost: And because they both know that there hath bene no such calling, no such tryall, no such exa­mination, no such presentation, &c. As (by the forme and order of the booke) shoulde be, I say therefore that good fayth wanting on both partes, this contract made coulourably betweene them is meerely voyde, and the one not bounde by lawe to the other, to the perfour­mance of the same: & therfore much lesse the common wealth, or the Church of Christ to tollerate their con­spiracie, or to bear with their collusiō. ff. de Liber causa. l. si pa­riter. Extrauag. de regni iure. c. non est. Extrauag. co Non debet alterius collusione aut inertia, alterius ius corrūpi. No mās right oght to be impayred by collusion or slouth of another. Fraus & dolus nemini patrocinari debet. deceit & guyle, ought not to patronage any. And therefore sithence, Non est obliga­torium contra bonos mores iuramentum. An othe made a­gainst good manners, is not obligatorie: and that Ne­mo potest ad impossibile obligari. No man can be bound to [Page 89] a thing impossible, and that Impossibilium nulla est obliga­tio, of things impossible there is no band. ff de reg. in l. impossibi­lum. Extra. de reg nu. in malis. And that, In malis promissis fidem non expedit obsernari. It is not expedi­ent that Fayth be kept in wicked promises, I conclude that the impossibility or iniquitie of condicions to be perfourmed by him that is made a Minister, make the contract betweene the Byshop and him, meerely voide and of none effect in Lawe. The impossibilitie of the contract made be­tweene the Bish. [...]nd the minister, cause that the contract is voyde. And that the Byshoppe ac­cording to the true intent and meaning of the Lawes, whereof he hath the execution, ought to cite, and Ex officio, to proceede, and obiecte agaynst him in this sort. You A. B. Parson of C. about twentie foure yeeres passed, at what time I had appoynted a solemne day for making of Deacons and Ministers, & had called by my Mandat, men meete to serue the Lorde in his holy seruices, to teach his people, and to be examples to his flocke, in honest life and godly conuersation, came before me, making a great bragge and fayre shewe of zeale and con­science, and of your knowledge in the holy Scriptures, and that you woulde instruct them faythfully, and exhort them diligently in the doctrine of Saluation by Christ, & in holinesse of life: that you would exercise his Discipline according to his commaunde­ment; and that you woulde bee a peacemaker: And all these thinges you faythfully promised, and tooke vpon you to performe, ioyning your selfe openly to the Lordes people in prayer, with a solemne vowe. Nowe so it is; as I vnderstand by your demea­nor euer since, that in trueth, you had no other ende, but to steale a liuing from the Church, though it were with the murther of many soules. You dishonored the Lorde: you made an open lye in his holy Congregation: you circumuented mee by guyle, and by crafte deluded me: you haue euer since falsifyed your worde: You haue not preached one Sermon these many yeeres: you haue not instructed one of your parrishe in the doctrine of Saluation by Christ alone: you haue not gouerned your familie, as became one of your coate: you haue not exercised the Discipline of Christ against any adulterer, any swearer, any drunkarde, anye breaker of the Lordes Sabbothes: you haue beene and are a [Page 90] quarreller among your neyghbours: you cite them to my consi­storie for toyes and tryfles, and so abuse my iudgement seate: you are an example of euill, and not of goodnes vnto your flocke: you ment no good faith at the firste: you wittingly tooke vpon you a charge, which in your owne conscience, you knewe was impossible for you to discharge: you prophaned the Lords most sacred name, in praying hypocritically before him: you haue not since repented you of these iniquities, but haue continued obstinate in the same, and therefore in as much as you for your part without any good conscience, haue gotten you a place in the ministerie: I for my part, mooned by a good conscience, and for the same my consci­ence sake, to discharge my duetie to the Lorde, haue summoned you publikely, lawfully and rightly, to disposse you of that place, and depose you from that function, whereof though publikely, yet vnlawfully and vnrightly, you are possessed: neyther ought you, or any other to thinke me rashe, light, or vnconstant in so doing. For I tell you playne, that herein I will both saye and doe that thing, which the noble and wise Emperour, sometimes both sayd and did, in a matter of farre lesse wayght then this. Quod inconsultò fe­cimus, consultò reuocamus, That which wee vnaduisedly haue done, wee aduisedly will reuoke and vndoe. And Sir for your part, it is very necessarie and expedient for you, that wee depose you in deede, because Tanto grauiora sunt tua peccata, quanto diutius infelicem animam detinent alligatam. So much more grieuous are your sinnes, by howe much longer they haue your vnhappie soule fettered with their boultes. To doe this, or the like, were in my simple vnderstanding, a noble and famous practise of a good and godly Byshoppe, labou­ring to procure peace and prosperitie vnto Ierusalem. What? may a Byshoppe depriue an honest poore man from his benefice, dispossesse a faythfull man of his mi­nisterye, stoppe the mouth of the Lordes watchemen, and imprison a paynefull teacher in the Clincke in case hee weare not a Surplesse, in case hee marrie not with a Ring, in case he crosse not in Baptisme, or in case hee subscribe not to euerie newe Article inuented by [Page 91] his Ordinarie? And may not the same Byshoppe, re­mooue a man that hath openly played the hypocrite, publikely falsifyed his worde; ympiously committed sacriledge, yea, and that which is worse, hath made an open mocke at the Lawe of GOD and deluded the Lawes of her Highnesse Empyre? Is the firste a law­lesse and rebellious PVRITANE, (I vse but their owne tearmes) and is the seconde a dutifull and loyall vassall? If a PVRITANE (as they call him) making conscience not to offende his God in any small thing, for his conscience sake bee worthie to bee whipped and excommunicated; is a Foolitane making no conscience to offende his GOD in all thinges, not worthy once to be summoned? Etrauag. de elec. c. cum dilectur. Concerning an olde obiection, per­happes by some olde Canoniste to bee obiected, that euerye sentence of the Bishoppe, whereby hee pro­nounceth anye man fitte and capable of the ministe­rye, is a definitiue and irreuocable iudgement, in case no appeale bee made from the same: though my for­mer aunswere were sufficient for the same election, yet to aunswere LAWE with LAWE: I answere, with the glosse, that propter aliquam causam post à emergen­tem potest quaeri, quia quae de nouo emerguut, nouo indigent aux­ilio; & ita semel probatus, iterum probatur & reprobatur. For some cause afterwardes arysing, inquisition may bee made: because thinges newly happening, doe want a newe supplie; and so one beeing once allowed, may a­gaine be allowed and disalowed.

And therefore to cōclude, if such as bee in authoritie, loue the peace & prosperitie of the Church of Christ: if they desire the good successe of the Gospel: if they will preserue the state of this Realme: if they thinke it ne­cessarie, to haue good Magystrates, to haue good Lawes and orders in a common wealth: If they esteeme learning, and seeke to prefer it: If they hate confusion: [Page 92] if they allow of their owne conditions, & like of a king­dome better then of a tyrannous state: then are they to prouide betime some speedie remedie for these & such like kinde of men, and such maner of abuses. And if the religion they haue established be good: if the or­ders and lawes they haue made be conuenient; it stan­deth them in hand, to see the same reuerently receiued and executed, and not openly to bee contemned and broken, without sharpe and seuere punnishment: they are not to suffer such as execute them not, to be vncon­troulled, vnrebuked, and vnpunnished: they are not to suffer such as speake for them, preach for them, call for them, and write for them, anie more to be checked, tan­ted, frumped and shopped vp: eyther let their lawes be lawes indeed, and maintained as lawes: or els deliuer vs from our dueties, in desiring their execution and obey­ing them.

If by these former conclusions, any shall surmise, that by them I slylie, and couertly, as one captious ouer the whole state of the Church, should insinuate no lawfull ministerie to bee in England, because some one of these points perhaps, haue bene & are daylie omitted in ma­king euen the beste men that are in the Mynisterie at this daye: I aunswer, touching as well the whol Church, as the learned and vnlearned minister: the preacher, and him that is no preacher: the pastour and him that is no pastour: I aunswere (I say) touching them all, as followeth. First, I confesse that our Lorde Iesus Christ hath a true Churche, and a faythfull spouse in England, receyuing the doctrines, and Sacramentes of Christe, publikely taught and administred in the Churche of England, wherein we haue ELIZABETH, by the grace of God, Queene of Englande, Fraunce and Ire­land, a foueraigne, a sole, and a lawfull gouernesse, in all causes, and ouer all persons, Ciuill and Ecclesiasticall. Moreouer I confesse that the doctrines deliuered vnto [Page 93] hir out of the word of God by the ministers, for the a­bolishing of all and all maner superstitions and abu­ses, retayned in the Church, and for the establishing of a perfect gouernement of the sayde Church, ought to be faithfully embraced, and diligently put in execution by his Maiestie, according to the prescript rule of the bles­sed worde of God. And againe, that the ministers ought euermore, in a reuerent and holy feare, to teach what so euer they know, to bee commaunded or forbidden by the same worde, and to shew the daunger as well to the magistrate, as to the people, if either or both of them shall be negligent, or remisse in the Lordes seruice. And againe that the people in all holy and honourable obe­dience, should yeeld vnto the magistrats, and ministers, all such loue, reuerence, feare, and obeysance herein, as the Lord by his sacred word prescribeth, and their own saluation requireth. Againe, that neither the magistrate without true instruction from the ministers: Nor the ministers without due authoritie from the magistrate, ought to wrest any thing into the gournement of the Church. For both offices, and gouernments, Magistra­cie, and ministery are very holy and honourable, & bee­ing seuerall, tend to seuerall endes, and bring foorth se­uerall euents in the administration and gouernment of the Churche: the one is the mouth: the other is the hand of God: the one by worde, the other by swoord, ought to execute the Lordes iudgementes in the Lords house. The Prophet Esay at the commandement of the Lord, teaching that the Princes of Iudah and Ierusalem, should cast away the rich ornamentes of gold as a men­struous cloath, did stay him selfe with the publishing of this his doctrine: he onely refourmed him selfe, and taught and exhorted others to doe the like. The Pro­phet Ieremy vsed onely this weapon of reformation. Of a truth sayth he, the Lord hath sent me vnto you, to speake all these wordes in your eares: he hath sent me [Page 94] to prophecie against this house, and against this Citie, al the things that ye haue heard: as for me, behold I am in your handes, do with me as ye think good and right. And though Iehoiakim the king, with all his men of power, the priestes and the prophetes slewe Vriah with the swoorde: yet ceased not Ieremiah to stande in the Court of the Lordes house, to speake vnto all the cities of Iudah, all the wordes that were commaunded him to speake, and kept not a word backe. 2 Kin. 23. 3. When Hilkiah the priest had found the booke of the lawe, and caused Iosiah to reade the same: it is written that the KING stoode by the piller and made a couenant before the Lorde, that he the KING, and the priestes, and the prophetes, and all the people both small and greate, should walke after the Lorde, and keepe his commaun­dementes, and his testimonies, and his statutes, with all their hearte, and with all their soule. And that the KING commaunded Hilkiah the high priest, and the priestes of the seconde order, to bring out of the Temple of the Lorde, all the vessels that were made for Baall, and for the grooue, and for all the host of hea­uen, and that the KING burnt them without Ieru­salem, in the fieldes of Kidron: and that the KING carryed the powder of them into Bethel: and that HE put downe the Chemerym, and that HE brake downe the houses of the Sodomites: and that HE brake the images in peeces, &c. When the spirite of the Lorde came vpon Azariah, to tell Asa and all Iudah, and Ben­iamin, that the Lorde was with him, whilest they were with him, encouraged them in their affliction, to turne vnto the Lorde God of Israell, for that their confi­dence and trust in him, shoulde not be frustrate, but haue a rewarde: Asa hearing these wordes of the pro­phet, was encouraged, and tooke away all the abho­minations, out of the lande of Iudah and Beniamin. And King Asa deposed Maachah his mother from hir [Page 95] regency. And Asa brake downe hir idoll, and stamped it, and burnt it at the brooke Kidron: 2. Chro [...]. and king Asa did all these thinges at the councell of the Prophet. Neither can the holy doctrine of the Gospell, be sayde to be repugnaunt herevnto. God is euer more one, and the selfe same God in all ages: he is euermore the au­thour of peace and order, not of discord, or disorder. If therefore the Lord, haue not yet gratiously opened hir maiesties eyes, to vnderstand all & singular misteries of his Testament: or if he will some blemish to remaine in the gouernment of a faithfull Queene, vnder the Gos­pell, as it pleased him to haue blottes in the raigne of good kings in the time of the law: or if he will that the aduersaries of Iudah and Beniamyn, hyre counsellers to trouble their building and hinder their deuise, all the dayes of Cyrus: or if he will the Temple to be built in the dayes of Esra the chiefe priest, but the walles to be reedified by a Eliashib and his brethren: or if he will haue his Church tary his holy leasure, and appoynted time: or if he haue any other glorious purpose to work in our dayes by hir highnes: what is that to him that is a minister of the Gospell? Onely it behooueth him to be a faithfull Steward in his function. For an woe hang­eth ouer his head if he preach not, because necessitie is layde vppon him. And let him be assured, that whatso­euer is either bounde or loosed by him in earth: the same is bounde and loosed by the Lorde in heauen. The repentaunt and faithfull shall be forgyuen: The obstinate and impenitent shall bee hardened. And thus hauing deliuered my mynde touching these thinges, which otherwise by synister construction, might haue beene daungerous to my selfe, and offen­siue to others. Touching the former cauill, I answere as followeth. First, I confesse that euery one meete and apt to teach: that euery one qualified as is requisit: that euery one mooued inwardly by the holye Ghoste, [Page 96] and outwardly called and appoynted by the bishop, ha­uing authoritie by the order of this church of England in this behalfe, is in deed & by law, a minister. First, be­cause he is indeed & truth a messenger, sent & appoyn­ted to this office by the Lord him selfe. Secondly, he is a minister by the law of this land. For the state of this man, learned, qualified, and inwardly called: and the state of the vnlearned, & vnqualified, and not inwardly mooued, differ as much as light & darknes. For where the life, the learning, the conuersation, the paines of the former, doe appeare in deede to be sincere, sufficient, honest, and diligent, euen such as the law it selfe requy­reth should be in him, and so the ende of the law satisfi­ed in that behalfe, in this case, and for this man, there is a presumption Iuris & de iure, of law and by law, that in his outward calling, and triall, &c. all thinges requyred by lawe, were accordingly perfourmed by the bishop, and so he a lawfull minister. But touching the other man it is quite contrarie, and therefore this presumpti­on by law must cease. Glos. extra­uag. de pre­bend cum secundum Apostolum verdiceat. For where his life, his learning, his conuersation do appeare manifestly to be vile, corrupt, and vnhonest, and not such as the law requyreth, and so the law frustrated, in this case there is a presumption, Iuris & de iure, of lawe and by lawe against him, that he came to his office per surreptionem, by stealth and vnor­derly. Letters obtayned for enioying benefices vntill it appeare, they were obtayned, either veritate tacita, or fal­sitate expressa, truth concealed or falsehoode expressed, are good and to be obeyed: but if afterwardes, either of these appeare, they shall bee accounted surreptiti­ous and voyde. A Bull or dispensation from the Pope authentically sealed, is presumed to haue beene got­ten bona fide, in good faith: but if in the tenor there­of appeare false latine, it is then presumed to haue been obtayned per surreptionem. A sentence giuen by a iudge is presumed to be a iuste iudgement, and euery one for [Page 97] the authoritie and reuerence of the Iudge, ought so to deeme of the same. But in case the matter be appealed, and there be found a nullitie in his processe, the former presumption ceaseth, and the sentence as an iniurious sentence, is to be reuersed. In like maner, if a Bi. should make an hundreth ministers in one day, for the autho­ritie and reuerence of the bishop, and the good opini­on I ought to conceiue, of his vpright and sincere dea­ling, of his holy religion and feruent zeale to the lordes house (were I absent and sawe not his proceedinges to be contrary to law) as I ought, so I trust I should both esteeme his doinges therein, to be lawfull and orderly, and also reuerence those whom he had so made, as mes­sengers sent from the Lord. But if afterwarde, when a­ny of them shall come to execute his office of ministe­rie: when he came to teach the people, he shoulde then manifest him selfe to be but an Hipocrite, but to haue fayned a certaine kinde of holinesse and zeale, when he shall him selfe discrie his owne vnablenes, and displaye his wantes: were it reason that hauing now by mine owne experience, certaine knowledge of his misdemea­nour, and vnhonest conuersation, of his vnaptnes and vnskilfulnesse, and of his ignoraunce, I should presume notwithstanding, that he was at the first orderly called and examined, & found to haue such qualities as were requisite? But to aunswere another obiection, concer­ning the administration of the sacramentes by these kinde of men, and execution of their offices, because hitherto no controuersy hath beene moued, touching the validity of their calling, of their state and condition, and because, Cum incertum est aliquid, perinde est ac sinec il­lud sit. Whē any thing is vncertain, the same is as though it were not at al: Cod. de test. lib. 1. That therefore (I say) as wel in this case, & and in this respect, as also propter communem vtilitatem, & publicum errorem, for common vtilitie, & a generall error, the thinges done by them, are rightly and duely done.

Cod de sen­tent. & in­terlo. iud. l. si Arbiter. SI ARBITRER DATVS a magistratibus cum sententiam dixit, in libertate morabatur, quamuis postea in ser­uitutem depulsus sit, sententia tamen ab eo dicta, habet rei iu­dicatae authoritatem. If any arbiter giuen by the magistrate, were a free man, when he gaue sentence, though afterwarde the same Arbiter be brought againe into seruitude, the sen­tence notwithstanding giuen by him, hath authoritie of iudge­ment. And againe. ff. ad Maced. [...] si quis. Si quis patremfamilias esse cre­diderit, non vana simplicitate deceptus, nec iuris ignorantiae, sed quia publicè patremfaemilias pleris (que) videbatur, sic agebat, sic contrahebat, sic muneribus fungebatur, cessabit senatuconsul­tum. If any shall thinke one to be a father of any houshold, not de­ceauing him selfe thorow a vaine simplicity, or ignorance of law, but because he seemed to many to be a father of an housholde in­deede, he did as a father of an houshold did, he did couenaunt, he executed offices, &c In this case the Senates decree shall cease. And againe. ff. de supp. l. leg. l. 3. Hod è propter vsum imperatorum si in argento relatum sit candelabrum argenteum, argentum esse videtur, & errorius facit. Now a dayes (because of the vse of Emperours) if a siluer candlesticke, be accounted amongest his money, it s [...]e­meth to be money: and this errour maketh law, &c. And a­gain. Serui liberi non in hac causa tractari oportet, cum eo tem­pore, quo testamentū, &c. When a testament is to be prooued by witnesses, it is not materiall whether the witnesses be bond or free at the time they be produced, if at the time that the Testament was signed, they were by consent of all, reputed in the place of free men, and that no man at that time mooued any controuersie of their estate. Digest. do officio. prae­toris. l. bar­barius. Propter publicam vtilitatem & communem errorem, praetura seruo decreta, &c For publike vtilitie and a general errour, a Pretorship giuen to a bondman, maketh him Pretor: businesse dispatched by him are of force, and he made a freeman. And therefore I aun­swere, that thinges heretofore done, and executed by our idoll ministers, by law to be rightly and duely ex­ecuted. And yet notwithstanding I vrge still, that they are not in trueth any lawfull ministers, and that they [Page 99] ought, and maye iustly be deposed from their ministe­ries, and depriued from their benefices. An Arbiter reputed to be a freeman, if in truth he be a bondman, obtayneth not by this common opinion, or by giuing iudgement, his freedome and libertie, but continueth still a bond man vnto him, whose bond man he was, be­fore any iudgement giuen by him; or that anye suche fame went of his freedome, the decree of the Senate ceasseth against me, for contracting with one vnder rule and gouernement, so long as he is generally reputed to haue power and authoritie ouer himselfe: but if I wil­lingly contract with him afterwardes, it shall appeare, that in deede he was a Sonne vnder the guarde and tu­ition of his parentes: then the decree shall be effectual, and take place against me. Witnesses at the time of signing anye Testament commonly reputed freemen, after a controuersie mooued of their estate, maye in o­ther matters be refused, as vnlawfull witnesses. For though common errour make a lawe in respect of pub­like profit, yet common errour plucketh not from any priuate man, the possession or interest of his priuate goodes. And therefore though Barbarius Philippus in that the people decreed vnto him the Pretorshippe, vvas by the decree made a Freeman, (the people of Roome hauing authoritie to make a Freeman): yet for that he was in deede a seruaunt fugitiue from his maister, his maister was by lawe to haue the price of the same his seruannt at the peoples handes: muche lesse can common errour of a fewe in authoritie, or a common errour of a fewe in their owne right, barre the publike wealth, or the Churche from a publike benefite due vnto them. But there is a defence com­monly vsed by some, to excuse the Bish. and to exempt them from iuste reprehension, for placing vnlearned men in benefices. The Patrons (say some) are couetous, they will present none, but such as from whome they may [...] [Page 102] lawfull for me a poore Gentleman in the countrey, ha­uing the patronage of a benefice, to bestowe the same vpon some honest poore man, conditionally to let me haue the profites thereof at a reasonable price, allow­ing him a resonable stipend for his seruice and paines in the ministerie, though he cannot preach; as it were for me to giue the same benefice vnto you an Oxen­ford man, and a great scholler and able to preache, and yet will not, or doe not preach? Is it not as lawfull for me to place such a one (as I haue spoken of) in a bene­fice of my gift, and to allowe him his wages sixteene or twenty pound by the yeare, and to get quarter sermons preached for him: as it were lawful for you (had I frank­ly bestowed the same benefice vpō you) to hire the same person, or some other more ignoraunt, and to giue him lesse wages, and scarcelie to preache quarter sermons your selfe? Had not this man sodainely beene strooken dumbe and dead as a doore nayle, you shoulde as well haue heard his reply, as you haue read the demaunde. And in good sooth what greater losse, and hinderaunce hath the people of W. by an vnlearned mā, their parson not preaching, and hiring out his benefice to his patrō for 15. pound by the yeare, then hath the people of P. by a learned mā, their parson not residēt, not preaching, and hiring out his benefice of the same valew to his cu­rate for 40. pound by the yeare? Surely, as there cōmeth no greater good to the people of the one place, by the one, then commeth to the people of the other place, by the other: so is the one both lesse hurtful to the cōmon weale, & also lesse sinful to the lord, then the other. Lesse hurtful, because the pore & needy of the one, haue oft a good sliuer of bread: a good dish of drink at the patrōs doore, yea sometimes, a good meales meat at his table, and a good fier in his hall. But touching the Hospital­litie and housekeeping of a non resident, his Kitchion Chimneis, are euer like the Nose of a Dog, euer colde, [Page 103] neuer warme; his Baylye playeth Sweepe Stake, hee purseth his Wheate in a Six peny Bagge, and carryeth his Barley in a little Budget, sometimes Forty Miles, sometimes an Hundred, sometimes three hundreth from his Parsonage: yea out of Ireland into Cambridge, out of Ʋ Ʋales into Oxenford: from beyonde Lincolne to Salisbury: from besides Leycester to Comberland: from Malburne to Harley: Lesse sinfull to the Lorde, because the Patrone enioyeth his right by couenauntes and good will of him, that by Lawe is reputed the lawfull person, and whome he hath presented: yea oftentimes also, with the consent of the people, whose Clearke they willingly receiue to be placed amongest them. But the person Nonsident, against his promise to his patrone, a­gainst his oth to his Ordinary, without consent of the people, against the law of man, & against the Ordinance of the Lord, robbeth & spoileth the people of the tenth of their labours, & liueth idely, by the sweate of other mens brows. But to let passe the aunswere made before to the Pluralitie man; and to speak no more of the By­shops owne wilfull negligence in making vnlawfull mi­nisters, & that therfore, hee hath no cause to complaine against patrones for preferring vnlawful men to benefi­ces, whō he hath vnlawfully preferred to so hie offices, & therefore not to be pitied, in case by law he were puni­shed, because he should haue looked before hee had lea­ped: I say to let this passe, yet the obiection made before in their defence, is an obiection in truth not to be obie­cted. The trial of the ability of the person presēted, whe­ther it consist in learning or in life, is and euer hath bene onely in the authority of the Church, and neuer in the power of the Laitye. Authent. de sanct epis. §. clericos. col. nona. First touching the enquirye of their ability for learning, (to leaue to speake of the Ca­non Lawe, which altogether attributeth the same vnto the cleargy) the ciuill law, and the Canon Lawes of this realm, agree herein together, and attribute the enquiry [Page 104] thereof to the cleargy onely. The Ciuill law sayth thus: Authent. vt clericus qui reced § illud quo (que). coll. quint. If they which are chosen by them as men vnworthy, be forbidden to be ordeyned, then let the most holy B. procure such to be ordei­ned, whom he shall thinke meetest. And thus we decree moreouer, that thing to belong to the honour and worship of your seate, that none buylding a Church, or otherwise bestowing almes vpon them that minister therein, bee thus bolde, as by power to bring vnto your reuerence, men to be ordeyned: but our minde is, that by your holinesse and iudgement, they be examined touching the I­doneitie of a parson presented to an Ecclesiasticall benefice, by the lawes of the Realme, the examination of him likewise pertayneth to the Ecclesiasticall iudge, and so it hath been hitherto vsed, and so let it be done hereafter. Articuli. cle­ric. c. 13. And againe, Where the Ordinarie refuseth the Clearke for non abilitie which is in issue, and the Ordinarie is partie, that shall not be tryed by him, because hee is partie, but by the Metrapolitane if the Clearke bee aliue, and if hee bee dead, then by the Countrie where the examination was had. 39. Ed. 3. fol. 1. Brooke title Triall. 25. case. And againe. Where the Ordinarie after the patron hath presented, doth inquire and finde the Clearke to be criminous, and the time of the lapse by this meanes passe, there he shall not make any collation by lapse, but first giue notice vnto the partie, if he be a layman, but contrariwise, if he be a spirituall man, note the dif­ference, For he may know his owne Clearke. Brooke, Ti­tle Notice. 6. case. But were it so that the Laietie had power therein, and that the Arch­bishop were excluded: Yet if the bishop after he were compelled by processe from any of her highnesse tem­porall Courtes of iustice, to admit an vnable Clearke, did foorthwith call this vnable Clearke into his con­sistorie, and obiect againste him his vnabilitie, and for the same degrade him of his office: What remedie had the same Clearke, against his Ordinarie in this case? Hee beeing once deposed from his office by his Or­dinarie, the common lawes shoulde haue nowe no re­medie to helpe him, he beeing no more to be called a Clearke, and therefore not to bring any writ, or com­mence any sute againste his Ordinarie in the name of a [Page 105] Clearke. But we will conclude. Since the statute of 25. Henrie 8. hath authorized all Canons, constitutions, and Synodalles prouinciall, made before that statute, not be­ing contrariant or repugnaunt, to the lawes & customs of the Realme, nor derogatorie to her Maiesties prero­gatiue Royall to be nowe in force and executed: and al­so since these Canons, constitutions, and Synodalles pro­uinciall before specified, were made before the sayde Statute, and be not contrariaunt, nor repugnant to the Lawes and customes of the Realme, nor derogatorie to her highnesse prerogatiue: yea, since they are agreeable to the Lawes and vsages of the Realme, and vpholde her prerogatiue Royall: And since by these Canons, and other acts of Parliament, and her highnesse iniunctions, it is euident, that men learned; that men apt and meete to teache, are to be placed ministers in the Churche, and that men vtterly vnlearned, and such as can onely read, to say Mattens or Masse, are not to be admitted: That therefore a learned Ministerie is commaunded by the Lawes of England: And if so, then an vnlearned Mini­sterie forbidden by the same lawes: and if so, then by the same Lawes, such penalties and corrections, to be laide & inflicted vpon the contemners of the said Lawes, as by the sayd Lawes are wholesomly prouided againste such wilfull Lawe breakers.

¶ Dispensations for many benefices vnlawfull.

Extra de cle. non residen. c. quia non­nulli. &c. 1. de consuet. lib. 6. QVIA NONNVLLI, &c. For as much as some putting no mea­sure to their couetousnesse, endeuour to take many Ecclesiasticall digni­ties and many parrishe Churches a­gainst the ordinances of holy Canons, and beeing scarce able to discharge one office, yet notwithstanding chal­lenge vnto themselues stipendes due vnto manie: wee straightly commaunde, that henceforth this a­buse be not any more permitted: And that whēsoeuer any Church or Ecclesiasticall ministerie, ought to be committed: we will, such a parson to be sought that may bee resident in the same place, and discharge the cure by himself. And if any thing shalbe done other­wise; let both the receiuer lose that, that he hath so receiued, and let the giuer be depriued of power to giue againe. Out of which prohibition these conclusions may be made.

• 1 Whatsoeuer tendeth to the mayntenaunce of co­uetousnes is vnlawfull:
• 2 But to suffer one man to enioy many benefices ten­deth to the maintenance of couetousnes:
• 3 Therefore for one man to haue many benefices, is vnlawfull.

• 1 Whatsoeuer is contrary to the holy Canons, is not to be tollerated:
• 2 But for one man to haue many Churches with cure of soules, is contrary to the holy Canons:
• [Page 108]3 Therefore, for one man to haue many Churches with cure of soules, is not to be tollerated.

• 1 Whosoeuer taketh vnto himselfe, the stipende due vnto many, the same doth commit an vnlawfull acte:
• 2 But he that taketh vnto himselfe many benefices, taketh the stipends due vnto many:
• 3 Therefore he that taketh vnto himselfe many be­nefices, doth commit an vnlawfull act.

• 1 Whosoeuer is scarce able to discharge his office in one place, is not to haue the office of many com­mitted vnto him in many places:
• 2 But he that hath the cure of soules commited vnto him in one place, is scarce able to discharge his duetie in that one place:
• 3 Therefore hee is not to haue the offices of many committed vnto him in many places.

• 1 Whatsoeuer is an hinderāce to him that hath cure of soules to be resident, and to discharge his cure by himselfe, the same is not to be suffered:
• 2 But for one man to haue many benefices, is an hin­derance for him to be resident, and to discharge his cure by himselfe:
• 3 Therefore it is not to be admitted, that one should haue many benefices.

Againe:

Etrauag. de prebend quia in tan­tum. QVIA IN TANTVM, &c. Because the ambition of some hath spread it selfe so farre, as that they are saide to haue not onely two or three, but many Churches, being not able duely to serue two: we with the consent of our brethren and fellow bishops, command that this be reformed. And because the multi­tude of prebends, euen an enemie to the Canons, is an occasion of a dissolute and gadding ministerie, and conteyneth a manifest pe­rill of soules, we will therefore prouide to supplie the want of such as are able to doe seruice in the Church. The reasons of which de­cree, may thus be framed. [Page 109]

• 1 Whatsoeuer is or maye be a meane to maintaine ambition, is not to be tollerated,
• 2 But for one man to haue manye benefices, is a meane to maintaine ambition.
• 3 Therefore for one man to haue many benefices, is not to be tollerated.

• 1 Whatsoeuer ministreth matter for a gadding, ro­ging, and dissolute ministerie, is not be tollera­ted.
• 2 But for one man to haue manye benefices mini­streth matter for a gadding, a roging and a dis­solute ministerie:
• 3 Therefore for one man to haue many benefices is not to be tollerated.

• 1 Whatsoeuer contayneth perrill of soules is not to be tollerated:
• 2 But for one man to haue many benefices contay­neth perrill of soules:
• 3 Therefore for one man to haue many benefices, is not to be tollerated.

• 1 Whatsoeuer is cause, that such as are able to doe seruice in the Church, doe want and so are kept backe from doing the Church good, is not to be tollerated.
• 2 But for one man to haue many benefices, is a cause, that diuers able to do seruice in the church doe want, and so are kept from doing good:
• 3 Therefore for one man to haue many benefices is not to be tollerated.

Againe:

Extrauag. de electio. ca. dudum. 2. vnde &c. Extrauag. de prebend. ca. de multa. VNDE CƲM IN EODEM, &c. Sithence therefore it is ordayned in the same councell, that whosoe­uer shall receaue any benefice with cure of soule annexed, if be­fore he obtayned the like benefice, should by law it selfe be depri­ued of the same, and should also be spoyled of the second, in case he contended to hold the first, the foresayde elected notwithstan­ding [Page 110] breaking these ordinaunces by the pluralitie of benefices, doth incurre himselfe these vices, which he shoulde improoue in others, euen couetousnesse and breach of lawe. And by retay­ning benefices which belong not vnto him, for so much, as vppon the receit of a seconde benefice, the former by lawe is meerely voyde, he hath by consequence contracted an other mans goodes, and so committed theft or rauine; he retayneth moreouer the sayde parrishe Churches, both to the detriment of his owne sal­uation, and the health of other mens soules, for so much as he be­ing by lawe it selfe depriued from these benefices, the cure of their soules, did no more belong vnto him, and so were they dam­nably deceiued. Out of which constitution one other conclusion may thus be gathered.

• 1 Vniustly to take that which belongeth to an other man, and so after a sort to commit theft or ra­uyn, is vnlawfull, and not to be tollerated:
• 2 But he that hath many benefices, doth by vniuste meanes take to him selfe that, which belongeth to an other, and therefore after a sort commit­teth theft or rauyne:
• 3 Therefore, &c.

89. Distinc. c. singula. ECCLESIASTICI IVRIS officia singulis qui­busque personis sigillatim committi iubemus, &c. We com­maunde sayth he, that singular offices belonging to the right of the Church, be committed seuerally to singular persons. For, as in one body we haue many members, and all members haue not one office, so in the body of the Church, there are many members according to the true saying of S. Paule, in one and the same spi­rituall body, this office is to be committed to one, and that office to an other, neither is the charge of two thinges to be commit­ted at one time to any one person, be the sayde person neuer so cunning or expert. For if all were the eye, where were then the hearing. For as the varietie of the members, hauing diuers offices, both keepeth the strength of the bodie, and preserueth the [Page 111] beautie thereof: Euen so diuers persons hauing diuers functions, distributed vnto them, make manifest the strength and comeli­nesse of the whole Church. And, as it is an vncomely thing in the body of man, that one member should doe his fellow mem­bers office: Euen so is it hurtfull and most wicked, where the mi­nesterie and function of seuerall things, shall not be distributed to so many seuerall persons. And in an other Chapiter. Let no El­der haue two Churches, both because it is a proper kinde of mar­chandize, and filthy gayne, and also altogeather contrarie to the custome of the Church. 16. q. 7. c. per Laicos. in si. From whence I conclude thus:

• 1 Whatsoeuer is contrary to a good custome of the church, is not to be tollerated.
• 2 But for one Cleark, to be placed in two benefices, is contrary to the good custome of the church:
• 3 Therefore for one Clearke to be placed, &c.

• 1 Whatsoeuer is a proper kinde of marchaundize, and filthy gaine, is to be auoided in the church:
• 2 But for one man to haue many benefices, is a pro­per kinde of marchaundize, and filthy gayne:
• 3 Therefore, &c.

• 1 Whatsoeuer is vndecent, and vncomely in the Church, is vnlawfull:
• 2 But for one man to be placed in two benefices, is vndecent and vncomely:
• 3 Therefore for one man to be placed in two bene­fices, is vnlawfull.

BEside these Canons, there are many mo establishing the not hauing of many benefices for one man: but to recite all, were a labour superfluous, considering the effect of al, is contained in these. And yet Octobones pro­uinciall constitution, wherein diuers other absurdities, thē wherof mention hath ben yet made against the vn­lawful retinue of many benefices, are expresly all eaged, is not amisse to be repeated, Who sayth as followeth.

Octob. de inst. seu col­lat. cap. 2. EX HIIS AVTEM. &c. We suffice not to speake, how great euils proceed out of these pluralities vnto the church: For by them the honestie of the church is defiled: Authoritie is naught set by: the faith of Christ is troden vnder foote: loue is banished, the hope of the poore expecting any voyde benefice is frustrate: The miserable and blind sinner boasting himselfe as a guide, doth not so much receiue, as steale that, that belongeth not vnto him. Among the rich themselues also strifes and con­tentions arise, braules and enuies are nourished. And for this cause we chiefly feare the fire of God his wrath, to haue beene kindled against men of such rule, and for the offences of some to haue sent a feare or reuenge against all, and whilest we see no­thing so perillous, we feare such or greiuouser thinges in time to come, vnlesse God by his mercie respecting vs shall lay to some wholesome remedie. If the disease and maladie of plura­lities, in time of ignoraunce and superstition was such, 5. P. 2. that the blinde leaders of the blinde, had their eyes in their heades to see the infection ther of to be most per­rillous, as well to their synagogue, as to their common weare: how is it possible, that plurified men in the time of the knowledge and truth of the Gospell, should find any meanes, to escape the fyre and reuenge which the idolators feared. And not onely these Canons and pro­uincials, but the statute lawes of Englande also made a­gainst these excesses, prohibite likewise the hauing of mo benefices, as appeareth by an Act of Parliament, made the 21. yeare of Henry the 8. the tenor whereof ensueth. [And be it enacted that if anye person or per­sons, hauing one benefice with cure of soules, beeing of the yearely valew of 8. pound or aboue, accept and take any other with cure of soule, and be instituted and in­ducted in possession of the same, that then and imme­diatly after such possession had thereof, the first bene­fice shall be adiudged in the law to be voyd: And that it shall be lawfull to euery patron, hauing the aduouson therof to present an other, & the presented, to haue the [Page 113] benefite of the same in such like maner and forme, as though the incumbent had dyed or resigned: Any li­lence, vnion, or other dispensation, to the contrary here of obtayned notwithstanding: And that euery such li­cence, vnion, or dispensation, had or hereafter to bee had, contrary to this present Act, of what name or names, qualitie or qualities soeuer they be, shall be vt­terly voyd, and of none effect]. As touching any other Canons made and in force, before 25. Henry 8. allow­ing certayne immunities, priuiledges and dispensations to be graunted, for the possessing of many benefices & parrish Churches rightly vnderstood, are no way preiu­diciall vnto these former ordinaunces. For in thinges depending vpon the meere disposition of man, though the magistrate haue authoritie, as well generally to for­bid and prohibite, as also in some cases besides the said law, to licence and dispence: Yet concerning the mat­ter of pluralities, it will not be found. Pluralistes (I con­fesse) and their abettours, ground their assertions vpon these and such like rules following: viz. Eius est destru­ere, cuius est construere: eius est interpretari, cuius est condero: Papa qui ius condidie, est supra ius, maiorem enim retinuit pote­statem. &c. That is, To him it belongeth to pul downe, to whom it belongeth to set vp: and the interpretation of the lawe, belongeth to the lawe maker: the Pope that made the lawe, is a boue the law, because he hath retai­ned a greater power to himselfe, then he hath giuen to the law: The pope hath a fulnes of power to dispose of benefices at his pleasure. And therefore say they; As Churches were at the first by Law positiue, both foun­ded and distinguished: so may they againe by the same lawe positiue, either be cleane taken away, or vnited. Which vnnecessarye and sophisticall consequence, is simply to be denyed. First, for those former rules, gene­rally vnderstood without limitation and distinction, be either vtterly false, or els contrary and repugnant to o­ther [Page 114] principles of lawe. Againe, concerning these or anye other like generall conclusions in lawe, I aun­swere and that by an vnfallible maxime in lawe that no rule, can be so generally giuen in thinges of meere pollicie and disposition of man, onelye deuised by man, (of which sort these former rules are) that receiueth not some limitations and restrictions. And that therefore these principles, whervpon the foundation of pluralities is layde, beeing weake, and easilye shaken with a little blast of mans witte, can not stande or haue anye sure setling, in as much as againste the same, many challenges may be made, and many exceptions taken. Secondly, the foresayd co­herence followeth not, for twoo apparant and princi­pall fallacies contained in the same, as afterwardes shall be manifested. But first, touching these rules before mentioned; Eius est destruere cuius est construere, &c. He may breake a law, that may make a law, the same is not alwayes true. It taketh no place, Vbi causa prohibiti­onis est perpetua, Where there is a perpetuall cause of a prohibition: For then the cause beeing perpe­tuall, the prohibition ought to bee perpetuall. Quia perpetuam habet causam prohibitionis, nulla est obligatio. Because it hath a perpetuall cause of prohibition, there is no obligation. ff. de verb. oblig. l. si sti­puler in id & glos. extra de simo. c. si quis. ver iu­ramentum. As for example: the reason and cause of prohibition againste murther, theft, ra­uine, blasphemy, is perpetuall, and therefore the lawe againste murther, theft, rauine, and blasphe­mye, ought to be perpetuall: And therefore man ha­uing once made lawes againste these vices, it is not lawfull for man afterwardes, to dispence with these vices, or by licence to warrāt any man to steale, to kill to spoyle, or to blaspheme. For whosoeuer shall in this sort dispence with a lawe, the same also may dis­pence with the reason of the lawe, and so with the soule and life of the lawe, and so make the lawe a [Page 115] vayne and dead lawe. Ratio legis est anima legis, The rea­son of the law, is the soul and life of the Lawe: & therefore as none maye dispence with the reason of the law, or take away the soul & life of the law: so none may dispence with the law, or take away the law. Now for as much as it is not lawfull for all the Princes in the earth, to change or dispence, or take away the reasons and causes of the Lawes prohibiting many benefices: Therefore it is not lawfull for them to chaunge, or dis­pence, or take away the lawes against pluralitites. The reasons vvherevppon pluralities are forbidden, are reasons taken from the lawe of nature, and from the equitie of the lawe of God: Institutio. de iure. nat gen. & ci. § sed naturali [...]. but none can alter or take awaye the lawe of nature, or dispence with the lawe of God: therefore none can alter or impugne or dispence, with the reasons of either of them. For as the lawe of nature is immutable, so is the reason of the Lawe of nature immutable: and as the vvill of GOD is vnchaungeable, Iam. so is the equitie of his Lawe vnchaungeable to. If then naturall reason be the cause and soule and lyfe of a naturall lawe, and the will of God the onely cause of the Lawe of God, and his onely will the rule of all iustice vnchangeably, none can challenge authoritie, to change or dispence with the Law of nature, or with the lawe of God, but hee must foorth with challenge authoritie to dispence both with the reason of the Lawe of nature, and with the pleasure and will of God. And theeefore out of the premises I conclude thus.

• 1 Wheresoeuer the cause of a prohibition is per­petuall, there the prohibition ought to be per­petuall:
• 2 But the cause of the prohibition against plurali­ties is perpetuall:
• 3 Therefore the prohibition ought to bee perpe­tuall.

[Page 116]

• 1 Euery law grounded vpon the reason of nature & the equity of the law of God is immutable:
• 2 But the lawes prohibiting pluralities, are groun­ded either vppon the reasons of nature, or vp­pon the equitie of the law of God:
• 3 Therefore all the lawes prohibiting pluralities are immutable.

Institut. de iure natu. gent. & ciui. § sed natura­lia. THe first proposition of the firste syllogisme hath bene prooued already: the first proposition of the 2. syllogism is manifest, Omnia naturalia sunt immutabilia: All naturall things are immutable, Iames. and there is no alte­ring or shadowing by turning with the almighty. The second proposition of either syllogisme shall be many­fested by that that followeth. But first to aunswere the falacies before spoken of, because pluralities are not forbidden by law positiue of man alone, but prohibi­ted also by the lawe of nature, and by the lawe of God: therefore it followeth, that they may not be tollerated by law positiue of man alone. And therefore if plurali­tie men woulde fitly argue to conclude their purpose, they should frame the same after this sort.

• 1 Whatsoeuer is prohibited by the lawe of man a­lone, the same by the law of man alone, may be licensed againe:
• 2 But pluralities are forbidden by the law of man a­lone:
• 3 Therefore they may be licensed by the law of man againe.

THe second proposition of which syllogisme beeing vtterly false, you see euidently, wherein the conclu­sion halteth, and the fallacie consisteth, and therefore I conclude against them thus. [Page 117]

• 1 Whatsoeuer is forbidden by the law of nature, and by the Law of God, the same cannot be licensed by the law of man alone:
• 2 But pluralities are forbidden by the law of nature, and by the lawe of God:
• 3 Therefore they cannot be licensed by the Lawe of man alone.

And againe.

• 1 Whatsoeuer ratifieth a thing monstrous and a­gainst nature, the same may not be priuiledged by the law of man:
• 2 But dispensations for Pluralities ratify monstrous things, and things against nature.
• 3 Therefore dispensations for Pluralities may not be priuiledged by the law of man.

THE seconde Proposition of the first Syllogisme, shal be prooued in his place. The second Propositiō of the last Syllogisme, I prooue from the etymology or discription of a priuiledge or dispensation: for a priue­ledge, & a dispensation in effect signify both one thing. Glos. lib. 6. de rescript. c. vers. in principio. Extra. de iudic. c. At si clerici. § de adulteriis. Priuilegium dicitur, quod [...] contr [...] commune in fauo­rem aliquarum personarum super prohibitis disponsatur, quia permissa, iure communi expediuntur, prohibita vero dispensatione egent. A priuiledge is saide to be that, that for the fauour of certayne priuate persons, commeth foorth agaynst common right [...] things prohibited are dispensed with, because thinges permitted are dispatched by common right, but thinges forbidden require dispensation. By which discriptions of a Pryueledge and dispensation, it is apparant, that a Priueledge and dispensation for plu­ralities, must license and authorise that, that the Lawe against Plurality doth infringe and disalow, and so be a Lawe contrariant, and repugnaunt to the Lawe against Pluralities: but the Lawe against Pluralities, is the Lawe of nature and the Lawe of God. Therefore a Priueledge or dispensation for Pluralities, is against the Law of na­ture, [Page 118] & against the lawe of God: a more monstrous law was neuer established. Now that pluralities are forbiddē by the Law of Nature, & by the lawe of God, which was the second Proposition of my first Syllogisme, I prooue thus. All the reasons, whereupon the positiue Lawe of man against Pluralities was first established, are taken and drawne from the Lawe of Nature, and from the Lawe of God: The reasons and causes of the prohibi­tion are these: First the auoyding of couetousnesse, of Ambition, of Theft, of Murther of Soules, of a Disso­lute, a roaging, and a gadding Mynistery: the necessi­ty of comlinesse and decency in the Church, are speciall and primary causes for the prohibiting Pluralities: but all these are forbidden or commaunded by the Lawe of God: therefore the causes of the prohibition of Plura­lities, are grounded vppon the will of God, and there­fore immutable, and therefore not to bee dispensed with. Againe: for one man to haue the Stipends of ma­ny men: for one man not able to discharge his duety in one place, and yet to haue many chardges in many places committed vnto him: for one man to hinder a­nother man from ordinary meanes to doe good to the Churche: all these causes I say are seconde causes for the prohibition of Pluralities: but all these causes are causes of reason and nature, therefore by the Lawes of reason and nature, Pluralities are forbidden: and therefore not to be dispensed with, no more then theft or murder or blasphemy may be dispensed with. And if Antichriste thinke it Theft, Rauine, Couetousnesse, Ambition, Pride, Murder of soules, for one man to haue many Benefices without dispensation: if Antichrist ac­count the hauing of many benefices without dispensa­tion, to be a meete meane, to maintain a roauing, a gad­ding, and a dissolute Ministery: to foster extortion and vnlawfull gaine: what shall the seruauntes of the Lorde Christe, the sonne of the most highest, whom he ha [...] com­maunded [Page 119] to be holy and perfect, as his Heauenly Father is per­fect, defend all these horrible sinnes and impieties tolle­rable by dispensation? Can a dispensation from a Pope, or an Archbishop make theft no Theft? rauine no ra­uine? Couetousnesse and Ambition, no Couetousnesse and no Ambition? I speake herein to Christians, which ought to maintaine the Law of Christe, against the lawe of Antichrist. For I know some of the Popes Chapleins, grounding themselues vpon these rules of Law, wherof mention hath beene made before, and giuing vnto the Pope Merum imperium, an absolute power on earth, wil affirm, that the pope can make Nihil ex aliquo, and aliquid ex nihilo. Nothing of somwhat, & somewhat of nothing. Vid. gloss. Extra de confes. pre­bend. c pro­posuit. vers. si prā. ius. Sinne to be no sinne, & no sinne to be sinne. These blas­phemies they spue out, & these blasphemies they main­tain, that think they may be theeues & murderers & ex­tortioners by dispensation. §. Apostoli dispensat 34 distinct. c. lector. And such are plurified men by their own plurality laws, as shal further be manifest­ed: For as to the making of euery generall and publike ordinance & constitution, it is necessarily required, that the same tend, first to the aduancing of the honor, praise & glory of God: Glos in c. non est ex­tra. de voto vers. autho­ritate. secondly that it be profitable & expe­dient for the peace and safety of the weal publike: euen so, euery superiour & Potentate, to whom authority by law is giuē (in some cases) to graunt priueledges, ought in the same cases to obserue the like conditions & cir­cumstances, to the end their said priueledges may be a­uailable & take effect, without the dishonouring of God and preiudice to their country and people. For, though a Dispensation be but a fiction in law: yet is that fiction indeede, of as greate force and efficacie in that feyned case, and worketh as great effect, as the trueth of the Lawe it selfe in a case of trueth: Cod. de coll. dec. l. liberos And by Lawe it is all one in effect, whether I enioy anye Benefite by priue­ledge, or by common right. And therfore as a law pub­like, must be equal, honest, iust, possible, agreeable to the [Page 120] Country, place and time, necessary, profitable, not writ­ten for any priuate commodity; but for the common profite of the people: Distinct. 4. c. orit. so likewise must a Priueledge haue all these conditions and qualities. Otherwise as a generall and publique Lawe, loseth the name of a pub­lique Lawe, vnlesse it bee such as hath the foresaid co­herences: euen so a Priueledge loseth the name of a pri­uate Lawe, vnlesse it haue the like Adiunctes.

The second fallacy wherein plurality men beguile themselues, is as euident and palpable as the first. They reason thus. Churches were established, and parishes di­stinguished by man: therefore Churches and Parishes may be vnited by man: and if Churches may be vnited by man, then one man may haue many Benefices. The Antecedent of which Enthimeme is sophisticall, because of the double and trebble signification of the worde Churches, and therfore the argument limpeth after the same manner, as the former did, attributing the establi­shing of Churches, to man onely: for if they should mean by this worde (Churches) frames of Churches, fashioned of Timber, Wood, Stone, Morter and such like, then say they truely, that Churches were builded and founded by man: as to saye by Masons, Carpentors, Tylars, &c. But they will not haue the name of (Churches) in their Argument to be taken in this sence. Their meaning (I am sure) is not so, they haue no such intent: for so might they rather burthen themselues with the reparations of many Churches, then profit themselues, with the reue­nues of many Churches: And by being Lordes of many Steeples after that sort, they might gape long ynough vpon them, before they gayned ought by them. If they meane by this worde (Churches) congregations and as­sembles of people, then is their assertion absolutely fals, because the Lorde hath willed all his people, to gather & assemble themselues together, to the intent they shoulde call vpon his name: And then in this sense their conclu­sion [Page 121] must needes fayle also, because it is both impossi­ble for all the people to bee assembled together into one place, and also impossible to heare one mans voice. But Churches againe taken & vnderstood in this sence, as they make not for their purpose one way: so are they not curraunte to themselues and their sences an other way. They woulde teache and preache little inough, and bee wearie of well doinge soone inough: had they not respect to grease themselues, rather with the fatte of the labour of the people, then diligently to gouerne and instruct the people: And therefore I gesse their meaning to be, that Churches in their former pro­position, shoulde signifie the liuings of Churches, and therefore their argument to be thus in effect. Liuinges of Churches are established and distinguished by man: therefore liuings of Churches may bee taken away, or vnited by man; wherein they attribute still to man a­lone, that, that in no wise appertayneth to man alone: for as Congregations are appointed by the Lorde him­selfe, so are pastors ouer Congregations, and liuings for pastours likewise appoynted by him. And therefore as cōgregations of the Lords people cannot be altogether dissolued by man alone, so ought not the liuinges ap­poynted for the pastours of the same people to be ta­ken away by man alone. Doe yee not knowe (sayth the apostle) Cor. 1. 9 13. that they which minister about the holy things, eate of the things of the Temple: & they which waite at the Altar, are partakers with the Altar? So also hath the lord ordeined, that they which preach the gospel, shold liue of the Gospell. And therfore, in saying that liuings of Churches & parrishes, are distinguished by man, ther­fore they may be vnited by man, though in some sence the same may be true; yet thereby it followeth not, that many liuings appoynted by the Lorde himselfe for ma­ny pastors ouer many Congregations, shoulde be taken frō many & be giuē to one. They might aswel conclude [Page 122] that wheras the lord had cōmanded the land of Canaan to bee deuided amongest the children of Israel by the hand of Moses: and whereas Moses, had giuen vnto some one family, a greater portion, and to some other family a lesser portion: that therefore Ioshua Moses successour, might haue taken both the greater and the lesser, and giuen it to one alone, or to haue takē al the portions & inheritances allotted vnto diuers & sundry of a family, and to haue giuen them to one of one family alone: or wheras Moses according to his cōmission, had distribu­ted the land into twelue parts, according to the twelue principall and chiefe families: Ioshua might haue made but two or three, or foure Captaines, ouer al the whole twelue tribes. As our auncesters in times past, boun­ding and limitting parishes, haue inlarged some with wyder borders, and straightened some with narrow­er passages then was meete and conuenient: So were it very good and commendable for men of wisedome in our dayes; to yeelde to haue a better equallitie, then that some should haue al, and some neuer a whit: some two or three thousand pounds by the yeare; and some scarcely xx. Nobles, so that the pastor that now hath too little, might by some meanes haue sufficient: and that he that hath now too much, might haue a conuenient competencie. If Sempronius the taylor, should make Titi­us his garment too short wasted; and Seius his garment too long wasted; it followeth not therefore, that Caius the pilferer, to make himselfe a garment, shoulde by stealth conuey both garments away. By the vnfolding of these fallacies, you may iudge, that if pluralitie men, to serue their turne indeed, could haue framed their ar­gument skilfully, they woulde then haue fashioned the same after this sort.

• 1 Whatsoeuer is established and distinguished by man alone, the same may be taken away and v­nited [Page 123] by man alone.
• 2 But Churches, that is to saye: Congregations of the Lords people: pastours of these assemblies, and the liuings for the pastours of these assem­blyes, were established and distinguished by man alone:
• 3 Therefore Churches, pastours and liuinges for pa­stours, may be taken away, and vnited by man a­lone.

Now because the Minor proposition of this Sillogisme is vtterly false; therefore I conclude against pluralitie men thus.

• 1 Whatsoeuer is established and distinguished by the Lord himselfe; the same may not be taken away or vnited by man:
• 2 But Churches, that is to saye, assemblyes and soci­eties of the Lordes people, pastours of these as­semblies, and liuings for the pastours of these as­semblies, are established and distinguished by the Lord himselfe:
• 3 Therefore Churches, that is to say, assemblyes of people: pastors and liuings for pastors, may not be taken away, or vnited by man.

THE Minor proposition of which Syllogisme, to euerye man, not minded to cauill at these wordes, (Established and distinguished) is infallible, and not to bee denyed: for though boundes and lymittes of cer­tayne parrishes, are bordered out by man: and that a certayne number of people, called to make one Con­gregation, and to heare at one time, in one place, one certayne pastour, bee at the rule and disposition of man: yet that these thinges shoulde be thus done, is the speciall commaundement of the Lord. Moreouer when as this thing shalbe once thus performed by man (according to the Lords commaundement) it shalbe & is law­full [Page 124] for man again, where the congregation is too great to make the same lesse, and where it is too litle, to make the same greater: and in this sence I graunt, that as it is lawful for man to establish & distinguish: so it is law­full for man, to take away and to vnite Churches and li­uings. But because this is not the meaning of pluralists, for that they wil haue one pastor, to be placed ouer ma­ny Congregations, & many congregations to finde one pastor: many bodies to haue one head: & one head to haue many bodies: many flocks to haue one shepheard, & one sheepheard to haue manie flocks: Therfore mine argumēt without any cauil, remaineth firm against thē. And for these considerations, as before, so againe I de­ny the consequence made by plurified men, for the pos­sessing of manye benefices by one man. For, though by coullor of lawe, they pretend right vnto them: yet the law indeed yeeldeth them no such aduantage, because dispensations for many benefices and parish Churches, with cure of soules generally graunted, are, and ought by law to be vtterly voide and of none effecte, as partly hath bin prooued, and more at large appeareth by that that followeth. Glos. 1. q. 7. c. requiritis. Dispensatio est iuris communis relaxatio, fae­cta cum causae cognitione, ab eo qui ius habet dispensandi. A dis­pensation is a relaxation or release of common right, graunted by him that hath power to dispence, hauing first taken knowledge of the cause thereof: that is, ha­uing considered, whether there bee iust cause to mooue him to graunt a priuiledge or dispensation, against cō ­mon right or no. By which definition it is euident that Dispensare, is diuersa pensare, nam omnia quae ad causae cog­nitionem pertinent, pensare debet, qui Dispensare vult. To Dispence, is to ponder diuers thinges: for he that will Dispence, ought to waygh and to consider all those thinges, which pertayne to the knowledge of the cause. In which discriptions, three thinges are principally re­quisite & necessary. First the person or iudge that hath [Page 125] authoritie to dispence: Secondly, the causes for the which dispensations may be graunted: And lastly an examination or discussion of those causes. So that if a­ny dispensation or facultie whatsoeuer shall be graun­ted, either A non Iudice, by one that is no iudge either without a lawfull cause: or lastly without aspeciall tri­all and sifting of that same lawfull cause, before it passe: euery such dispensation by a necessary consequence, is meerely voyde, because euery such dispensation agre­eth not to the definition of a dispensation, and there­fore can not be the thing defined. Glos extra­uagant de prebend. & dignit. c. exe­crabilis ver. vltima. Concerning the par­tie that hath power and authoritie to graunt dispensa­tions, and to take knowledge of the lawfulnesse of the causes, requisite to make dispensations goodland auai­lable, the same in this Realme, is the Archdishop of Caunterbury: H. 8. and vppon his refusall then, such as hir highnesse shall appoynt to that office, according to the forme of a statute prouided in that behalfe. And there­fore, touching his person thus appoynted to be Iudge, I conclude from the generall to the speciall as before: that because the positiue lawes of man, against plurali­ties, are all grounded either vpon the law of nature, or vpon the law of God: And because as the lawes of na­ture and the lawes of God, are immutable, so shoulde the same positiue lawes remayne stable and vnchaun­geable: that therefore the Archbishop of Caunterbury beeing a man, hath no more right to giue a dispensati­on againste the positiue lawes of man, made againste pluralities, then he hath to giue a dispensation againste the law of nature, or against the law of God. Glos. extra. de vot. c. non est ver au­thoritate. Extra. de concel. preb. proposuit ver. supra &c. cum ad mo­nasterium: ex de statu mo­nocho. For sayth the glose in one place: No dispensation against the law of nature, or against the lawe of God is tollerable, no not by the Pope him selfe. As touching the causes wherevppon the sayde Archbishop, or other officers, should, and ought be mooued, by remitting the rigour of common right, to graunt immunities and dispensa­tions [Page 126] they are two fold. One consisteth in the dignitie and worthinesse of the persons, the other in the waigh­tinesse of certayne speciall causes. Vnto what maner of persons dispen­satiōs ought to be graun­ted. For in truth, either the defect of the qualitie of the person, or the want of a iust cause in lawe, doth frustrate and make voyde e­uery dispensation. For neither can a man qualified, and in all respectes capable of a dispensation, enioye the benefite thereof, vnlesse he maye also enioye the same vpon a good ground, and iust cause warranted by lawe. Neither can a iuste cause and good ground ap­prooued by Lawe, bee sufficient matter to induce a Iudge to graunt a dispensation, to him that is vnable and vnapt to receiue the same. A man well Lettered, singularly qualified, and endued with vertue and god­linesse, or of some noble house and parentage, is by Lawe a fit and meete man to enioye moe benefices by dispensation then one: Neither is it a sufficient qua­lification, for one destitute of learning to become a Chappleine onelye to some Noble man: For the sta­tute prouiding that some Noble mens Chappleines, shoulde be made capable by dispensation to retayne moe benefices, doth not thereby take away the qua­lities requyred to be in such persons, by common right, but addeth a new qualitie, requisite to be had of euery one, and so maketh the law stronger, and of more efficacie against pluralities. Panor. in c. ex parte. l. 3. de verb signi fi. fol. 189. nu. 3. Statuta debent intelligi, quod aliquid addant iuri communi: Statutes ought so to be vn­derstoode, that they may adde somewhat to common right. Extr de pre­bend. c. ff. de multa. Circa sublimes & literatas personas, quae maioribus be­neficiis sunt honorandae (cum ratio postulauerit) per sedem a­postolicam poterit dispensari. Concerning men of Nobi­litie and learning, who with greater benefices are to be honoured, the Apostolike sea (if reason shall requyre) may dispence with such. And in an other Chapiter the same is confirmed.

Extr. de elec. c in [...]otuit. MVLTA ENIM in hoe casu dispensationem indu­cere videbantur: literarum scientia, morum honest as, vitae vir­tus, & fama personae multipliciter a quibusdam etiam ex fra­tribus nostris, qui eum in scholis cognouerant approbatae. Ma­nie thinges in this case seemed to leade to the graunting of a dispensation; his learning, his honest conuersation, his vpright life, and the good report of the person diuersly commended, euen by some of our brethren, which knew him at schoole. These giftes and graces, these qualities, and these conditions, are incident and appertayne by common right to these men, that by way of dispensation, maye possesse manie benefices. Whosoeuer then is not commendable for his learning, for his honesty, for his sincere life, or not of some auncient and noble familie, the same man by lawe is vtterly barred and secluded from this benefite. The second qualitie requyred to the validitie of euery dispensation, is the waightinesse of some speciall cause, as appeareth in the Chapiter before recited in these wordes, Cum ratio postulauerit, When reason requyreth. Extra. de vo­to. c. 1. And againe, we aunswere sayth Alexander the thirde, in a decretall Epistle written to the Bishop of Exce­ter, that it belongeth to the iudgement of him that is President, that he consider diligentlye the cause of commutation, and so accordingly to dispence. And by the Chapiter Magnae, Extra de voto, It is playne and euident, that there must be some speciall cause kno­wen, for the which euery dispensation is to be graun­ted. For as I sayde before, to the ende that euery dis­pensation be good and auaylable by Lawe, there is re­quyred necessarilie, both the abilitie of the person to whome, and the iustice of the cause for which the same ought to be gyuen. For neither maye an able man without a iust cause, neither a iust cause without an a­ble man mooue the Iudge in anywise to dispence. And to tell you what these speciall causes are, [Page 128] in few wordes they are these, vrgent necessitie, and eui­dent vtilitie of the Church. Extra. de ele. c cum nobis. Propter vrgentem necessita­tem, & euidentem vtilitatem ecclesiae Capuanae, quam in hac parte potius approbamus, volumus ipsum firmiter perdurare. Necessitie & vtilitie of the church, only iust causes of a dispensatiō For the vrgent necessitie, and euident vtilitie of the Church of Capua, which on this behalfe we rather haue respect vnto, our pleasure and will is, that he continue. It is vnlawfull by common right for a Monke or Laye­man, to be admitted to the gouernment of any church with cure of soule: yet notwithstanding, if by rea­son of warre, famine, persecution, or other extraordi­nary cause, the office of pastorall teaching did cease, so that the people had none to instruct them in the way of saluation: 1. q. 7. requi­ritis. §. nisi. now in this case it is lawfull for him that hath authoritie to dispence with a Monke or Layeman, endued with learning, to the ende he might by instruction, bring the people to knowledge. It is vnlawfull that children borne of a Nun, violently taken away and marryed, should be admitted to any Ecclesi­astical orders: Notwithstāding, if the great profit or ne­cessitie of the church require, they may by dispensation be admitted: Suppose there were a custome of long cō ­tinuaunce, and time out of minde in the Church of Paules, contrary to the first foundation of the Church, that not onely the Prebendaries daylye present at di­uine seruice, but also others absenting them selues, should receiue euery one a like, some dayly pention, ei­ther in money, or some kinde of victuall: this custome by law is voyd, because it is vnreasonable. And yet not­withstanding anye iust and necessary infirmitie of the body of any prebendary, or euident vtilitie of the same Church, may be a lawfull and sufficient inducement for the Ordinary, to dispence with the not restoring of that which was vnlawfully taken, vnder pretence of the former custom. If by the first foundation of the church of Paules, twelue prebendaries were appointed, to be [Page 129] maintayned by the reuenues of the Church, and the sayd reuenues were not sufficient for the maintenance of these twelue, the Bishop then in this case, if the ne­cessitie and vtilitie of the Church so requyre, maye an­nect certayne other Chappels for the maintenaunce of the sayde prebendaries. These examples do sufficient­ly prooue that euery dispensation, priuiledge or immu­nitie, ought to be graunted vpon some iust and reaso­nable cause: and that the sayde iuste and reasonable cause, ought euermore to be the vrgent necessitie, and euident profit and commoditie of the Church. And that the sayd vrgent necessitie and euident commodi­tie of the Church, ought euermore to be vnderstoode, the well gouerning of the soules of the people. If ther­fore, neither vrgent necessitie, or euident vtilitie of the Church, requyre that any one should haue many bene­fices, yea rather, if it be most profitable and necessarie for the Church, that one man should haue but a liuing appoynted for one man, and that by ioyning benefice to benefice, and Church to Church, the Church indeed is maruailously wounded, grieued and molested: and that the soules of the people, are therby not gouerned at all, but left at randon to their owne direction ha­uing no guyde, to conduct them: euery one may euy­dently discerne, dispensations in that behalfe, to be al­togeather intollerable, hauing no ground nor founda­tion, of reason, equity, or lawe; but onely graunted for the priuate gayne and lucre, of some couetous & vaine glorious persons. Wheras it may be answered, that the statutes of the Realme, licensing diuers Ecclesiasticall persons, qualified either by degree of schoole, or by seruice vnto nobilitie, ought more to be respected in this behalfe, then the reasons of the Canon law. Herevnto I answere, that for my part, I heartely desire and pray vn­to God, that these lawes might be respected, and that the law of Englande might rule an English man in this [Page 130] case. But alas, our lawes, are bels without clappers: they are founded, but they sound not, they are bandes, but they binde not. For thogh by the statutes of the realm certain noble mens chappleines, and others graduated in the Vniuersities, be qualified, & made capable of dis­pensatiōs, yet I deny the laws of this realm to approue any maner of dispēsations tollerable at al, for any kind of these qualified men, vnles the same be; Frst, in cases of necessity for the peace of the cōmon weal: Secondly, in cases of conueniency, for the honor of hir highnesse person: and lastly, warranted by the holy scriptures & lawes of god. For though the statute make some men, fit men for the Archb. to work vpon, and as it were an­uiles for him to strike vpon, yet the same statute impo­seth no necessity, for the B. to work without the word. But if it be lawful by the word, then by the law, he may if he wil. But if it be vnlawful by the word, thē he may not thogh he would. The law followeth. [Be it enacted that neither the king, his heires and successors, kinges of this realme, nor any of their subiectes of this realm, nor of the kinges dominions, shall from thence foorth sue to the sea of Rome, or vnto any person or persons, hauing or pretending any authoritie by the same for licences, dispensations, impositions, faculties, grauntes, rescriptes, delegacies, instruments, or other writings, of what kind, name, &c. for the which any licence, dispen­sation, composition, faculty, graunt, rescript, delegacie, instrument or other wryting, heretofore hath ben vsed and accustomed to be had and obtayned at the sea of Rome, or by authority therof, or of any prelate of this realm, nor of any maner of other licenses, dispensatiōs, compositions, faculties, grauntes, rescriptes, delegacies or any other instruments or writinges, that in cases of necessity may lawfully be graunted, without offending holy scriptures & lawes of God: but that from hence­forth euery such licence, &c. aforenamed & mentioned necessary for your highnes, your heires or successors, & [Page 131] your & their people and subiects, vpon the due exami­nation of the causes & qualities of the persons procu­ring such dispensations, licenses, &c. shalbe granted, had & obtained, frō time to time within this your realm, & other your dominions, & not els where in maner and form following, & no otherwise: that is to say, the Arch. of canterbury for the time being, & his successors shall haue power & authority frō time to time by their dis­cretions, to giue, grant, & dispose by an instrument, vn­der the seal of the said Archb. vnto your Maiesty and to your heires & successors, kings of this realm, as well all maner such licenses, dispensations, faculties, grants, re­scripts, delegacies, instruments, & all other writings for cases not being cōtrary or repugnant to the holy scrip­tures & lawes of God, as heretofore hath ben accusto­med to be had & obtained, by your Highn. or any your most noble progenitors, or any of yours or their sub­iectes, at the sea of Rome, or any person or persons by authority of the same, & al other licences, dispensatiōs, faculties, &c. in & for, & vpon al such causes & matters, as shalbe conuenient and necessary to be had for the honor & surety of your highnes, your heires & successors, and the wealth & profit of this your realm: so that the said Archb. or any his successors, in no maner wise shall graunt any dispensation, licence, rescript, or any other writing afore rehearsed, for any cause or matter repug­nant to the law ofalmighty god.] This act is renued 1. Elizab. Prouided alwaies, that this act, nor any thing or things therin cōtained, shalbe hereafter interpreted or expounded, that your grace, your nobles & subiects in­tend by the same to decline or vary frō the congregati­on of christ his church in any thing concerning the ve­rye articles of the catholique faith of Christendome, or in any other thinges declared by holy scripture, and the word of God, necessary for your and their saluati­ons, but onely to make an ordinance by policie, neces­sarye and conuenient to represse vice, and for good [Page 132] conseruation of this Realme in peace, vnitie, and tran­quilitie from rauyne and spoyle. In which Act is set foorth vnto vs, what great care and circumspection, our auncestors in the twilight of the Gospel, had for the a­bolishing of corruptions, & the establishing of a sincere gouernment, both in the Church and common weale: and how diligently and faithfully they prouided, that no maner of dispensatiōs, licenses, or immunities, shold be had or obtayned, but in cases of necessitie; in cases not contrary or repugnant to the lawes of God: in ca­ses wherin the wealth, profit, peace, and conseruation of the realm requireth: in cases conuenient for the ho­nor & safety of the kings person, with a due confidera­tion alwaies of the causes & qualities for the which, & of the persons to whom, any licence or immunity shold be granted. And therfore out of this statute, first I con­clude thus against plurified men:

• 1 Whatsoeuer cause or matter, is repugnant to the law of God, the Archb. may not dispence with the same.
• 2 But the matter of hauing many benefices, or being Non residents, is repugnant to the laws of God.
• 3 Therfore the Archbish. may not dispence with the same.

Againe.

• 1 Whatsoeuer is not necessary for the wealth, peace, profite, and conseruation of the realm, the same by this statute is forbidden.
• 2 But that one man should enioy, by way of dispen­sation from the Archbish. liuings appointed for many men, is not necessary for the wealth, peace, profite, and conseruation of the realme.
• 3 Therefore the same is forbidden by this statute.

Lastly:

• 1 Whatsoeuer is not conuenient for the honour and safety of hir highnes person, the same by this [Page 133] statute is forbidden.
• 2 But it is not conuenient for the honor and safety of hir highnes person, to haue the Archbish, dis­spence for many benefices.
• 3 Therefore by this statute the Archbish. is forbid­den to dispence, &c.

THe Minor proposition of the first syllogisme, hath beene already sufficiently prooued by manye in fallible conclusions of Lawe, and vndoubted truethes of the worde of God, and therefore it is needelesse to make any repetition thereof. Onely I would haue the reader diligently to marke the wordes of the Statute, forbidding all manner of Dispensations, in any matter or cause, repugnant to the worde of God. For though the aduersary cauill, that we finde not in the scriptures these Termes: Viz. Licenses, Tollerations, Dispensations, &c. precisely specified in any commaundement, prohi­bitory in the Scriptures: Yet in as much as the matter or cause of Dispensations for many benefices, is there generally forbidden: as ambition, pride, couetousnes, perill of soules, &c. It is against the peace & profit of the common weale, that the Archb. should dis­pence. Therefore it followeth, that by this statute Dispensations in this case are absolutely inhi­bited. The minor proposition of the second Syllogism, may be confirmed by three euident reasons. First from the euent, which by our owne common and daily expe­rience, we too too well knowe to be true. For by the same we see a fewe wealthy and ritch Prelates, in pride & iolity to be maintained, and a great number of nee­dy Stipendary Curates and poore Ministers, to be vtter­ly destitute of meete and conuenient allowaunces; so that sometimes after theire dissease, their distressed wiues and Children, are forced eyther to bee releeued by the seuerall Parishes of their aboades, to the impo­uerishing of the same parishes: or else constrained to beg from place to place, & so be chastised as rogues; or [Page 134] pilfer & steal, and so be punished as fellons. Secondly, by a comparison drawn from other Statutes of the realme, prouiding that one rich and mighty man, shoulde not exercise many seueral misteries, trades and faculties, and so rob the poorer sort from the ordinary meanes, wher­by they might liue well and honestly in the common wealth. The third reason is taken, from an adiunct or common accident to euery common weal, rightly go­uerned: that is, that the last Willes and Testamentes of all and singular testators, be duely execued, especiallye such, as whereby the honour of God is promoted, the Church and common weale manifestly regarded: but vnto the performaunce of the the last Willes and Testa­ments of many patrons endowing many churches with large and ample possessions, to the intent conuenient liuinge might be alwayes prouided for Pastors to be re­siaunt, and to feede their posterity with the foode of life, the worde of God: there can be nothing more pre­iudiciall, or more derogatory, then that these seuerall patrimonies and inheritaunces, appointed by seuerall patrons, for seuerall Pastors, to such seuerall and good vses, shoulde by the dispensation of one man, be trans­formed and giuen to another vse, contrary to the testa­tor his intent and purpose. And therefore I confirme my Minor Proposition by these three conclusions.

• 1 Whatsoeuer is an occasion that poore and nee­dy Ministers, their wiues and children do want a competent & conuenient maintainance, the same is not necessary, for the profite, peace, wealth, and conseruation of the common weale:
• 2 But that one man shoulde by dispensation, enioy many benefices is an occasion that pore and nee­dy Ministers, their wiues and Children doe want a competent and conuenient maintainance.
• 3 Therfore that one man should by dispensation, en­ioy [Page 135] many benefices, is not necessary, for the profit peace, wealth, and conseruation of the common weale.

• 1 Whatsoeuer is an occasion that one man shoulde enioy the offices & liuings of many men, the same is not necessary for the peace, profite, wealth and conseruation of the common weale.
• 2 But that one man should by dispensation enioy ma­ny benefices, is an occasion that one man should enioy the offices and liuings of many men.
• 3 Therefore that one man should enioy by dispensa­tion many benefices is not necessarye, for the peace, profite, wealth, and conseruation of the common wealth.

• 1 Whatsoeuer is preiudiciall and derogatory to the last willes and testaments of Testators, disposing their patrimony to lawfull & holy vses, the same is not necessary for the peace, profite, wealth and conseruation of the Realme.
• 2 But that one man by dispensation, shoulde enioy many benefices, is preiudiciall and derogatory to such last Willes and Testaments.
• 3 Therefore that one man by dispensation shoulde enioy many benefices, is not necessarye for the peace, profite, wealth and conseruation of the Realme.

It is incon­uenient for the honor & safety of her highnesse person, for the Archb. to dispence. COncerning the validitye of the Minor proposi­tion of my third syllogisme; drawne from the con­ueniencie of her highnesse honor (namely that it is not conuenient, for the honour and suerty of her Highnes person, to leaue any manner of authority, for the Archb. to dispence) none may wel doubt therof, but only such as respect more the pomp and glory of an Archb. then the dignity & preeminence of a Christian King. For in good soth, this statute made principally to abolish al v­surped power, challēged by a forrē, & Romish pope, ouer [Page 136] the king & his subiects, & yet to authorise a domestical & English Archb. in his roome, containeth in it, such a contrariety, & such an absurdity, as it is wonder how ei­ther any Archb. durst challenge the executiō thereof, or else how hir highnesse most noble Father, & brother, & her highnes own person, could endure the same so long vncanselled & vnrepealed, especiallye the same being most preiudiciall to their regall crownes and dignities. For first, by the vertue of this Statute, it is enioyned the Archb. and his successours in no manner wise, to graunt any dispensation, licence, rescript, or any other writing for anye cause or matter, repugnaunt to the lawe of Almighty God. Secondly, it is permitted vnto the sayde Archbysh. and his successours, by their dis­cretions to graunt vnto the K. Maiestie, and to his heires and successours, Kings of this Realme, all man­ner such licenses. &c. as heretofore haue beene accusto­med to bee had and obtayned by his Highnesse, or any his Noble Progenitors, or any his subiectes at the sea of Rome. Which two clauses, without dishonour to the Maiesty of God, or preiudice to her highnesse preroga­tiue, cannot possible establish a sound and perfect Lawe. For, first in as much as the popes person, was neuer duly qualified to be a Lawfull dispensor, or any lawfull Ma­gistrate in the Church of God, it is manifest that euery dispensation granted at that time at the sea of Rome, was directly against the Lawe of God, as graunted by one that was no member of the Church of God. Again: In as much as the trueth of the Gospell warranteth vs, that symony, Vsury, Periury, Adultery, Incest, Nonre­sidency, many benefices, Marriages against the Leuiti­call Law: obseruations of superstitious dayes and times, not eating of flesh in Lent, and such like, are against the Lawe of God: it is euident that dispensations graunted at that time, for these and such like things, at the Sea of Rome, were granted in causes and matters repugnant to [Page 137] the law of God, and so by the former braunch of this statute being precisely dissalowed, cannot by the secōd branch, of the same be generally approoued. For how can one & the self same law, forbid and comand, things so contrary and repugnant in themselues? Or how can the Archbishop safely ground his iurisdiction vppon a lawe so contrary and repugnaunt vnto it selfe? If the Archbyshop shall think that these two braunches may be reconciled, & that the meaning of the former maye and ought simply to be vnderstood, as the words them selues import: and that the second braunch, may and ought to be vnderstoode, to bound and limite such an authoritie to him selfe, as whereby he might graunt such licenses, as were had and obtayned at that time, at the sea of Rome, for matters not contrary or repug­nant to the law of God: yet neither by this interpreta­tion, is the Archbishop truely intituled vnto any au­thoritie, therby to dispence for symony, nonresidence, many benefices, marriages in Lent, &c. in as much, as such maner of licenses obtayned at that time at the sea of Rome, were obtayned for matters repugnaunt vnto the law of God, and contrary to the truth of the doc­trine of the Gospell: and so by this statute flatly for­bidden. Which thinges our auncestors, not thorough­ly foreseeing, neither duely examining for what maner of causes or matters, licenses were at that time obtay­ned at the sea of Rome: but onely in a generallitie in­hibiting thinges repugnaunt vnto the law of God, and neuer particularly describing what those things were: but leauing the same wholy to the iudgement and dis­cretion of one man the Archbishop alone, haue fallen into two palpable absurdities: the one, that one man a­lone, hath from time to time authoritie by his discre­tion, to determine what causes are repugnaunt to the holy scriptures and lawes of God: what causes & mat­ters are conuenient for the honour and safety of the [Page 138] King of England, and what are necessary to be had for the wealth and profite of the realme, three thinges of such waight and importaunce, as the whole body of the realme at that time, was scarceable to conceiue, much lesse shall euer any one Archbish. be able to pra­ctize. The other absurditie is this, viz. that by this statute, soueraignity is giuen to the Archbishop and his successors to dispence with the king, and his successors, kinges and Queenes of Englande. The wordes of the statute are plaine and euident. But what reason is there for kinges and queenes of England, to become wardes and pupils vnto an Archbishop of England? Or howe agreeth it, with the worde of God, that a Christian king, should in any sort, be in subiection vnto his owne vassall? Or what christian subiect, dareth attempt to of­fer vnto his Christian soueraigne a tolleration? For in case, the matter of the sayde tolleration be pretended to concerne the conscience, then if the matter be free and lawfull by the law of God, a Christian king, may as well and as freely, vse the liberty of his conscience, with out licence from his subiect, as his subiect maye vse his freedome, without dispensation from the king. If it be contrary to the lawe of God, then may neither a chri­stian king, neither a Christian subiecte be dispenced with. For what man can dispence with the Lawe of God? And in case the matter of dispensation con­cerne any thing appertayning vnto this life, how then should the king receiue a dispensation from the Arch­bishop, without impeaching his kingly dignitie and prerogatiue? For either he must bee dispenced with, for breach of the positiue Lawe of this lande, and haue the payne of Lawe, remitted him by the Archbishop, which were to set the Archbishops keyes, aboue the Kinges armes: Or els he muste purchase a dispensati­on, that he may breake his Lawe, which were against his honour and safety. For saith the Emperour. Digna [Page 139] vox est maiestate regnantis, legibus alligatum se principem profiteri. C. De le. & cōstit. princ. l. digna. It is a worde worthy the maiestie of a ruler, to acknowledge himselfe as chiefe tyed vnto the lawes.

Moreouer, this case between the king and the Arch­bishop is farre different, from the case betweene the king and his Iustices at lawe, determining matters ac­cording to the common lawes and customes of the Realme, betweene the king and his subiectes. For they remayne still the kinges vnderlinges, and in deed giue but the kinges iudgements; they iudge not the kinges person, neither commeth any thing touching his per­son before them. But dispensations from the Archbi­shop to the king, concerne the kinges owne person. The king in his royall person, or by his proctor, muste appeare in the Archbishops consistory: he must alleage before the Archbishop sufficient matter, whervpon the Archbishop (but a subiect) may be mooued to dispence with the King, his soueraigne; and finally the Kinges wisedome muste be subiected, to the Archbishops dis­cretion. And therefore to confirme the Minor propo­sition of my third syllogisme, I conclude.

• 1 Whatsoeuer is dishonourable, and dangerous for hir highnesse person, the same can not be con­uenient for hir honour and safetie.
• 2 But it is dishonourable and daungerous, to haue the Archbishop to dispence with hir highnesse.
• 3 Therefore, the same is not conuenient, &c.

WHich reason also, maye as well be applied to dis­prooue the vnlawfulnes of the Archbishops dis­pensations, granted vnto any of hir highnes subiectes, as vnto hir highnesse owne person, in as much, as hir kingly prerogatiue and supreame gouernment in mat­ters lawful by the holy scriptures, is therby impeached. The Arch. iurisdictiō only aduanced, & the surety of hir royal person & peace of the cōmō weal il prouided for. [Page 140] Againe, sithence euery one of sound iudgement vnder­standeth the honour and safety of hir highnesse person, onely and wholly to consist in the protection and safe­garde of our most mighty and most gratious God: and that nothing can bee so honourable and safe for hir highnesse, as humbly and reuerently to attend, and to submit hir selfe to the scepter of his word. the executi­on of this statute by the Archbishop can not be but most inconuenient, and perillous for hir highnes per­son, in as much as partly through a corrupt constructi­on, partly by a synister iudgement not rightly discer­ning what thinges are repugnant to the word of God, the sayde Archbishop dispenseth in causes and matters contrary and repugnaunt to the holy scriptures, which causeth the name of God to be euill spoken of, and is a dishonour vnto God, and therefore no honour nor safety vnto hir highnes person. And therfore, hir high­nes is humbly to be intreated, to take the entier domi­nion, and whole soueraignty due vnto hir by the word of God into hir owne handes, and not anye longer to suffer such a blemishe to remayne in hir gouenement. Had hir highnesse moste noble Father, vnderstoode his kingly person, to haue vndergone the Censorship of his subiect, no doubt he wold as couragiously haue fought against an Archb. as he did against an Abbot. Pouerty of the person no cause for a dispensatiō As con­cerning the pouerty of certaine persons, pretended and alleaged in defence of dispensations for many benefi­ces, that because the reuenewes and profites of one be­nefice, is now adayes not a competent and sufficient maintenance for a minister, his wife and familie: that therefore, in respecte of suche pouertye, they are ne­cessarye and to be borne withall. I aunswere herein firste with Rebuffus the Lawyer, that Licet quis sit pau­per, &c. Rebuff. de dispens. ad plu. benefi. Though one be poore, and suppose two benefi­ces to be very necessary and profitable for him, yet for this cause the Pope maye not dispence. But if it be [Page 141] necessary or profitable, for the Churche to haue a tea­cher, to instruct, mainteine, and defend the same, then shall a dispensation be lawfull. Secondly, that whoso­euer hath taken vpon him a charge with a poore li­ving, and stipend belonging to the same, ought by law, to content him selfe therwith, and notin respect of any pouerty, to seeke to haue many liuings, thereby to bet­ter his estate, or augment his liuing: For the lawe in trueth is as followeth. 32. q. 5. c. horrendus. Qui inodicum recepit benefici­um, &c. He that hath receaued a smale benefice, hath preiudiced him selfe, therefore let him seeke his liuing, by his owne craft, because whatsoeuer hath once plea­sed him, ought not any more to displease him. 70. distinct. sanctorum. And let euery one walke in that vocation whereunto he is cal­led, and let him do according to the example of the Apostle saying, these handes haue ministred vnto me al things that were wanting. 21. q. 1. c. primo. glos. extra. de rescrip. c. si propo­nente. ver. minus. ff. 91. distinct. qui autem. And let him that is forbid­den to get his liuing by filthy lucre, and vnhonest mar­chaundise, haue a stipend of the oblations & offerings of the Church: but in case the Church be not suffici­ent, let him after the example of the Apostle, who liued by the worke of his hands, get by his owne industry or husbandry, those thinges that are necessary. Out of these lawes against dispensations graunted vnto pry­uate persons in respect of priuate necessity, I conclude thus.

• 1 If priuate necessytie or pouerty, were a sufficient cause, to enioy a dispensation for many benefices, then shoulde priuate necessity haue bene war­raunted by law hereunto:
• 2 But priuate necessitie or pouerty, is not warran­ted by law, to be anye sufficient cause for a di­spensation:
• 3 Therefore the necessitie or pouertye of a priuate person is not a sufficient cause for a dispensatiō.

THe first proposition is grounded vppon the verie nature and essence of a dispensation: for the same being as is said before, of the nature of a priuelege, can not otherwise be graunted, then vpon a iust cause rati­fied by law. The second propositiō being a general pro­position negatiue of the law, cannot better be manife­sted, then by a special repetitiō of the things permitted by lawe, according to this rule. Quod in quibusdam permit­titur in caeteris prohibetur. That which is permitted in some certaine things, the same in other thinges is forbidden. And therefore the lawe allowing either vrgent neces­sitie and euident vtilitye of the Churche, or some ex­cellent quallities of the minde, or discent from some auncient parentage, to be onely causes of dispensation, excludeth all other causes whatsoeuer. And as touch­ing necessitie and pouertie of priuate persons, the lawe absolutely appointeth other meanes to releeue the same, then by way of dispensation: Neyther can it bee found in the whole bodie of law, that pouerty a lone, is any sufficient cause to procure a dispensation for many benefices. For the law accounteth him alwayes to haue a competency and sufficiency, 12 q. 1 c. Episcopus vers. q. 2 c. episco­pus. which hath Victum & ve­stitum, meate, drincke, and apparrell, which is proued thus: luxta sanctum Apostolum fic dicentem, habentes victum & vestitum, hiis contenti simus: according to the saying of the Apostle, hauing foode and apparrell, let vs content our selues with that. And here we learne both what he that hath taken vnto him selfe a charge, hauing but a smale stipend annected thereunto, ought to do in case it be not sufficient: that is that he ought to labour and trauaile with his owne handes, in some honest handy craft: and also what by lawe, is reputed and taken to be a competent & sufficient maintaynance, euen foode and apparell. Moreouer, if a man willingly and without compulsion enter into a charge, knowing before hand the stipend due vnto him for his trauell to be small he [Page 143] may not Lawefullye afterwardes complayne, but it is whollye to bee imputed to his owne negligence and follye, that he was no more circumspect, better to prouide for him self at the first. If a man knowing a wo­man to haue led a loose and dissolute life, take her to his Wife, hee cannot for her former misdemeanour giue her afterwards a Byll of Diuorcement. Quod se­mel approbani, iterum reprobare non possum: That which once I haue approued and allowed, I cannot after­wardes disproue and disalowe. Neyther in truethe, for ought that euer I perceyued, by the want of a­ny Pluralitie man, if hee rightlye examine his owne Conscyence, can hee pretend any nec [...]ssity and want of lyuing for himselfe, to bee anye iust cause of his foule disorder herein. May Caietane Cardinall of Brygit, whose Annuall reuenewes by his Cardinalship, amounte to the Summe of two Hundred pounds: maye the same Cardinall, whose Annuall profites of his Prebend in another Churche, amounte to the Summe of two Hundred Markes: Maye the same Cardinall, whose annuall Reuenewes of his Arch­deaconarye in another Churche, amounte to the Summe of Fortye Poundes: May the same Cardi­nall, whose Annuall Reuenewes of his owne and his Wiues Patrimonye, amounte to the Summe of Fiftye Pound, complayne iustly that hee standeth in neede of sufficient liuing, to mayntayne himselfe, his Wife, and two or three Children, and thereuppon purchase to him selfe a License to retayne a Benefice, from the which hee receyueth yeerely one hundred Markes? May a Cardinall, I say, thus furnished with so manye ecclesiasticall Dignities, affirme safely with a good Conscience, that hee wanteth and standeth in neede of a conuenient liuing? Nay, maye not the Lordes people, rather crye out agaynste this intol­lerable Ambition, Rauyne and spoyle? Yea, maye [Page 144] not the common weale, yea doth it not feele to hirr ru­ine, the miserable pouertie and p [...]urie of his stipenda­rie Curate, vpon whom he thinketh to haue bestowed a large and bountifull rewarde for his seruice in the ministery, towardes the maintenance of him, his wyfe and family, when as his farmer shall paye him by the yeare ten or twelue pounds at the vtmost; Is this tol­lerable by lawe? No, no, the pretence of pouertie that this man & his fellow Cardinal, hauing Church vppon Church, & a personage vpon his prouostship, do make to be a cloake for their worldlines, can neuer shrowd it selfe so couertly, but their iniustice by lawe may soone be discried and discouered. For this clause of law, Sed etiam habentes plures ecclesias, &c. But they that haue many Churches, one not depending on the other, it is lawfull for thee notwithstanding any appeale to the contrary, to constrayne them at their choyce, to leaue one of them, vnlesse they shall be so poore that they can not conueniently haue their proper and peculiar Priestes: I say this clause (nisi ita fuerint [...]ennes) can not excuse master Cardinall or master prouost, to retayne his Abbey or Frierie, and by dispensation a benefice or two besides. For that, as I say de before, this priuiledge hath no place, when as a man voluntarily hath taken vppon him a small charge, and so contented him selfe with a small portion at the first: But onely it hath then place, and then taketh effecte, when as Ex post facto, by some after deed his Church is impouerished. Moreo­uer those Churches are counted, Tenues in substantia, Churches small in reuenue, which haue not a flocke of ten persons, families or housholdes, able to contribute to the maintenannce of a Pastor, as appeareth by the Canon following.

2. q. 3. c. vnio HOC NECESSARIVM, &c. This we haue thought necessary to be ordayned, that many Churches be not at all com­mitted to one Elder: because he alone, can neither perfourme his office in them all, neither yet imploy any necessary care for the [Page 145] administration of the goodes thereof: For this consideration therefore we commaund that euery Church, which hath had ten housholdes, haue also a pastor ouer the same: and if any haue had fewer then ten, let then that Church be ioyned to some other Churches. By which constitution, our pluralistes, if they were not wilfully blynde, might easely vnderstand, that the law doth not permit one man, by reason of pouer­tie to haue many Churches, that are able of themselues to mayntaine manye pastours: but that many poore Churches vnable to maintaine many pastors, should be consolidated and vnited to one, and beeing so ioyned togeather and made one, then to haue one pastor ouer them all, that might haue of them all a competent sa­larie for his sustenaunce. For sayth Rebuff. Papa in dis­pensatione, maximè respicere debet vtilitatem ecclesiae, non per­sonae: sed hodie ventum est, vt personae vtilit as consideretur, poli­us quàm ecclesiae, & potius dispensatur cum diuite, qui totam vorabit ecclesiam, quam cum ali bona, qui [...] possit. The Pope in a dispensation, ought chiefly to respecte the profit of the Church, not of the partie: but it cometh to passe now a dayes, that the profite of the parson is rather considered, then of the Church, and a dispersa­tion is rather giuen to a rich man, which will deuoure the whole Church, then to an other good man, which might maintaine the Churche. If therefore it might stande with the good pleasure of hir highnesse godly Commissioners, in causes ecclesiasticall, within their seuerall charges, not only to examine the lawes prece­dent, but also to put in execution the lawes following, they should by this their industrie, speedely, and plen­tifully prouide manye good competent liuinges, for many good men, to become good pastors in the same: I meane not Ecclesiasticall men, placed Ecclesiasticall Commissioners, for they for the moste parte are the greatest offenders in this behalfe: but I meane those of hir most honourable Councell, of hir Nobilitie, and of [Page 146] her worshipfull subiectes, hauing graunted vnto them from her highnesse, as great authority as any of the Ecclesiasticall state haue. An Ecclesiasticall Commissi­oner is no more exempted from controulement of his collegues and associates, then is a Senatour, from the order of the Senate, or a Counsailour from the di­rections of the body of the Counsaile, or a Byshoppe from the censorshippe of a Lawfull Synode. If there­fore the Nobler, sounder, and better part of the eccle­siasticall Commissioners, did examine not onely such plurified men, as are no commissioners, but such plu­rified men also as are ioyned in Commission, whe­ther by vertue of any faculty, license, or dispensation, they, or any of them, haue enioyed mo Benefices with cure of soules then one alone, aboue the space of seuen yeares, then should the sayde Commissioners finde the same Benefices so possessed, to bee meerely voide, as though the incumbent were dead. Because euery Dis­pensation graunted for more then seuen yeares, by Lawe is a voyde Dispensation, as appeareth by that that followeth.

Lib. 6. de e­lect. licet ca­non § is au­tem. IS ETIAM. &c. The party also which is taken to such a Regiment, to the end he may more diligentlye care for the flocke committed vnto his charge let him be personally re­sident in the Church, whereof he is person. And as touching his residence, the ordinary for a time may dispence if any rea­sonable cause so require. He sayth well (sayth the glosse) Glos. verb. ad tempus. that the ordinarye may dispence for a time, because the Pope himselfe, cannot giue perpetuall indulgen­ces for residence, and such as were giuen before by Popes. He hath reuoked, as appeareth by the constitu­tion following.

Lib. 6. de rescr. c. vlt. QVIA PER AMBITIOSVM. &c. Because of the ambitious importunity of suiters, is welwe, as some of our pre dicessours, Bishops of Rome, haue giuen vnto many, perpetuall indulgēces for the receiuing of the fruits of their benefices (daily [Page 147] distributions excepted) whether they were at study, or whether they were resident in eyther of their benefices, or had their abode in the Court at Rome, or in any other certaine place, or where­soeuer else, by meanes whereof insolences of gadding doe spring foorth, and a matter of dissolutenesse is prepared, the seruice or worship of God, (which we desire shoulde be increased) is diminished, and the office of Ministery, in respect whereof an Ecclesiasticall benefice is due, for the moste part is omitted: wee willing to amend things passed, and as much as lyeth in vs to prouide agaynst thinges to come, doe vtterly reuoke all such, and the like personall and not reall indulgences: And that which we suffer not Lawfull in our selues, we forewarne the same vn­to our successours. Glos. verb. perpetuas ibidem. By which Canons it is plain, that euery dispensation should haue a certayne time limitted, be­yond the which, it ought not to bee extended, for by this perpetuall indulgencie, is vnderstood an indulgen­cy for terme of life: An indulgency therefore for terme of life, may not be graunted, for then is it perpetuall, and so contrary to the meaning of this last constitu­tion. Wherfore the time of necessity must be limitted, which time the Lawe following hath limitted and ap­poynted to be, seuen yeares onely.

Lib. 6. de e­lect. cum exeo. PRESENTI CONSTITVTIONE sanci­miis, vt episcopi, eorum (que) superiores cum hiis qui huiusmodi sub­iectas sibi ecclesias obtinent, vel obtinuerint in futurum, dispen­sare possint liberè quod vsque ad septennium literarum. &c. By this present decree we ordayne, that the Byshops and their supe­riours, may freely dispence with those that eyther nowe do ob­tayne, or hereafter shall obtayne vnder thee, such Churches, that they continuing at study for learning, be not compelled to be pro­moted vnto orders, vntill the ende of seuen yeares. And though this Lawe seeme speciallye to haue respect vnto such, as for studie sake are Dispensed with, for not entering into the Mynisterye, before the ende of seuen yeares: yet the reason of the Lawe abridging the time of continuall absence, and appoyntinge [Page 148] that the flocke be not left without one able to gouern and teach, the same is to be extended to all manner of dispensations whatsoeuer, where the like absence may breede the like daunger. ff. De. vi. & vi. arm. l. 1 §. quod vulgo. ff. De. legib. l. non possūt. Vbi eadem ratio, idem ius statuen­dum Where one, and the selfe same reason is, there one & the selfe same law is to be ordeined. De similibus simile debet esse iudicium, In cases alike, a like iudgement ought to be had. And it is expresly forbidden in the Chapter. (QVIA) before mentioned, that no perpe­tuall Dispensation for receyuing of Ecclesiasticall fruites be graunted, no not by the Pope him selfe. And there is expresse mention made of him that shall not be resident vpon one of his Churches: that shall be Student in any Schoole of learning: that shall be absent from his benefice, eyther at the Court of Rome, or at any other place whatsoeuer, that euen such a one shall not haue any perpetuity by Dispensation, thereby to receiue the fruites and profites of that Church, from the which for any of those foresay de respectes, he may be absent. Therefore against perpetuities of Plurali­ties, out of the Chapiter (Is etiam) & out of the Chapter (Quia) before rehearsed, I conclude thus.

• 1 Euery Dispensation graunted for the enioying of the Fruites of any parish Church, without limitation of a certayne time, is a voyd Dispen­sation.
• 2 But euery Dispensation graunted for the perpe­tuall receiuing of the fruites of anye Parishe Church, is a Dispensation without limitation of a certaine time.
• 3 Therefore euery such perpetuall Dispensation, is a voyde Dispensation.

THe first Proposition of this Syllogisme, is the Po­sition of the law it selfe. The minor is most plaine. [Page 149] For whatsoeuer is perpetuall, the same can not be li­mited, and whatsoeuer is limited, the same can not be perpetuall. And this perpetuitie in this case, an I sayde before, hath euermore relation to the terme of life, be­cause he is sayd to haue a perpetuitie a benefice, that hath a benefice for terme of life. And to take away all synister and double dealing in this action, you shal vn­derstande, that a dispensation graunted once for seuen yeares, at the ende of the sayde seuen yeares, maye not be renued and reiterated, for so at the ende of euerye seuen yeares, a new dispensation beeing had, in effect à perpetuall dispensation might be tollerated, and so a man by fraude and couen, might enioy that, from the which by equitie and lawe he is altogeather secluded. Which fraudulent and disorderly dealing, by certaine generall, principles and rules in lawe, is absolutely pro­hibited. The maximes are these. De diuor c. quanto. §. fi. & de elec. commissa. l. 5 Extr. de reg­ni. iur. c. cum quod. ff de ver. ad ciuili. perti. l. li. §. 1. No statutum ipsum fiat ludibrio, debito (que) frustretur effectu, & non rebus sed verbis, (cum sit potius contrarium faciendum) let imposita videatur nullatenus ea vice poterit iterato conferri. Quod direste prohi­betur, indirectè, non conceditur: cum quod vna via prohibetur alicui, ad id alia via non debet admitti [...] & quid quis in perso­na sua facere prohibetur, id per subiectam personam exercere non debet. That the statute it selfe may not be deluded and frustrated of hir due effect, and that the lawe may seeme to be made, not for thinges but forwords (when the contrary is rather to be done) it may not by anye meanes be againe the second time conferred. And that which is directly prohibited, is not by another way in­directly to be suffered: Whensoeuer a thing is forbid­den any man one way, the same man ought not to be admitted to the same thing an other waye: And that which a man is forbidden to do in his owne person, he ought not to exercise by a substituted person. So that once againe I say, if it might please God, to stirre vp the hearts of hir highnes Commissioners, to haue a mature [Page 150] and ideliberate consideratiō of the statute before men­tioned they shall find matter sufficient, to pronounce a great number of licenses, faculties & dispensations by law, to be meerly voyde, and of none effect. And so ma­ny benefices to be voyd, & in the hands of hir highnes, vnto whom by lapse, right hath accrued to present. For by that statute the Archb, hath no power or authority to graunt any other licence, faculty, tolleration, or dis­pensation, thē such as before the making of the statute, was vsed and accustomed to be had & obtayned at the sea of Rome, or by authority therof. But no licence, fa­culty, tolleration, or dispensation, before that time was had or obtayned at the sea of Rome, or by authoritie thereof, for the Frutes of any parrish Church, by way of any kinde or manner of any perpetual dispensation, or for any longer time, then for 7 years only, as appea­reth by the former Canons and constitutions, therfore none other ought heretofore to haue beene graunted, neither though they haue been graunted, are they effe­ctual or auailable being graunted, Anon iudice, & contra formam iuris scripti, by one that is no iudge, and againste the forme of law writtē. ff. quod vi. aut clam l. prohibeti. § plane. Iudex non potest vltra facere, quam ei concessum est a lege vel consuetudine. A iudge may not do beyond that, that is graunted him by law or custome. Extra. de reb. eccle. non a­lienam. c. It is forbidden that church goods should be alienated without a cause, or without authority of the superior. If therefore any alienation be made of Church goodes without a cause, and [...] by authority of the superiour, the alienation is voyd. [...] infe­ctis haberi. Thinges done contrary [...] ought to be accounted, as thinges vndon. And againe: Cod. de leg. l. non dubium. Cod. de pre­cib imper. offerend l. 1. Sufficit legisla­torem aliquid prohibuisse, licet non ad [...]cerit, si contra factum fuerit, non valere.. It is s [...]fficient that the lawe maker for­bid, though he shall not adde, that the thing don con­trary to his prohibition shall be voyd. And againe. Im­periali constitutum est sanctione, [...] ea quae contra leges [Page 151] fiunt, non solum invtilia, sed etiam pro infectis haberdit sint. It is plainly decreed by an imperial constitution, that the thinges done against the lawes, are not onely vnprofi­table, but also are to be accounted for thinges vndon. And thus much concerning the causes & circumstāces of dispensations for many benefices. It followeth thē in the description of a dispensation, as you haue seen that the same ought to be granted, cum causae cognitione, with knowledge of the cause: the reason is this. Glos. Extra­uagan. de prebend. & dig. c. execra­bilis. ver. vl­tima. Duo sunt in dispensatione necessaria, authoritas dispensantis, & factum per quod dispensatur. Nam in quolibet actu considerari debent duo, factum & modus. Two things are necessary in a dispensa­tion, authoritie of the dispenser, and the fact whereby he shall dispence. For in euery Act two thinges are to be considered, the fact, and the maner of the fact. And therefore a magistrate, hauing authority to dispence, ought not vpon the bare assertion, and simple allega­tion of any person disirous to be priuiledged, and to haue the Magistrate, to mitigate the rigour and extre­mitie of common right, graunt any such mitigation, vnlesse the partie first alleadge, and by some lawfull proofe, make manifest vnto him, that both touching the abilitie of his person, and the necessitie of his cause there ought in equitie an exemption and immunitie be graunted vnto him. For, Priuilegia sayth the Lawe, ff. de minori. l. de etate d. ex de priuil. c. sane. 7. q. 1. potuisti. bast. l. 1. de col. l. ver. are preiudicialia, & magnum pariunt preiudicium & ideo sunt cum plena causae cognitione tracta [...]de, & priuilegium non est dandum, nisi certa ratione inspecta, & non subito sed cum magna deliberatione. Priuiledges are preiudicall, & breede great preiudice, and are for this cause to be handled with a plenarie decision of the cause: And a priuiledge is not to be giuen vnles the certain reason therof be foreseen and not sodenly, but with great deliberation & aduise. In which deliberation & aduisemēt taken by the iudg: first the allegation or petitiō of the party agent or sup­pliant: secondly, the prone & manifestation of the same his periō; is to be cōsidred. For no dispensatiō ought to [Page 152] be graunted at the proper motion and pleasure of the iudge alone: but euery Dispensation ought to be gran­ted at the instance and petition of the party alone. § Hoc au­tem iudiciū. ff. De dam. infect. ff. De regni sur l. inuito. & extra de Symo. Licet heli. Cod. de fidei com. li­ [...]ent. l. si. Quiae laxari i [...] non debet; nec solui, nisi parte postulante: & inuit [...] non debet beneficium conferri: Et sententia debet esse confor­mis petitioni: Et index semper debet indicare secundum allegata & probata. Because the Lawe ought not to be released, or remitted, but at the petition of the partye: and a sentence ought to bee conformable to the demaunde: and a iudge ought euermore to giue sentence, accor­ding to thinges alleaged, and thinges prooued. And therefore sithence no other cause by Lawe, may be al­leaged in the Court of faculties, for the graunting of any dispensation, for many benefices, then the very apparant vtility, and vrgent necessity of the Church: I con­clude, that the iudge his duety & office is, in any wise not to admit any other māner of allegation, but to pronounce the same altogether friuolous and to be of no valew in Lawe. The Doctorship, the Chapplainship, the worship of any ecclesiasticall person, are not sufficient causes in this behalfe alone, vnlesse also together with the same, meete and concurre the profite and necessity of the Church. And if the said allegation, as vaine and friuolous, be to be reiected, then no Dispensation ther­vpon ought to be graunted: for otherwise the Iudge should of necessity eyther allow other causes, then the Lawe doth allowe, or else pronounce iudgemente o­therwise, then according to the demaund, both which were too too greate absurdities. And therfore out of the former rules and principles of Lawe, I argue thus.

• 1 Whatsoeuer is hurtfull and preiudiciall, the same ought aduisedly and vppon consultation to bee graunted.
• 2 But Dispensations are hurtfull and preiudiciall:
• [Page 153]3 Therefore dispensations ought aduisedly, and vp­pon consultation to be graunted:
  Extra. de pri­uilig. c. sane.
  And if euery dispensation ought to be graunted by sentence vpon some consultation had, that then euerye sentence vpon some consultation had, ought to be giuen according to thinges alleadged, and thinges demaunded▪
  Extra. de si­mo. c. licet heli.

IN which allegation and demaund, to the ende the sentence may be conformable to the demaunde, and so effectuall in law, must be foreseene two things. First, that there be expressed no false or erronious cause. Se­condly, that the same hide or conceale no truth. Glos. in ex­trauag. exe­crabilis de prebend. ver. ex dispensa­tione. For Ea dicitur legitima dispensatio, in qua nihil tacetur, vel nihil exprimitur, quo expresso vel lacito, princeps verisimiliter duci potest ad dispensationem denegandam. That dispensation is reputed lawfull, wherein nothing is concealed, or no­thing is expressed, that beeing concealed or expressed, the prince may be likelihood, be induced to deny the said dispensation. If then euery sentence must be con­formable to the allegation, and euerye iudgement a­greeable to the demaund, and that neither out of the sentence for a dispensation any knowen truth, or ma­nifest equitie ought to bee concealed, neither in the same, any salse or erronious cause ought to be expres­sed, it followeth of necessitie, that euerye allegation, made for a dispensation ought to be of the same na­ture, and of the same condition: (and that euery allega­tion, not of the same nature and condition is an vn­lawfull allegation, and an vnequall petition. Moreo­uer euery one that hath authoritie to dispence, ought to keepe this rule, Glos. in ex­trauag. cōi. col. 3. ver. Ʋt statuat, vel disponsit contra ius, aut contrascriptum, si aequitas quae mouet ipsum, mouisset legislato­rem, si casus nunc emergens esset sibi expositus. That they or­dayne or dispence against law, or against writ, if such e­quitie as mooueth him, might haue mooued the Law­maker [Page 154] himselfe, to haue graunted a dispensation, had the case now growing, bene proposed at the time of the law making, to the law maker: It followeth then a­gaine, that equitie beeing the cause of the sentence for a dispensation, the same equitie, must also bee the cause of the allegation for a Dispensation. For if the iudge must giue a dispensation, where equity requireth, the party must then demaund a Dispensation where equi­ty requireth. For equity is always the foundation and groūdwork of a dispensatiō. And what equity euē such equity, as might iustly haue mooued the Lawemaker, to haue graunted a dispensation. Nowe then, because the Lawmaker, authorising the Archbysh. of Cant. to giue Dispensations, hath beene the high Court of Par­liament: It followeth that the Archbysh. may dispence onely in such cases, as wherein the high Court of Parli­ament would haue dispenced, had those cases bene al­leaged before the high Courte of Parliamente, which are alleaged before the Archbysh. ff. De. offic. prefect. pre­ter. l. 1. in si. Iudex non aliter iu­dicare debet, pro sapientia & luce dignitatis suae, quam prin­ceps esset iudicaturus. A Iudge, for the wisdome, and excellencye of his worthy calling, oughte no other­wise to iudge, then the Prince himselfe woulde haue iudged. Suppose then, that suche a Cardinall as of whom, mention hath beene made, or such an Abbot, whose Abbacy, is a Nemo scit: whose two Ecclesiasti­call promotions besides, are at the least worth siue hūdred marks by the yeare: suppose (I say) that such a Cardinall, shoulde come into the Parliament house, and after lowe obeysaunce made, preferre this or the like Byll to the speaker, beseeching the whole house, vppon the reading thereof, and the equity of his cause, to graunt his suite. I. A. B. clearke, say, al­leadge, and shewe, before your excellent wisedomes, that the Church of S. S. by the naturall death of D. H. Late incumbent, is become vacant: and that I the said, [Page 155] A. B. am qualified, according to the Statutes of the Realme: Non potest dispensatio super plura­litate bene­ficiorum cō ­cessu impe­tranti pro­desse, qui ali­quod quan­tumcu (que) mo dicum bene­ficium con­ticuit in eadem. and the Patrone of the same benefice, hath presented me thereunto: and that I am possessed al­ready of such and such a spirituall promotion: and that I am bound by the Statutes of my house, to bee resyant in the same, three moneths in the yeare: and that I am bound by the Statutes of the Church of one of my promotions; to bee present in the same Church two moneths in the yeare: and that I am bounde by the Statutes of the Church of my other promotion, to be present ther three moneths in the yere: & that I am bound by my alleagiance to her highnesse, to be pre­sent else where some whole quarter of the yeare. And that the soules of the people of the foresayde parish, are in daunger of the Wolfe, not hauing a Pastor to feed thē: and that the euident vtility & vrgent necessity of the same Churche, requireth a gouernour; may it therefore now please your wisedomes, to award mee a Dispensation, to enioy the fruites of the same Church, to tollerate myne absence, and to be Nonresident, &c. Suppose, (I say) that this, or the like supplication were made by a plurified Prieste in the Parliamente house wold the house trow you, be moued presently to yeeld to so vniust a petition? I trow nay. For though the par­ty should expresse in his petition al things to be expres­sed, & conceal nothing to be concealed, as by the first rule before repered is required: yet the house woulde no doubt, be mindeful of the secōd rule, & dispute the equity of his cause, & so award iudgemēt accordingly: they would not vpon so bare & naked assertion, decline frō iustice & equity: And no doubt the speaker himself, would blush to peruse such a bill, much lesse would he present such a Byl to the house to be discussed, though for his fee (being a priuate bil) he might be very liberally rewarded. An Archb. then ought to be rightwel ad­uised, & take heed how, for a trifle he either admit any [Page 156] such byll or allegation, or hauing once admitted it, how he passe the same vnder his publike and authen­tike seale. In as much, as he ought not to admit any other allegation, or passe any other dispensation, then such as the high Court of Parliament in their wise­domes would admit and passe. And therefore I con­clude thus:

• 1 Whatsoeuer allegation, or dispensation the Lawe­maker, viz. the high court of Parliament, would not admit or passe vnto a plurified man, the same allegation or dispensation the Archbi­shop ought not to admit or passe:
• 2 But the lawmaker, viz. the high Court of Parlia­ment, would not admit or passe any allegation or dispensation, to such plurified priestes, ma­king such a petition, as hath beene mentioned:
• 3 Therefore the Archbishop ought not to admit or passe any such.

THe maior proposition is a rule of law: the minor proposition is euident vnto euery one, that duti­fully considereth, with what wisedome, iustice, and e­quity the high court of Parliament determineth mat­ters amongst them discussed. They are not contented to haue a bill barely reade vnto them, but they tho­roughly examine the reasons and proofes of him that preferreth the same. For as I sayd before, truth, equity, and diuers circumstances, must not onely be alleaged, but the law requireth, the same to be prooued also. He that hath right, and interest to an inheritaunce, often­times loseth it, for want of profe. Bart. & alij doctores. in l. 1. Cod. de prob. He that alleadgeth him selfe to be borne of some noble parentage, and he that alleageth him self to remaine at study, must proue the same. If a pupill damnified by any contract, made by him vnder age, shall requyre ayde of the Pretor to [Page 157] be restored to his former right, hee must prooue that he was vnder age at the time of the contract, and also that he hath sustained detriment by the same contract. Authent. Colla § te­neantur. Glos. & doc. in prohe. l. 6. Glos. extra. de restitu. spoliat. c. olim. vers. restitutione. Extra. offic. de leg. c. consultationem. Otherwise the pretor ought not to giue restitution, where one by force is spoyled of his passion, and re­quireth to bee restored thereunto, he must not onely alleage but also prooue force and possession. The Church that by negligence of any Proctor or Sollyci­tor shall alleage her selfe, by his negligence to bee hurt, & to suffer losse in hir substaunce, and for that cause seeketh helpe at the handes of her superiour, to be restored to her former estate, must prooue as well the negligence committed, as the dammage sustained in that behalfe. The like is verified of one that is dis­possessed of his goodes, in the time of his absence be­yond the Seas. And so it is required in graunting any priuelege immunitie or dispensation for many benefi­ces. The party desirous to haue a mitigation of the ri­gour of common Lawe, ought to prooue, that as well in consideration of his person, as for the reasonable­nesse of his cause, the iudge in equity and conscience, ought to graunt an immunity. And this proofe that it be substanciall and good in Lawe, must be made either by the confession of the party, eyther by witnesses, ey­ther by some Authentike and publique instrumente, eyther by the euidence & notoriousnes of the fact it selfe. Extra. de re­stitu. spol c. cum ad se­dem. Touching which proofes, howe substantially they haue beene made; I referre the Reader to the Records of the Prerogatiue Court, where, no doubt for the iud­ges owne credite, they are safely kept: and as publique Recordes, to be seene of any man, desirous to knowe Antiquities. For my part, though I confesse that the dignity and worthinesse of a person to be priueleged, may easily be prooued, yet can I not imagine, by which of these proofes, the causes required by Law, as vrgent necessity, and euident vtility of the Church, destitute [Page 158] of a Pastor, shoulde in these our dayes be manifested: the Church it selfe Viz. The congregation, (I suppose) will neuer confesse it behoouefull for them to haue their pastor absent, and to giue their temporall things, to enioy spirituall thinges, and yet to be depriued of both spirituall and temporall. As concerning proofe by Witnesses, or by publique instrument, because Witnesses must yeelde a reason of their sayings, and a publique Instrument ought to be made, by a fayth­full man, at the request of the party: and because no witnesse can yeelde any reason, why his neyghboure shoulde not be taught, and euery Faythfull man will doe all things for the trueth, and nothing against the trueth: and because the truethe is, that his Neygh­bour should be taught, and no man will desire to bee vntaught: therefore as concerning these proofes, I can­not imagine (I say) how they should be made. It rest­eth then, that the euidence of the fact, must bee the proofe, whereon plurified men relie, that the vrgent necessity, and euident vtility of the Church, for the hauing of many benefices, is a thing so notorious and euident to all the worlde, that none may denye the same. Wherein howe grosse and palpable their erroure is, I leaue to the consideration of indifferent men, thorow out the whole world. Now, if you ad this last part of the definition of a Dispensation, & suppose that it must be granted, Cum causae cognitione, with knowledge of the cause, that is by alleadging and proouing things iust and equall in the sight & iudgement of the Parliament house, you shal find either all, or the most part of dispensations granted in the Court of faculties for many benefices, not to be the things defined, & so to be nothing in effect at all, and therfore though they as yet seeme to stande good by Lawe, yet to be such as ought to bee reuoked and made voyde by Lawe. Distinct. 10. c. vides. Quicquid contra leges accipitur, per leges dissolui meretur. [Page 159] Whatsoeuer is admitted against Lawe deserueth to be loosed by Lawe. Extra. de pri­ueg. c. porro. &c. p [...]. Et sic eos volumus priuilegiorum suorum seruare tenorem, quod eorum metas transgredi minime vide­antur. And we will them so to keepe the tenor of their priueledges, that they seeme not in any cause to passe their boundes. Extra. de priuelig. Nam qui permissa sibi abutitur potestate, priuilegium meretur amittere: Et qui malitiosè priuilegium, principis interpretatur, infamis, efficitur. Cod. de leg. & constitu. l. 2. For he that abuseth power graunted vnto him, deserueth to loose his pri­uiledge: and hee that maliciouslye interpreteth the priueledge of a Prince, is made infamous. Besides these there are diuerse and sundry other causes, for the which also, a priueledge as vnlawfull, is reuocable. 3. q. b. c haec quippe. 1. 1. q. 3. pri­uelegium. Extra. de Decret. Sug­gestum. 25. q. 1. c. de ecclesiasticis ff de vulg & pupill. Sub­stitu. l. ex pacto. & gloss. c. im­perator. ver. quod non. 25. q. 2. XCIX. distinct ec­clesiae. ff. de consti­tu: princ. l. penult De glos. in c. quid per. nouale. Ex­tra de. ver. 6. signifi c. ma­gis. lib. 6. De rescrip statutum. Priuatur quis priuilegio propter scandalum: & qui non exer­cet ad subditorum vtilitatem, sed ad suam voluntatem. &c. A man loseth his priuiledge, if an offence grow by means of his priuiledge: and he that doth not exercise his priuiledge to the profite of such as are vnder him, but at his owne pleasure, such a man loseth his priuiledge: And a rescript ought to be such, that it hurt none: and at what time soeuer a priuiledge turneth to iniquitye it foorthwith preuayleth not: neyther ought the Pope for the increase of his owne honour, diminish the right of the church, or of any other. And the reason is this. Propter euidentem vtilitatē & enorme, damnū receditur ab eo quod diù vsum & obtentū est. For some common profit, & some inordinate hurt, we forgoe that, that a long time hath bene vsed & obserued. Now, whether the lawfull bounds of dispensatiōs be passed; whether they be abused or maliciously vsed? whether any offence growe by them: whether they be vsed rather to the profit of the people, then to the pleasure of the parson: whether any iniustice be commited, & the right or title of any other bee impeached: or any great domage ensue by thē, I refer it to the iudgmēt of men of experiēce in our time Sure I am that the Lordes seruauntes speake againste them, preach against them, and writte against them: [Page 160] Sure I am, that the vices growing by them are as rife, as euer they haue beene in any age heretofore: Sure I am, that the prosperous state of the Mynistery is impo­uerished by them: Sure I am, that the people are vn­taught by them: And sure I am, that the Lord is disho­noured by them, and his Gospell hindred by them. And therefore I conclude thus against them. Cessante causa, cessàre debet effectus, the cause ceassing, the effect ought to cease. The assumption is manifest, For equity grounded vppon vtility and necessity of the Church, was the cause of Dispensations: but the equity ceaseth, therefore the other should cease. What is more con­trary to natural reason (saith a lawyer of singuler iudg­ment) then that one and the selfe same man, shoulde take vnto himselfe diuers stipendes of the Churche in diuers and farre distant places: What common wealth of man (sayth hee) suffereth her Iudges, her rulers, her notaryes, and other officers to gadde abroade, and in their absence to enioy theire stipendes? What man though his House be ample and very rich, doth pay to his seruaunt absenting himself, the wages due to many seruauntes: or admitteth to serue in his roome, whom soeuer the same his seruaunt shall appoynt him in his roome: onely the house of God, the holy Church, is by such inordinary dealing depriued of her ministery, and defrauded of her lawfull duties. What? shal the Church of God, the best beloued Spouse of Iesus Christ, which he hath redeemed by whippings, by buffets, & by the sheading of his bloud, feede Haukes? bring vp Doggs? pamper Horses? nourish Whoores, Flatterers and se­ditious men, which trouble the common wealth; Rebuff. de dispēsatione ad plura benefic. fo. 149. 64. and in the end concludeth thus, Effectus dispensationis est, vt si perperam concessae sit, tam animam concedentis, quam dispen­santis, ad infernum deducat. The effect of a Dispensation is, that if it be graunted vnorderly, it carrieth the soule, as well of him that giueth it, as of him that receyueth [Page 161] it to Hell: Whereas it may bee supposed, that fees payde into the Hanaper, by passing of Dispensations vnder the great seale, are a great increase of her high­nesse treasure, and an augmentation of her reuenues. I aunswere that Dispensations for Symony, Nonresi­dency, and many benefices, are so farre from beeing a­ny encrease of her Maiesties treasures, as that they are indeede a great diminishing of the same. For first, as touching Dispensations for Symony, whereas by e­uery dispensation graunted vnto a Symoniacal person, her highnesse receyueth into her hanaper at the moste [...] Shillings: the greatest ordinary fee limitted by the sayde statute, for any Dispensation to be graunted her Maiesty for the same, [...] looseth 10. 20. 30. 40. or 50. Poundes, to be payde into the court of tenths and first Fruites. For, were the party committing Sy­mony, for the same offence by lawe depriued from his benefice, her highnesse were then to haue of the next incumbent, the whole first Fruites of the said benefice, euen ten times so much at the least, as is paid into her hanapire: Or were the Symoniacall person a plurality man, and so depriued from all his benefices and eccle­siastical promotions, her highnesse were then to haue, the whole first Fruites of all his Benefices and pro­motions, fortye times so much as shee enioyeth by graunting his dispensation. And as touching the fees due for Dispensations, graunted for many Benefices, though the same fees may happilye amount in some one yeare, too many hundreds: yet by meanes of the sayde Dispensations, her highnesse is impouerished yeerely by many thousands. The oftener euerye bene­fice or promotion is voyde, by death, resignation or depriuation, the oftener is another admitted vn­to the same, and the oftener doth her highnesse receiue the first Fruites of any such benefice. Now, it is euident that the conioyning of two, three, foure or [Page 162] fiue thousand benefices or promotions vnto one thousand men by dispensations, is a manifest impediment to the auoiding of so many incumbents from so many benefices, as which by death, resignation or depriuati­on of the said incumbents, might & were likely to be made voyde. And so the saide dispensations, being an hinderance to the auoiding of benefices, they must necessarily be also a very direct meanes, to keepe from her exchequer that treasure, that otherwise should or­dinarily be brought vnto it. And though by the death, resignation, or depriuation of euery plurality man, eue­ry of his benefices be made void: Yet his said benefices are not so often made voyde, as otherwise they should be. And therefore though her highnesse haue the first fruits of two, three, foure or fiue benefices in the hands of one pluralitye man, dying, resigning, or beeing depriued: Yet hath she not the first fruites of the sayde benefice so often as otherwise she might haue, wherby her reuenewes are lessened. Since therefore, for one man to enioy many benefices by dispensation, maintai­neth couetousnesse, and is contrary to the ancient ca­nons: mainteineth ambition, and ministreth matter for a roaging a gadding, and a dissolute mynistery: since it conuayeth stipends due vnto many, from many vnto one: Since it is an hinderance of residence, and contai­neth peril of soules: Since it is a kind of theft, rauine & spoil: Since it is vndecent and vncomly: Since it is con­trary to the good customes of the Church: Since the honesty of the church thereby is defiled, the authority thereof contemned: the trueth of Christ troden vnder foote, & loue banished: Since among the rich Prelates and plurified men them selues, strifes, contentions, brawles and enuies arise, and are nourished: Since the fire of God his wrath is kindled against vs by them: since it is against the law of nature, and repugnant to the law of God, and therefore nourisheth a Monster in [Page 163] nature: since it is against the weale, peace, profite and conseruation of the Realme: since it is against the vti­lity of the Church, & that the necessity of the Church requireth the clean contrary. Since it is preiudicial and derogatory to the last Willes and Testamentes of our ancestors: since it is dishonourable and dangerous for her maiesties person and safety: since priuate necessity & pouerty, is no sufficient cause for the maintainaunce thereof: Since the miserable penury of our stipendary curates, therby is made intollerable. And again, since al these things are offensiue, & that a priuiledge so soone as it becōmeth offensiue, & not exercised to the profite of many, but to the will of one: is forthwith to be with drawn: Since euery priuiledge ought to be such, that it damnify none: and since it forthwith looseth the name of a priuiledge, if once it turn to any iniustice: since that nothing is more contrary to naturall reason, then that one and the selfe same man, should take vnto him selfe diuers stipendes of the Church, in diuers and farre di­stant places: since it is against the pollicy of euery good common wealth of man: since it is contrary to the go­uernment of euery good and prouident housholder: since it carrieth headlong the soules, as wel of him that giueth it, as of him that taketh it, to hell: yea and since it is an impouerishing of hir Maiesties treasure, and di­minishing of her reuenewes: Let vs conclude, for one man to enioy two or moe benefices by dispen­sation, to be a thing altogether intollerable, and vtter­ly vnlawfull.

¶ Excommunicati­on, by one alone forbidden.

15. q. 7. c. E­piscopus. EPISCOPVS NVLLVS, &c. Let no Bishop heare any cause with­out the presence of his Cleargie: O­therwise the Bishops sentence not con­firmed by the presence of his Clearkes shall be frustrate.

Extra. de ex­cessis prelat. c. 1. MANDAMVS, &c. We commaund that in any wise you pre­sume not to exercise against the Cleargie, any vnlawfull tal­lages and exactions: Neither that hencefoorth you vnreaso­nably greiue them, or vnhonestly intreate them, or els suspende them, without the iudgement of the chapiter. And againe.

Extra. de hiis quae. fi. sine. consen. cap. c nouit. NOVIT, &c. Your discretion and wisedome knoweth, how that you and your brethren are one body, so that you are the head, and they approoued to be the members: wherefore it be­commeth not you, to leaue your owne members, and to vse the aduise of others, in the dispatch of your owne Church affayres, because without all doubt, the same is both gainst your honestie, and the institution of the holy fathers. For it hath beene ma­nifested vnto vs, that you, without the councel of your brethren, do place and displace Abbates and Abbases, and other ecclesi­asticall persons. Therefore we commaund, &c. For we ordaine that such placinges and displacinges be of no force. And a­gaine.

Extra. de hiis quae fiunt. si. consen. cap. c. quanto. QVANTO, &c. We commaund your brotherhoode, that [Page 166] in grauntes and confirmations and other busines of your church, you require your brethrens presence. And that with the Coun­cell of them, or the sounder part of them, you handle and finishe those matters: and that you ordayne such thinges as are to be ordayned, and correct errours and abolish and roote out these thinges that are to be abolished. And besides these Canons there are many other constitutions, confirming, that a bishop, ought not by law written and common right, to exercise any iurisdiction, without the special aduise, councell, and presence of the Chapter. Glos extra. de offic. iud. ordi. c. irre­fragabili. ver. per capitulū. The reasons wherevpon these and such like decrees were grounded are these. Firste, that the iniuries, extorsions, vio­lences, the cruell & vnciuile entreatie vsed by the Pre­lates against the inferiour Cleargie, should cease and be extinguished: Other rea­sons, &c, vid. c. 1. Secondly, as the heade in euery naturall bodye, hath the vse and consent of all the other mem­bers to euery naturall action: euen so sayth the lawe, the bishop being the head, that is to say the chiefe and principall member in the spirituall bodye, ought to haue the vse of his fellow members to euery spirituall action: The bishop without his fellow mem­bers may not excommuni­cate. And marke the reason of the law, for in that it saith the bishop is but a member, it concludeth that he is not the body. For he & his other brethren al mem­bers, make but one bodie. Corinth. 1. Now euery member thogh it be the principall member, whether it be the head, or the heart, or the brayne, standeth in neede of the helpe of euery inferiour member, whether it be the hande, the foot, the finger, yea or the very excrements of the body as the nailes or the haire. And therefore out of these Canons, I argue thus.

• 1 No chiefe member of any body, can do any thing in the body, without the consent, and assistance of his fellow members.
• 2 But euery bishop is a chiefe member of a body:
• 3 Therfore no bishop can do any thing in that bo­die, [Page 167] without the consent and assistaunce of his fellow members.

THe reason of the first proposition is this. Whatso­euer is good or euill for one member, the same is good or euill for euerye other member: And beeing good for one, it must needes be allowed of all, and be­ing badde for one, it must needes be disallowed of all. Which naturall reason taking place in the naturall bo­die, the law translateth vnto the politicall or spirituall body, and willeth that the same be allowed of all, that toucheth all: Quod omnes tangit ab omnibus approbetur. And if any thing once touche and concerne all, it can not by an other rule in lawe, be translated to one-Quod semel meum est, sine mea voluntate, à me auferri non po­test. That which is once mine, can not without my will bee taken from me againe: Et vnaquaeque res per quascan (que) res nascitur, per easdem dissoluitur: Euery thing by what causes soeuer it is begun, by the same it is dis­solued. Moreouer, touching excommunication, there is one other speciall reason, why the bishop maye not excommunicate alone, without the consent of the Chapter: namely, because this kinde of punishment, is the greatest punishment in the Church: Glos in c. 1. extra. de ex­cessib. prelat ver. capituli. For it is sayd by lawe to be Eternae mortis damnatio, & Satanae tradi­tio, A condemnation vnto eternall death, and a deliue­rie vnto Sathan, then the which there can be no more greeuous punnishment. Excommu­nication the greatest pu­nishment. And therefore I conclude thus.

• 1 The greatest punishment ought not to be inflic­ted but by great aduise.
  Glos. p. edic. extra. de.
• 2 But excommunication is the greatest punnish­ment:
• 3 Therefore excommunication ought not to be in­flicted but by great aduise.

COncerning such as beeing once placed in any ec­clesiasticall function, and who for their misdemea­nour are to be displaced againe; the law to prooue the necessitie of the Chapters consent herein, vseth this comparison.

15. q. 7. c. vlt. SI ENIM HII, &c. For if they which in this world, haue receiued frō their Lords the honor of liberty, are not deli­uered again into the yoake of bondage, vnlesse they be publiquely accused, before the tribunall seat of the Pretors or presidentes: how much more ought they which are dedicated to the seruice of the holy Altar, be consecrated with ecclesiasticall honor, who verily may neither be condemned, neither be depriued, from the priuileage of their honour, by the iudgement of one man. But beeing presented vnto a synodall iudgement, ought in the same, to haue decreed against them, whatsoeuer the Canon hath com­manded. Now because these lawes and ordinaunces are sufficient, to proue what cōmon right & law written is in this case, & that euery bishop exercising iurisdiction, without the aduise and presence of the Chapter of his Churche, ought to haue some other grounde for the maintenaunce of his proceedinges then law written: it followeth to be discussed, what the same grounde is or may be. The pope reseruing a power vnto him selfe (as he sayth) aboue his law, hath power to breake euery of his lawes, and so hath no law but his will, and so ma­king him selfe a God on earth, hath made prouisions, that both this law, touching the not exercising of Ec­clesiasticall discipline by one man alone, and the lawes of non residency, and the not hauing of many benefi­ces may be in truth no lawes at all, and so in effect hath allowed a monster, and a contrarietie in nature, that one member should be all the members: and that the head should be the whole body. And what haue they done els, that haue maintained by publike wrytinges, the like proceedinges now a dayes to be lawfull? For though they haue beene no Popes them selues: Yet [Page 169] herein they can not denye, to haue beene the Popes Champions, hauing no other warraunt for such their doinges then the Popes will, whose lawlesse will they maintaine, to the vtmost for a lawfull law, that mayn­tayne excommunication by one man alone to be any whit lawfull. Well then, as these lawes haue been made to rule and gouerne the Church by, so these lawes haue beene a long time vnmade, to vnrule and vngo­uerne by, and that not without coullour of law to: As first by way of priuiledge: secondly, by meanes of cu­stome and long vsage. To speake in this place of pri­uiledges graunted to this effect were superfluous, and very impertinent. Custome the ground of excommuni­cation and not the law. For though our bishops may haue remayning in their old recordes, priuiledges from the Pope, to giue them immunities in this behalfe, yet for two respects, I suppose they will conceale, rather then reueale them. First, for that they seeme to maintaine their doinges herein, rather by the scriptures then o­therwise, wherein how manifestly they erre, both the scriptures, and the custome of the Church repeated by these Canons, are euident witnesses. Secondly, for that their priuiledges beeing graunted by an vsurper to her maiesties crowne and dignitie, and not confirmed by the lawes of hir Empyre, would yeelde them very little aduauntage. I mind therefore in this treatise special­lye to handle the matter of custome in declaration, wherof you may by the laws recited, perceiue the same to haue beene as lawfull by priuiledge as by custome. Institu. de iu­re natu. gent. & ciui. §. sine scripto. The reasons of which custome are these viz. Diuturni mores consensu vtentium comprobati, legem imitantur. Dayly or continuall manners approoued by consent of such as practize them, do imitate a law.

ff. de. leg. l. de quibus. § CVM IPSAE LEGES, &c. In as much as the lawes themselues by no other meanes do binde vs, then for that they be receaued by the iudgement of the people, euen as right­ly shall those thinges also binde all, which the people without any [Page 170] writing hath allowed. For what difference is there, whether the people declare their will by voyces, or by deedes, and the thinges them selues. Wherefore this thing also hath beene very right­ly receaued, that the lawes should not onely [...]e abrogated by the voyce of a law maker, but also thorow the secreat consent of all by growing out of vse. Instit. de iure nat. gent. & ci. § sine. The Lacedemonians, whatsoeuer they by experience found behoueful for their gouern­ment, put the same to memory, and kept the same as a law.

ff. in c. quan­to &c. nouit extra de hiis quae fi. sin. consensu ca. c. 1. de consu­etud lib. 6. Panor. in c. fi. extr de con­suet. QVAMVIS (saith PANORMITAN) ius induxit, &c. Though the lawe haue ordayned, that a Bishop should determine matters with the Chapter, because the Bishop and the Canons make one body, and therefore that iudgement is to be reckoned more strong, that is ratified by the consent of many: Yet notwithstanding a contrary custome may be esta­blished, namely that by meanes thereof busines might be speedely dispatched. Vpon which reason, this law following tou­ching this controuersie was made.

Extra. de hiis quae fin. si. c. consen. cap. c. ca. noscitur NISI EX ANTIQVA, &c. Vnlesse by some aunci­ent and approoued custome, or liberty graunted, some of them prooue, that the consent of the Colledge committed to their go­uernment, ought not to be requyred in conferring Churches or benefices. And againe. Lib 6. de consuet. c. non est. Dum talis sit prescripta Canonice con­suetudo, &c. So that such a custome be canonically prescribed, which the Bishop doth alleadge, that in the inquisition and cor­rection of his subiectes excesses, he is not bound to require the councell of his Chapter. These reasons, and these lawes, be­ing the reasons and the lawes alleadged for custome in this case to gouerne and rule, are particularly to be ex­amined and applied to this action. No cause for this custome to be conti­nued. Touching the rea­son of the Canon law (namely) that by meanes of this custome, the affaires of the church shold easilier be dis­patched. If we in these dayes had the like multitude of Church matters to be dispatched as the papistes had, & that the Cleargy now, were loden with the like bur­thens, as at the time of these ordinaunces they were, [Page 171] there might be then some shew of reason, that the same custome for the same cause, should still remaine. Many Monasteries, Priores, Frieries, Nunneries, and other ir­religious houses vnder the iurisdiction of popish bi­shops, had many businesses & many blind matters to be decided. It was combersome for euery baudy matter of a frier, and a Nun, to call a Chapter: it was trouble­some for placing or displacing euery Abbot, frier, Nun, Dean, prebend, parson, vicar, or any other of the Clear­gie to call a Chapter. In our churches (God be praised) we haue no such tumultuous Cleargy, continually to trouble the chapter: we haue no such number of bad matters as they had. And therefore the cause in this respect ceassing, the effect also might right well cease. Moreouer the common and vsuall dissention amongest them, were speciall meanes that elections, institutions, confirmations, collations, and such like, were hinde­red. Many frustratory appeales and other delaies made and long suites commensed. But our Cleargie are bet­ter instructed in the wayes of the Lord: they teach the people peace, and exhort them to brotherly amity and loue, and therfore it is to be coniectured, that causes a­mōgst peaceable men, wold speedely and peaceably be ended: and therefore in this respect also, the cause cea­sing, the effect shoulde cease. Lastly, the case standeth not now with vs at this time, as it did then betweene the bishop and the Chapter. The law written then was, that the bishop and Chapter shoulde excommunicate, &c. Quia firmius est iudicium quòd plurimorum sententia confirmat. Because a iudgement confirmed with the opi­niō of many is more strong. The reason of the custome for the Bi. without the Chapter was this, Vt facilius ex­pediantur negotia, That businesse might more easely be finished. In which cases you se the matter to stande whollye betweene the bishop and the Chapter: As whether the bishop with the Chapter, or without the [Page 172] Chapter for the foresayde seuerall reasons, might haue the rule and gouernement in Church matters? To the which demand I answere thus. If the controuersie were betweene the Bishop of London, and the Deane and Chapter of Paules, whether a sentence of excommuni­cation denounced by the bishop alone against any per­sons contumacie, within the Diocesse of London, with­out the aduise of the Dean and Chapter, were good & forcible in law, and that the bishop were able by proof in law, to confirme, that time out of mind and memo­rie of man, he and his predecessors bishops of London, without contradiction of the Dean and Chapter vsed, whensoeuer oportunity serued, to excōmunicate alone, without the presence of the Dean and Chapter: I saye that in this case by Canon law, a sentence giuen by the bishop alone, were good, and not reuersible, by meanes of the Dean & Chapters absence. For that herein now they haue willingly lost their owne right, and depriued themselues of their interest. For the bishop alwayes gi­uing sentence in the Chapter house, where the Dean & Chapter might continually be present and haue their aduise, they voluntarily absenting thēselues, hath got­ten vnto himselfe this iurisdiction, whervnto they haue also yeelded, by giuing their secret consent, that the B. alone should execute those things wherin they had an interest, and which otherwise he might not haue don. In like maner, if the Archdeacon should make the lyke assertion against the Bish. to prooue and insynuate wils and Testaments, and were able to prooue the same his assertion: I would consult, that he likewise by the Ca­non law had right herein against the B. For in these ca­ses the Bishop, and the Archdeacon are in place of pri­uate men, the Dean and Chapter hath the roome of a priuat man, because, were the matter in controuersie to bee decyded betweene them, they were to com­mence their Actions before superiour Magistrates. [Page 173] But the matter of Excommunication mentioned by the Lawe written, and of right Excommunication in­deede, is not of this nature: it is not of the nature of a priuate action, betweene man and man, nor of suite commenced betweene party and party, but the case herein standeth betweene a meane person, or a meere periuate man, and the whole Church: yea betweene the Lorde of Heauen and earth, and a Byshop his pore creature: It is not (I say) whether the same should bee executed by man onely, because Firmius est iudicium, quod plurimorum sententia confirmatur, or by fewe vt faci­lius expedirentur negotia, But whether the same should be executed onely by many, and not by one, because the ordinaunce of God is so. And therefore the case stan­deth in effect thus, whether a lawfull prescription by an Archbysh. or Byshop, agaynst a Deane and Chapter, or the custome of an Archdeacon, against Archbysh. Bysh. and Deane and Chapter by the Canon Lawe, be a sound, & substantiall prescription and custome, against the whole Church, against the family of the Lord, and against his ordinance. For at the beginning it was not so. Whereunto I aunswere, that as Nullum tempus currit Regi, nullum tempus currit reipub. No time runneth a­gainst the King, no time runneth against the common wealth: so in this case, and all other of the like nature, Nullum tempus currit ecelesiae, nullum tempus currit domino. No time runneth the Church, and no time runneth a­gainst the Lorde. And therefore, though the Byshop may perhaps affirme, him selfe to haue obtayned right by prescription, to excommunicate without any ad­uise of the Deane and Chapter: yet shall he neuer be a­ble to prooue, that hee hath therefore lawfull autho­rity to excommunicate alone, sithence the vsadge of the first Church, and the ordinaunce of the Lorde are quite and cleane agaynst his sayde assertion. Yea, I say more, namely, that euen by the Canon Law it selfe, [Page 174] neither Archb. nor B. can truely iustifie any Excōmuni­cation by one man alone at all: the said popish custom now ceasing, to be any more a custome. For, in deed the reason of this custome ceaseth to be any more a reasō for such a custom in our time: & the reason of the for­mer lawes, made before this custome, vrgeth the same lawes to be practized again now a dayes. And therfore as Cessante causa, cessare debet effectus, the cause ceasing, the effect ought to cease: & vrgente ratione legis, vrgenda est lex, The reason of the Law vrging, the Lawe is to be vr­ged: So the sayde popishe custome ought in deede to cease, and the sayde Canon Lawes ought to bee ob­serued. Neyther is the Canon of Boniface the eyght, made for the sayd custome, any impediment hereun­to. First, for that the saide custome, is meerely against the worde of God: with which no Pope coulde euer dispence. And therefore, as contrary to the Apologie of the fayth of the Church of England, by no intende­ment of any statute, or statute makers in England con­firmed. Secondly, the Canon of Boniface made to con­firme a custom; not participating the nature, proper­ties, and inseparable accidents of euerie good and lau­dable custome, but onely made by a lawles & absolute power, contrary to the principles and axioms of Law, is not confirmed by the statute of 25. vnlesse wee ab­surdly graunt, eyther the said statute to confirme law­full Canons, and a law lesse custome: or seuerally to e­stablish a lawlesse custome, and to infringe lawfull Ca­nons. For this decree of Boniface, approoueth and rati­fieth such a custome, as hath no maner of fellowship or societie with any lawfull custom. But to let these things passe, and no further to vrge the defecte of the reason of the custome, to abolish the custome, or the efficacie of the reasons of the Law, to establishe againe the law: Let vs returne to the lawes and decrees before rehear­sed, authorising custom to binde as effectually as a law: [Page 175] and by them let vs, see whether this custome, (that one shoulde excommunicate alone) authorized by Boniface the 8. participate the nature and proprieties of euery such custome, as whereof mention is made in the lawes and decrees; and if not, then let vs conclude the same to be no custome at all: Euery vsage is not a cu­stome. & if no custome, then no ma­ner of excommunication, either by lawe or custome to be vsed at all. For euery vse creptin & continued some long space, is not therefore by and by a custom, & so of the nature of a law, and of such power as foorthwith it may sholder out written law, & control cōmon right. ff. de consti. princi. l. in rebus. Extra. de prebend. c. li­ceat & de cleric. non residen. c. consuetudi­nē. §. statui­mus lib. 6. ff. de legi. l. Quod non. Glos. in c. a­qua extra. de consecr. ec­cle. ver. con­suetudine. In rebus nouis constituendis, euidens vtilitas esse debet, vt rece­datur ab eo iure quod diu obtentum est. In ordeining new policies, there ought to be an euident cōmodity, for that law to be left, that a long time hath bin obserued. And againe, Quod non ratione introductum est, sed errore primum, deinde consuetudine obtentū, in aliis similibus non obtinet: that, that at the first was not begon by reasō, but by error, & afterwards obteined by custom, hath no place in other like cases: Consuetudo quae est contra iuris naturam, non pro­dest, & contra illudius, non potest prescribi. A custom that is a­gainst the nature of law, profiteth not and against that law no prescriptiō may be. For if the same shalbe erro­nious, vnreasonable, & not lawfully prescribed, then is it of sufficient force to expel the law writtē, & therfore as hurtfull and preiudiciall for the gouernment of the church here after to be abrogated, & abolished. For cu­stome is no more priueledged then a lawe: but as a law may be made dead, & taken away by a custome: so like wise may a custome, be made dead again by reuiuing a former law. And though here might be vsed a peremptory chalenge against this custom begun & continued in the popishe Synagogue, contrary to the custome of the Church of Christ, that for that cause, & in that re­spect only, the same is farre vnmeet for vs, & therfore by vs to be vtterly abandoned: Yet because we are as [Page 176] yet (I can not tell how) not altogether freed from the lawes and customes of the popish synagogue, Let vs vse the reason of the same lawes to ouerthrow the same custome. Neyther yet shoulde any man thinke, that therefore the former popish lawes, are to be approued as meete lawes, for the Church of Christ, to be gouer­ned by. For weare there no other grounde of trueth, that one shoulde not Excommunicate alone, but the reason of the Popish law, the obseruation therof wold not be vrged. But because wee haue the trueth it selfe confirmed vnto vs, at the commandement of the Lord by the Apostles mouth, practised by the moste aunci­ent fathers, and by their authority and example drawn into the popish Synagogue, vntill the year of our Lord, 1295. (as the Canons before mencioned doe witnesse) for this cause, and in this respect onely, are these for­mer lawes to be put in execution, and the former cu­stome is to be abrogated. The lawes woulde bee kept because in effect they containe the purity of the truth: the custome woulde be left, because the same degene­rateth, from the simplicity and practise of the former times, and is but a meere corruption, and a lawlesse deuise of a lawlesse Pope, Boniface the eight. And that euery one may be well and thoroughly instructed, tou­ching the reasons of the lawes following, to ouerthrow the former custome, hee is diligently to consider, that as the Papistical synagogue always fashioned & framed her selfe, in obedience to her King, his lawes, and euer­more liked that, that her King liked, and misliked that, that he misliked: so the congregation of Christe, hath alwayes humbled herselfe vnto the will and pleasure, of her Lorde and King Christe, she hath consented to that onely, that hath beene pleasaunt in his sight, and hath dissented from whatsoeuer was displeasing vnto him: euery one ought to consider, that the Popes cler­gy, are not the Lordes people: their errours cannot a­gree [Page 177] with our trueth: their ignorance with our know­ledge: their furie with our peace: their deuill with our God: their Beliall with our Christ. And therefore though the foresayde custome be begon, and still con­tinued in the popishe synagogue, as ratified by the se­cret consent of the popes subiectes: Yet the same cu­stome, ought not eyther to be begone, or to be conti­nued in the Churche of Christ, as indeede, a custome neuer yet, by the consent of the Lord himselfe, nor any his faithful seruāts, approued to be, any whit expediēt, or necessarie, for the good gouernment of his church. And hauing thus layde this foundation, it is farther to be vnderstoode, that euery reasonable custome, euerie custome not erronious, and lawfully prescribed, ought to haue these properties following: The firste is this, viz. It must be begon, and continued, ff de leg. l. sed et. Tacita ciuium con­uentione, by a secret couenaunt of the citizens, agreeing together a long time, and by many yeares vsing the same, and doing some certayne actes therein: For, Gloss. institu de iure na­tur. § sine script. ver. consensu. con­suetudo, est quasi communis assuetudo. A custom is as it were a cōmon vsage, vnto which vse, the consent of the peo­ple is necessarie: and therefore error, being contrarie to consent, euermore hindereth and letteth a custome. Extr. de Do. & contum [...]. c. 1. Consuetudo, quae apud quosdam irrepserat, impodire non debet, quo minus preualeat veritas & vincat. A custome crept in amongst certaine, ought not to hinder, that the trueth preuayle not and ouercome. And therfore, though the Popes cleargie a long time, and by many yeeres passed, haue obserued and vsed this custome, and haue secretly couenaunted, giuen their consent, and by their silence haue agreed together, that Byshopps, and other chiefe officers in their synagogues, hauing iurisdiction, might excommunicate alone: yet the authoritie gotten after this sort by those Byshops in the time of papistrie, doth little aduauntage or profit our Byshops, in the time of the Gospell. For what preiudice, can the couenaunt of [Page 178] the popishe Clergye, worke against the Citizens of the Lord, the professours of the Gospel: For though those Byshops, haue vsed this authoritie, by the space well nighe of three hundred yeares, what is that to our By­shops, who haue not had the vse, possession and light of the Gospell scarcelye threescore yeares? in whiche time too, there hath beene a continuall outcry, made by the Lords seruants against this abuse, and a conty­nuall clayme for the restitution of the Lords owne or­der, that the Lords people, might be gouerned, and ru­led according to his ordinances. And therefore that this custome cannot binde the Lords seruauntes, I con­clude thus.

• 1 They who haue not secretly consented to this cu­stome, are not bounde by this custome:
• 2 But the seruaunts of the Lord, haue not secretely consented to this custome:
  ff. de legib. l. de quibus
• 3 Therefore they are not bound by this custome.

THe first proposition is the lawe it selfe: the second proposition, I confirme thus. At the beginninge of this custome, it is euidēt, that the family of the Lord, was very smale, and the same oppressed in captiuity, & it beeing in seruitude and bondage, coulde not freelye giue any secreat consent to any gouerment, all manner of gouenrment beeing violently taken from them. And as touching the time since the publishing of the gopsel, how far they haue beene from yelding any priuie con­sent hitherto, as well both the open and publicke pro­testations, by the preachinges and writings, of manye notable men, in the churches with vs: as also the vse, & practice of all reformed churches els where, doe many­fest the cleane contrary to the whole world, by means whereof the Byshops vnder the Gospell, though they haue hitherto vsed authority to excommunicate alone, [Page 179] yet therby haue they not gayned any iust title, interest, or dominiō therunto. For that, as yet, they haue neuer proued themselues to haue any quiet, and peaceable possession, of this their iurisdiction: and therefore can­not vse, this pretensed custome, as a lawfull defence a­gainst their bretherne and fellow seruaunts.

Cod de pre­script. [...]rigi vel quadra. anni. l. si. quis. & l. vlt. Extra de prescript. c. sanctorum. CONSVETVDO, siue possessio, debet esse pacifica non violenta, & sine interruptione, ad hoc vt prescriptio locū habeat: A custome, or possession, ought to be peaceable, not forced, & without interruption, to the end, prescription may take place. And therfore I conclude againste this custome thus.

• 1 Euerie vnpeaceable & forced custom, is an vnlaw­full custome.
• 2 But this custome, that one should excommunicat alone, is an vnpeaceable, & a forced custome:
• 3 Therefore this custome, is an vnlawfull custome.

THe first proposition is the law: the second proposi­tiō, our knowledge & experiēce teacheth vs euidēt­ly inough, for though this custome be peaceable in the popish synagogue, yet it followeth not that the same therfore is peaceable in the church of Christe. For the quiet possession of the predecessor, is not cōtinued vn­to the successor, or any whit aduantageth the successor, vnles the successor challēge his possession by the same cause, & by the same title, that his predecessor did. If the same will in his persō continue the possession of his Aūcestor, & so by prescriptiō, atcheiue the dominiō or proprieti of any thing, he must cōtinue the possessiō by the same title, that his Aūcestor begā the possessiō. And therfore, sithēce our Byshops vnder the gospell, & the popish Bishops by fictiō of law, be one, & the selfe same persō, & therfore by al intēts & cōstructiōs of law, must of necessity vse the self same title for the continuaunce [Page 180] of their possession, and the prescription of their cu­stome, one of these two thinges must necessarily fol­lowe, eyther our Byshoppes must vse the tytle of this custome, which the popishe byshoppes vsed, and so a corrupt tytle, the consentes of the popishe Cleargye, no sufficient title to barre the Lordes seruauntes: or else they must challenge this custome, as prescribed by some other lawfull tytle since the succession, whiche cannot bee for two causes. First, (as I sayd before) they haue not bene in possession of their offices vnder the Gospell, so manye yeares as are sufficient to the pre­scription of a custome. Secondly, whereas a continu­all clayme by open writinges and preachinges, hath beene made to the contrarie, it appeareth that the possession they haue, is altogether forced, and violent, and therefore an vniust possession. And as touching the number of yeares before mentioned, I would not haue the Papiste, or any other take anye aduauntage by those speaches, as though I ment, that the Gospel hath not beene preached these threescore yeeares (a time sufficient in Lawe to prescribe a custome) in as muche as I knowe that the Gospell nowe preached, is the same Gospell that hath beene preached from the beginning: yea, that hath beene from all eternity, and preached by the Lorde Christe himselfe, in the dayes of his humanitie, and continued in his Churche euer since by his true disciples: but my meaning is, that since the time of the restitution thereof, and of the re­turne of his people, from out of the captiuitie of the spiritual whore of Babylon, there hath not yet so many yeeres passed, as may serue for a lawfull custome to the Bysh. vnder the Gospell, against their fellow brethren: For though they succeede the Apostles, and primitiue Churche in soundnes of doctrine, and teach the same saluation that our sauiour himselfe taught, and so haue a continuaunce, and a possession of the doctrine [Page 181] of faith: Yet thereby, or therefore it followeth not, that they likewise haue, or may challenge the like defence for the former custome. The Apostles them selues, and the primitiue Church, neuer vsing any such authority, and therefore no such authority to be deriued, or con­tinued from them, as in deed neuer begun, or practi­zed by them. And therfore for this cause, and in this respect also the former custome, as an vnreasonable cu­stome, is in truth no custome at all. For Consuetudo irra­tionabilis amittit nomen consuetudinis, & appellatur corruptela. Panor: in c. cum venera­bilis. extra. de consuetud An vnreaso­nable custom no custome. An vnreasonable custome, looseth the name of a cu­stome, and is called a corruption. I say, this custome in the Church of Christe, is an vnreasonable custome, as neuer begun by the Apostles and seruauntes of Christ, and therefore not to be continued by the followers & successors of the Apostles; the Apostles both teaching & practizing the cleane contrary. And therfore as eue­ry law against the law of God, is an vnreasonable law, and therefore in truth no law: So euerye custome a­gainst the law of God, is an vnreasonable custome, and so in deed no custome. Consuetudo sayth Anto. de Bu­tuo, si tendit ad foelicitatem animae est rationabilis, si vero repu­gnat fini aeterno, consuetudo est irrationabilis. A custome if it tende to the happinesse of the soule, it is a reasonable custome: but if it repugne the ende eternall, the cu­stome is vnreasonable. Now that this custome where by the law of the Almightie is violated, can not tende to the beatitude of the soule, euery man must confesse. And therefore I conclude thus.

• 1 Euery custome not tending to the happines of the soule, is an vnreasonable custome:
• 2 But this custome that one shoulde excommuni­cate alone, tendeth not to the happines of the soule:
• [Page 182]3 Therefore this custome is an vnreasonable cu­stome.

The first proposition is the Lawe: the second propo­sition, I proue thus:

• 1 Euery breach of the Lawe of God, tendeth to the destruction of the soule:
• 2 But this Custome is a breache of the Lawe of God:
• 3 Therefore this custome tendeth to the destructi­on of the soule: and if it tend to the destructi­on of the soule: then tendeth it not, to the hap­pinesse of the soule.

THe seconde proposition of this syllogisme, hath bene prooued before, namely, for that the Apostles haue taught and practised the contrary. And in truth, as hath beene already prooued, it was begun, aboue a thousand yeeres after the Apostles times, and confir­med onely by a Pope, vppon a politique reason, drawn from the gouernment of common weales: namely, for that matters committed to one, may in reason be eas­lier and speedilier dispatched, then matters committed to many. 1. Panor. c. cum vene­rabilis. Extra. de consuet. Agayne Consuetudo quae est inimica canonibus, pri­ma facie presumitur irrationabilis. A custome that is enimy to the Canons, is presently presumed to be vnreasona­ble. Nowe the auncient Canons you haue seene before to be contrary; and therfore what may be concluded, let euery one iudge. And hereby two other notable defects and impediments appeare againe, to be in this custome, which cannot be in any custome lawfully pre­scribed. A custome not begun in good faith, no lawful custome. The one, that it was not begun Bona fide, & iu­sto titulo, By good fayth, and vppon a iust Title: the other, that it was begun, thorough want of the know­ledge of the trueth, and so ignorauntlye and erro­niously: [Page 183] which I prooue thus.

Whatsoeuer is begunne and continued in the Churche, agaynst or without the commaundement of GOD, as the same must needes bee, begun Ma­la fide, & iniusto titulo, by an euill conscience, and by an vnlawfull title; so must it followe that the same is begunne also, without knowledge of the truethe: for that neyther any good fayth, neyther any trueth, can bee founde to bee in any thing, that is contrarye or without the worde of God. And therefore this custome is agayne for these two respects, vtterlye vn­reasonable, and therefore doth not excuse agaynste common righte. Extra. de consuet. c. cum olim. Quia consuetudo excusat in hiis quae sunt contra ius positiuum, dum tamen sit rationabilis, & pre­scripta, Because Custome excuseth in those thinges, which are agaynste Positiue Lawe, so the same bee reasonable and prescribed. Nowe, that no Byshoppe by common right, coulde excommunicate, correct, or punish his subiectes alone before the time, that Boniface the eyghte had giuen sentence for the By­shoppe of Pictauia, Lib. 6. de consuet. c. non. est. agaynste the Deane and Chapter of the same Churche, complayning that the By­shoppe had dealt iniuriouslye with them for that hee had exercised Ecclesiasticall Discipline, vvith­out theire Counsayle, hath beene alreadye prooued by the Canons and Constitutions before specified. Which Canons were decreed long before, and nea­rer the Apostles time, and accordinge to the pra­ctise, and vsadge of the aunciente Fathers. And therefore, since this Custome, hath had a begin­ning, but in the time of Boniface the eyghte, (no lawefull successor of the Apostles) and that vppon a reason of pollitike gouerment, and not vppon the worde of God: and that the lawe before was con­trary, yea and is contrarye still: where noe suche cu­stome hath beene so prescribed: I conclude, that in the [Page 184] beginning it was not so, and therefore contrary to the commaundement of God, and therfore vnreasonable, and therefore no custome, but a corruption. Euerye cu­stome must be lawfully prescribed. The se­cond property of euery good and laudable custome in the Church, is, that the same be rightly and lawfully prescribed, otherwise it shall loose the nature of a cu­stome, and be of no force to binde. And to such a cu­stome these two thinges are necessarily requyred. Glos. extra. de consuetud c. cum quan­to. First, the same must be begun, Sciente illo qui ius potest condere, With the knowledge and consent of him, that hath power to make a law. Secondly it must not be Contra neruum ecclesiasticae disciplinae, & libertatem ecclesiae: Against the ioyntes and sinewes of ecclesiasticall discipline, and liberty of the Church. Touching the former, we are first to consider the state and condition of Pope Boni­face, whether he as a lawfull king, gouernour, or ru­ler, had power and authoritie to inact, and publishe, a law, in the Church of Christ or no? For had he no au­thoritie to make a law in the Church of Christe, then by the foresayd maxime, it followeth; that he had no authoritie, to confirme or establish a custome. Now it is manifest, that the Popes kingdome, is an vsurped kingdome: that his power is not lawfully deriued vn­to him by the word of the Lord: that it is a kingdome more opposite, and altogeather contrary to the king­dome of Christ: that it proclaymeth doctrines against the doctrines of our Lord Christ: that it vrgeth tradi­tions against his commaundements: that it inuenteth new sacrifices, and disanulleth his onely, and all suffici­ent sacrifice: that it is externall, and consisteth in out­ward pompes, rites, and ceremonies, whereas the king­dome of our Lord Christ is spirituall, and consisteth in the renuing the inner man. If then, there be such diui­sion, and dissention betweene these two kingdoms, be­cause of the diuers gouernments of these two kinges: (I terme the Pope a king, onely in respect of his vsur­ped [Page 185] kingdome) the one gouerning his subiects, by the sword of the spirite, the worde of God, the other go­uerning his adherents, by the inuentions of men, and traditions of his owne braine, it standeth vs the faith­full seruaunts, and subiects of the Lord Christ in hand, that as we are exempted by his grace and power, from the bondage of our enemy: so to exempt our selues al­so, frō acknowledging any power, to bee in his aduer­sary to make a lawe, or to establish a custome for vs to be ruled & gouerned by. And as the papist, to manifest his obedience to the Pope, will affirme this custome, to bee avayleable in the gouernement of the popishe churche, and to bee good, as brought in by the know­ledge of their King the Pope: so it standeth vpon our allegiaunce and fidelitie to our King Iesus Christ, not to confesse this custome to bee commendable, but as it is, so to account the same, altogether corrupt, as bee­ing not brought into the Church, with the knowledge of the same our King, who hath only power to make a law in his Church, but rather foysted in, by the power of an vsurper, contrarye to our saide King, his expresse will, and commaundement. In deede if our Byshops, and other Church gouernours, were popish bysh. & ac­knowledged the Pope, for their general superintendēt, and that he had power, to make a law: they might then seeme, to haue some reason by alleadging this custome for their defence? neither could I then deny the vse, and authority thereof vnto them. But the case stan­deth otherwise with them. Our Byshops pretend thē ­selues to bee enimyes, vnto the Popes vsurped power: they would bee no maineteyners of his authority, they confesse not him, to haue power to make a law, they account and repute him to be meere Antichrist. Yea our Byshops are ministers of the Gospell, they are dispen­sers of the worde of God, they bee Legates from the Lord Christ, to declare his good pleasure to his people. [Page 186] And therefore the state of our question is otherwise, and standeth thus: namely, whether a custome begun, and continued in the synagogue of Antichrist, with the knowledge of him, that in that synagogue had power to make a Lawe, bee a good, and a laudable custome, for the Church of Christ, being begun, & continued, without the knowledge of the Lorde Christe: And whether the ministers of the Gospell, may safely chal­lenge, the vse, or benefite, of any such custome in the ministery of the Gospell or no? Whereunto I aun­swere, and that by Lawe negatiuely. For, making the Kingdome of our Lorde Iesus Christe, and the ministery of his Gospell, to bee as it is indeede, a King­dome of power and grace, and to bee a Kingdome opposite and contrary to the kingdome of Antichrist: I say that there can be no custome brought into his Churche, nor practised by the ministers of his Gos­pell, vnlesse the same bee broughte in by the knowe­ledge, and consent of their Lorde and King Iesus Christe, who onely hath power to make a lawe for them to be gouerned by. And that therefore vnlesse it may be iustified, that this custome, (namely that one shoulde excommunicate alone) was brought in with the knowledge and consent of our Lorde Iesus Christe: I say, that by Lawe this custome is a voide cu­stome. And therefore I conclude thus:

• 1 Euery custome begunne and continued in the Church of Christe, without the knowledge and consent of Christe, who onely in his Churche hath power to make a Law, is no custome law­fully prescribed.
• 2 But this custome (namely that one should excommunicate alone) is begun and continued, with­out the knowledge and consente of Iesus Christe:
• [Page 187]3 Therefore this custome is not lawfullye prescri­bed.

And agayne:

That this custome namely, that one shoulde ex­communicate alone, is agaynste the force of eccle­siasticall Discipline; and the liberty of the church, and therefore not auaylable: I prooue as followeth.

• 1 Whatsoeuer is agaynste the policye, of the Churche of Christe, instituted by God, for the wholesome administration, and gouern­ment thereof: the same is agaynst the force, and power of ecclesiasticall Discipline.
• 2 But this custome: namely, that one shoulde excommunicate alone, is agaynste the poli­cy, of the Churche of Christe, instituted by God: &c.
• 3 Therefore this custome is against the force of ecclesiasticall discipline.

THe firste Proposition is playne and euidente from the definition, or discription of ecclesia­sticall Discipline, defined to bee, Christianae Eccle­siae politia, à deo illius vectè administrandae gubernandaeque causa, instituta: The pollicy of the Church of Christ, instituted by God, for the good administration, and gouernment of the same. So that whatsoeuer may bee sayde to bee contrary or repugnaunt vnto this forme, and manner of Christian pollicy, the same con­sequently, may bee affirmed to bee contrarye, and repugnaunt vnto Christian Discipline, the sayde po­licie contayning the very whole, and entire nature & essence of the saide discipline, & therfore the one con­uertible with the other, as the very true and essentiall definition, with the very thing it selfe defined. The se­cond proposition I prooue by two conclusions. [Page 188]

• 1 Whatsoeuer is the onely policy of the Church of Rome, the same is the pollicy of the Church of Antichriste.
• 2 But, that one by custome, should excommunicate alone, is the onely policye of the Churche of Rome.
• 3 Therefore the policy of the Church of Antichrist; and if of Antichrist, then not of Christ, for there is no communion betweene lighte, and darke­nesse, between Christe and Belyall.

THat the pollicy of the Church of Rome (which is my first proposition) is the pollicy of Antichriste, is euident, inasmuch as the Church of Rome (teach­ing for doctrines, the traditions of men, and hauing her mouth open to blasphemy against GOD, and to blaspheme his name, and his Tabernacle, and them that dwell in Heauen) is the Church of Antichrist. The second proposition shall be prooued, with the second proposition of the Syllogisme following. My second reason is.

• 1 Whatsoeuer is not instituted by God, for the go­uernment of the Church of Christe, the same is not the pollicy of the Church of Christe.
• 2 But a custome, whereby one should Excommuni­cate alone, is not instituted by God, for the gouerment of the Church of Christe.
• 3 Therefore the sayde custome is not the pollicy of the Church of Christ:

THe first Proposition is drawn from the essence, & nature of the pollicy of the Church of Christ, for that no other pollicy, can bee the pollicy of the church of Christ, than that pollicy, which is instituted by God, the Lorde and Father of Christe, for God is the onely [Page 189] head of Christe, and the lawe giuer vnto Christe: for whatsoeuer I haue receiued (saith Christe) that haue I cōmanded you. And that which I receiued of the Lord, (saith the Apostle) that I haue deliuered vnto you. Now it is manifest that both our Sauiour Christe, & his Apo­stle, 1. Cor.. 5. 4. 5. Mat. 18. 16. 17 18. deliuered a policie vnto the Church of Christe, for the gouernement thereof, namely excommunicati­on by many, and therfore that excommunication by many, is instituted by God, for the gouernement of the Churche of Christe, cannot bee denyed. And if excommunication by manye bee commaunded by God, then excommunication by one alone, is forbid­den by God. The second proposition I proue thus:

• 1 Whatsoeuer is the tradition, and inuention of man, the same is not the institution of God.
• 2 But a custome wherebye one shoulde excommu­cate alone, is a tradition and inuention of man.
• 3 Therefore the same is not the institution of God.

THe first proposition is manyfest by infinite places of Scriptures, & especially by the doctrine of our Sauiour, in the fiftenth after Mathew, where hee pro­ueth, that the Pharisees (reprehending his disciples, for not keeping the traditions of the Elders, in washinge their hands) haue made the cōmandemēnt of God, of noe aucthority, by their owne tradition, manifestinge thereby that in vain they worshipped him, teaching for doctrines mens preceptes. The second proposition of this syllogisme, with the second proposition of the for­mer syllogisme, is proued by the decree of Boneface the eyght before alleadged: which Boniface, was a man: was a Pope, and Gouernour in the Church of Rome, & was an enimy to the institution, & ordinance of God. [Page 190] And therfore against the force and vertue of the sayde custome as not lawfully prescribed, and therefore not hauing sufficient power and authoritie, of an equall & iust vnwritten law, beeing brought into the Church about three hundred yeares passed, and that by the ra­tification of Boniface the eyght, an enemy vnto the church: I conclude thus:

• 1 No custome against the force of ecclesiasticall dis­cipline, can bee a custome lawfully prescribed: for the law warranteth no such custome:
• 2 But this custome, namely that one shold excōmu­nicate alone, is against ecclesiasticall discipline:
• 3 Therefore this custome can not be a custome law­fully prescribed. And therfore a meere and ma­nifest corruption.

THE first proposition is the lawe it selfe: The se­conde proposition hath beene prooued from the definition of Ecclesiasticall discipline. And therefore our sole customarie excommunicatours, shall come to late to deny the conclusion. I made mention before of one other condition properly incident, and inhe­rent to euery custome lawfully prescribed, namely that the same shoulde not be againste the libertye of the Church of Christe. Nowe, that this custome, (namely that one should excommunicate alone) is also against the liberty of the Church. And therefore not lawfully prescribed, I proue thus.

• 1 Whatsoeuer is against the libertye of the congre­gation of the faithfull, the same is againste the liberty of the Church:
• 2 But a custome whereby one shoulde excommuni­cate alone, is against the liberty of the congre­gation of the faithfull:
• [Page 191]3 Therefore the same is againste the liberty of the Church.

THe first proposition is euidēt, because the church comprehendeth the congregation of the faithful. Ecclesia congregationem fidelium comprehendit. And here ac­cording to the supposition of the lawe, and according to the meaning of the same lawe, whereof I intreate, I argue from the generall to the particular thus:

• 1 If for the Pope (challenging vnto him selfe abso­lute power, and authoritie ouer the vniuersall Church) to excommunicate alone, shoulde be contrary to the liberty, of the whole societie of the faithfull, and so of the Church in generall: then for a Bishop (challenging vnto him selfe authoritye ouer the particular Churche, with in his particular Diocesse) to excommunicate alone, is contrary to the libertye of the particu­lar societie of the faithfull, and so of the parti­cular Church within his Diocesse:
• 2 But the first is not lawfull:
• 3 Therefore the second not lawfull:

FOR Quod iuris est in toto, quoad totum, idem est in parte, quoad partem: What right there is from the whole vnto the whole, the same right is from the part, vnto the part. Againe, that this custome, namely for one man to excommunicate alone in one place, is against the liberty of the Church in one place, (which is my seconde proposition, I prooue from the essence, and nature of liberty.

Libertas (saith the lawyer) ff. de statu. ho. l. libertas. est naturalis facultas eius, quod cui (que) facere libet, nisi quod vi, aut iure prohibetur. Libertie is a naturall faculty to doe that, that euerye man is wil­ling to doe, vnlesse by force or Lawe, he be restrayned: [Page 192] By which definition though the Lawyer haue pro­perly defined the onely liberty of a reasonable and na­turall man, and not of the spirituall and regenerate man: yet by the selfe same definition, maye appeare what the freedome of a man new borne ought to bee: namely, such a gratious liberty, as whereby he might thoroughly without restraynt, performe whatsoeuer he woulde in the spirituall seruice of the Lorde, vnlesse by violence or positiue Lawe he were restrayned. And therefore wheresoeuer, eyther by violence or positiue lawe, any one man, in any one place, vsurpeth power to excommunicate alone: there, the whole companye of the faythfull in that place, is secluded from this franck ability, to doe what it woulde in the spirituall ser­uice of the Lorde: wheresoeuer (I say) this freedome is after this sort, by a certayne violence, or positiue Lawe, wrested out of the power of the Church, so that shee hath not free liberty to execute her will: namely, to banish from her society and fellowshippe, all such as haue by their owne misdemeanour, banished them selues from the obedience of the Lorde: it must neces­sarily followe, that therfore, for one to excommunicate alone, is against the liberty of the Church, bringing the Church into extreame bondage and seruitude: For as by the reason of the naturall man: Seruitus est constitu­tio iuris gentium, qua quis dominio alieno contra naturam subticitur: Seruitude is a constitution of the lawe of nati­ons, whereby agaynst nature any man is subiect to the Dominion of another: euen so by the reason of the worke of the spirite, that, without contradiction is to be reputed a spirituall seruitude, whereby the Church of God, contrary to the Law of God, is brought vnder any straunge and forraine gouernment: And therfore, I conclude thus.

• 1 Whatsoeuer is an ocasion that the Church of [Page 193] God is in subiection and bondage, the same is against the liberty of the Church.
• 2 But that custome whereby one should excommu­nicate alone, is an occasion that the Church of God is brought into subiection and bon­dage:
• 3 Therefore the same is against the liberty of the Church; and if so, then not lawfully prescribed, and if so, then no lawfull custome, but a corrup­tion.

THe first is prooued from the rule of contraries, that whatsoeuer is affirmed in the one, the same muste be denied in the other: Ye were in bondage (sayth the Apostle) but now yee are free, and therefore no more in bondage: The second proposition, hath beene prooued as well by the description of libertie, as by the Etimoligie of bondage, whereby hath been she­wed the Church then to be at liberty, when she may do whatsoeuer she will in the seruice of the Lorde, accor­ding to the will of the Lorde: And so consequently, then to be in thraldome and subiection, when she is bound to yeeld vnto that, which is cōtrary vnto the wil of the Lorde: And therefore in this respect also, I may once againe conclude against the sayd custome thus.

• 1 Euery custome which is against the liberty of the Church, is a custome vnlawfully prescribed:
• 2 But this custome; namely, that one should excom­municate alone, is againste the libertye of the Church.
• 3 Therefore this custome is vnlawfully prescribed.

BVt be it that this foresayde asserted custome, were not to be reputed an erronious custome, be it that the same were begun and continued, by the consent [Page 194] and agreement of the Lordes people: be it that it were not forced, and violent, but peaceable, and without in­terruption: be it that it were not vnreasonable, and a­gaynst the lawe of God: bee it that it were broughte in with the knowledge and consent of the Lord Christ: be it that it were not agaynst the liberty of the church or against the power of ecclesiasticall discipline: Though a Byshoppe might ex­communi­cate, yet a Bysh. Com­missary may not. bee it I say, that euery bishop a minister of the Gospell, haue power to excommunicate alone, shall it therefore fol­lowe, that euery Byshops commissary, or Archdeacons officiall, a man not entred into the ministery, a meere lay man (as they cal him) not capable of any such iuris­diction, may do the like? For though a byshop, or an Archdeacon, by positiue Lawe, may substitute, and de­pute, another to execute iurisdiction, vnder him: yet notwithstanding by the same positiue Lawe, hee is re­strained from delegating the same, to euery man with­out any difference, or distinction of persons.

Extra. de e­lect. c. EPISCOPI EA QVAE SVNT. &c. Byshops may commit matters of iurisdiction, as of iudgement, excom­munication, and such like, to others hauing no iurisdiction: but notwithstanding they must bee such manner of persons, as bee capable of iurisdiction, but a lay man is not capable of iurisdi­ction: Therefore hee may not excommunicate, because custome can not worke, that a Clearke, no Byshop should exercise those thinges, which are reserued to the order of a Byshop. c. 10. Andre. in. c. ij. de preb. lib. 6. And the reason is, Quia consuetudo non facit quem capacem: because a custome maketh not one capable. Euery byshop, and uery minister, by common right, haue authoritye to preach the doctrine of faith, and to minister the sacra­ments, & in his necessary absence, may haue this duety herein perfourmed by another: but yet neyther the Byshop, neither the minister in his absence, may leaue, any one, not called to some function in the ministery, to preache the Gospell, though the same partye were the godliest, and wisest man in the whole coun­try. [Page 195] The Emperour may appoint Presidentes, and Pro­consuls in prouinces, to be his deputies, to execute iu­stice vnder him, and in his name: and the Pretor may appoint tutors and curators to pupills and orphanes, but yet neither the one, neither the other, maye there­fore appoint children, or madmen, or women, to those offices. The Lorde Chauncellour of England vnder her maiesty hath authority to place Iustices of peace in e­uery sheere, yet can he not appoint a Spaniard, or an I­talian borne. A bishop likewise, as he himself, by reason of his fūctiō, & the ministeri cōmitted vnto him by law positiue, is made, as he supposeth, capable to excōmu­nicate, so ought he to delegate the same his office, only to one of the ministery, & not to a doctor, or bacheler of law, a meere lay man, though he professe the gospel; much lesse to a suspected, or known popish doctour, or bacheler of law, & a meere laye man too, an enimy to the gospel. For what authorty haue these kind of men, ouer the ministers of the gospel? Did euer Moses or Io­sua, or Dauid or Iosiah, cōmanded any Ebrew, not of the tribe of Leui to execute the priests office? did Aaron, or any his faithul successors, euer supply their roomes, & execute their offices by one, not of their owne tribe? And if these men, may not be foūd to haue done these things, much lesse woulde they euer haue tollerated, a priest of Baall, or a Philistine no priest at all, to haue en­tred into the sanctuary. It was not lawful for Aaron, or his Son Eleazer to cōmit the folding vp of the sanctua­ry, vnto any of the family of the Koathites. And therfore I say, that a bishop or an archdeacō, can no more cōmit the office of executing the disciplin of the Lord Christ, to a lay man (as they cal him) or one that is no minister then he can cōmit the office of preaching & baptising, to one that is no minister, such men are altogether vn­capable of such offices.

For CONSVETVDO &c. A Custome [Page 196] cannot giue authoritie vnto priuate persons to excommunicate, neither to degrade or depose: neither yet to arest Cleargie men, or bodily to chastice them. De offic. Archid. c. cum satis. Extra de e­lec c. trans­missa. De cleric. co [...] c. cle. 10. lib. 6. Touching the statute made in 37 yeare of Henry the eight, that al & singular persons, as well laye men, as those that were then, or shoulde af­terward be marryed, beeing Doctors of the Ciuile law, lawfully create and made in any vniuersitie, maye law­fully execute, and exercise all maner of iurisdiction, and all Censures and coertions, appertaining or in any wise belonging to the same. First I aunswere, that the same is but a law of man, and therfore by man may be abro­gated. Secondly, that as it was made in a corrupt time, so in truth the statute in that poynt is corrupt, and ought therefore in the same point, to be repealed. For though the same statute in some respect, establishe and confirme vnto the king, and his successors, and so vnto our most gratious soueraigne Ladie, the Queenes ma­iestie that now is, lawfull preeminence, power, superio­ritie and Lordship ouer all persons within hir Domini­ons, of what state or condition soeuer, touching pu­nishment for any heresies, errours, vices, schismes, abu­ses, idolatries, hipocrisies and superstitions, springing or growing by meanes of any hir disobedient and dis­loyall subiectes, so hath hir maiestie by hir iniunctions, published, that hir highnesse did neuer pretend any ti­tle, or challenge any authoritie to punnishe any of hir subiectes, for any of the sayde offences, by censure Ec­clesiasticall, in right belonging to hir royall person; but that hir highnesse meaning and intent is, and alwayes hath beene, to commit the execution thereof alwayes, to the Ecclesiasticall state of hir time. Hir Iniunction is as followeth.

The Queenes maiestie beeing infourmed, that in cer­taine places of the Realme, sundry of hir natiue sub­iectes beeing called to Ecclesiasticall ministerie in the Church, be by synister perswasion and peruerse con­struction, [Page 197] induced to finde some scruple in the forme of an oth: which by an act of the last Parliament, is prescri­bed to be required of diuers persons for the recognitiō of their allegiance to hir maiesty, which certainly neuer was euer mēt, ne by any equity of words or good sence can be thereof gathered: Woulde that all hir louing subiectes should vnderstand, that nothing was, is, or shal be ment, or intended by the same oth, to haue any o­ther duty, allegiāce, or bond required by the same oth, then was acknowledged to be due to the most Noble kinges of famous memorye, King Henry the eight, hir maiesties father, or king Edward the sixth hir maiesties brother. And further, her maiestie forbiddeth all ma­ner hir subiectes to giue eare or credit, to such peruerse and malicious persons, which most sinisterly and mali­ciously labour to notifie to hir louing subiectes, how by the wordes of the sayd oth it may be collected that the kinges or Queenes of this Realme, possessours of the crowne, may challenge authoritie and power of mini­sterie of diuine offices in the Church, wherein hir sayde subiectes be much abused by suche euill disposed per­sons. For certainly hir maiesty neuer doth, ne euer will challenge any other authoritie, then that was chalen­ged, and lately vsed by the sayd noble kinges of famous memory, king Henry the 8. and king Edward the sixth, which is and was of auncient time due to the imperiall Crowne of this realme, that is vnder God to haue the soueraigntie and rule ouer all manner persons borne within these her realms, Dominions and Countreis, of what estate, either ecclesiasticall or tēporall, soeuer they be, so as no other soueraigne power shall or ought to haue any superioritie ouer them. And if any person that hath conceiued any other sence of the form of the said oth, shall accept the same oth with this interpretation, sence, or meaning, hir maiestie is well pleased to accept euerye such in that behalfe, as hir good and obedient [Page 198] subiectes, and shall acquite them of all maner penalties contayned in the sayde act, against such as shall perem­ptorily or obstinately refuse to take the same oth. By which Iniunction, we may euidently perceiue, that as the Lord hath restored vnto hir maiesty the scepter of iustice and iudgement ouer all persons, within hir Do­minions, and reunited the gouernment ouer the eccle­siasticall state, to hir highnes crowne and dignity: so hir maiesty remembring the Lords goodnes towardes hir, mindeth nothing lesse, thē hereby to cōfound the two principal offices in his church, viz. magistracie & mini­stery, but leaueth them still distinguished, as by his word he hath prescribed: challenging vnto hir selfe as chiefe magistrate, nothing els, but power to commaund; both that the true ministery, be duly executed by men law­fully called thervnto: and also that hir lawful magistra­cie may be aduaunced in all thinges according to his word. Wherin we see hir maiesty both in respect of hir sex, and in respect of hir ciuile office, vtterly to haue re­fused, to take this part of the ministery vpon hir, as wel as she doth abstaine from ministring the Sacramentes, or dispensing the word by publike preaching. She con­tenteth hir selfe with the authority limited vnto hir by the word of God ouer the bodies, goodes, liues & pos­sessions of hir subiects: she challengeth no power ouer their soules, as by excōmunication to deliuer them to sathan. If any person whatsoeuer shall offend against a­ny law, statute, or custome of this Realme, whereby he may incur any bodily punishment, she thinketh it suffi­cient for hir by hir processe, to summon him before hir tribunall seate, and vpon his triall, to haue in hir name iudgement pronounced against him, for the breach of hir highnes lawes, whether the same consist, in losse of life, goods, landes, promotions or whatsoeuer. And as touching ecclesiastical coertion, if any of hir people de­serue to be punished by the ecclesiastical ministery, hir [Page 199] highnes demandeth no other soueraignty, then to cō ­maunde the ministery to exercise the discipline of the Church againste the offenders, as by the lawes of God they are cōmanded: and in case they of the ministerie, shalbe herein remisse & negligent, then to punish them with such paines, as either by hir lawes is prouided, or by hir wisdom shalbe thought expedient in that behalf, for the contempt of hir gratious cōmandemēt, & neg­lect of the Lords seruice. In which diuersitie of punish­ments, the diuersitie of the offices, of magistracie and ministery, doth manifestly appeare. Magistracie hauing euermore regarde to the bodye and outwarde man: but ministery alwayes to the soule, and inner man. The magistrate punisheth with bodily chastisemēt, the mini­ster with spiritual discipline, neither doth thone hereby derogate frō the other, or any whit weaken the other, but rather ech one strengthneth & fortifieth the other. For the mind brought in frame by discipline, frameth the whole body to a more holy obedience, so that the magistrate therby hath lesse trouble in his office, & the common weal more florisheth in peace and prosperity. Which difference, were it well weighed, & without ca­uilling thorowly marked, would soone decide this con­trouersy. For hereby the former statute, touching the exercise of ecclesiastical discipline by Doctors of the ci­uile law (meere lay men) would clearly appeare to haue been made in a time, wherein the truth was not so ma­nifested as now it is. For if euery man ought to confesse that it is vnlawful by the word of God, for a king and Potentate, no minister of the Gospell to excommuni­cate, and so consequently, vnlawfull to execute the of­fice of a minister: euerye man ought much more to confesse, that authoritie giuen by man to a kinges vas­sall no minister of the Gospell, to excommunicate, and so consequently to execute the ministers office, is an authority giuen vnto man againste the lawe of God, [Page 200] and therefore both the lawe speedely to be repealed, and the abuse in the meane time to be refourmed. And therefore I conclude against that statute thus from the greater to the lesse.

• 1 Whatsoeuer is vnlawfull for the king, a lay man to exercise in the Church of Christ, the same is vn­lawfull for euery of his vassals a laye man to ex­ercise.
• 2 But it is vnlawfull for a king a laye man to exer­cise Ecclesiasticall discipline in the Church of Christ:
• 3 Therefore it is vnlawfull for a Doctor of the ciuile law, a kings vassall and a lay man, to exercise the same.

BVT suppose this statute, might in some respect be some excuse to Doctors of the Ciuile law, igno­raunt of the word of the Lord, yet thereby it followeth not, that the bishops may in like sort be excused, as wel for that they can not pretende any such ignoraunce, they knowing the same to be against the word, and not therefore to be practized: as also, for that they bee not precisely commaunded by the sayde statute, to consti­tute and ordaine Doctors of the Ciuile lawe, no mini­sters of the Gospell, to be their Commissaries, or offici­als, but they may them selues, if they will either reserue and keepe vnto them selues, exercise iurisdiction, and minister iustice by themselues: or els depute such men vnto those offices, as by law are capable of iurisdiction, and may execute ecclesiasticall discipline, according to the word of God, I meane onely ministers of the Gos­pell. But suppose againe that by force of this statute, bishops were absolutely commaunded to ordaine Do­ctors of the Ciuile law, to be their onely Commissaries, and officials: and that all sentences of excommunica­tion, [Page 201] and other ecclesiastical coertions, exercised by the sayde Doctours, meere laye men, were good, and duely, and rightly ministred, by force of this statute, and so the Byshops by that meanes exempted from all iust re­prehension in this behalfe: yet what can be aunswered concerning the proceedings, iudgementes, executions and censures, pronounced by meere laye men, no Do­ctors of the ciuil law? Bedell at Liechfield: Liche at Che­ster: Chippindale at Leicester: Langeford at Bedford: Gla­sier at Oxenford: Greene at Glocester, before they were Doctours of the ciuill Lawe, mere lay men. Talentine at Northhampton a meer lay man, executed ecclesiasticall coertion & discipline a long time. Saye at Winchester: Babyngton at Lichfield, Hudson & Dethick in the County of Yorke & bishoppricke of Durham, meere laye men, no Doctors of the ciuile lawe, execute and exercise Ec­clesiasticall iurisdiction and all censures and coertions belonging to the same at this day. And though it may be aunswered that some of these no Doctors, were, or be Deacons, and so Cleargie men, and therefore no laie men: I reply though they were, or be in deed Deacons, and so one kinde of Cleargie men, that they can not therefore excommunicate, &c. De regni iuris. li. 6. ea. Ea quae fiunt a iudice, quae ad eius officium non spectant, viribus non subsictunt. Whatsoe­uer things be done of a Iudge belonging not to his of­fice, the same thinges are of no force. For let vs put the case, that some Archdeacon, or Chauncelor, and yet no bishop, had ordayned some man to be a Deacon, pro­nouncing wordes apt to the giuing of such an order, whether such a one be a Deacon: I answere no, because power to make Clearkes, doth not belong to the order of priesthood, vnlesse the ordayner be a Bishop. Or sup­pose that a Bishop had graunted one an hundred dayes of pardon, for some good worke that he had don: whe­ther this graunt by law be good? Truely no. Because it belongeth to a Bishop onely to giue forty dayes of par­don. [Page 202] and not an hundred. In like manner I conclude, though some in authoritie exercising ecclesiastical cen­sure be Deacons, yet notwithstanding that their sayde censure, is in lawe no censure, as a thing not belonging to the office of a Deacon, but onely to the office of a minister. There remayneth yet one other obiection, namely that excommunication is not vsed, as an Eccle­siasticall but rather as a ciuil punishment. Whereunto I answere, that such mē speak altogeather without book, & that by law they shal neuer be able to iustify their as­sertiō. And vndoubtedly whosoeuer shal account excō ­munication, to be a ciuile punishment, the same man is shrewdly to be suspected, to be a priuie and subtil ene­mie vnto the Church, for therby he excludeth all kind of punishmente from the Church. And I include vn­der Excommunication, Suspension, Interdiction and admonition. For if Excommunication bee Ciuill, then are these also ciuill, and if these bee ciuill, then what is Ecclesiasticall? But such men by vndermining the Churche, to mayntayne their owne corrupt abu­ses, require some sharper medicine of pure ecclesiasti­call Discipline, to heale their vnciuill behauiour, and therfore that excommunication cannot be a ciuill pu­nishment, I prooue this from the discription thereof. ij. q. 2. nihil. §. euidenter. ij. q. 3. nemo. Excommunicatio est extra cōmunionem ecclesiae separatio: vel censura ecclesiastica, excludens a communione fidelium: vel est aeternae mortis damnatio. Excommunication, is the se­perating a man from the communion of the Church: or a censure ecclesiasticall excluding from the fellow­ship of the faythfull: or it is a condemnation of eter­nall death. And this kinde of excommunication is called the greater excommunication. There is also a­nother excommunication, called the lesse excom­munication, and the same onelye seperateth a man from the receiuing of the sacramentes. Moreouer excommunication is sayde to bee Paena animae, & mu­cro [Page 203] spiritualis, A punishment of the soule, and a Spiri­tuall sworde. By which discriptions it is apparaunt, that both the greater and the lesser, are belonging to the soule and conscience onely, and therefore spiritu­all, and therefore no ciuill punishment. And therefore I conclude thus.

• 1 No spirituall punishment, is a ciuill punishment:
• 2 But excommunication is a spirituall punishment:
• 3 Therefore it is no ciuill punishment.

For euery ciuill punishment, is eyther Poena pecu­niaria, or corporalis: ff. de. pub. iudic. l. a punishment by mony, or else a bodily punishment, and executed according to the Prouerbe. Qui non habet in bursa, luat in corpore. Hee that hath not to paye in his Purse, let him redeeme it in his body. Which kinde of punishment for the most part inflicted againste excommunicated persons, vpon their absolution and restitution to the congrega­tion, may seeme to bee of the same force, to con­firme the former assertion: namely, that excommuni­cation is a ciuill punishmente. For in this respect, that mony is giuen, and receiued for absolution, it may sauour to vnsauory senses, to be a ciuill punish­ment: but no more can hereupon be concluded, that excommunication is a kinde of ciuill punishmente, because mony is giuen for absolution, then that a punishment by mony is a bodilye punishmente, be­cause mony is giuen for the redemption of the bo­dy. And agayne, if the Patrons of this ciuill excom­munication, doe not vnciuily abuse absolution, nei­ther the party excommunicated by giuing, neyther the iudge absoluing by receiuing any monye, shoulde haue any colour, to faigne or forge anye such distin­ction: for that no exchaunge by monye, ought to be made, betweene excommunication and absolution. [Page 204] Absolution freely to bee giuen. The sentence of excommunication is simplie to be de­nounsed for some heinous offence: the sentence of ab­solution is freelie to be giuen vppon repentaunce, the partie is not to paye for excommunication the iudge ought not to receiue for absolution one pennie.

Extra de simo. c. ad ures. CVM IGITVR INDIGNVM, &c. Seeing it is vncomely & contrary to the reason of the church, saith the canō, that the benefit of absolution be redeemed: We command that if the party haue paid the 100 pounds, you cause him freely to bee al solued: neyther shoulde this punishment be imposed, for euery trifle or small faultes. For as it is the greatest punishment by lawe, so ought not the iudge to giue sentence thereof, rashly or vnaduisedly, but as it were, with a payre of Leaden heeles. j. j q. 3. nullus NVL­LVS SACERDOTVM. &c. Let no Priest, for small and trifling causes, besides the faults, for the which, the olde Fathers haue commanded offendors to be kept from the Church, suspend any man of sound faith. The Emperour by his Emperiall laws, inhibiteth the same, Authen. de­sanctis e­pisco. § om­nibus colla. no. OMNIBVS AVTEM EPISCOPIS. &c. We forbid all Byshops and elders, to separate any man from the holy communion before a cause bee shewed, for the which the holy rules bid the same to bee done: And if any neglecting these thinges shal seperate any from the holy communion, let him that is thus vniustlye excommu­nicated, as absolued from the excommunication, receiue the holy communion of an inferiour Priest. By the auncient Lawes of this Realme of England, the like prohibi­tions and prouisions haue beene established. Math. Pari­siensis. Hen. 2 fol. 135. Anno. 116. H. in a counsell holden at Claredon SI AB ARCHIDIACANO. &c. If any shalbe cited by the Archdeacon, or by the byshop for any matter, to make aunswere before them, and will not satisfie vpon their citations, it is lawful inough to interdict him, but hee ought not to excommunicate him, before the Kings chiefe Iustice of the same Ʋillage, haue beene requested to compell him to come to satisfaction. And a­gain, Math. Parisi. ibidem. Asserit rex iuxta, &c. The king according to the preroga­tiue of his kingdom, commaundeth that none holding of the king [Page 205] in chiefe, or other minister be excommunicated by any man without his knowledge, least if the king not knowing thereof, by his ignoraunce, communicat with an excommunicat person, ad­mitting either to his kisse, or to his Councell, an Earle or a Ba­ron comming vnto him.

And now, sithence by the auncient canons, decrees and constitutions, confirming the good and aunci­ent vsage, of the Churche and Fathers in olde time: It appeareth, that excommunication, and all other censures of the Church, shoulde not be exercised by the Bish. alone, but with the consent of the Cleargy & eldership: wherby many extorsions and briberies haue been repressed: Sithence, by a pretensed custome alone, begun in the popishe synagogue, the contrary hereof hath been practized: And sithence the same pretensed custome: was first grounded vpon a politike reason on­ly, Vt facilius expedirentur negotia, Which reason now cea­seth: Sithence the same is also vnreasonable, and an e­nemy vnto the Canons: sithence the same is violent & not peaceable, but interrupted: sithence, it was neuer begun Bona fide: and sithence also it is erronious, as not begun with the knowledge & consent of the lords peo­ple: Yea, sithens it was begun Mala fide, as being against the law of God, and begun without the consent of the Bishop Christ, who onely hath power to make a law in his Church: Sithence, it is against the power of ecclesi­asticall discipline, and ouerthroweth the libertie of the Church, bringing the same into seruitude & bondage: And sithence excōmunication, is no ciuile, but a meere spirituall punishment to be executed onely against great offences: Let vs conclude, that ex­communication by one alone, is not lawfull.

¶ IT IS VNLAWFVLL for a Bishop, or any other Eccle­siasticall person by common right, to beare any ciuile office in the common weale.

Extra. ne. cleri vel mo­na. c. sed nec. SED NEC PROCVRA­TIONES, &c. But let not a­ny Clearke presume, to exercise a­ny gouernment of Villages, or se­cular iurisdiction, vnder any Po­tentates or seculer men, as to bee made any their Iuctices. And if any person, shall attempt to doe a­gainst these thinges, in so much as contrary to the doctrine of the Apostle, who willeth none, going a warrefare to God, to intangle him selfe with worldly affayres, hee dealeth therein worldly, let him be seperated from the Ec­clesiasticall ministerie, for that he, to please the Princes of the worlde, drowneth him selfe with the waues of the worlde, neg­lecting the office of a Clearke.

And againe. Extr. ne cle­ri. vel mona. c clericus. IVBEMVS ETIAM, &c. We com­maunde vnder the threatning of the great excommunication, that no Priest haue the office of any Vicount, or secular gouer­nour: And if any shall presume to do the contrarie, and beeing warned, will not amende, let him be subiect to excommunica­tion. The reasons of these Canons may be thus brief­ly gathered. [Page 208]

• 1 He that goeth a warfare to God, ought not to in­tangle him selfe with worldly businesse.
• 2 But euery Bishop, and euery Clearke goeth a war­fare to God:
• 3 Therefore he ought not to intangle himselfe with worldly affayres:

• 1 None beeing a Bishop ought to neglect the office of a bishop, or beeing a Clearke, the office of a Clearke:
• 2 But whosoeuer being a bishop, or being a Cleark, shall vse ciuile iurisdiction, the same being a bi­shop, neglecteth the office of a bishop, and bee­ing a Clearke neglecteth the office of a Cleark.
• 3 Therefore none beeing a bishop or a Clearke, ought to exercise ciuile iurisdiction.

• 1 Euery bishop and euery Clearke, that drowneth him selfe with the waues of the worlde, is to be remooued from his Ecclesiasticall ministerie:
• 2 But euery bishop and euery Clearke, that vseth ci­uile iurisdiction to please the Potentates of the worlde, drowneth him selfe with the waues of the world:
• 3 Therefore euery bishop and euery Clearke, that v­seth ciuile iurisdiction, is to be remooued from his ministerie.

IF such as seeme by coullour of lawe, to iustifie the heaping of offices one vppon an others necke, had known these constitutions, no doubt though had they couertly desired an outward pompe, yet neuer woulde they so openly haue maintayned, a thing so manifestly forbidden, & so precisely disallowed by so many lawes. A minister may more lawfully ex­ercise an oc­cupation, then a ciuile office. For the wordes of the Apostle Nemo militans Deo, impli­cet se negotiis secularibus, Are not onely applyed by the law to manuall trades and occupations, as to be a plough man, a marchant man, a Baker, or a Brwer: but [Page 209] also to the cheefest offices vnder Kings and Emperors, as of Vicounts, Stewards, Presidents, Iustices of peace, and such like: for the law foreseeing that a B. or cler­gie man, whose office ought to bee applied wholely in heauenly things, & thorowly to bee withdrawen from earthly things, might not onely be hindred from exe­cuting his duety, by beeing a Baker or Huckster, or o­ther handy craftesman, but also by taking of him the office of a Vicount, Steward, or Iustice of peace, (these offices beeing of them selues sufficient for a whole mā to be imploied in) vseth the reason of the Apostle, as well against the one, as against the other. And in truth more properly, and directly, against the one, then a­gainst the other: in so much as if wee conferre other places of holy Scripture, with this of the holy Apostles, wee shall finde, that it is tollerable, for a Minister: yea, hee may exercise his hands in laboure, and toyle of his body, to get some part of his lyuing, in case hee haue not by the congregation, allowaunce sufficient to mainetaine his estate: the same Apostle leauing an ex­ample thereof, as appeareth to the Thessalonians. 4. 3. Neyther tooke wee breade (sayth hee) of any man for naught, but wee wroughte with our laboure and trauayle Night and Day, because wee woulde not bee chargeable to anye of you: And agayne: Act. 20. 34. 35. You knowe that these handes, haue ministred to my necessityes, and to them that were with mee. If therefore euerye minister, so it bee no hinderaunce to his calling, and that he haue no suf­ficient prouision, may for the preseruation of him selfe & family, exercise some manuall occupation & laboure with his bodye: & sithence wee finde not in the whole doctrine of the Gospell, that any liberty is giuen to the minister to become a Magestrate, Rom. 12. 7. but that euery one, that hath an office, is precisely commaunded to attend vppon his office; & euery one that teacheth, to attend vppon his teaching: & euery one that exhorteth to at­tende [Page 210] vpon his exhortation: and that by positiue lawe, the selfe same is receiued and commanded to be prac­tized (as before in the title of dispensations hath been prooued): I see not how he that laboureth to couple the offices of magistracie, and ministerye vnto one man, and altogeather to seuer an handy craft, from a minister, can by pretence of lawe or colour of anye reason, iustifie his assertion, the lawe grounding it selfe vppon the scripture, as well for seperating, and disioy­ning the former, as for lincking and vniting togeather the latter. Yea, and the Bishops by their aduertise­mentes, published in the seuenth yeare of hir Graces raigne, and subscribed with the handes of one Arch­bishop, and fiue Bishops, hir highnesse Ecclesiasticall Commissioners, haue ratified, and authorized what laye in them the former lawes, concerning the pra­ctize and vse of the latter. Aduertise­mentes the last article. Their wordes are these. [I shall not openly intermeddle with anye Artificers occupations, as couetously to seeke a gayne thereby, hauing in Ecclesiasticall liuing to the some of twenty nobles or aboue by yeare.] Therfore I conclude, that an Ecclesiasticall person not hauing aboue twenty no­bles by the yeare (a small portion for a minister of the Gospell to liue by,) maye intermeddle with an Artifi­cers occupation. And if these great and learned Bi­shops, thinke it a matter tending to couetousnesse, for a poore minister to vse openly some handy craft, in case he haue twenty nobles or aboue to liue by: I thinke for my part, whosoeuer shall saye, that for a rich Minister openly, to intermeddle with an office of ciuill magistracie, to winne him credit, and to procure him estimation, is a matter tending to ambition and vaine glorye, that he doth not in so saying slaunder the truth. And I haue for the defence of this my o­pinion the lawes and reasons following.

21. q. 3. Cy­prianus. IAM QVIDEM consilio Episcoporum est statu­tum, ne quis de clericis & Dei ministris tutorem & curato­rem testamento suo nominauerit, quandoquidem singuli diuino sacerdotio honorati, & in clericorum ministerio constituti, non nisi altari & sacrificiis deseruire, & precibus & orationibus vacare debeant. Nemo enim, &c. It hath beene lately by the councell of Bishops ordayned, that no man in his Tectament, should nominate any Clearke, or minister of God, to be a Gardi­an, or ouerseer, for that euery one, honoured with diuine priest­hood, and placed in the ministerie of Clearkes, ought to attende onely at the Altar and Sacrifices, and ought to imploy him selfe to prayers and supplications. For no man warfaring to God, in­tangleth himselfe with worldly affayres, that he may please him vnto whom he approoueth him selfe. Which thing the Bishops and our Predecessours, vpon religious consideration and whole­some prouision, haue thought good, that no man departing out of this life, shoulde nominate a Clearke to any wardship, or ouer­sight of any pupils. Here againe we see the counsell, ha­uing respecte vnto the custome of former ages, and times past, applye the very same place of scripture, a­gainste the offices mentioned in this Chapiter, and vouch it in plea, as a barre against those offices in a mi­nister, which notwithstanding in their owne natures are necessary and very holy, and wherevnto many ex­cellent priuiledges and immunities be attributed: the cause of a Testament by lawe, beeing placed in the raunge & number of holy and Godly causes. And we know by experience, that the wyser a man is, and the more care he hath of his posterities well dooing, the more prouident & circumspect he is at the time of his decease, to leaue the tuitiō of his infantes, and disposi­tion of their goods, to men best knowne to him, to be of greatest pietie & sincerest religion, such as Bishops haue beene accompted. Neither are these offices on­lye thus forbydden by Canon lawe, the Popes lawe, but also by Prouinciall constitutions of Englande [Page 212] made heretofore, by the B. themselues in Englande, at the commaundement of the Kinges of England.

Lyndw. ne clerici vel monac. c. vlt. PRESENTI DECRETO &c. Wee ordeyne by this present decree, that Clearkes beneficed, or placed in holy orders, bee neyther admitted gouerners of Villadges, as to be Ste­wards or Bayliffes, of such administrations, by occasion whereof they might be lyable to make accounts vnto laye men; neyther yet that they exercise anye secular iurisdiction, speciallye those, whereunto iudgement of bloode is annexed. And from these decrees I conclude thus.

• 1 Whosoeuer ought to attend vppon the alter, and to giue him selfe to prayer and making of sup­plication, ought not by anye testament, to bee made a Tutor or Gardian.
• 2 But euery one honored with the holy priesthood, and placed in the ministery of Clearkes, ought to attend vppon the Alter, and apply him selfe to prayer & making of supplication:
• 3 Therefore none honoured, &c. and placed, &c. ought by any testament to bee made a Tutor or Gardian.

• 1 Whosoeuer is gouernour of any Village, Steward, or Bayliffe of anye liberty or bayliwicke, is by vertue of his office accountable to the laytie.
• 2 But no Clearke beneficed, or otherwise placed in holy orders, by occasion of temporall officers ought to bee accountable to lay men:
• 3 Therefore noe Clearke beneficed, or anye other placed in holye orders, ought to bee anye Gouernour, Steward or Bayliffe.

THE lyke constitution was made by Octobone, sometimes Legate from the Popes side here in Englande, and speciallye publyshed againste the ex­cesse of our Englishe Cleargy in this behalfe.

Constitu. Octob. ne clerici. iuris. secular: exer­ceant. CVM HONESTATIS, &c. Insomuch as it is repu­ted a speciall decency of ecclesiastical honesty, to be farre estran­ged from carnall actions, we deeme it a very heynous and filthy thing, that handes deputed vnto heauenly ministeries, shoulde be intangled with secular affayres. Or that certaine Clearkes, see­king after earthly gaines, and temporall iurisdiction, thorowe a foule and greedy rauine, doe receiue from lay men seculer iuris­diction, and be called Iusticers, and minister iustice, which they cannot minister, without a dissipation and iniury, of ecclesiasti­call order. Therefore, we desirous, to extirpate this horrible vice, straightly forbid all persons of churches, and Vicars, with perpe­tuities: yea also, all other manner of persons whatsoeuer, placed in the ministery, that they presume not to take any secular iu­risdiction of any secular person, or to exercise the same, accor­ding to the precepts of holy Canons: by this present Constitution, we straightly inhibite, that none placed in spirituall warfare, presume to exercise in the secular court, the office of an aduo­cate, eyther in the cause of bloud, or in any cause whatsouer, saue onely in such causes, as are permitted vnto him by Law. And we likewise forbid, that any cleargy man shoulde presume, to bee eyther a iudge, or an assessor. Which constitutiō of Octobone, as it seemeth in some sence, and in some respect, to ex­empt cleargy men altogether from the power and so­ueraignty of Kings and princes, denying them indeed, power ouer the Cleargy, and so in this sense be contra­ry and repugnant to her highnesse Crowne, and prero­gatiue royall, and therefore not authorised by act of Parliament, (though in the end the same Legate seeme to allowe the Kings priuiledges, adding these words, Saluis domini Regis priuilegiis, Sauing the priuiledge of my Lorde the King: So in another respect, and in ano­ther sence, if regard be had to the generall equitye of the inhibition, we shall finde the same to agree altoge­ther with the reasons of the former prouisions. For in this constitution the Legate allegeth other reasons, then before were alleaged: and forbiddeth other offi­ces, [Page 214] then by the former were forbidden. The reasons may be gathered thus.

• 1 Whatsoeuer is iniurious vnto the ministerye, or breedeth a dissipation of the ministerye, the same may not be lawfully layde vppon the mi­nistery:
• 2 But to be deputed a minister of iustice, to be made an aduocate, a Iudge, or an assessor, is iniurious to the ministerye, and breedeth a dissipation thereof:
• 3 Therefore these offices, may not be deputed vn­to them.

• 1 Whatsoeuer may be cause that the cleargy by a­ny foule fault should swarue from the workes of fayth, the same may not lawfully be layde v­pon the cleargy.
• 2 But to be made a Iustice, an aduocate, a iudge, an assessor in seculer Courts, may be cause that the Cleargye shoulde swarue from the workes of faith:
• 3 Therefore Cleargye men lawfully maye not bee made Iustices, aduocates, Iudges or assessors in seculer courtes.

WHich two reasons of this prouinciall decree, may probablie seeme to haue beene collected, out of some more auncient Canons long before that time established, wherby the like offices were forbid­den, and principally for these causes following. 21. q 3. per­uenit. Gloss. non exerceant. Extra. de vit. & honest. cler. c. clerici consecratio distinc. 5. c. First that for filthy lucres sake, they meddle not with taking to hire possessions, & seculer causes: Secondly that thorough slouth & idlenesse, they separate not themselues from the holy ministeries. Thirdly, that they runne not a gadding to the Courtes of seculer princes: And lastly, because the Psalter, should neuer be out of their handes. And not onely vpon these groundes haue [Page 215] these Lawes at the first had their essence and establish­ment, but sundry other considerations as forceable as these, are apparantly known, to the learned in the laws, for the ouerthrow of ciuill Iurisdiction in ecclesiastical men. In the administration of ciuil Iustice, euery one in commission of peace, without respect, eyther of the person, or of the cause, oughte indifferenly and vn­partially to execute his office. For bee a man once sworn in commission of peace, he may not afterwards deale with hearing of what causes he list: hee may not take notice of halfepeny matters, and post ouer mat­ters of bloud, to his fellow iustice: hee may not onely set an ende, betweene neighbour and neighbour, for shrewde wordes passed, but he must prosecute the mur­therer to death: he must take his examination, and he must send him with a Mittimus to the Iaile. He must at the generall Sessions of gayle deliuery, certifie the murtherers confession. Now because it is a matter ve­ry haynous by the ecclesiasticall lawe in force, that any ecclesiasticall person, shoulde bee present in any place, where any sentence is giuen for the sheading of bloud, much lesse to bee a minister of Iustice, in a cause of bloud: Therefore ciuill iurisdiction for this cause also is forbidden ecclesiastical men. And among many con­stitutions, I haue thought good to recite onely these that follow.

Extra. ne cleric. vel mon. c. clericis. CLERICIS IN SACRIS ORDINI­BVS. &c. It is not lawfull by the Councell of Toletane for Clearkes placed in holy orders to handle iudgement of bloude: Wherfore we prohibit that they by them selues, neyther chop of any members or cause any to be chepped off. For if any shall doe such a thing, let him be depriued of his honour, and of his place. And agayne

Extra. ne cleric. vel mo­nac. c. sen­tentiam. A Byshop may not bee a iustice of peace in cause of bloud. SENTENTIAM &c. Let no Clearke indite or pro­nounce a sentence of bloud, neither let him put in execution any sentence of Bloude, or bee present where it is exercised. [Page 216] Neither let any clearke indite or write Letters, to bee destined for the auengement of bloud. Therefore in the courts of princes, let not this care be committed to Clearkes, but to lay men.

And agayne, Extra. de exces. prelat. c. extra. EPISCOPVS, cuius authoritate &c. Abishop, by whose authority manslaughter is committed, is de­posed from the ministery of the Alter, and from his pontificall office, and from the administration of his Bishopricke: A Bi­shop eyther directly or indirectly, giuing cause that manslaugh­ter be committed, the same being committed, ought to be depri­ued from his Byshoply and Priestly office, & to be remooued from the administration of his Bishopricke. And that this Chapter may not seeme (sayth the Glosse) to be vnderstood of manslaughter or murder vniustly committed, or per­petrated, these words are added in the Text, Quia prop­ter furtum, quidam fur suspensus erat: Because for theft a certayn theefe was hanged. In the time of Henrie the second, I finde that the sayde King, gaue certayne Pri­uiledges, and immunities vnto the cleargy, the Tenor of which graunt ensueth. Math. Pari. H. 2. fol. 185. ARCHIEPISCOPI, EPISCOPI, &c. The Archbishops, Byshops, and all per­sons of the kingdome, which hold of the King in cheefe, let them haue their possessions of the King, as a barony and thereof let them aunswere to the Kings Iusticers and Ministers, and let them follow, and doe all the Kings customes, and as other Baron­nies, so shall they be present in iudgementes of the Kings Court, with the Baronnes, vntill the matter come to the losse of mem­ber, or to death. By which priuiledge graunted vnto the cleargy (as I suppose) our Bishops at this day haue their seates in the Starre Chamber, and are Lordes of the Parliament house. For before the graunt made by this King, it doth not appeare they had any such priuiled­ges; the words of the king not ratifiyng or confirming any former graunt made by his auncestors, and prede­cessours, Kings of England, as in all giftes of confirmati­on vsually is done, but gratifiyng his Clergy, and other of his subiectes, by giuing them newe liberties, and [Page 217] franchises, whereof before his time they were not pos­sessed: for in the graunt there is no repetition, or men­tion of an Inspeximus: wee haue seene, the charters of our father, grandfather or great grandfather: but here is a meere and absolute graunte, deriued principallye from the kings owne person. H. 2. Whereby I gather, that these offices in Cleargy men, haue not bene of any long continuance in England, and that by the ancient laws, and customs of England, they do not properly belong vnto them: onely the King by his prerogatiue, hauing power to make Barons, at his royal pleasure, and to ap­point Iudges in his Courtes at his gratious will, hath by the same his Prerogatiue, graunted vnto the Clear­gy, that which before time, by the common laws of his Empire, did not appertayn vnto them, and that there­fore, as the common weale was gouerned, iustice mi­nistred, and lawes executed in the Kings Courts, by the Barons, before the time of this graunt, by H. 2. with­out the ayde, and assistaunce of Cleargye men, euen so might the common weale at this day, be as well go­uerned by the like gouernment, without any help frō any of them; as in deede and truth, the same in mat­ters of pollicye and greate state, these 24. yeares hath bene wonderfully gouerned without them. For which of the Cleargy men, since the Lorde sealed vp the eyes of Queene Mary, hath once set his foote within the Councell Chamber dore, to consult with the Nobility of matters of state? Which of them, hath carried any sway, or borne any stroake in the Starre Chamber, o­therwise then as the punie Baron there hath doone? And if Archbish. and Bysh. may be spared in the Parli­ament house: yea, may not come into that assembly at all, whensoeuer any statute is to be made, touching fe­lony, or treason, or the losse of any member, or shead­ing of any bloud [...] I see not but they may as well be spa­red in matters of possessions, and inheritaunces, and in [Page 218] other matters of state and pollicy whatsoeuer, and so much more rather in these then in the former, by how much more the life of man, is more precious, then all other earthly possessions or treasures: And by howe much more, the taking away of the life of an innocent, is more odible, and heynons before the Lorde, in case it be not done according to his worde. In which mat­ters, the diuines are fittest to bee consulted with, and whose counsels, are not to be omitted, least life bee ta­ken away, where it is forbidden, or death take no place, where it is commaunded. But be it so, that our B. may pretend their iurisdiction, in ciuill causes to bee more auncient, then from the time of K. H. the second: yea, be it, that they may deriue the same, from Edgar or Ca­nutus, before the conquest: yet, because Canutus orday­ned that the B. of the Diocesse should be present at the Courtes of euery shire, onely to teach the people Gods Lawe, as Edgar before him had appointed, the Shirife to be present, at the assemblies, and Synodes holden by the Cleargy, twise a yeare, onely to teach the same cler­gy mans Lawe, namely, the lawe of the Realme: They are not to boast of Antiquity for their iurisdiction in causes ciuill. They haue beene appointed long sithence to meete in deede in Ciuill Courts, but onely to exer­cise the spirituall sworde. But were it so that by the Lawes of Edgar, and Canutus, they might seeme to chal­lendge, great regalities, dignities, and immunities: yet they know, that by the Lawes of the first King and last King, of the most noble, most highest, and most holiest king, the king of al Kings, our Lord Iesus Christ, whose vassalls in worde they professe themselues to bee; they haue no such enfranchisemēts granted vnto them; yea, rather that they be precisely willed being ministers of the gospel, not to be called Lords, or to be deuiders of inheritaunces. But we will goe forward. For not onely the decrees and ordinances before mentioned, against [Page 219] seculer iurisdiction, and ciuill offices in Ecclesiasticall men, haue bene made, and published by the B. of Rome, and his Legates or Messengers, for the regiment of his Cleargy, a kinde of people (as he saith) onely to be go­uerned by such positiue lawes, as proceede from his brest: Ciuil go­uernment, forbidden by the ciuill law to ec­clesiasticall men. But the Emperour also, by the Lawes of his Em­pire, hath directlye and absolutely, commaunded the same.

ALIVM AVTEM FIERI. &c. But we suffer not a Byshop or an elder in his owne name, or in the name of his Church, or ministery, to be made a receiuer, or gatherer of char­ges, belonging to the treasury, or to take to him either publike or other mens possessions, or to be a steward of an house, or proctor in any cause of controuersy, or yet to become a suerty in any such causes, that by this occasion both no hurt be wrought against the churches, and that the ministeries be not hindred.

By w [...]ich Law, the Emperour we see, vsing the autho­rity of an Emperour, and exercising his imperial power ouer the Cleargy, within his dominions; and regarding the peace and quietnesse of the Church, and to keepe the Cleargy, as well as the residue of his people, in due obedience of his Lawes, and within the compasse of their calling: hath established these his owne lawes, for them, his owne subiectes, to be ruled, and gouerned by. Neither staieth hee him selfe in the prohibition of these offices alone, but proceedeth further & further with the like. De epis. & cler. Auth. presbiteros. EPISCOPOS autem velmonachos tute­lam alicuius personae subire non permittimus. And as touching Bishops or Monckes, we suffer them not to take on them, the o­uersight of any Orphane. And again, the Emperour Iustine, writing to Archelaus the chief of the pretory comman­ded thus.

Cod. de e­pist. & cler. l. repentita. REPETITA PROMVLGATIONE, non solum iudices quorum libet &c. Wee repeating our Procla­mations, think it good, not only that the iudges of euery tribunall or iudgement seat, but that the gouernors of the churches of this [Page 220] excellent City amongst whome this most filthy kind of proouing dead mens willes haue crept in, before warned that they meddle not with a thing, which by the disposition of our Laws, appertain not in any wise to any other, then onely to the Mayster of oure reuenewes. For it is absurd: yea, rather an ignominy for Cleargy men, to shew themselues cunning of common Pleadings: And the trangressors of this ordinance, we deeme shall be punished, with the losse of fifty poundes of Gould. The reason of which constitution may bee drawne from another Law of the Emperour, wherein is prohibited the selfe same thing.

QVI SVB. &c. Wee thinke that the deceite of these men, ought to be met with: who, vnder a pretense of being Deans or collegiat men, when they perfourme no such duety, endeuour by reason of other chardges, to withdraw themselues, that none vnder colour of some one office, which hee dothe not execute, might be eased, of the weight and burden of an office, which by duety he should execute. And againe, the same Emperour saith. Cod. de te­sta l. cōsulta diualia. Cod. de dona. l. in hac. & l. se­cundū diui. ff. de decurio l. seuerus. ff. de iure immunit l. semper. §. sina. ABSVRDVM EST. &c. It is against all rime or reason, that offices shoulde be mingled together without order or consideration, and that one man shoulde catch a thing, com­mitted to the credite of another man. And therefore in ano­ther Lawe, we finde it written thus. Non est dubitan­dum, quin nauicularii non debent decuriones creari: quia v­trumque officium gerere non possunt. It is out of all doubt, that Shipmasters cannot bee made Senators, or cap­taines, because they cannot exercise both offices. A­gayne, the Emperour still respecting the equity and reason of his former sentences and iudgementes, saith thus. PLACET nostrae clementiae vt nihil commune clerici, cum publicis actionibus vel ad curiam pertinentibus, cu­ius corpori non sunt annexi, habeant. It is our gratious plea­sure, that cleargy men haue no communion, with pub­like functions or belonging to the court, vnto whose body they are not incorporated. And by this law saith the Glosse, cleargy men can not be iudges, aduocates, or proctors, in secular causes.

And will you know then sayth the same glose, by what meanes Cleargie men, haue gotten into their handes, approbations of wils and Testamentes? Glos. ibi­dem ver. cō ­petit. Quia modicum lucrum pro hiis dabatur, clerici cupidi hoc sibi vsurpabant. Be­cause a little gaine was giuen for them, couetous clear­gie men haue vsurped them. l. hiis qui­dem. Cod. qui milit. non pos. lib. 12. l. 1. ff de col­leg. illicit. Pride, ambition, coue­tousnesse, and usurpation, the beginning of ciuill iuris­diction in Cleargy men. By the order and discipline of war, it is vnlawfull for one souldier to take the paye & wages, allowed for two souldiers. In societies of Ci­ties and Townes corporate, and other houses of com­panies and fellowships, it is not lawfull for one to be gouernour ouer two companies of diuers craftes and misteries.

And againe. Cod. de prox. sacro. scrut. lib. 12. l. hac parte in fi. Cod. de as­sesso. l. fi. NVLLO MODO, &c. Let them not in any wise take vnto them double offices, or be written or enrol­led in two regesters, heaping by that meanes vpon one man, ma­nie commodities, and leauing nothing for the residue. Because Qui ad vtrum (que) festinat, neutrum bene perag [...]t. He that haste­neth vnto two things at once, can performe neither of them rightly, according to these prouerbiall verses.

The reason why Bishops and Archdeacons, exempt and disburthen them selues from generall hearing and determining causes of instance, and iudgement of law, committing the same vnto their Commissaries, and officials, Doctors of the ciuill law: I suppose to be, ei­ther for that them selues beeing ignoraunt of the law, [Page 222] are desirous to haue iustice, ministred by men skilfull of the law, or els, that they hauing dispatched them sel­ues of all outwarde care, touching the outwarde man, might be wholly dedicated to the trymming and dec­king of the inner man, not onely touching them selues but others also committed to their charge. And if they for these respectes, and to auoyde ignominy and reproch shun the executiō of law, properly (as they say) and altogeather belonging vnto them: what reason can they pretende, to take vppon them the execution of the lawes of this Realm, no whit pertinent to their callinges, and whereof by all reason they are lyke to be more vnskilfull, then of their owne Canons and con­stitutions? By which Canons they are not onely for­bidden as before, to exercise any Ciuill iurisdiction for other men, but also though the same concerne their owne seruauntes.

Extr. ne cler. vel monac. c. fi. lib. 6. QVOD SI EPISCOPVS, &c. If any Bishop haue any temporall iurisdiction, he ought to commit the same to some laye man, that he maye take punishment of all malefactours. Now if a bishop may not exercise his owne temporall iurisdiction, descending vnto him by lawfull inheri­tance, or otherwise belonging vnto him ouer his owne Tenants, within his owne franchisementes and liber­ties, in his owne person, but ought to depute the same to an other; how much lesse may he lawfully exercise the Ciuill iurisdiction of an other man.

Again. 88. distinc: c. epis. & conc. glos. lib. 6. de regu. iur. c. potest quis. EPISCOPVS TVITIONEM, &c. A bishop ought not to take vpon him selfe, the defence, gouernment, and charge of Widowes and Orphanes, and straungers, but he ought to dispatch these businesses, by some other chiefe Elder, or chiefe Deacon. But contrary to these Canons, lawes, & principles, our Prelates not hauing so ruly, and stayed a will as were requisite, make a hotche potche, of the Cleargie and layetie, a gally maufrey of magistracie and Ministery, and a mingle mangle of Pastours, and peo­ple: [Page 223] They turne cat in the pan (as we say) and main­taine the tumbling of the office of a Minister, vppon one of the people, and the office of one of the people vpon the minister, so that by this their iumbling of offices togeather, there can be nothing but confusion and disorder, as well in their gouernement, as in their iudgement. Bishops go­uernment in ecclesiastical causes being [...]uill, that ar­gueth the same in ciuil causes not to be good. For my part, if I as well knew their go­uernement in ciuill causes, where they may be in com­mission, might hereafter be good, as I am sure their iudgemente in Ecclesiasticall pollicie: hath hitherto beene naught: I woulde wishe them, rather to be Ma­gistrates in the common weale, then superintendentes in the Church. But because it may easely be coniec­tured, by the fact of the one, what the effect of the o­ther woulde be; it is to be wished, that they still were barred from the first, hauing so shamefully abused the latter. For besides the manyfest contempt and abuse of all lawes positiue, in force committed to their fide­lities, whereof in the former treatizes, mention hath beene made; if a man shall peruse their aduertise­mentes, and their Canons set foorth for due order in the publique administration of Common prayer, and concerning certayne offices of the Church, and certayne dutyes belonging to those officers: he shall finde, they haue bestowed but little labour in ma­king them, and lesse fidelitie in executing them. For the aduertisementes, besides the preface, the whole Treatise is not fiue leaues and a halfe of Paper with the subscription of their names and all. In which fiue leaues, their is not anye one thing mentioned and commaunded to be done, but the same was either commaunded by hir maiesties Iniunctions in the firste yeare of hir highnesse raign, and therefore needlesse to be repeated againe: Or else is translated out of some latin Canon, and so made an englishe article, (halfe an [Page 224] howres study for a bishops Chappleine): Title. Arti­cles for ad­ministratiōs of prayer & sacraments. Or els is di­rectly against hir maiesties Iniunctions, and therefore sauoreth of supremacie: Or els is superstitious, and therefore smelleth of Poperie: And so contrary to the commaundement of the Lord. Hir maiestie by hir in­iunctions commaundeth euerye Deane, Archdeacon, Parson and Vicar, to preach in euery of his cures by him self euery moneth. 43. Iniuncti­on. And because none should be excused, as vnable in this behalfe, she hath commaun­ded the bishops, that none vtterly vnlearned be admit­ted to any cure or spirituall charge: and she by hir sin­gular and excellent wisedome, accounteth him vtterly vnlearned, that coulde onely reade to saye mattens or Masse: but by the aduertisements and Canons, the bi­shops pronounce it sufficient, that a Parson or Vicar preach once a quarter, and that not by him selfe, but by an other, and that one vtterly vnlearned (euen as by hir wisedome an vnlearned man hath beene adiudged) be admitted to the ministerie, and afterwardes sent to the Archdeacon, or his officiall to school, and to conne his taskes of scripture, and to learne his Catechisme.

Againe. Hir maiestie hath commanded euery one to preach within his owne cure without a licence: they commaunde that none preach within his owne cure except he haue a licence vnder the bishops seale. The article, that the minister shall weare a cope with Gos­peller and pisteler agreeably, smelleth rancke of super­stition, and as far as I can finde both against hir high­nesse Iniunctions, and besides the booke of Common prayer. The booke of the bishops Canons is of some­what a larger volume, it contayneth 14. leaues, you must consider, the whole conuocation had an oare in that Boate, it intreateth of Bishops, of Deanes, of chur­ches: of Archdeacons: of Chauncellors, Commissaries and Officials, of church wardens: of Preachers: of resi­dence: of Pluralities, of schoolemaisters, and of Patrons [Page 225] of benefices. In the description of which offices, as it is manifest, they had but little regard to the word of God, so is it apparaunt also to euery one learned in the Canon lawe, that for the most part they are translated thence, here a pece and there a pece, and all not worth their labour, because, if it be not againste the lawes of the Realme, or preiudicial to hir highnes prerogatiue, then is the same already confirmed by act of Parlia­ment 25. Henry the 8. 25. Henry 8. c. 19. and if ther be any thing in their sayde Canons, which is not thus translated out of the Canon law, whatsoeuer the same is, if it be good, then was the very same established before by hir highnesse Iniunctions. For, as touching the erectiō of new offices belonging to an Archdeacon, and the Bishops Com­missaries and officials, in teaching the ministers their Catechisme, and hearing them say their lessons with­out booke, and to take an account how they haue pro­fited in Scripture, I thinke if the prerogatiue of the conuocation house were well searched and made kno­wen, it might not erect any new office, or promulgate any new Canon, without hir maiesties speciall consent first had and obtayned therevnto. And I am sure, that neither by lawe, neither by custome, this office did euer belong to an Archdeacon, or his officiall, be­fore the booke of these Canons was published. Booke of Canons and title of bi­shops. Tou­ching the not making handy craftes men, and such as haue no title to liue by, to be ministers, and the not making any minister at any other time, but when it shall chaunce that some place of ministration is voyde, and that none be suffered to be occupyed in the ad­ministration of the Church, that is called by the idle name of a Reader: Title resi­dence. Or that is made a minister, vnder the age of foure and twenty yeares, or vnderstandeth not the Latin tongue, hauing no giftes of teaching, or the absence of the sheephearde from the Lordes flocke and diuers other thinges, specified in the Bishops Ca­nons. [Page 226] If the translator had not beene more faithfull in his translation, then the Bish. in the execution, a meere English man, should neuer haue knowen any such thing to haue beene written in the Latine Lawe: And there­fore because NEMO negligens in re sua, presumitur dili­gens in re aliena. No man negligent in his owne cause, can be presumed to become diligent in an other mans: I can gather no otherwise, then that there hath but little good, growen to the Common weale hitherto, by the bi­shops and Cleargie men, in the Administration of Ci­uill iustice. And that therefore such as haue written, or spoken, or preached againste Ciuill iurisdiction, in the Eclesiasticall state, haue done it for two vrgent and waightie considerations: Friendes of reformation friendes of the queenes maiesties prerogatiue. First not to encounter hir maiesties prerogatiue, (as it is falsely supposed) but to teach their Lorde and maisters truth. They haue not doone it in disobedience to hir crowne, but in o­bedience to their God: They know it is better to o­bey God then men, and therefore they haue laboured faythfully by the worde of God, to perswade hir ma­iestie, and the estates of the Realme, that these offices ought not by the Lawe of God to be resiaunt in one person, and therefore hath exhorted hir maiestie and them, in the name and feare of God, to vse hir prero­gatiue, and theire authorities to the seuering of them. Secondly they haue preferred the generall welfare and commoditie of the common weale, before the vnlaw­full honours and promotions of priuate men. They know by learning and haue prooued by experience what detriment maye insue to the Common weale, when offices are committed to men ignoraunt of such duties as belong vnto their charge. A man that hath spent all the dayes of his lyfe, in the studie of Gram­mar or Oratorie, and hath alwayes taught the same, were a very vnfit man at the age of threeschore yeares, to be made a publique Keader in Phisicke or Law, and [Page 227] yet notwithstanding to remayne a Schoolemaister still. Expedit reipublicae vt quisque officio suo fungatur. It is expedient for the Common weale, that euery one execute his owne office. And I am of opinion that the friendes of reformation, are greater friendes and mayntainers, to and of hir highnesse prerogatiue then the others be. For they ascribe vnto hir maiestie, in­deede, truth, and veritie, that which the others do but in worde, shew, and semblaunce onely: They earnestly desire and craue, that as hir highnesse hath beene an­noynted and Crowned, by the Lord him selfe, Queene and gouernesse ouer them: and as she is their naturall and onely lawfull Ladie and Mistresse: and as she hath the name title and stile of supreame and chiefe ruler ouer all persons, & in all causes: So likewise the causes now accōpted Ecclesiasticall, beeing meere Ciuill, shee might in deed, truth, and veritie, haue all and all maner of iurisdiction executed in hir maiesties owne name, as well in Courts and iudgements nowe reputed Ecclesi­asticall, as in other hir maiesties Courtes temporall, whereby hir Ciuill gouernement might be more en­larged. Which thing the abettours of reformation perceiue now to be otherwyse. Forall summons, actes, proceedinges, sentences, decrees, and iudgementes in all causes and controuersies determinable, before Archbishops, Bishops, and Archdeacons, are begunne, continued and ended, in the Archbishops, bishops, Archdeacons, their Commissaries or Officials, names, stiles and dignities, without any relation or mention of authoritie gyuen unto them, as proceeding from hir maiestie, then the which there can not seeme a­nye thing more preiudiciall, to hir state, Crowne and dignitie. For be it that they be created Archbishops and Bishops, by hir highnesse, and inuested into their seas at hir Graces commaundement: yet this argu­eth no greater prerogatiue belonging vnto hir maiesty [Page 228] ouer them, then such as she hath ouer hir other sub­iectes, whom she createth Barons, or dubbeth knights. But as concerning common and ordinarie iurisdicti­on, in causes reputed Ecclesiasticall, they haue no let­ters patentes from hir maiestie, conuaying vnto them­as from hir royall person, any power ouer hir subiects, to heare and determine their causes in hir highnesse name, and vnder hir gouernement: Onely they exe­cute such iurisdiction, as by popishe constitutions, or popish customes, hath beene heretofore annexed to their Archbishopprickes, bishopprickes, and Archdea­conries, and that by an vtter enemy to hir royall per­son, state and gouernment. B. L. to his colleague Comissio­ners. In so much that some of them by Letters hath signified vnto their Colleague Commissioners, that common and ordinarie authori­tie in causes ecclesiasticall chiefly, and almost onely be­long to them selues, and their officers: And that com­missions from hir maiestie for reformation in matters ecclesiasticall, graunt onely an extraordinarie authori­tie. And that therefore the sayde Commissioners haue not to heare matters of instance, and such as requyre iudgement of lawe, for that such causes belong onely to them selues and their officers, whereby they haue insinuated hir maiestie, to haue no common or ordi­narie authoritie in causes ecclesiasticall, as they them selues haue. Whereas all other courts within hir high­nesse Empyre, as leetes, courtes Baron, courtes of re­garde, courtes of Forrestes. (I leaue to speake of hir highnesse owne Courtes at Westminster) all liberties and franchises, all parkes and free warrens, belonging to any of the Nobilitie, Gentrie, or any Citie or borow of this Realme, haue euer had their beginninges and establishmentes, by the gratious fauour of the Kinges of this Realme, as from whose prerogatiue, such digni­ties and immunities ought franckly to proceed, and by whom onely they haue beene graunted: Onely oure [Page 229] Church gouernours challenge not their authoritie, as from hir sacred seate of iustice and princely throone, but they challenge their authoritie as a power belon­ging to their owne seats, deriued from an vsurped and forren power. 17. pag. [...]. 28. Henry c. 16. The statute made, that euery Archbi­shop and bishop of this realme, and of other the kings dominions may minister, vse, and exercise all and euery thing, and thinges, pertayning to the office or order of an Archbishop and bishop, with all tokens, ensignes, and ceremonyes therevnto belonging, and that all Archdeacons, and Deanes, and other hauing offices, cures, and dignities spiritual, may by authoritie of this act, and not by vertue of any forren power, or authori­tie, administer, vse, and exercise, all things appertaining to their dignities, offices, orders, cures, religions, felow­ships, and may lawfully hereafter vse, all tokens, en­signes and ceremonyes, which they haue beene accu­stomed to vse in times past, so it be not expresly, against the lawes of God, and this Realme: This statute I say, hauing beene the rule of our Archbishops and bishops consciences, for their gracinges, there Lordinges, there vsheringes, their kneelinges, there tastinges, their cup­bearinges, and such like, improoueth no whit any part of the force of the former assertions: but rather confir­meth, and fortifieth the same. First the statute hauing relation onely to tokens, ensignes, and ceremonies ac­customably administred, vsed, and exercised before the making of the statute; all which beeing Antichristian, and therefore expreslye against the lawes of God, are plainely by this statute abrogated, and therfore ought no more to bee administred, vsed or exercised. For though the Kinge, the peeres, and commons at that time, not instructed in the vnlawfulnesse of them, did not holde and repute them to be againste the lawes of God, and therefore did not specially abridge any par­ticuler rites, ensignes, and ceremonies, &c. yet now for­as [Page 230] much as we are certaynely infourmed, that they bee altogeather Antichristian, and therefore expresly a­gainst the worde of God, we maye and ought to vrge the generall intendement of the statute, generally to take them awaye. Secondly, were not the foresayde popishe rites, ensignes, and ceremonyes, Antichristian, and expresly against the lawes of GOD, and there­fore by this braunche of the statute might bee mini­stred, vsed and exercised; yet notwithstanding, it is manifest that the sayde rites, ensignes, and ceremo­nies, haue not beene appoynted by the prerogatiue of anye of the Kinges of this Realme, but haue beene transferred from Italye vnto Englande, by a forren and vsurped power, and therefore by the seconde braunch of the statute, as thinges authorized contra­rye to the Lawes of the Realme, are not anye more to be vsed, or exercised. In the time of King Henry the seconde, we haue seene before, that this priuiledge was graunted to Archbishops and Bishops, that they shoulde holde their possessions of the King, as a Ba­ronie, and shoulde be present in the Kinges courtes, as other of his Barons. If in these dayes they did sitte them selues in their owne Consistories, and exercise gouernement by the lyke authoritie, their Courtes happely woulde not be so contemptible as they bee, nor their iudgement seates, so abused as they are. The people woulde be better quyeted in those places: and offer lesse iniurie to the magistrate, then now they doe. And therefore I conclude, that though hir highnesse and the lawes indirectly, and as it were ala­tere, tollerate these men to rule and gouerne, accor­ding to those forreigne lawes, whereof they haue the execution: yet the more faythfull and loyall euery sub­iect is, the more he should and doth contende, to haue the whole and entyre gouernement of the Church and Common weale, directly, immediately, and abso­lutely [Page 231] to spring from hir highnesse, as from the heade and fountaine vnder Christe, of all gouernement to be executed amongest hir subiectes. In dooing wher­of, they shall dutifully and Christianly more and more mayntaine hir prerogatiue. The Emperour forbid­ding Ecclesiasticall men, to vsurpe Ciuill offices, lost no whit of his imperiall prerogatiue ouer the subiectes, yea rather, hereby he openly declared the magnifi­cence of his Empyre, and the absolute authoritie he had ouer them: and that as well by forbidding things not to be doone, as by commaunding thinges to bee done. Enemies of reformation enemies vn­to hir maie­sties prero­gatiue. For though he spoyled them of vnlawfull pre­eminences, yet he enriched them with lawful liberties, I know not the inward intent and meaning of such as mislike to haue ciuill gouernment translated frō Arch­bish. Bish. and Archdeacons vnto the ciuill magistrate. But if I may speake that which may shrewdly be suspe­cted, they may seeme to be greater enemies to hir highnes prerogatiue then others be. For though outward­ly in wordes they seeme to graunt vnto hir all libertye in the disposition of ciuill offices (whervnto the others do likewise agree and condiscende): yet they seeme in deede to be loath she shoulde drawe the sword of hir prerogatiue, & cut a sunder the coards of their cōsisto­ries. They graunt hir authoritie to make them selues iustices of peace, and ecclesiasticall commissioners, and so wage law for hir prerogatiue. An easie matter for them to stande in, & plausible to flesh and bloud: their outwarde man delighteth with outwarde pompe and credit. But suppose the case stood between the Archb. Bish. and Archd. and hir maiesty for hir prerogatiue in abolishing their iurisdictiō, & trāslating the same to o­thers; & that the matter were to be decided by the gretest part of their own voyces, & that their voyces were to be giuen in scrutiny, & not any waies to be knowen who had giuē his voice, with or against hir prerogatiue [Page 232] in this case (I feare me) rather then their Lordeshippes shoulde take the foyle, they woulde lay hir prerogatiue in the dust: selfe loue woulde haue a strooke, and fleshe and bloud woulde be loath to loose any liberty. The history of Henry the fifth, and the Oration of Henry Chychuby, Archbishop of Caunterbury, made in the Parliament house, to alienate the Kings minde, and to disswade his Nobles, from the enterprise whereof hee and they had consulted, touching the ouerthrow of ir­religious houses, and to draw their endeuours to make warre, and to leauie an armie against the French king, might be a forcible argument to anye, to perswade him selfe the same thing in this case, though he had no other reason to induce him therevnto. But the vnci­uill intreaty of hir highnesse owne schollers elected by hir gratious commaundemement from Westminster to hir owne Colledges in Cambridge and Oxenforde, euen by such as would seeme in words to set vp migh­tie propes vnder hir prerogatiue, argueth manifestlye the same thing. For otherwise hir maiesties schollers in all respectes as well qualified as their owne, and al­wayes elected halfe a yeare before their owne, might once in the space of twenty foure yeares, though not for their owne sakes, yet for their honorable Lady and mistresse sake, haue receiued some more fauourable in­tertainment and preferment in those houses then hi­therto they haue done. The maisters of those houses woulde not haue placed them next vnto the screene, and set them next vnto the Porters lodge as by electi­ons vnto fellowships in the one, & schoolerships in the other, they a long time haue doone. Whereas on the contrary side it is apparantly knowen, that sometimes the Dean of Christ church in Oxenford, a great friend to reformation, and a man for his excellent knowledge and wisedome in gouernment, singularly commended euen by his enemies, in these small matters gaue an ap­parant [Page 233] and rare example of his humble dutie and loy­altie vnto hir highnes. For the reuerent estimation he had, & caryed of & vnto hir highnes ordinance and in­stitution, he placed a scholler sent thither by hir maie­sties appointment, firste and senior vnto all those that were elected into the house at that time: he him selfe brought the same hir scholler to his chamber, and pla­ced him in a Chamber and studie commonly appoyn­ted for the ancients of the house: all his owne schollers were inferior vnto hirs, and placed beneath hirs. Since the departure of which man, if the Audite or butterie bookes of that house were sought, you shall finde hir schollers names, written alwayes in the latter ende of the booke, the last of forty, and placed after his schol­ler, whom hir highnesse but the day before, had prefer­red to be a Deane or prebendary in that house. The Deanes schollers they goe and sit, and are placed fore­most: the prebendaries in the middest, and hirs hinder­most: and if they were to go a procession, as in the time of popery, hirs must go foremost, as vnworthiest to go next to the crosse. And because hir maiestie sometimes by hir letters heretofore requested the Deane and cha­piter, to receiue into hir Colledge such as she thought meet to be placed: Now forsoth, to preuent hir boun­tifulnes, and to take awaye all occasion from others to seeke preferment in that house at hir maiesties hands, they of late haue inuented a new deuice, and practized a new tricke, where they were by the order, and foun­dation of the house, bound yearely to make elections of such schollers as might presently at the time of the election be placed in the vacant roomes, they now either at one time choose a greater number of schollers for them selues, then are places vacant and so make but one election in two yeares, or else so soone as any place by the departure of any schooler is voyd, they foorthwith in the name of the Deane or some [Page 234] Prebendarie chop an other in his roome: by meanes whereof either hir maiesties letters are delayed vnto the ende of two yeares, or else remayne altogeather frustrated, so kinde hearted these no Precisians, and these no Puritanes haue beene, and so thankfull they haue shewed them selues for their maisterships, Dean­ries and Prebendaries receiued at hir maiesties hands, by hir gratious bountie and liberallitie. And there­fore since they striue so egerly for such tryfles, and vse such foule shiftes, to shut hir out of doores, and make hir schollers packehorses, and set them at the Cartes tayle, in hir owne Colledges: I thinke a man may gesse twice, and yet not gesse so nigh, as to gesse that Clear­gie men, enemies to reformation, rather then they woulde loose their dignities, woulde, if it laye in their power, gyue hir Highnesse prerogatiue the Canuysa­doe. They allow hir maiestie a royall power to shred greene Olyue braunches, but to roote vp olde rot­ten dotterelles, they deny hir anye such authoritie: they can bee contented hir maiestie shoulde strippe poore men cloathed with sackecloath; but mighty men decked in scarelet shee may not touch, or once looke awrye vppon. No cause of the name of ecclesiastical court. Concerning the Courtes and iudgement seates of Archbishops, bishops, and Arch­deacons hitherto reputed and called Ecclesiasticall Courtes, I can see no reason in the worlde, why they shoulde be any more so esteemed, taken or reputed, or why anye matter, or cause, or suite, or controuer­sie commenced in those places, shoulde or ought to be called or counted Ecclesiasticall. For though in times past, I meane in time of popery, they might probably and coullorably be so called, either for that Cleargy men alone were Iudges, and exercised iudge­ment in them: either for that such parties as betweene whom suites did depend, were for the most part meere church men: either for that all peticions, and actions [Page 235] made, and begunne in those Courtes, were for such matters and causes, as whereof church men, onely by vsurpation, challenged vnto them selues the decision, and determination: yet now so it is, that all these rea­sons fayle and are of no force. For with vs at this day, though Archbishops, bishops, and Archdeacons, be Cleargie men, and chiefe amongest the ecclesiasticall seat: yet notwithstanding Doctors of the Ciuill lawe, meere laye men (as they call them) and no whit bene­ficed, by priuiledge of Cleargie, exercise all iurisdiction reputed Ecclesiasticall in their consistories, and by the ordinaunces of the Realme, are made competent and lawfull Iudges in these Courtes. 25 Henrici. octui. Where one suite now dependeth, or these manye yeares hath depended in the same Courtes betweene Cleargie men alone, one hundreth almost are and hath beene depending betweene laye men alone: the causes them selues are all for the moste part mere Ciuill, and belong onely to the Ciuill court. Approbations and insinuations of Willes and Testamentes by expresse wordes, (as you haue hearde out of the Ciuill lawe), are absolutely prohibited vnto Bishops, and all other Cleargie men: And so consequently (for that, Appendices sequuntur principalis subiecti naturam) Accessories follow the na­ture of the principall subiect. All causes of Legacies, Bequestes, Accountes, Inuentaries, Commissi­ons of Orphanes gooddes, and whatsoeuer else may be incident to anye of those causes, are vtterly forbydden. Causes of wrongfull and iniurious slaun­ders, infamous Libels, and contumelious crymes, causes of contractes and marriages, causes of dowrie and diuorce, causes of filiation and legitimation of children, matters of Vsurie, and whatsoeuer appertay­neth to the decision of these causes, are causes meere ciuill, and pertaine to the ciuill magistrate: and there­fore sithence Archbish. Bish. and Archdea. to disbur­then [Page 236] them selues, may lawfullye commit the hearing of these causes from them selues, yea and very seldome or not at all, execute their iurisdictions by them selues, but continually and effectually do surrogate and de­pute Doctors, or Bachelors of the Ciuill lawe. What iniurie to their persons, or alteration of the state and gouernment can it be, in case hir maiestie by hir prero­tiue, did commit the same causes vnto the same men, and make the bishops men, hir men, and their commis­saries, hir presidentes? Touching matters of tith it is lawfull for the chiefe Iustice of the kings bench, where any vsage or custome by any partie is pretended, to paye lesse then the whole tith, as suppose the twenteth or forteth part of his tithes: Yea in some cases, where no tith at all is payde (as vpon the statute of tith wood beeing timber trees aboue twentie yeares groweth) to prohibite in hir maiesties name, euery iudge ecclesia­sticall, that hee proceed not to the determination of any such cause, and so to take vnto him selfe the hearing and determination of the same according to the common lawes of hir highnesse realme. There is small diuersitie of reason, why the same, or some other Ciuill magistrate, may not as well heare and deter­myne all and singular causes of tithes, after what ma­ner or forme soeuer they be payde, as whereby long continuaunce of tyme, they haue beene customablye payde after such and such sort, or where no payement at all hath beene made. In the seconde or thirde in­staunce, when appeale is made from an Archbishop, Bishop, or Archdeacon into hir highnesse high Court of Chauncerie or Delegates in any case whatsoeuer, hir maiestie by the prerogatiue of hir Crowne and dignitie, hath absolute power to appoynt such men, to set a finall ende, and ordinate direction therein, as by their wisedomes shall be thought consonant to e­quitie, right and good conscience. There is no dis­parity [Page 237] of reason, why in the first instaunce, shee maye not as well haue like authority, or why like authori­ty, from her, or by her Maiesty, may not lawfullye bee committed to any of her subiectes, though no ec­clesiasticall persons, but onely seculer and laye men. Neyther by this meanes shoulde the course of Lawe touching appeales be taken away, but the same might be still practised, as now it is. In the prouinces belong­ing to the Romaine Empire, though presidents and Proconsulles, had their Commissions from the Em­perour, yet appeales were notwithstanding made from those Gouernours vnto the Consistories and tribu­nall Seates, of the Emperoures imperiall City of re­syaunce and cheefe aboade. And therefore though the Gouernmentes (nowe reputed Ecclesiasticall, but in trueth Ciuil) were absolutely translated from Ec­clesiasticall men, and put into the hands of lay men; (as in trueth it is already executed by lay men) yet the Courtes of Arches and Audience, and the Court of Delegates might remayne and continue still: and as they ought indeede, so they might in worde, as well and better to, bee called, the Queenes Courtes of Arches and Audience, as the Archbysh. of Canter­buries Courtes of Arches and Audience. As conue­nient for the Doctors to attend vpon the Queene as vpon the Archbysh. And as good a sight it were, & as dutiful a part, for my masters & Doctoures of the Ciuill Lawe, in their Scarlet robes to attend vppon her Maiestyes roiall person, in case she passed thorough Paules, as to attend vppon their Lordes grace his person. And as touching euery o­ther Consistory, nowe called the Bpshoppes or Arch­deacons Consistory, for auoyding of confusion and many iudgement seates, if they were vnited and re­duced in euery Shiere, or euery Diocesse to one con­sistorye, it mighte lykewise haue the name of the Queenes Consistorye, and the Courtes bee called, the Queenes ciuill Courtes: as, wherein according to the [Page 238] natures and qualities of the causes before specifi­ed, Ciuill Iustice might bee ministred, and the Po­pish ecclesiasticall Lawe abandoned, and as a froth or filth, bee spewed oute of the Common Weale. Her hignesse can not more gratify the Pope, then by ex­ecuting his lawe. For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye, as by authorising and practising his Lawes: nor by no meanes can shee more honour the Lord, then vtterlye to abandon all semblaunce of any gouernment, proceeding from an enemye and Traytour to his Maiestye. Neyther were it a Dodkin matter, (so little is his Lawe worth) in her state and gouernment, to haue all Bookes of her enemyes Lawes, layde on a heape in Smithfielde, and sacrificed in Fire vnto the Lorde: her owne common and statute Lawes, the Ciuill Lawe for the exellencye thereof, receyued among all Nations, and certayne prouinciall Constitutions made heretofore, at her Auncestours commaundement, haue for the moste part alreadye, and where neede is, speedilye maye haue sufficient matter in them for the gonern­ment of the Church and Common weale, without a­ny helpe from the Laws of the enemy of the church and Common weale. Instit. de iur. natu. genti & ciui § sed & quod. The Lawe of a King is, as it were the mouth of a King, for that he alwayes spea­keth by his Lawe. And if wee suffer the Pope to speake amongest vs as a King, doe wee not honour him as a King? If wee imbrace his power, doe wee banish his personne? If you say that they bee not executed as his Lawes, but as ours. I aske you a­gayne? why shoulde they at all be executed as oures? For in trueth they doe lesse good vnto vs, then an Herb-Iohn doth (as is sayde) in the Potage: for that Herbe doth neyther good nor harme. But these Lawes doe annoye vs vvonderfullye, and they doe vs no manner of good at all. They are altogether [Page 239] needelesse, they are altogether Bootelesse, I woulde to GOD they were altogether footelesse too. For touching the gouernment of the Church, wee haue first the perfect and altogether righteous Lavve of God to rule the same by: Secondlye, wee haue her Maiesties Iniunctions, the common and Statute Laws of the Realme, and the prouinciall constitutions con­teyning in effect, whatsoeuer ought in anye case by any subiect, to bee practised within this Realme. Touching the administration of Iustice in anye ciuill cause before mentioned, and wherof practise is made in the ecclesiasticall Court, there is nothing good in the whole body of the Canon Lawe, concerning the same, but the same hath beene culled out of the Ciuill Lawe, it is but an Epitomy of the Ciuill Law.

The rules of the Cannon Lawe, are for the most part, rules taken out of the Ciuill Lawe: onely there is this difference, that by the Cannon Lawe, a man in some case, shall not in his whole life time get an end of his suyte (as these parties that had a cause de­pending in the Popes Court twentye foure yeeres, and yet in all that space, Lis non erat contestata, an issue could not bee ioyned) wheras by Ciuill Law, a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste, or else the Agent becommeth non suite.

And if vppon cause the matter bee appealed after definitiue sencence, the same cause of appeale, ought ordinarily to bee ended within one yeare, or vppon some iust cause extraordinarilye happening vvithin two years. Otherwise the appeale is frustrate, so that in both instaunces fiue yeares onely must bee spent in suit of law.

And nowe what reason is there, that the Canon Lawe shold be still canonized amongst vs? when it was ordei­ned, that none should proceed in any vniuersity doctor [Page 240] of the Canon lawe. I thinke the meaning of the or­dinance cheefly was, that leauing no hope of prefer­ment to the professours thereof (the thing being of it selfe so vile) they shoulde loose no labour in the stu­dy thereof.

But I will conclude, that in as much, as by the Ca­nons, Constitutions, ordinaunces and synodalles pro­uinciall, made before the 25. yeare of Henrye the eyght, Byshpos and all other Cleargy men are for­bidden, to be Vicountes, Presydentes, Iustices, Ste­wardes, Bayliefes, gouernoures of Villadges, Iudges, Aduocates, Assessors, Tutors, Gardians, Ouerseers, run­nagates to seculer Courts, farmers of temporall posses­sions, receyuers of reuenewes, present in anye place, where mencion of anye processe or iudgement is to bee awarded agaynste anye man, to the sheading of bloude: And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication, and not to neglect their office, and to intangle them selues with worldlye businesse: And for as much al­so, as the Emperour hath vppon substantiall reasons and principles, inhibited the Cleargy vnder his Do­minions the like offices, to the end there mighte bee no confusion of gouernment, nor mingling of offi­ces, nor Iustice vnministred, nor one to defraude a­nother: and for as much also that such Canons, Con­stitutions, ordinaunces, and synodalles prouinciall be­fore specified, bee not contrariant nor repugnaunt, to the Lawes, Statutes, and Customes of this Realme, nor to the domage or hurt of the Queenes Prerogatiue royall, but rather for the establishment of the same, the same Canons, beeing both founded vppon the Lawe of God, whereby her prerogatiue standeth, and is vpholden: and confirmed by the Lawes of reason and nature, and also ratified by the consent of Empe­roures and nations, that therefore these Canons, [Page 243] constitutions, ordinaunces, and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight, and that there­fore it is vnlawfull for Archbishops, bishoppes, or anie Cleargie men to beare any ciuill office in the common wealth. If any except, that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices, and that therefore these Canons were not then in vse and executed, and therefore not in vse now, or to be executed now. I reply, that what bishop or Cleargie man soeuer, did before the 25. H. 8. vse or execute a­ny such office forbidden, as wherof mention hath bene made before: the same Bysh. or Cleargy man had some speciall dispensation, faculty, or licence from the Pope so to doe, and that therefore the conclusion remaineth still firm. For the statute hath not relation to the par­ticular exemptions and immunities of certain priuiledged persons in this case, more then it hath to the resi­due of the whole body of the canon law, wherin is no­thing generally forbidden, but dispensations were grante [...] from Rome at that time to the contrary, and so if the exception were good, we should haue no ecclesiasti­call law at all in force, because from the obseruation of euery generall law, some at that time were exemted by dispensatiō. If it be answered again, that as the pope did gratify his cleargy, so her Maiesty doth gratify hir cleargy by dispensation: herein he most strongly confirmeth mine assertiō, that bishops & cleargy men, by common right, may vse no ciuill Iuridiction. For what­soeuer is lawfull by priuiledge or dis­pensation only, the same is vnlawfull by com­mon right.

❧ VNLAVV­full to ordaine a Minister without a Title.

Extra. de prebend. c. non licet. NON LICET VLLI EPIS­COPO. &c. It is not lawfull for any By. to ordayne clearkes, and not to giue them whereon they may liue: but let him choose one of these twayne, either let him make no Clearkes at all, or, if he make any, let him giue them whereon they maye liue. A­gayne.

Extra. de prebend. c. episcop. EPISCOPVS SI ALIQVEM. &c. If a By­shop shall ordayne any, eyther Deacon or Minister, not hauing a certayne tytle, whereby he may receiue thinges necessary for this life, vnlesse the party so ordeined, haue some inheritaunce of his owne, for the maintainaunce of this life: Let the Byshop so long minister vnto him things necessary, vntill he may assigne vnto him in some Church, a conuenient stipend, for his Cleark­ly warfare. And it is intended heere sayth the glosse, that one may then bee ordeined without any title, when as he hath whereby to liue. Agayne.

Extra. de prebend. c. tuis. Vnto thy demaundes we aunswere thus, that thou mayest pro­mote vnto higher orders, Clearkes placed in inferiour orders, in [Page 244] case they haue of their owne patrimony, whereby they maye bee commodiously releeued, although they haue not obtayned any Ecclesiasticall benefice at all. But if the Patrimony shoulde decay by sodayne misaduenture, or ouerflowing of Waters, it seemeth sufficient, that the Bysh. shoulde prouide for them in some Ecclesiasticall benefice, because since they may not returne agayne into the worlde, their pouerty might redound vnto the discredite of the cleargy. Agayne.

Extra de ae­ta. & qual. c. accepimus. ACCEPIMVS TE. &c. Ʋ Ʋe vnderstande by thy report, that certaine Clearkes promoted vnto holy orders without a Title molest thee, about the obtayning of certayne benefices. Although therefore in the ordination of Clearkes, thou and thy predecessors ought to haue had that diligence, that by you, vnmeete men should not haue bene ordained, and there­fore after their ordination, thou canst not pretend any excepti­on against them, vnlesse after their promotion they haue made themselues vnworthy: yet notwithstanding, when it behoou [...]h vs to write for such, we, for a cautle cause, to be put in our letters, decree, that if the ordeined for whome we write be reputed fit, & not vnworthy an Ecclesiasticall benefice: that a compe­tent Benefice bee giuen vnto him, either by the ordeynor, or his successour. Ʋ Ʋhereas, if wee woulde deale strayghtly by Law with thee, wee coulde worthily compell thee to the prouision of those, whome it is manifest to haue beene ordayned by thee or thy predecessours: Especially, in as much as thou oughteste to repute those meete to receiue an Ecclesiasticall benefice, whome thou haste admitted vnto orders. Agayne.

Extra. de prebend c. cum secundum. CVM SECVNDVM APOSTOLVM. &c. Sithence according vnto the Apostle hee that serueth the Altar ought to liue of the Altar, and that he, that is e­lected vnto a burden ought not to bee reiected from the reward: it is euident by the like, as reason it selfe perswadeth vs, that Cleaerkes ought to liue of the patrimony of Iesus Christe, vnto whose seruice they are deputed. For, in as much as Clearkes are called [...], which is Sors, a Lot or Inheritaunce of the Lord or in as much as they attaine an inheritance in him, that [Page 245] they may truly sing with the Prophet. The Lord is the part of of mine inheritaunce; it is meete that they be releeued with the stipends of the Church, in the which and by the which, they are appoynted vnto holy seruices. And although our predecessors to the shame of the ordeinors, woulde the ordinations of such as were promoted without any certain Title, to bee frustrate and void: yet we, desirous to deale more fauourablie, will the ordeyned so long to be prouided for, by the ordeynours or their successours, vntill by their meanes they shall obtayne some Ecclesiasticall Benefices. And therefore inasmuch as I the bearer hereof, was by the presentment of none, promoted by thy predecessor vnto subdeaconship: we command that if they, vnto whome we haue committed his examination shall finde him fit, thou beeing lawfully cited to propose either by thy selfe, or by thy lawfull pro­ctor, whatsoeuer thou thinkest reasonably to bee proposed, touc­hing aswell the aptnesse of his person, as the quantity or qualitye of a Benefice, thou so long minister vnto him things necessary for the maintainance of his life, vntill he shall obtaine by thee in the Church of Zamoran, or soms other Church, an Ecclesiasticall benefice. Agayne.

Lib. 6. de. prebend. c. epis. If the Byshop vnto whome without expresse mention of any person, thou haste generally committed in thy steede, to giue orders in such a diocesse, shal promote any not hauing a title vnto holy orders, he him self (seeing he was in fault by ordeining such a one) shal be bound to minister vnto him al things necessary for this life, vntill by him or some other he be prouided for, in some competent benefice. But vnto whome licence is giuen by the di­ocesans to be promoted vnto holy orders, of whatsoeuer Byshop they wil: in this case not the ordeinors, but they who giue licence, (because they oughte not to giue licence to one not hauing a Title) if they haue no Title, are bound vnto the premises.

If any aduocate for any Byshop shall auerre the By­shops, generally to haue regard vnto these and such like Canons, in as much as they admit none vnto holy or­ders, vnlesse he be presented by some lay men, and haue some special deed or graūt in writing for some annuall [Page 246] rent or pencion, payable vnto him, in case afterwarde, he languishing with some incurable disease, or other­wise visited, shall not be able to execute his ministerye duely: I answere, that that is not sufficient, because any such pencion is not payable, vnlesse the party presented be made vnsit to serue in the ministery. And that ther­fore as this ought to be done, so the other ought not to be left vndone: For the Law in two respects, and for two considerations, requireth both the one and the o­ther to be done. First the Law willeth euery one admit­ted vnto orders, to haue for his present mayntainance and reliefe in the ministery, some true, lawfull, and cer­tayne title, in and vnto some ecclesiasticall benefice. As both the law it selfe in these words; (some Church sti­pends of clearkly warfare: an ecclesiasticall benefice: in an ecclesiasticall benefice: ecclesiastical benefices: a competent benefice) Glos. dict. c. epis. vers.. ti­tulo. & also the glosse & other expositors, do manifest & define a title, to mean some ecclesiastical benefice. Secondly, the law requireth, that euery one ad­mitted vnto orders, hauing for his present reliefe, some ecclesiastical benefice, should also haue some other title vnto some annual rent or pention, wherby he might be releeued, in case he were not able, thorough infirmity, sicknes, or other lawful impediment, to execute his ec­clesiastical office and function. The reason whereof is this, Extra. de. re­nuncia. c. ad supplicatio­nem. Adeuitandum vituperium ministerii: To auoid the obloquy of the ministery. Both which kinde of titles, the bishops, them selues by there canons of discipline, pub­lished. 1571. haue what in them lay, against them­selues, ratified and confirmed. Touching the first: the byshop (say they) shall lay his handes on none at anye other time, but when it shall chaunce that some place of ministration is voyde in the same Diocesse. And if some place of ministration (as they say) must be voyde before a Bishop may lay his hands vpon any, then must the partye (say I) to be ordayned, haue some place of [Page 247] administration committed vnto him, and so then some present prouision made for him in the ministery: namely, some ecclesiasticall benefice, whereby (I say) an vn­certayn, vnlawfull, and feyned title, vnto some stipen­dary curatship only, is not ment: but such a certayne, lawfull and true title in deede, as whereby he might be able continually, conueniently, and decently without gadding to & fro, or without any obloquy or reproche vnto the ministerye, prouide things necessary for the mayntainance of him selfe, and his family. And as it is flat agaynst the Lawe of the Lord, that any shoulde bee admitted vnto the ministery, not able to doe the mes­sage of the Lord: so is it also expresly against the lawes of our gouernment, that any shold be made a minister, to serue onely as a stipendarye Curate. Neither did the synagogue of Rome euer admit anye suche office by their canons, only by popish customes, thorough negli­gence of popish Prelates, such disorders & abuses haue crept into the same. Touching the second kinde of Ti­tle before mentioned, the Byshop (saith our ecclesiasti­call synode) 1571. shal lay his hands on none henceforward, but on such as haue some title (as they call it) where­by he may liue if by God his sufferaunce hee become blinde, or fall into greeuous sicknesse of the body, or into a continuall languishing disease. And therefore out of these decrees and the former act of Parliament. I conclude thus.

• 1 All decrees, canons, constitutions, and synodalles prouinciall, not contrariant or repugnaunt to the lawes of the realme, nor derogatory to her highnesse prerogatiue, that were in force. 25. of Henry 8. are by the statute of Primo Eliza. now in force.
• 2 But all the decrees, canons, constitutions and sy­dalles prouinciall, before specified (excepting [Page 248] the Canons made 1571. were in force, 25. of H. 8. and are not contrariaunte or repug­naunt to the Lawes of the Realme, nor dero­gatory to her highnesse prerogatiue.
• 3 Therfore these former decrees are now in force. And if so, then our Byshops by the same Ca­nons compellable to prouide a present, a cer­taine, and a competent stipend for euery such Minister and Deacon, as whome, not hauing anye conueniente ecclesiasticall Benefice or place of Administration, eyther they or their predecessours haue, contrary to the olde and their owne new Canons, made and ordeined, or hereafter shall make and ordayn a Minister or Deacon.

FOr were it so, that the Predecessours of our Bysh. deceased, were onely culpable herein: yet notwith­standing our Bysh. nowe liuing are in this case aunswe­rable for their successours default. Extra. de prebend. cū secundū. Panor. in. c. vlt. de aetat. & qualit. nu. 1. Glos. lib. 6. de preb. c. si episc. vers. ad premissa. Extra. de for. comp. c. penult. ff. de transac. l. cum Hii. Huius prouisionis obli­gatio transit ad successorem. The band of this prouision passeth vnto the successour, and is lyable agaynst him. Ordinatus ad sacros sine titulo acquirit sola ordinatione contra ordinatorem, obligationem, vt eum compellat ad prouidendum de beneficio. And this rule is so certaine and vnfallible, as in case a Clearke ordeyned vnto holy orders without a Title, promise the By. that he will not molest him touching the same, that yet the same Clearke notwithstanding anye such disclayme, may bring his action agaynste the Bysh. and recouer eyther an Ecclesiasti­call benefice, or sufficient mayntainaunce out of his reuenewes. For this right, is Ius publicum, & may not be remitted. It is also a right, wherby releefe is prouided for maintaynance of life: but Alimenta, pacto alimentarii non tolluntur: Nonrishments are not taken away by a couenaunt of him that is to bee nourished, to the end the common Treasury, or common weale bee not consumed or burdened, with extraordinary and vnlawfull im­positins. [Page 249] And againe. Eztra. de si­mo. c. penult. If any shall ordayne or present one vn­to orders, taking of him an oth, that he will not disquiet him a­bout his prouision, let the ordaynor and presentor know, that the ordaynor from conferring againe, the presentor from the execu­tion of his orders, is suspended for the space of three yeares. And besides, let the ordayned vnderstande him selfe to be suspended from his office so receiued, vntill he shall deserue to be restored by the Apostolicke sea. The reason whereof is this, name­ly, because euery such oth is luramentum turpe, a filthie oth, and therefore not obligatorie, and beeing the ac­cessorie, no more auaylable then the principall. Nei­ther may it serue for any excuse vnto a bishop, that the partie ordayned, affirme him self to be contented with some small title or portion bestowed vpon him, in case the sayde title be not in deed sufficient for the mainte­naunce of his necessitie. Extra. de si­mo. c. penult. Quia precauendum est indecen­tiae clericali, item huiusmodi renunciatio expressam simoniam induceret, Because the vndecency of Clearkes is to be foreseene, also such a disclayme should induce manifest simonie. Moreo­uer if a bishop ordayne a Cleark, and bestow vpon him a competent benefice, which afterwardes is euicted from him, in this case also the bishop after the sayde e­uiction, is bound to relieue the sayd Clearke, vntill he haue prouided him such a benefice as is not recoue­rable from him, both to the ende no collusion be­tween the bishop and the Clearke shoulde be vsed, and also because the bishop should warely and wisely haue fore seene the first title to haue beene sure and good.

❧ The manner of Archbishops, bishops, and Archdeacons visitations, and what procura­tions are due for the same.

FIrst, visitations (saith the Canon law) Extra. de cens. c. cum venerabili. were instituted Causa corre­ctionis; for cause of reformati­on; and therefore it is certaine (sayth the Glosse) Glos ibid. ver. bis in anno. in the same chapiter, if the visitor be certain that the Church need no visita­tion, he ought not to visite the same: because the cause ceasing, the effect should cease. Secondly, because visitations were ordayned to the in­tent a Church destitute of spirituall things, might haue spirituall thinges ministred vnto hir; 10. q. 2. pre­carie. and for that by common intent of law. Eztr. de pre­scrip. c. cum ex. Nemo tenetur beneficium facere de preprio, vel propriis stiperdiis militare. No man is bound to doe a benefite vpon his owne charge, or to goe a warfare vppon his owne costes; Therefore in these respectes, and vpon these causes procurations were annexed to visitations, as certayne proper and peculier stipendes due vnto vi­sitors, touching their necessary charges and expenses, to be spent in and about the same. Glos. lib. 6. de censib. c. faelicis ver. manebit. And to the intent no poore Church, by ouer great costes to be expen­ded for the procuration of a visitor, shoulde be dam­nified, therefore a sober and moderate procurati­on was at the first generally commaunded, and is now speciallye rated to a certayne small value. And a­gaine, leaste the Bishop might inconsideratelye, and for lucre sake, visite a whole Citie or Diocesse in one daye, and so not onely without reason receiue so [Page 252] many procurations, as there were Churches, but also inuert the naturall order of the policie of the Church, making the accessary, (namely the procuration) grea­ter then the principall, (namely the visitation) a due and equall order was taken, that the visitor should sa­tisfie him selfe with one procuration for one day: and that the number of procurations should not exceede the number of dayes spent in visitation. In which vi­sitation the Ordinarie is precisely willed to goe pre­sent in proper person vnto the Church to be visited; and may not by common right commit his office vnto any other, vnlesse he be diseased, or hauing many places about one time to visite, coulde not, either in time of winter, by reason of snowes or inundations of waters, or in time of warre, by reason of perrill and danger of the enemy, commodiously resort vnto euery Church. Which naturall intent, and true meaning of the law, is euidently by these words so often repeated. viz. Personally exercise: personally visited: personally searching by him selfe with effect: personall visitation: If he can not com­modiously, or without difficultie come vnto euery one; Vppon which worde Accedere, sayth the glosse, Patet ergo quod ire tenetur, nec sufficit ad suam ecclesiam vocare. It appeareth therefore, that he is bound to goe, neither is it sufficient for him to call to his owne church. Neither doth the alteration of procurations from mony vnto victuals, or from victu­als vnto money, alter the nature of the first institution of procurations. For as at the first it was ordayned, that the visitor and his retinue, for the day where in he visited, should haue a moderate diet in victuals, pro­uided at the charge of the church to be visited: So was it neuer intended by any alteration, that he should re­ceiue twenty or forty dayes diet in money, for visiting twenty or forty churches, at one place in one day. Lib. 6. de cens. c 1 § procuratio­nes. & lib. 6. cod. c. exigit. But as a visitor, by the first institution of procurations, was to haue had his dyet in victuals, onely for one day: so [Page 253] was he by later decrees to receiue so much monye, as was sufficient for one dayes diet onely. Lib. 6. de cens c faeli­cis. Which is appa­rant by the decree of Iohn Stratford, Archbysh. of Can­terbury, particularly and of purpose ordeined againste the Byshop and Archdeacon of his prouince. For (saith he) though the Byshop visite many Churches in one day, yet he shall haue but one procuration; whether the same be in mo­ny or victuall, whereunto all the Churches so visited, shall pro­portionally contribute. Extrauag. commu. de censib. c. 1. Which procuration for a Byshops substitute is limitted by a decree of Bennet the 12. not to exceede the value of fourescore Turons of siluer, e­uery 12. Turons making one floren of pure Golde, of an acune florentine, according to our english estimate, not amounting in coin aboue the summe of fiue shil­lings at the vtmost. So that the whole procuration for one day, to bee receiued by a Byshops substitute, of all Churches called together, ought to be at the vtmoste, but thirty fiue shillings: the whole procuration of an Archdeacons substitute, for one dayes diet, ought not to exceede the some of 12. Shillings 6. pence, though eyther of them should call 50. or an 100 Churches to­gether into one place in one day. In like manner, if the Byshoppe personally, visite by himselfe, then is he to haue for his owne and his retinues diet, about fiue marks onely: and in case the Archdeacon visite person­nally, then is he to receiue about twenty shillings one­ly. Which procuration limitted vnto the Archdeacon by the decree of Bennet, seemeth to be mitigated by a prouincial constitution in Lindewood, whereby an Arch­deacon is allowed towards one dayes diet for himselfe and his seruitors, but 40. pence. Which summe (saith the glosse) Sufficere videtur pro quatuor personis, & totidem equis cum vno summario, seemeth to suffice, for foure per­sons, and so many horses with one sumner. Which di­et is to be vnderstood for one day naturall, contayning 24. houres. Wherefore I conclude, that neither a Bysh. [Page 254] nor a Byshops Commissary: that neyther an Archdea­con, nor Archdeacons officiall may at any time visite for lucre or gaine: that hee may onely visite then and there, when and where he knoweth iust cause of refor­mation; that he may not take an excessiue but a mo­derate procuration: that neyther he, nor any of his re­tinue may take a reward: that he may not reap earthly things, vnlesse he sow spiritual things: that he may not (except vpō vrgent necessity) visit more churches then one, in one day: that he may take but one prouisiō for one day: that he may not take any procuration at al, vnlesse he diligently performe the office of a visitor: And lastly, that Archb. B. & Archd, ought personally to visit, vnlesse by Priuiledge they be specially exempted. By which exemption, they haue onelye this libertye, that the Archb. By, & Archd. substitute, may take so much allowances of the churches visited, as they may reason­nably spēd in one day, & that their substitutes may not purse vp, or cary any treasure away, as by the decree of Bennet before alleadged is euident. For the same decree alloweth no more to the Archb. B. & Archd. nor their substitutes, then so much as they may wel spend in one day for there diet, and other necessary chardges. Con­cerning which priuiledge, graunted by the Canon of Bennet the 12. exempting Archbysh. and Bysh. from necessity of personall visitation, and licensing them to visite by others, in as much as the sayde Canon, being contrariant or repugnant to the Lawes, Statutes, and Customes of the Realme, or derogatory to her high­nesse prerogatiue royall, is not therefore authorized, but rather abrogated by act of Parliament: I answere, that the sayde priuiledge, is nowe a voyde priuiledge, hauing no lawe, cannon, constitution or sinodall pro­uinciall to iustify the same. For, whether a bull, briefe or any faculty graunted vnto any subiect of this realm from the sea of Rome, in the time of Queene Mary or else, when for the enioying many benefices, or being [Page 255] nonsident, and such like, be pleydable in any her high­nesse courtes, or allowable within any her dominions, the case argued not long since, at the barr of common pleas betweene M. Sergeant Fleetewood, and M. Serge­ant Wameslowe, and passed by the iudgement of the whole Court against Wameslow, arguing for the validi­ty of a Bull from Rome, doth prooue the contrary. Wherefore vnlesse our Prelates will rashly incurre, the penaltie of her highnesse Laws inacted against abetters of forraigne iurisdiction, they are well and warely to be aduised, not to sticke vnto any priuiledge heretofore graunted by any Cannon, from any Pope for the exa­ction of procurations, due vnto their substitutes, the same Cannon as preiudiciall to the Queenes preroga­tiue royall, being abrogated: yea, they are soberly and in good discretion, to vse the benefite of common right alone, and onlie to practise such canons, as are in force, by the former act of Parliamēt: namely, personal­ly to visit in māner & form before described. For if they shall hereafter vpon the knowledge of these things, vn­aduisedlie attempt any thing vnto the contrarie, her maiestie may be rightly mooued to exasperate the mat­ter, and to haue her sworde whetted against such con­tempts. For though by such kind of visitation, as is prescribed by commō right, some pore Archd. perhaps hauing their subsidies, & tenthes, valued according to the rate of their procurations, might not be able, to satisfie her maiesties said tenths & subsidies: yet, not onlie the reuenues of fat Archb. B. & Archdeconries could be no impediment hereunto (For that they haue either lands personages, & prebendes, to supply all such wants) but also, her maiesty by seasing some yearly portion of the said procurations into her own handes, might, for the maintainaunce of her royall state, both haue the reue­nues of her treasury greatly increased & also the whole ministery, from vnlawful exactions, lawfully released. [Page 256] Euery minister woulde more freely no doubt, in confi­deration of the singuler peace hee enioyeth vnder her Maiesty, yeelde vnto her maiesty, a voluntary contribu­tion of the one halfe of such procurations as nowe are yearely payable vnto a Byshop or Archdeacon, rather then to pay the whole procurations vnto the sayde B. or Archdeacon, vnder whome, and by whom, and with whome, he is at continuall Warre. And so where her maiesty receiueth nowe yearely, for an Archdeaconrye, valued at 40. pounds, but 4. pound by yere for tenths, her maiesty may wel receiue 20. poūd euē four times so much as at this present, is due: yea, & where her maiesty receiueth the first fruites of an Archdeacōry, but once in the time of a mans life, the ministery no doubt to be disburdened of Bysh. and Archdeacons vntollera­ble visitations, will in steed therof cheerfully at the end of euery ten yeares, yeeld vnto her Maiesty in steede of the sayd first fruites, the whole procurations now due vnto the sayde Bysh. and Archdeacons, the one may hereafter lawfully be yeelded: the other hath beene heretofore vnlawfullye exacted, as appeareth by the Conons following.

Extra. de. censib. c cū venerabili. Li [...]. 6. de censib. c. 1. §. procuratio­nes. Lib 6. de censib. c. exi­git. We decree that the Byshop, when hee shal come to any church for cause of reformation, take of the same Church a moderate procuration. And let him receiue such a prouision, as is appoin­ted in the Canons. But neither he him selfe, nor any of his fami­ly, by meanes of any office or custome, or by any other meanes whatsoeuer, may receiue any mony, in the name of any procura­tion and prouision: onely let them receiue moderate expenses in victualles. &c. that he may not seem to seeke his owne, but those thinges which are Iesus Christes. And if any thing repugnant vnto this decree shall be attempted; let him that receiueth it, be holden accursed: from the which, let him not at any time be ab­solued, vnlesse he restore the double.

Lib. 6. censi. c. faelicis. But because experience teacheth vs, that by this means ma­ny inconuenience happen, as well vnto the persons visiting, as [Page 257] vnto the places and Churches visited, we graunt that patriarks Archb. B. & other vnto whom the office to visit belongeth, may of such gouernoures or persons of places visited, as are willing to disburce mony, lawfully receiue the same for their moderate charges of victuall to be spent in those dayes, wherein they shall per­sonally visite. Adding moreouer that the visitor whether hee shal visit one place alone, or many places, shal not lawfully receiue any more then one procuration for one day, although euery place visited by him were able to pay one whol procuration; in as much as it ought to suffice him, to receiue temporall things of the places personally visited, for those days wherin he ministreth vnto them spiriiual things. For many procurations may not (sayth Pope Cle­ment) Clement de censib c. ad nostrum. be receiued for one day, the office of visiting not perfour­med. Lib 6. de of­fic ord. c. si. episcopus. Neither may or ought a Byshop that doth not personally vi­sit, exact by his substitute or deputy any thing at all of those whom he by his substitute or deputy shall so visite.

Lib. 6. de­cens. c. 1. §. 1. & §. deinde. If commodiously or without difficulty, hee cannot come vnto e­uery church, let him call the cleargy & layty from many places, vnto one cōuenient place: & then let him freely visiting the cler­gy and people, onely receiue procuration of the places visited.

Lind. de. cē ­sib. c. 1. in fin. Moreouer, we straightly inhibite the Archd. that they receiue by no means, procurations without a reasonable cause, & only for that day, wherein they personally visit a Church, able to prouide for them: neither let them presume to extort any thing for the redemption of their visitation: for every ordinarye (saith the glosse vppon the word (Personaliter) that by office may visite, is bound personally to visit. And we also ordain (saith Otho) Otho. de procu & vi­sit. Archid. c. vnic. con­cerning Archd. that they profitably, personally and faithfully, vi­site there churches, and let them not charge the churches with superfluous expenses, but only receiue moderate expenses, whilste they visite.

Octobone de procu. quae &. rati &c. vnit. The very orderly disposition of nature giueth seede vnto the sower, and multiplieth vnto the labourer the fruite of his labour. And again, no man doubteth, but that it is both absurd ad vn­lawfull for any man to reap where hee soweth not, or to gather where he straweth not: From out of the equity of these principles, [Page] holy Canons haue prouided, that, that Church that admitteth a visitation concerning the wholesome disposition of the temporall and spirituall goods thereof, ought also to exhibite a procuration ordayned for the visitor. But whereas by meanes of a visitation any procuration is due, if the same meanes ceasing, any thing be exacted or receiued, the same vndergoeth the name of a thing euilly receaued, and not due. Since therefore we vnderstood that many Prelates do exact procurations of their subiectes, though they do not visite: we more aduisedly, prouiding, as well for the in demnity of Churches, as the welfare of Prelates, streightly pro­hibite, that none among them, receiue any procuration due by meanes of visitation from any Church, vnlesse they personally visite the same Church. And if any shall receiue any thing o­therwise, let him know that he is suspended from comming vnto the Church, vntill he haue restored the same, least in their visi­tations they should seeme rather to gape after gaine, then either to preserue the state of the Churches, or to seeke the saluation of the soules of the people. Moreouer we decree sentences of ex­communication, suspencion, & interdiction, pronounced by occa­sion hereof, by meere law it selfe, to be no sentences at all. Lind. de censib. c. quam­uis. Last­ly, Iohn Stratford, Archbishop of Caunterbury, by authoritie of this present counsell inhihited, that no man presume to receiue of any Church, any procuration to be payd by meanes of visita­tion, vnlesse he diligently perfourme the office of visiting, with effect searching and trying personally by him selfe those thinges that are to be found out and tryed. And if any would visite many Churches in one day, let him be contente with one dayes pro­curation in victuals or money: vnto which procuration, let him cause all and singular Churches so visited in one day, proportionably contribute as the Canons ordayne.

❧ FEES FOR Letters of orders vnlavvfull.

Extra. de si­mo. c. in tan­tum. CVM VERO EXPRESI­VS, &c. But sithence he doth most euidently expresse a kinde of sale, who firste receaueth a price, and then bestoweth a precious thing; And sithēce also grace ought free­lie to be graunted, we commaunde that you correct such excesses, re­strayning your suffraganes and their Officials from so vnlawfull an exaction, that the fault of others proceeding from your negligence, be not imputed vnto you for a punishment. Moreouer, studie and take heede, thou abolishe out of thy prouince that euill custome, whereby Arch­deacons require a marke of siluer: and other inferiour officers, ei­ther a white Cow, or some certaine peece of money to be payde vnto them.

Extra. de simo. c. cum in ecclesiae. HORRIBILE NIMIS. &c. It is too too horri­ble, that venality is said to haue place in certain churches, so that for placing of Byshoppes or Abbots, or any other Ecclesiasticall persons in their seates; or for inducting ministers into the church, and also for burialls and funeralles of the deade &c. somewhat bee required. But many suppose this to bee lawfull because they thinke custome to haue a long time preuailed, not conside­ring that by so much more heinous are the offences, by how much longer, they haue their vnhappye soules, infected. There­fore wee straightlye forbid, that these thinges bee not doone hereafter: or that any thing be exacted for placing men in their seates, or instituting priestes &c. And if any man shall pre­sume, to doe contrary hereunto, let him know him selfe to haue a portion with Gehesi. Extra. de si­mo. c. j. Sicut non debet Episcopus, &c. As the Byshop in the ordination of a Clearke, oughe not to sell his hand which he imposeth: so ought not the notary or other Minister sell his voyce or quill in the same. Wee forbid therefore him that is ordeined, to giue anye thing at all, either for his ordina­tion, or for the vse of his pall, or for paper, and pastell.

1. q. 3. si. quis prebendas. And neyther for past, neyther vnder pretence of any custom, either before or after, let there be any thing exacted, or let him presume to giue, because it is Simoniacall: But let him freely without any diminishing, enioy the dignity and benefice confer­red vpon him.

Prouinc. wil. lind. de institu. c. 1. We ordaine, that no Prelate when he shall conferre any church, or prebend, presume or dare any maner of wayes, either to vsurpe vnto him selfe, the fruites of the same Church or Prebend, not yet gathered, or to exact, or to suffer to bee exacted, by his offi­cialls or Archdeacons any thing for the institution, or posses­sion giuing, or for any writing to be made touching the same.

Prouinc. lin. de instit. c. fi. By the approbation of the holy Counsell we ordaine, that they which are bound at the commandement of their superiours, to iuduct those that are admitted vnto ecclesiasticall benefices, be contented with moderate chardges for such induction to bee made: Namely, if the Archdeacon him selfe, or his offici­all doe induct, let the Archdeccon bee thoroughly contented [Page 261] with three shillinges foure pence, and his Officiall with two shil­linges for all charges, both of him selfe and his retinue concer­ning their diet. And let him that is inducted as afore sayde, chuse whether he wil prouide for the retinue of him and his, that giueth the possession in such quantitie of money, or in other ne­cessaries: And if any thing ouer and aboue this, by occasion of the premises be receaued by such as induct: or if they receaue a­ny more for the induction to be made by them; or if it shal hap­pen that they make not letters certificatorie of their induction, and deliuer them vnto the inducted, or with fayned pretence vn­lawfully differ them; we will such as are culpaple herein, so long to incurre suspencion from their office, and enteraunce from the Church, vntill the thinges contrarily receaued, be restored; and and that they satisfie in the premises, him who by their default is hindered. But what if he be inducted (sayth the Glosse) Glos. ibidem verb. & facil. ad hoc c. statutum. § insuper Ex­tra. de res­cript. by an other then by the Archdeacon him selfe or his Officiall, and yet at the commaundement of the sayde Archdeacon: Whether may the Archdeacon receiue any thing for such an induction? Aunswere no. But he that ineucteth him after this sort, shall haue of him that is inducted, necessary expences, and such as are agreeable to his estate and calling, vnder the moderation limi­ted vnto the Archdeacon him selfe or his officiall, if either of them had personally made any such induction.

Prouin. lind. de censib. c. item licet. ILLVM ARCHIDIACONORVM, &c. We detesting that abuse of the Archdeacons and their Offici­als and other Ordinaries, whereby they exact of the Priestes ap­pointed to celebrate in their iurisdictions, before they doe cele­brate, a certayne and excessiue sume of money, vnlawfully con­uerting the liberalitie wherewith such Priestes were wont to content them selues, receauing but one peny of Clearkes, regi­string their names in their recordes vnto a confiscal exaction of sixe pence, or there aboutes; We ordayne, that from hencefoorth of the sayde Archdeacons and other Ordinaries, or any of their ministers, vnder payne of suspencion from the celebration of diuine things, by any meanes presume not to receiue of the sayde Priestes, aboue one peny. For the which there names must [Page] be registred in their first admissions.

Lind. de censib. c. saeua. A cruell and miserable greedinesse hath inuented that vn­measurable exactions, for letters of institutions of Clearkes ad­mtited vnto ecclesiasticall benefices; & for letters of orders, for labour of writinges and for seales, are oftentimes made, the Ca­non disalowing the same; saying, as it becommeth not a bishop to sell the imposition of handes, so it is not decent for his minister to sell his quill. Moreouer, the Clearkes of Archdeacons and their Officials, and other ordinances, refuse to deliuer the certifi­cates of inquisitions made vppon vacant benefices, vnlesse they first haue an excessiue some of money for writing. We therefore willing to abolish this abase, haue determined by the aduise of this present counsel to ordayne, that for the writing of the letters of inquisitions, institutions, or collations and commissions to in­duct; or for the certificates of the same into their benefices, the sayd Clearkes receiue not either by them selues or by others a­boue 12. pence. And for the letters of euery holy order, the sayde Clearkes, neither by them selues nor by any other shall receiue aboue sixe pence. In other things let the Ordinaries themselues, be bound to allot stipendes for their ministers and officers, wher­by they may iustly be satisfied: But for sealing of such let­ters, or to the Marshals for entring into the house, or to the Por­tors, or doore keepers, or Barbers, we will that nothing at all be exacted or payde by any coulorable intent, least the payment for seales os letters or enteraunces aforesayd be turned vnto a dam­nable gaine. Bishops and bishops men not a few are suspen­ded by this Canon. And this we ordayne vpon paine of double to be re­stored within one moueth. Otherwise the Clearkes that refuse to restore double, let them know them selues to stande suspended from their office and from their benefice.

And now generally to conclude: It were not amisse in my simple vnderstanding, that the whole Church made humble supplication, vnto her excellent Maie­sty, and her honourable Counsaylers, that the Iudges of the Land, might bee consulted, vppon the validity of the former act of Parliament, and that it might bee knowne, whether the foresayde Cannons established [Page] thereby, or any of them, be in force: and if so, that then her Maiesty woulde vouchsafe, gratiously to take the Church affayres into hir owne handes, and by hir com­misson Ecclesiasticall, appoynt such honourable and faythfull men as are not in the ministerie, to examine the bishops proceedinges.

Viz. Whether they haue made any criminous and vn­learned ministers?

Whether they haue suffred any such men to remaine in the ministery all the tyme of her maiesties raigne?

Whether the Archbish. haue dispenced in any mat­ter or cause, contrary to the word of God?

Whether the pastor of euery congregation be suffe­red to execute the discipline of Christ, authorized by Act of Parliament?

Whether the Archbish. & bish. haue sat in matters of blood?

Whether they haue made a minister without a title, allowing him whereon he might liue?

Whether he haue made anye in his owne Diocesse, without licence from his felow bishops?

Whether he haue receiued any money for letters of orders, institutions, or suffered his Archdeacons to do the like for inductions?

Whether he haue receiued money for excommuni­cation and absolution?

Whether he haue set out his bishopprick or any part of his iurisdiction for an annuall rent?

Whether he haue not suffered his chiefe houses of resiaunce to fall into dilapidations?

Whether he haue not admitted vnto anye benefice the sonne of him, whose father was placed in the same benefice before?

Whether hee suffer none to bee non resident, but where the euident necessitie and vtilitie of the Church requyreth?

Whether he haue promulged and executed any Ca­non or iniunction without hir maiesties writ and roy­all assent?

Whether he haue personally visited the Churches of his Diocesse, onely vpon iust cause and not for gaine?

whether a minister haue not by commō right & Act of Parliament, a lawfull calling in the ministery, and such a calling, as from the which the bishop maye not remooue him without some speciall cause?

Whether an Archbishop, or bishop, by vertue of his Archiepiscopall or Episcopall authoritie, may pro­mulge or execute, any Canon or Iniunction, vnlesse it be made in conuocation, summoned by hir maiesties wryt, and authorized by hir royall assent?

Whether a murtherer, or theife, be vsually compella­ble vpon his oth, to detect his murther or fellony?

Whether an Archbishop or bish. may lawfully bring vppon hir highnesse leage people an inquisition, sif­ting them with othes, what fayth, deuotion, or maners they professe? Especially the sayde people liuing in out­ward obedience of hir highnesse positiue lawes? And if not: then whether an Archbishop or bishop, may law­fully vrge the like, touching matters onely of discipline and ceremonies, and commaunde hir sayde people by vertue of their othes to declare, what, when, where, or how, they haue spoken or preached out of the word of God the truth of God touching the same?

Whether a preacher, onely vpon occasion of his text, teaching the people, that weomen by the lawe of God may not baptize: or that by the same lawe a Deacons office is not to preach: may bee iustly condemned, to haue preached maliciously against the booke of com­mon prayer, the sayd preacher not once mencioning in all his sermon one word of the sayd booke?

Whether a preacher of the Gospell, borne within hir maiesties Dominions, haue not freedome of an English [Page 265] Citizen to challenge the benefit of hir highnesse lawes for the defence of his person, fame, goodes, landes and liuinges?

Whether a preacher of the Gospel, fearing some vn­iust vexation of his Diocesan, may not complaine into hir highnes court of Chauncery, and haue hir maiesties writ Quia timet, against the sayde Diocesan?

Whether a preacher of the Gospell, may not lawfully haue his bill of complaint, admitted by the honorable Counsellours, Peares, and Lordes of the Starre cham­ber, against his Diocesans iniurious intreaties, and contemptes of hir highnesse lawes?

Whether some kinde of writ, out of hir highnesse o­ther temporall Courtes, may not lye as well against a Diocesan for proceeding against a preacher of the gos­pell, contrary to common or statute lawe, or contrary to hir highnesse prerogatiue royall: as some kinde of writ doth lye against an Archbishop, for proceeding a­gainst some other of hir highnesse liege people, contra­ry to the intent of the statutes prouided against vsury, periurie, payment of tithes, and such like?

Whether an Archbishop may sing a note aboue Aela: and lawfully exercise an absolute power within hir ma­iesties Dominions?

Whether a minister admitted by the order of the booke of king Edwarde the sixth, be not presently a lawfull minister, and may preach in his owne cure with out any licence in writing from the Bishop?

Whether licences graunted by hir maiestie, or hir maiesties ecclesiasticall Commissioners: or any of the Vniuersities, be at any time reuocable by an Archbi­shop alone?

Whether any licence for mariage, without banes as­king, be lawfull or no, and whether banes asking be of necessitie required by the booke of Common prayer?

Whether any commutation of penance be lawfull?

Whether a meere lay man, no doctor of the ciuil law, may be a chauncelor, and so excommunicate?

Whether a meere laye man, no Doctor of the Ciuill law, may be a bishops register, contrary to an Act of Parliament?

Whether it be lawfull for a symoniacall, excommun [...] cat and irreguler person, to bee a ludge or no? And [...] an Archbishoppe be such a person, whether he may resort to the Pope to be ab­solued or no, or where, or how he may be absolued?