A true, modest, and iust defence of the petition for reformation, exhibited to the Kings most excellent Maiestie Containing an answere to the confutation published under the names of some of the Vniuersitie of Oxford. Together vvith a full declaration out of the Scriptures, and practise of the primitiue Church, of the severall points of the said petition.

A TRVE, MODEST, AND IVST DEFENCE OF THE PETITION FOR REFORMATION, EXHIBITED TO THE KINGS MOST EXCELLENT MAIESTIE. CONTAINING AN ANſwere to the Confutation publiſhed under the names of ſome of the Vniverſitie of OXFORD. Together vvith a full declaration out of the Scriptures, and practiſe of the Primitiue Church, of the ſeverall points of the ſaid Petition.

2. COR. 13. 8.

Wee can doe nothing againſt the truth, but for the truth.

Hierom. dial. adverſ. Pelag.

Veritas laborare poteſt, vinci non potest.

The truth may bee contradicted, but it cannot bee conquered.

Imprinted 1618.

TO THE CHRISTIAN READER.

IF ever Impar congreſſus (gentle Reader) were between Combatters, iuſt cauſe of exceptiue complaint; then certainly it is between the Saints and Antichriſt, (in reſpect of outward worldly helpes) and that as well in the leſſer skirmishes, as in the greater battels. For in both, the Saints do enter the liſts, and hold out the conflict upon very many no ſmall diſadvantages: as may moſt eaſily appeare to any that with indifferent iudgement, shall (to omit all others) weigh but even theſe particulars enſuing.

1 Our adverſaries that ſtriue for the defence of the Romish trash, which the Divell and that Man of Sinne hath left yet among us, haue the countenance of worldly authority; whereas it fareth with us, as with the maine of the Goſpell in the dayes of our Lord himſelfe, Ioh. 7. 48. Haue any of the Rulers beleeved on him?

2 Their cauſe being received by tradition from our Forefathers that lived in blindneſſe, hath the applauſe generally of all naturall men; Ours, becauſe it is ſo hardly diſcerned, is ſcarcely received by the children of Wiſedom, and is every where ſpoken againſt, Act. 28. 22.

3 They abound in outward wealth: We poore.

4 They haue great ſtore of witty and learned men to defend their cauſe, we are in number few, and of thoſe few very many timorous and fearefull of enſuing dangers.

5 The Authours of their pleadings richly rewarded with ſome Bishopricke, Deanerie, or other fat Benefice: Wee deprived and cast out of our livings, and liuelihoods, if wee bee diſcovered; yea clapped up into priſon, if the Prelates lay hold on us.

6 They men of glorious ſtate and pompe in the world: wee are eſteemed as were the Apoſtles, 1. Corinth. 4. 13. Even the off-ſcouring of all things.

7 They haue leaſure enough to invent and publish what they think meet to ſay for their defence; Wee muſt firſt labour for food and rayment for our ſelues and ours, and then take ſome ſtollen houres now and then to do what we do this way.

8 To them the Preſſes are alwayes open and free: But to us they are more then shut. For it is not ſafe for us once ſo much as to ſuffer the Printers to know that wee haue any ſuch Coppy to bee printed.

9 The Stationers at home are ready to giue them large moneyes for their copies, and ſo undertake the printing and publsihing thereof: We must, at our great charge and hazard, hire the printing of ours in ſome other Land.

10 Open ſale in every Booke-ſellers shop is free for them: Ours, if they be taken by the Bishops, are burnt, or otherwiſe utterly ſuppreſſed.

11. They haue ſundry lothſome priſons at their command, whereinto they shut us up, even untill we dye ſometimes, when by arguments they are not able to confute us: We haue onely bodies ſo to be afflicted by them, and ſure arguments unanſwered.

12 They are in their owne cauſes both parties and Iudges: and we, without helpe by any appeale to any other then the Lord Ieſus, must at their pleaſures abide their cenſures.

13 Their threed-bare Allegations of mans writings is accounted deep and ancient learning, but our avouching the moſt cleare evidence of the written word of the Ancient of dayes, is reckoned ignorant noveltie.

14 We challenge them to try it out in the open field by dint of the ſword of the Spirit; witneſſe the Modeſt offer of Cōference, the Humble Motion, &c. and yet are blamed; they are praiſed, though they utterly refuſe this way of triall, and warre againſt us onely with carnall weapons, as Suſpenſions, Deprivations, Impriſonments, &c.

15 Threatned dangers make men afraid to read our bookes, though never ſo ſecretly conveyed unto them: Theirs all may moſt freely read openly, and that with thanks and commendations.

Now by reaſon of theſe, and ſundry ſuch like diſadvantaging hinderances, this enſuing Treatiſe hath lien hid (as many other the like ſtill doe, never like to ſee the light for want of meanes of publishing them) about 14. yeares. For in the yeare of our Lord 1608. certaine Oxford men, having gotten into their hands a Copy of a dutfull and pious ſupplication prepared to be exhibited to his Maieſty for Reformation of certain corruptions crept into our Churches, or rather left in them by Antichriſt at his extruſion, forthwith published the ſame in print, together with an anſwer thereto (ſuch as it is) defending and maintaining all or moſt of the ſayd corruptions ſo intended to bee petitioned against, and that in the name of the Vice-chancellor, the Doctors, both the Proctors, and other the Heads of houſes in the Vniverſitie of Oxford, avouching it to bee agreeable undoubtedly to the ioynt and uniforme opinion of all the Deanes and Chapiters, and all other the learned and obedient Cleargie in the Church of England, and to bee confirmed by the expreſſe conſent of the Vniverſitie of Cambridge, although many of them both Doctors, and Heads of Houſes in either Vniverſity, and members of Chapiters otherwhere in the Land, and alſo many more of the obedient Clergie were openly knowne to be of contrary iudgement unto them in the particulars mentioned in the Petition, and by theſe men defended, and moſt of the reſidue never ſaw, nor once heard of the anſwer, untill it was published in print. Such was their boldneſſe. Not long after, ſome of the chiefeſt Miniſters, that were intereſſed in the ſame Petition, penned this diſcourſe following in defence of the ſaid Petition, and reply to the aboue mentioned Anſwer, which hath been obſcured from that time till now, partly for the reaſons aboue rehearſed, and partly becauſe ſuch is the woefull coldneſſe of theſe back-ſliding dayes, that even thoſe which ſeemed heretofore moſt forward for Church-reformation, are ſo declined, that they like not ſo much as to heare of that, that may in any ſort once ſeeme to threaten the leaſt hinderance of their worldly profit, or diſquiet to their carnall peace, be it never ſo healthfull to their ſoules. Inſomuch that they are ſo farre from being aiding and aſsiſting to Chriſt, in this his cauſe, either by labour or coſt, that when bookes are printed in defence thereof for their information and inſtruction, they either neglect to buy the ſame, or having bought them, caſt them aſide into ſome hole or corner, never vouchſafing to peruſe them: yet Wiſedom is iuſtified of her children, and ſome enter the gate of life be it never ſo ſtraight; and walk in the Lords way, be it never ſo narrow. If any obiect, that theſe are no matters of ſalvation, but of leſſe moment, and therfore not to be ſo much ſtood upon; Let him heare for anſwer, That no man can haue ſound aſſurance of being exempt from confuſion, that hath not reſpect to all Gods commandements to the beſt he is able, as well leſser as greater. Pſal. 119. 6. neither may any hope for plenary redemption by Chriſts Prieſthood, that is not willing to yeeld plenary obedience to his Propheſie, and kingdome: ſeeing he onely is with God accounted truely gracious, that giveth himſelfe both to learne all that God teacheth concerning him in his place, and to practiſe whatſoever God ſo cauſeth him to know. Affected ignorance refuſing neceſſary knowledge, and wilfull rebellion against the light receiued, being alike deteſtable before the Lord.

Now that the knowledge of theſe poynts is very needfull for all ſorts of Chriſtians, whether of higher or lower degree, and of what Calling ſoever, may moſt evidently appeare by theſe reaſons, to omit ſundry other.

Firſt becauſe many of them are matters of daily practiſe, even of all ſorts and rankes of perſons amongst us, and will any ſay that it is, or can be ſafe for a man in the ſpeciall ſervice and worship of God, to doe either hee careth not, or knoweth not what?

Secondly, for that they mainly tend to the honour or dishonour of that Lord whom we all profeſſe to ſerue, and shall his glory be ſo lightly regarded by vs?

Thirdly, they make directly either to the beautifying or deforming of the viſible Church, which is the body of our Lord Ieſus Chriſt, whereof wee are members, every one for his part. And can any godly minde be careleſſe hereof?

Fourthly, they doe plainly ſerue either to the edification or deſtruction of themſelues, and many other of their deere brethren, for whom Chriſt died, chiefly by their myſticall ſignification: who then can iudge them to bee of ſmall moment?

Fifthly, many of the liuely members of Christ ſuffer for them unto impriſonment, beſides many other miſeries, yea even unto a languishing death: And will any good Chriſtian fall under the fearfull doom, Mat. 25. 41. 43. for not viſiting & helping Chriſt perſecuted in his members? Or shall we endanger our ſelues to that dreadfull curſe, Iudg. 5. 28. for neglecting to helpe the Lord againſt the mighty? God forbid. Or shall any perſwade us in thoſe things to go on careleſſe or blind-fold without diſcerning whether we pleaſe or diſpleaſe God in our doings? Far be it from us; for that which is not of knowledge, can not be of faith. Rom. 10. 17. and whatſoever is not of faith cannot be pleaſing to God. Heb. 11. 6. but is ſin, Rom. 14. 23. and the wages of ſin is death. Rom. 6. 23. I trow no gracious heart will eſteem any ſin light, or the wages thereof triviall. Wherefore in the feare of God let all men beware how they do ſo ſlightly eſteem theſe matters ſo frequent in practiſe, neere to Gods ſpeciall preſence, for which his Glory, Churches and Children ſuffer ſo many, and ſo great evils. Indeed they are not to bee ranked with things of the greateſt moment; but yet ſeing it is apparant, that no man among us (eſpecially as things now ſtand) can without manifold ſins neglect them: therfore foraſmuch as beſides ſundry other treatiſes handling the ſame matters, this offreth it ſelfe to thy view, be not unwilling duely to conſider what is ſayd on both ſides, and the Lord giue thee underſtanding to diſcerne truth from falſhood, and good from evill, that thou mayeſt reject and eſchew the one, and embrace and follow the other. On the one ſide thou mayeſt preſume as much is ſayd as probably can be, ſeeing it is the fruit of ſo many learned Doctors labours, as the title boaſteth of: yet if the other haue not more ſincerity, and ſoundneſſe of truth and reaſon, I deſire not it should finde any favour in thy ſight: but if yea, then do as God shall moue thine heart, and even ſo I commend it to thy diligent reading, and adviſed and godly iudgement, and thee to the guidance of the moſt high.

Moreover, whereas of late there is published a certaine Scholasticall (I had almost ſayd Sophiſtical) Tract, moſtly of the ſame ſubiect, by one M. Sprint, a Gloceſtershire Miniſter, entituled, Caſſander Anglicanus, tending in a ſort to the patronizing of theſe Popish ceremonies here treated of, which may occaſion the ſtumbling of ſome weak ones: although I heare that by Gods mercy, it is fully reſolued upon ſome time ſince, that the ſayd Tract shall be at large anſwered and confuted. Yet for the ſtay of the feebler ſort in the meane time, that are leſſe able to diſcerne how hee himſelfe is therein deceived, and deceiveth others, I offer to conſideration: Firſt, a few things obſervable in the Tract it ſelfe; and ſecondly, certaine Tables written heretofore by the ſame Author, touching the ſame ſubiect, and by him entituled, The Anatomy of the Ceremonies, &c. and Bellum Ceremoniale. The Tables I haue annexed hereto, deſiring thee, that if thou haue his foreſayd. Tract by thee, thou wilt be pleaſed to compare them together; and then with indifferent iudgement giue ſentence, whether is more agreeable to the truth, this or the other. Deny them to be his owne in any part, as I am aſſured he cannot; ſo, I hope he will not once be willing to do, chiefly ſeeing there are ſo many living witneſſes thereof: And that they are more ſutable to the ſincerity of the Goſpell, and the integrity of a good Chriſtians conſcience, I nothing doubt, but that all men equally affected, upon due ſurvey of both, will most eaſily and freely grant. Of what validity or worth then this his later worke is, I leaue to the understanding Reader to iudge, doubtleſſe that his Anatomie and Bellum Ceremoniale, can never bee reconciled to this his Caſſander Anglicanus, but doth most clearely contradict and confute the ſame, evincing it to be utterly erroneous, and unſound. And concerning the Tract it ſelfe, I obſerue divers things worthy to bee remarked: Firſt, it hath met with ſome Ieſuit-like Index expurgatorius: For, falling into the hands of the Prelates (or at leaſt of ſome of their Chaplaines) not to ſpeake of other Purgations, it is in one place purged of this whole Paragraphe following, ſcil: It ſcandalizeth and offendeth the Bishops, making them guilty of many ſins, in depriving ſo many and ſo worthy Miniſters for trifling ceremonies: which hindering and forbidding to preach, is by the H. Ghoſt reproved and plagued. Amos. 2. 12. & 8. 12. Act. 17. & 4. 18. & 5. 28. 1. Theſs. 2. 16. As for example.

Firſt, to put by Gods ſubſtantiall & neceſſary worships by him commanded for trifling and indifferent ceremonies of humane invention.

Secondly, to rob the people of the appoynted food of their ſoules, and ordinary meanes of their faith, Rom. 10. 17. Regeneration. 1. Cor. 4. 16. and ſalvation, 1. Cor. 1. 21, matters of ſo great importance for trifles of ſo ſmall conſequence; yea for theſe things to take away many a true Sheppard, and to commit or leaue the flock unto many a Wolfe and blind guide, which will either make havock of them, or lead them into the ditch of deſtruction.

Thirdly, to leaue the Papiſts cauſe wholy, 1. by retaining their ceremonies, 2. ſuppreſſing our beſt Miniſters, 3. by withdrawing or miſſpending the gifts of themſelues and others to mutuall brawles, and ſo to giue them reſt to miſchiefe the Church, and increaſe their Synagogue, 4. by opening their mouth to blaſpheme the Goſpell by theſe our mutuall brables.

Fourthly, to driue many hereby on the rock of Schiſme, and lamentable Separation: the plentifull experience whereof hath bred much griefe in the hearts of the well affected.

Fifthly, to undoe ſo many Miniſters and their families, of very good deſert, of the meanes of their maintenance, to their utter undoing, being ſo fitted for the Miniſterie, and unfitted for any thing elſe.

Sixthly, to cauſe the Sabboth, a morall precept of God, to bee prophaned for ceremonies of mens addition and that in ſo many places of the Nation.

Seventhly, to punish the people for the fault of their Paſtor (if any be:) For it is the Miniſter that conformeth not, but by his ſilencing the people are plagued, Pro. 29. 18. Hoſea. 4. 6. This is iniuſtice to punish one man for the offence of another.

Eightly, to do a thing cleane contrary to that themſelues pray for, at leaſt which Chriſt commands to pray for. For Chriſt commands his to pray to the LORD of the harveſt, that he would thruſt forth labourers into his harveſt; which when he hath done, they thruſt them out. Math. 9. 38.

Ninthly, it utterly undoeth the Miniſter (a painfull labourer of Ieſus Chriſt) as alſo his wife and children, and diſableth them to liue, which by Gods apoyntment should be maintained, 1. Cor. 9. 14. yea well maintainded, 1. Tim. 5. 17. This is oppoſite to the law of loue & Iuſtice. Whereby it doth manifeſtly appeare, that the Authour is very groſly abuſed, becauſe his whole minde is not published, but ſo much onely as beſt ſerveth the Prelates turne, a trick not unuſuall with them for their advantage. Witneſſe amongst others the English tranſlation of Bucanus his Common places. Whereout the Authours diſcourſe touching Diſcipline (tranſlated by Doctor Hill, yea imprinted) is taken, and a diſcourſe of Bishops governement put into the roome thereof; both without Doctor Hils knowledge. Nay, hath not this Index expurgatorius tampered with the holy Scriptures themſelues? Obſerue for the preſent but two places, Act. 14. 23. is thus tranſlated, not onely in the Geneva, but alſo in the former Church tranſlation, And when they had ordained them Elders by election. But the new tranſlation with the Rhemiſts, leaveth out theſe words, by election. Why? It is not to be ſuffered, that the people should haue any hand in chuſing their miniſters, but papal Bishops muſt do all, 1. Cor. 12. 28. is tranſlated both by the Geneva, and former Church tranſlation, Helpers, Governors; but the new tranſlators herein worſe then the Rhemiſts, tranſlate it Helpes in governments, foisting into the Text this prepoſition [in.] Why? They cannot abide Elders to aſsiſt the miniſter in governing Chriſt his Church. So that Curchwardens are but the Prelats promoters. But we muſt paſſe by this as their natural weakneſſe, ſeeing it is ſucked in with the milk of their mother, ſcil. the Church of Rome, from whom they haue receiued their callings, & alſo theſe corruptions thus by them pleaded for, together with this unſcholler like, nay dishoneſt means of upholding the ſame.

2 The tearmes of the main concluſion of the whole Tractate are to be conſideſidered. ſcil. It is neceſſary for a Miniſter to conforme to the ceremonies preſcribed in the Church of England, rather then to ſuffer deprivation. Where it is to be noted, 1. that he ſpeaketh not one word in defence of the ſubſcription required, and yet most, if not all theſe that are debarred from the execution of the worke of the Miniſtery in our Churches, whether they haue been heretofore ſilenced, or not, are debarred principally for refuſall of the ſayd ſubſcription. To very little purpoſe therefore are his foure inferences layd down in the third page of his book; nay in truth to very little purpoſe were his whole book, were he able to iuſtifie all he hath written, which all wiſe men may eaſily perceiue that he is never able to performe.

2. That he ſpeaketh ſo ſaintly for thoſe ceremonies, that not daring to ſay, the required conformity is neceſſary, either in it ſelf, or in reſpect of the Magiſtrates command, he ſayth onely this, That it is neceſſaty rather then to ſuffer deprivation. So that as in the Paragraph gelded by the Prelats, it is evident, that extra caſum deprivationis, a Minister is not to bee blamed for not conforming to them in this Authors iudgement; nay that the Prelats are rather utterly to be blamed for requiring Conformity thereto.

3 Every of thoſe three arguments, whereby hee endevoureth to proue this concluſion, falleth as much too short of proving the concluſion, as the concluſion it ſelfe doth of condemning the ſilenced Miniſters of ſin for not conforming rather then to ſuffer deprivation, which are not deprived for not conforming, but for not ſubſcribing, which he himſelfe amongst his religious friends hath often both of old, and alſo of late profeſſed, he neither would nor could yeeld to do for any mans pleaſure under heauen, what loſſe or punishment ſoever he ſuffered therefore.

The firſt Argument drawne from the doctrine and practiſe of the Apoſtles, who taught that the Iewish Ceremonies were beggerly rudiments, Traditions, Will-worships, Doctrines of Men, &c. and yet did practiſe the ſame; beſides many other iuſt exceptions, is guilty of the fallacy, à bene diviſis ad male coniuncta, ſeeing it is altogether as falſe, that the Apoſtle did ſo teach, and yet ſo practiſe in the ſame Churches, as it is true that they did ſo teach, and yet ſo practiſe at all. For among the Iewes, and in their Churches onely did they ſo practiſe, to whom thoſe Moſaicall Ceremonies were even lately before the ſaving ordinances of God given by God himſelf, for their edification & training up in religion to eternall life. And the Author hath utterly failed to proue that the Apoſtles did ſo teach as is aboueſayd, in any of thoſe Churches, but onely in the Gentile Churches, to whom they were never given by God to any ſuch end, nor indeed at all, and there the Apostle Paul would not by any meanes ſuffer the uſe and practiſe of thoſe Ceremonies to bee brought in, no not for the ſpace of an houre, Galath. 2. 5. but rather sharply reproved Peter and Barnabas openly and to the face, for giving way thereunto, Gal. 2. 14. lest by building againe the things hee had deſtroyed, he should make himſelfe a tranſgreſſer, Gal. 2. 18. And hereto agree the reſt, Acts 21. 25. And if hee would not giue way, no not for an houre, that the Moſaicall Ceremonies should be uſed in the Gentile Churches, although they had lately been unto the Iewes (of whom came ſalvation, Ioh. 4. 22.) the heavenly Ordinances of GOD, giuen them for their building up in grace, how much leſſe would hee haue ſuffered our rotten and accurſed ceremonies to haue been brought in, that never had better birth, then from Hell by the Divell, and Antichrist, for the defacing of Gods glory, and deſtruction of his people. Wherefore the doctrine and practiſe of the Apoſtles is moſt fully and flatly against him in this poynt, and his fallacious argument worſe then ſie upon it. Yet further, If thoſe ceremonies did turn the Gentile Churches from the truth, as he ſayth, quoting for proofe, Tit. 1. 14. which once having in them the breath of life, led the Iewes to the truth, even to Chriſt, Gal. 3. 24. Whither do ours, that never had better breath in them, then the poyſon of deſtruction, turne, yea driue and thruſt men.

As for the Apoſtles enioyning the Gentiles to abſtain from bloud & ſtrangled, himſelfe doth giue ſufficient anſwer to it. Where, by diſtinguishing, hee sheweth, that ours are not of the like kinde, ſeeing the practiſe of the one ſtands in matter of abſtinence, and of the other in matter of action, and ſo do differ toto coelo.

Finally, it is needfull for this man, in mine opinion, to repent himſelfe of his accuſing the Apoſtles of the Lord, yea the Holy Ghoſt it ſelfe, to teach one thing and practiſe the contrary. Which can be no leſſe (the holy Ghoſt it ſelfe being iudge) then to build by doctrine, and deſtroy by practiſe the ſame things, and ſo to be guilty of tranſgreſsion, Gal. 2. 18. And his ſecond argument is no better then the first, being plainly guilty of the fallacy which Schollers call ignoratio elenchi: for the argument lieth, as if the duties therein mentioned, were both affirmatiue: which is utterly falſe. For we profeſſe our ſelues reſtrained by the negatiue part of the 2d Commandement. Now let him, if he can, shew where any negatiue part of the firſt Table is to giue place to any affirmatiue of either firſt or ſecond, and then I will confeſſe, that he hath ſpoken more then is to bee found in all his impertinent and confuſed rumble about this poynt, and alſo, that he hath anihilated that old diſtinction of Schoolemen, ſcil. of Commandements binding ſemper, or ad ſemper, neither will it ſuffice to tell us of Sacrifices of the old Teſtament, which fell under the ſecond commandement, not immediatly, but mediatly, ſcil. mediante praecepto ceremoniali, ſo that in this, as in the former, there are very many words, and much labour beſtowed altogether beſide the poynt in queſtion, and the whole argumentation is utterly deceitfull.

Moreover, the one of the duties here by him compared, ſcil. the bearing witneſſe againſt the Ceremonies, is but one conſequent among many, flowing from our obedience to the ſecond commandement in refuſing the ſayd conformitie. Now what good dealing is this, first to change the nature of the precept, whereto we perform obedience in refuſing the ſayd conformity from negatiue to affirmatiue, and then to put one conſequent of many flowing from this obedience, for the whole obedience it ſelfe? If this be not deceitful dealing, what is, or can be.

Lastly, if this Argument of his bee ſo firme and good againſt us, as hee would haue his Reader beleeue, then I deſire him in his next, to teach mee how to free Shadrach, Meshach, and Abednego mentioned Dan. 3. from being worthy of blame. For if their caſe should fall under ſuch Legier-demaine as this of his, a man might call their refuſing to fall downe before the golden image, nothing more but a bearing witneſſe againſt the image, and ſay, that they being great Magiſtrates, did preferre the bearing witneſſe against the image a leſſe dutie, before the duties of the Magiſtracie, and of preſerving their owne liues, which by this mans reckning, should be greater duties, and ſo be guilty of ſin in ſo doing. For that the loſſe of the liues, and deprivation of ſo great places in the Magiſtracie of three ſo gracious and eminent perſons as theſe, is of greater moment and conſequence, then the depriuation of any three of us from our Miniſtery, none can reaſonably deny. The like may be ſayd of very many of the Martyrs of Chriſt, both former and later: but a taſt is as much as I intend, this therefore shall ſuffice.

Neither is his third and laſt argument any thing. leſſe ill, but rather worſe, if worſe may be, then either of the former. For it is liable to both the parts of the Orthodox Proteſtants anſwer to the Papiſts argument of vniverſality, and more then ſo: For first, to patch up his forged vniverſality, hee foysteth in a multitude of corrupt Fathers, & brownpaper fellowes, being Lutherans, or worſe, which approving almoſt all the ſuperſtitious ceremonies of Papiſtry, are in this caſe no competent iudges, nor allowable witneſſes. Secondly, he cannot be ignorant, that all Orthodox Proteſtants do anſwer the Papiſts thus: That an argument from humane authority in ſuch a caſe, is very inſufficient. And laſtly, he well knoweth, that all incompetent iudges or witneſſes ſet a part, hee hath been offered to his face an Oliver for a Rowlād readily to be given him, and more then ſo (that is) more witneſſes of the truely Orthodox to be againſt him, then he can find to be with him, ſo that neither is this conſent ſo univerſall, as he boaſteth of, nor if it were, is it any thing worth in this caſe, and ſo both antecedent and conſequence are both naught. Alſo what a multitude of Papall, nay worſe then Papall rites both his ancienter and later witneſſes maintain, himſelf in this his Tractate being iudge; I leaue to the Iudicious Reader to conſider: for they are ſo many and ſo beaſtly, that I wil never once defile my pen with relating them. Onely this queſtion I will propound to the Author, deſiring him as in Gods preſence to anſwer me. ſcil. Whether the reſidue of the Papiſts ceremonies may not be maintained by this argument as well as theſe of ours? And if yea; then why he doth not as well blame all Orthodox Proteſtants for rejecting the one, as for refuſing the other? yea, why hee doth not alſo perſwade all Calviniſts, in matter of Ceremony, to Conforme to Rome.

There are very many other weighty, & iuſt exceptions to be taken to the ſaid arguments & the Proſſyllogiſmes brought for the proofe thereof, but my purpoſe, at this time, & in this place, is only to touch them, & therefore not willing to hold thee any longer from the body of this treatiſe, I take my leaue, beſeeching thee to take the paines adviſedly to peruſe it, and God to make thee rightly to underſtand, & wiſely to iudge of it, & alſo to giue thee grace to loue the known truth and to walk in the ſame, according to al thy might; For many are therefore given up to beleeue lies, through ſtrāge deluſions, becauſe they received not the loue of the truth that they might be ſaved, 2. Theſ. 2. 10. 11. Now the very God of peace ſanctify thee throughout in thy perſon & in all thy wayes & works, and I pray God that thy whole ſpirit, & ſoule, and body may be kept blameleſſe unto the comming of our Lord Ieſus Chriſt, even ſo Amen.

TO THE MOST CHRISTIAN and excellent Prince, our gratious and Dread Soveraigne IAMES by the grace of God, King of England, Scotland, France and Ireland, &c. Wee the Miniſters and Preachers of the Church of England, that deſire Reformation, wiſh a long proſperous and happy raigne over us in this life, and in the next everlasting ſalvation.

MOſt gratious and dread Soveraigne) we little thought when firſt our humble Perition was exhibited to your excellent Maieſty, (it being both for the matter honeſt, and for the manner peaceable) should haue found ſo hard entertainment abroad, as that this action of ours ſo Anſw. to the Petit. Epist. Ded. p. 4. l. 21. ſecretly, orderly, and lawfully enterpriſed, should be by publick writing traduced, as unduly, and dishoneſtly attempted. Our meaning was onely to intimate to your Majeſty the ſtate of our Church, not to lay open the nakednes of our Mother to the ſcandall of the enemy, nor to appeale to inferiour iudges, to the preiudice of your Maieſty, to whom the cognizance of this cauſe, and deciding of this ſtrife of right appertayneth.

We truſt therefore that as Abraham compoſed the variance between Geneſ. 13. Exod: 2. his, and Lots ſervants, Moſes between the Hebrewes, Conſtantine among the Church Miniſters ſo it will pleaſe your Majeſty to be a iudge between us, and to giue us leaue to defend & iuſtifie our innocent cauſe. As for us we ſay with the Apoſtles: We cannot but ſpeak the things, which we haue ſeen and heard: and approue that ſaying Act: 4. 20. of Hierome: Minoris peccati eſt ſequi malum, quod bonum putaris, quam non audere defendere quod pro bono Dialog. 1. adverſ. Pelagian. certo noveris.

Now then moſt noble King, giue your faithfull ſubiects and unſained lovers of the trueth, your princely leaue to iuſtify their honeſt and godly petition, which hath been by ſome of our Brethren in their heate impugned. In which their enterpriſe we humbly craue licence to propound certain generall obſervations, which we referre to your Highneſſe Chriſtian conſideration.

Firſt whereas wee your Maieſties 1. Obſervation. Oppoſition between the Kings iudgement & the Cenſurers of Oxford. humble Petitioners haue throughout conformed our deſires and requeſts to your Maieſties iudgement, who haue wished us to iudge of your future proiects, according to your by-paſt actions: and haue proportioned our ſuites after the rule preſcribed in your Majeſties book, which you would Preface to Baſil. haue taken of all men as an image of your mind, and a Diſcovery of that which may be looked for at your hands: Yet our brethren to our underſtanding, haue been bould in diverſe points to oppoſe their indgement to your Maieſties.

1. They count it an unſufferable Pag. 7. thing to permit: any thing touching the government of the Church: to be ſo much as queſtioned: Whereas it hath pleaſed your Maieſty in your princely wiſdome, to permit, and will a conference of the learned concerning ſuch matters.

2. They will not grant that theſe Pag. 10. articulated, are the peccant humors of the Church, and ſo conſequently acknowledge none: Your Majeſty ſaith otherwiſe: no kingdom lackes her own diſeaſes: and ſeemeth not to be ignorāt of corruptions ſtoln into the ſtate.

3 They juſtifie ceremonies & traditions not warranted by the word, as the croſſe in baptiſme, the ſurplice, interrogatories miniſtred to infants, Confirmation: But your Maieſty Baſil. p. 18. 19. hath shewed us to ground our conſcience onely upon the expreſſe Scripture, and to diſcerne between the expreſſe will & Commandement of God in his word, and the invention, and ordinance of man.

4. They count them turbulent p. 14. that would not haue the Apocrypha read in the Church: But your Maieſties iudgement is otherwiſe: as to the apocrypha books I omit them, becauſe Baſil. p. 1. I am no Papiſt, and indeed ſome of them are no wayes like the ditement of the Spirit of God.

5. Your Majeſties princely reſolution Baſil. p. 43. is to ſee all your Churches within your Dominions planted with good Paſtors: Our brethren ſay it is impoſſible, and that the defects of ſome p. 15. Anſ: men may be better ſupplied by other meanes then by preaching, as by reading of Scripture, and of homilies, p. 16. p. 14. and of the ſervice boke: and that all Miniſters were not preachers in the primitiue Church.

6. Your Maieſtie moſt truly affirmeth Baſil. p. 4. according to the Apoſtle, that faith commeth by hearing the word preached: Our brethren ſay that the P. 16. Anſ. reading of Scriptuers, of Sermons, and Homilies, are the ordinary effectuall meanes to increaſe faith.

7. Your Maieſties Chriſtian motion to the Vniverſity is, that leaſes of their tithes impropriate be ſo demiſed, as Eccleſiaſtical perſons onely may be maintained & inabled to execute their functions, the Collegdes being provided for. But our Brethren do charge the p. 19. Petitioners for this motion with lack of conſcience.

8. Your Majeſties care is, that the Baſil. p. 43. doctrine be preſerved in purity according to Gods word: The Petitioners for moving to haue an uniformity of Doctrine, and all popish opinions abolished, are challenged for shameleſſe p. 13. ſuggeſtions.

9. Your Majeſties will is, that the Baſil. 13. diſcipline bee likewiſe preſerved in puritie according to the word of God: The Petitioners humbly deſire accordingly that the diſcipline may be adminiſtred according to Chriſts inſtitution: for this motion they are reproved. p. 20.

10. Your Maieſty moſt princelike Baſil. praef. profeſſeth, equally to loue and honour the learned and graue men, of either opinion: that like better of the ſingle forme of pollicy in the Church of Scotland, or of the many ceremonies in the Church of England. Our brethren Epist. p. 5. count the Petitioners Shiſmaticks, Hypocrites, dishoneſt perſons, for miſliking of ſome ceremonies, and other abuſes, and wish the land were cleane purged of them.

11. Your Maieſty giveth this honorable Baſil. praef: 11. teſtimony of the godly miniſters of Scotland, that there is preſently a ſufficient number of good men of them in that kingdom: But the Confuters p. 30. ſay, There are not many men brought up among them in this laſt reformed age, worthy of that wonted honorable maintenance.

12. Your Majeſty ſpecially provideth for keeping holy the Lords day: ſo that alwayes the Sabboths be kept holy, and no unlawfull paſtime bee uſed: But our brethren ſeeme to urge the Anſ. p. 13 reſt upon other holy dayes as ſtrictly as upon the Lords day.

Whatſoeuer opinion is conceiued of our brethren, and howſoeuer they are men of credit and eſtimation in the world: theſe humble petitioners would by no means hane preſumed thus to haue thwarted your Majeſties Chriſtian judgement: We for our parts wish none other reformation, then your Majeſties own profeſſion hath given us hope of: We thank God for your Chriſtian iudgement and conſtant reſolution: It is our happineſſe that God hath ſent vs ſuch a king, not onely noble in princely birth and natiuitie, but in vertue, knowledge and piety as the preacher ſayth: Bleſſed art thou, O Eccl. 10. 17 Land, when thy King is the ſonne of Nobles: and ſuch an one as Ambroſe deſcribeth the King of Ninivie: ſer. 40. Neceſſe erat, ut qui potentior cunctis fuerat, devotior fieret univerſis.

Further, may it pleaſe your Maieſtie 2. Obſervat. difference betwene the old and new Oxford doctors. to underſtand how much theſe Doctors and Proctors of Oxford doe vary from the iudgement of their predeceſſors, approving thoſe abuſes and corruptions, which were even in the time of Popery condemned in a Councell held at Oxford under Stephen Langthon Arch-Bishop of Canterbury, not aboue 250. yeeres ſince.

1. There the Paſtors are enioyned, Conſil: oxonienſ: ſub steph: Vt plebes ſibi commiſſas, &c. That they procure the people committed unto them to be informed with the food of Gods word: otherwiſe canes muti iudicentur; they are counted dumb dogges: But theſe Oxford men excuſe unpreaching Miniſters, affirming that all were not Preachers in the primitiue Church. pag. 14.

2. They decreed that none should be admitted to a vicarage, niſi velit &c. unleſſe he will be perſonally reſident in his Church. They condemne Non-reſidence, theſe iuſtifie Non-reſidents. pag. 17.

3. They decreed, that if they which are admitted to Cures of a certain value, were not reſident, ſeeing bread muſt not be given but to thoſe that labour, Eccleſijs ſuis ſpolientur, &c. should be deprived. But theſe count it an uncharitable act, yea though other proviſion be made for them, that they which cannot labour should be removed. p. 15.

4. They would haue no ſpirituall offices farmed, under paine of ſuſpenſion: ſtatuentes, &c. decreeing that no Archdeaconry, Deanery, or other Office, which conſiſteth in meere ſpirituall things, nulli dentur ad firmam, &c. be put to none to farm. Theſe count it an indifferent thing. pag. 24.

5. Old Oxford men thought good that none should bee excommunicate where the fault is not apparant, Niſi canonica monitione praecedente, unleſſe they be canonically, that is, thrice admonished. Theſe new Oxford men count it contempt for the which men are now excommunicate. p. 23. when as they uſe but once to bee ſummoned before.

6. They forbid, Ne praeſumant pariter iudices eſſe & actores: that they should not be both iudges and actors, or promoters. But theſe ſimply approving the oath ex officio, p. 25. do conſequently allow ſuch proceedings, for in this caſe the Iudge dealing Ex officio is an agent and promotor of the cauſe.

7. They punish ſuch Advocates qui protrahunt matrimonium malitioſe, &c. which wittingly protract ſuits of marriage: and ſuch are excommunicated becauſe by them it commeth to paſſe, ut contra iustitiam proceſſus cauſae diutius ſuſpendatur: the 〈1 page duplicate〉〈1 page duplicate〉 proceeding in the cauſe is longer, then iustice would, ſuſpended. But theſe take upon them to defend longſomneſſe of ſuits in Eccleſiaſtical courts.

8. They determine, Ne Monachus vel Canonicus Eccleſiam audeat retinere ad firmam: That no Monke or Canon should hold any Church to farme: but theſe maintaine the demiſing of impropriate Churches to lay Farmers, p. 19. which is more unlawfull.

9. They thought good, Vt in ſingulis Eccleſijs, ubi parochia est diffuſa, duo ſint vel tres presbyteri: That in great parishes there should be two or three presbyters. But theſe allow two or three parishes to one Preſbyter. p. 18.

10. This Councell prohibiteth, Ne Clerici iuriſdictiones exerceant ſeculares, &c. That Cleargy-men exerciſe not ſecular iuriſdictions, eſpecially to the which the iudgement of bloud is annexed, and not to bee preſent where the iudgement of bloud is handled. But now it is an uſuall thing with our brethren, not onely to be preſent, but to ſit as aſſiſtants to the Iudge in matters of life and death.

Thus was it decreed in thoſe ſuperſtitious times: It may ſeeme ſtrange that any profeſſing purity of religion should come short of them in thoſe duties; for our righteouſneſſe Math. 5. Homil. 5. Exod. should exceed the righteouſneſſe of the Scribes and Phariſees. And as Origen well ſaith, Movenda ſunt castra cum Iſraelitis, urgenda est perfectio. Our brethren should haue runne before their blinde predeceſſors in pious proceedings, not bee caſt behinde them: to haue moved their tents forward to Canaan, not to haue looked backe to the corruptions of Aegypt.

Beſide as our brethren haue thus 3. obſervat. failed in the matter, ſo they haue been much overſeen in the manner of handling. They haue burdened the Petitioners, and others, with many untrue accuſations, laying to their charge, lewd, abſurd, falſe ſuggestions, vntrue imputations. clamorous libels, defamatory ſupplications, p. 5. We are further accuſed to be Schiſmatikes, p. 5. Puritans, reſembled to Papiſts, Epiſt. p. 9. Diſlikers of ſet and ſtinted prayers, refuſers, condemners of the Lords prayer, ſuch as from whom Barrow and Greenwood tooke their beginning, p. 11. favourers of thoſe which write againſt Princes titles, p. 9. That ſome of us haue cauſed our ſervants to goe to plough and cart upon the feaſt day of Chriſts nativity, p. 13. Men accuſtomed to diſobedience, p. 23. That we giue power to the Presbytery to excommunicate Kings: that we giue the Prince, not poteſtatem iuris, but onely facti, p. 29. We are alſo charged with undue and dishoneſt practiſe, in making petition, Epiſt. p. 4. with hypocriſie, Anſ. p. 10. with factious Sermons, ſcurrile Pamphlets, ibid. To haue the hands of Eſau, Epi. p. 8. The mouth of iniquity, p. 31. To bee Foxes, Epiſt. p. 11. Evill, malicious, ungratefull men, p. 30. Neither haue our brethren ſtayd here, but they haue taken upon them alſo to cenſure others: ſome they call buſie headed ſtrangers, imputing unto them the want of manners and diſcretion, to take upon them in a ſtate wherein they haue nothing to doe, in which words they ſeeme to meane ſome who should not be in our opinion counted ſtrangers, ſeeing we are all under one God and King.

Now may it pleaſe your Maieſty, what could we doe leſſe, then being thus uniuſtly accuſed, by a modeſt and true defence, to deliver our ſelues and our brethren from theſe imputations, being not ſecretly ſurmiſed, but publickly, and that in writing; yea and in your Majeſties eares ſuggeſted. We doubt not but your Maieſty wil grant us equal hearing, as King Agrippa ſayd to Paul: Act. 26. 1 thou art permitted to ſpeake for thy ſelf. Wee preſſe not to offend them but being provoked defend our ſelues, as Hierom ſaith: Vulneratus nequaquam contra perſecutorem tela divexi, ſed ad Ruſſin: meo tantum vulneri admovi manum.

Laſtly, wee note our brethrens overſight 4. obſervat. in their manner of proceeding in publique impugning what was ſecretly intended, and in proclaiming to the world that which only we preſented to your Maieſty. And whereas our brethren ſuggeſt, that ſoone after (this our petition and motion being made) were ſent forth Epiſt: p. 3. into all quarters of the Realme ſtore of the ſayd pretended Petitions. It is true may is pleaſe your Maieſty, that no copies of the ſayd petition were delivered to any beſide our ſelues, (excepting that only which was exhibited to your Maieſty) ſince which time no copies at all were diſperſed into any quarters of the realme, much leſſe into all: neyther before were any hands required to it, but only conſent. So that notwithſtanding theſe pretenſes our brerhren are found to bee troublers of the ſtate, not the petitioners, and to haue blowne the coales, and kindled the flames, which wee goe about to quench.

Wherefore wee humbly deſyre your Maieſtie, that it bee not imputed to vs as a preſumptuous part to anſwer for our ſelues being provoked, neyther preiudiciall to the conference determined: wee may verily ſay with Hierome, ſi ſuperbum Ad Theoph. ſit reſpondiſſe, multo ſit ſuperbius accuſaſſe. If it be a proud thing modeſtly to anſwer, much more inſolently to accuſe.

Beſyde, as is our Brethrens cauſe, ſuch are theyr proofes: they haue inmayntenāce The Cenſurers ſparing in their proofs out of Scripture. of theyr fāſies throughout theyr boke alledged, but one text of ſcripture for any matter in queſtion betweene vs, which are about the number of thirty ſeueral points, ſo that wee may ſay vnto them in Auguſtines words: Qui divina teſtimonia non ſequuntur pondus humani teſtimonij perdiderunt. They which follow not the divine teſtimony, haue lost the credit of their owne.

Now we humbly commend the innocency of our felues, and the goodneſſe of our cauſe to your Maieſties Chriſtian iudgement: we ſue for nothing but wherein Gods word doth beare us out, whereof your Maieſty hath given us hope, and for the which we doubt not but to anſwer for our ſelues in the preſence of God. We truſt that God hath raiſed your Maieſty up as another David, to ſettle the pillars of the earth Pſal. 73. 3. that were shaken: and as the Prophet ſayth, to take off the heavy burthens, Eſay 58. 6. burthenous ceremonies, burthenous cenſures, burthenous abuſes, which many haue a long time groned under. Auguſtine to this purpoſe ſayth well, handling theſe words of the Pſalme, They haue ploughed upon my In Pſa. 128. back: Aſcende in dorſum meum portare te habeo, &c. Nunquid ſemper ſuper dorſum meum eris: veniet tandem qui te inde excutiet. And he is now come wee truſt which ſhall breake theſe yokes: and God we are perſwaded will inable your Maieſty to do that which shall bee acceptable to himſelfe, profitable to his Church, comfortable to your own ſoule, that we may all ſalute your Maieſty with the ſalutation of the Church of David, Pſa. 20. 4. 5 the Lord grant thee according to thine heart, and fulfill all thy purpoſe, that we may reioyce in thy ſalvation, & ſet up our banner in the houſe of God, when the Lord shall performe all thy petitions, that we may all triumphātly ſay of your Maieſty, as Ambroſe of Ambr. Theodoſij fides. the good Emperour Theodoſius: Iacobi regis fides nostra victoria.

Your Maieſties moſt faithfull ſubiects, The humble Petitioners, the Miniſters and Preachers that deſire reformation according to the word of God.

THE ANATOMY OF THE CONTROVERSED CEREMONIES OF THE CHVRCH OF ENGLAND, BEEING conſidered in their Nature and Circumſtances. By Iohn Sprint Miniſter of Thornby in GLOCESTERSHIRE. 1 Beginning. 1 Blinde zeale and ſuperſtition, as the Fountaine. 2 Tradition, as the ſtreame and Channell. 3 Popish Maſſe-booke, as the puddle. 2 End. 1 Of inventing 1 To pleaſe Iew and Gentile by a perverſe imitation. 2 To paint Gods Worship with a needleſſe adornation. 2 Of maintaining 1 To claw and curry favour vvith Papiſts, Atheiſts, &c. 2 Vo uphold our Church corruptions, 1 Lordly Prelacie. 2 Non-reſidency. 3 Dumbe Miniſtery. 3 To ſnare the faithfull profeſſor. 4 To nourish the carnall Goſpeller. 5 To thruſt out the faithfull Teacher. 6 To keepe out Chriſts Diſcipline. 3 Perſons 1 For them. 1 Ordaining 1 Sathan inſpired them. 2 Man invented them. 3 Fathers by tradition delivered them. 2 Commanding and enforcing them. 1 The Beaſt. 1 Antichriſt. 2 His Bishops. 2 Man. 1 The Magiſtrate abuſed. 2 Lordly Prelates abuſing. 3 Defending 1 Popish Champions. 2 Dignified Chaplins, alias Chop-livings. 3 Covetous Chancellors. 4 Ambitious Pluraliſts. 5 Symonaicall Patrons, alias Latrons. 4 Approving. 1 Impious Atheiſts. 2 Ignorant Papiſts. 3 Dumbe Homiliſts. 4 Temporizing Statiſts. 5 Povvling Regiſters. 6 Provvling Paritors. 7 Prating Proctors. 8 All prophane livers. 2 Againſt them 1 Refuſing the moſt faithfull, painfull, bleſſed 1 Paſtors. 2 Exiles. 3 Martyrs. 2 Diſliking the moſt zealous and godly people of all ſorts. 3 Diſproving the moſt ſincere & learned, forraine & English 1 Writers. 2 Preachers. 4 Rejecting the pureſt and beſt reformed Churches. 4 Matter 1 Negatiue: No ordinances or commandements of God. 2 Affirmatiue. 1 Mans 1 Inventions. 2 Precepts. 3 Traditions. 2 Antichriſts 1 Idols. 2 Will-vvorships. 3 Reliques. 5. Manner of urging & maintaining 1 Reaſoning 1 Cavilling. 2 Railing. 3 Slandering. 4 Stirring up the Magiſtrate 1 Againſt the Innocent. 2 Againſt their Brethren, 2 Cenſuring 1 Suſpending. 2 Excommunicating 1 For a trifle. 2 For things good. 3 Ipſofacto. 3 Depoſing, depriving, degrading of 1 Law. 2 Living. 3 Miniſtery. 6 Qualitie 1 Needleſſe and ſuperfluous; becauſe 1 Added to Gods perfect Ordinances. 2 Gods Church & worship may be without them. 3 Not required of God, nor having any ſpeciall or generall ground out of the Word. 2 Vnprofitable; becauſe they 1 Edifie not Men. 2 Glorifie not God. 3 Serue not in the Church 1 For Order. 2 For decencie. 3 Hurtfull unto the 1 Weake, by offence. 2 Ignorant, by ſuperſtition. 3 Popish, by Idolatry. 4 Brethren, by diſſention. 5 Godly, by 1 Inward griefe. 2 Outward perſecution. 6 Schiſmatickes, by ſeparation. Occaſioned. 4 Wicked againſt the 2d. commandement. 1 In diſgracing the Sacraments, & Worship of God. 2 In being defiled with ſuperſtion and Idolatry. 3 In being the monuments of Idolatry. 4 In being Will-worships. 5 In bringing into Gods Worship the manner of 1 Iewes. 2 Gentiles. 3 Hereticks 4 Papiſts. 6 In being ſymbolicall or ſignifying holy ſignes of mans invention. Effect. 1 In the perſons for them 1 Preſcribers and maintainers. 1 Privation, or abolishing of good: namely of— 1 Of Chriſtian liberty to bind the conſcience 1 Where God hath not tied. 2 Where Chriſt hath freed. 3 Vnder the ſame cenſures are greater penalty and ſtrictnes then the breach of Gods commandements. 4 Not to do that 1 Which is agreeing to the Word. 2 Wch God cōmāds 2 Exerciſes of Religion, Gods own ordinances 1 Preaching. 2 Propheſying. 3 Faſting. 4 Diſpoſſeſſing. 3 Quiet and peace of the Church. 4 People robbed of their Paſtors. 5 Painfull Paſtors of their maintenance. 2 Occaſion of e-evill, of 1 Sin, 1 Abuſe of cenſures in 1 Suſpending. 2 Excommunicating 1 Vainly. 2 Vniuſtly 3 Vngodly 4 Ipſo facto 3 Depriving 2 Prophanation of 1 Sabboth. 2 Worship. 3 Tyranny in Prelates. 4 A foul-murdring miniſtry 1 Dumbe. 2 Non-reſident 5 Carnall liberty, Atheiſme, & groſſe ignorance in the people. 6 Contempt of GODS 1 Word. 2 Miniſtery. 2 Punishment: Iudgements certainly following theſe evils. 1 Bodily. 2 Spirituall. 2 Vſers (a) 2 In the perſons againſt them (b) (a) Vſers 1 For loue. 1 A Cloke of their 1 Ignorance. 2 Slothfulneſſe. 3 Fleshlineſſe. 4 Covetouſneſſe. 5 Falſe and corrupt Doctrine. 6 Scandalous life. 2 A ſpur and ſword unto their 1 Envy and Malice. 2 Railing, diſgracing and perſecuting of their 2 For feare. 1 By preſent practiſe 1 Deſtroying former doctrine. 2 Shutting up the mouth againſt corruptions 3 Quenching their zeale. 4 Wounding their conſcience. 5 Reioycing the enemies of the truth. 6 Grieving the friends of the truth. 7 Eſtranged frō the better part. 8 Linked to the worſer part, in 1 Affection. 2 Practiſe. 3 Fellowship 9 Confirming and countenacing the Prelates ungodly and tyrannous proceedings. 10 Alluring & occaſioning others to fall by their 〈◊〉 2 By preparatiō unto 1 Subſcription unlimited and ex animo to that all good Chriſtians conſciences do ex animo abl • 2 To plead for the great corruption of 1 Lordly Domination 2 Dumbe Miniſtery. 3 Non-reſidency. 3 To practiſe, favour, and maintaine them. 4 To oppoſe and perſecute 1 The cauſe of God. 2 Their innocent & godly bre ••••• (b) In perſons againſt them 1 Refuſing 1 God is glorified. 2 The truth is iuſtified. 3 The godly edified and ſtrengthned. 4 The adverſaries mouthes ſtopped. 5 The ignorant provoked to ſearch and finde the truth. 6 Themſelues haue 1 Peace of conſcience. 2 Triall of patience. 3 Note of faithfulneſſe. 4 Ioy in ſuffering. 5 Increaſe of zeale. 6 Hope of glory. 2 Removing 1 Evill falleth 1 Corruptions in 1 Doctrine. Of the Church 2 Miniſtery. Of the Church 3 Government. Of the Church 2 Scandall to the 1 Godly. 2 Weake. 3 Wicked. 3 Prophanation in 1 Sacraments. 2 Worship. 3 Sabboth. 4 Papiſtry, Atheiſme, open wickedneſſe. 2 Good flourisheth 1 Increaſe of faithfull Paſtors. 2 Increaſe of godlineſſe in the people. 3 Purity of 1 Doctrine. 2 Worship. 4 Peace, loue, and decent order in the Church. 5 Cōformity with the 1. Word. 2 Beſt reformed Church 6 Gods bleſſing on 1 Church 2 Whole land.

BELLVM CEREMONIALE, THE CEREMONIALL BATTELL.

Behold the Leaders and the Souldiers.

The better part diſclaimes them. The worſer ſort retaines them. 1 God neuer planted, nor his ſpirit inſpired them. 1 Sathan inſpired them, Man invented them. 2 Chriſt hath freed us from them. 2 Antichriſt enthrales us vvith them. 3 Holy Apoſtles neuer taught, nor practiſed them. 3 Romish Apoſtates euer taught & practiſed them. 4 Chriſtian Churches reformed haue abolished them. 4 Antichriſtian Romish church deformed retaines them. 5 Word of God condemnes them. 5 Maſſe booke juſtifieth them. 6 Pureſt Writers conclude againſt them, 6 Popish vvriters patroniſe them. 7 Godly Martyres ſuffered for them. 7 Vngodly Bishops perſecute for them. 8 The godly zealous Exiles vvithſtood them, 8 Carnall contentious Exiles ſtood for them. 9 The moſt Reuerend Bishops vvisht them remoued to further the Goſpell. 9 The moſt tyrannous proud Prelates ſuppreſſeth the Goſpel for them. 10 Our ſoundeſt Doctors taught againſt them. 10 Our popish Rabbins & corrupt Statiſts plead for them. 11 Our faithfull and vnreproued Paſtors refuſe them. 11 All ſcandalous Non-reſidents, Non-preaching Miniſters uſe them. 12 All ſincere Profeſſors are offended at them, and deteſt them. 12 All popish carnall & vvicked haters of God rejoyce in them.

The Weapons. 1 Offending ſvvord of the Spirit. 2 Defending shield of 1 Faith. 2 Patience. 1 Offending 1 Svvord 2 edges 1 Railing, ſlandering. 2 perſecuting, impriſoning. 2 Cannon 1 Excommunicating. 2 Suſpending. 3 depriving of Living Lavv. 4 degrading or depoſing 2 Defending by the buckler of authoritie— 1 Fathers traditions. 2 Mens precepts.

The Event of the Battell.

1 Humiliation in Gods ſight. 1 Encreaſe of pride before God and Man. 2 Exerciſe of Chriſtian patience. 2 Practiſe of Antichriſtian crueltie. 3 Tryall of faithfullneſſe. 3 Diſcovery of unfaithfulneſſe. 4 Vnity of faith. 4 Endleſſe diſſentions. 5 Increaſe of loue among themſelues. 5 Increaſe of contentions among brethren. 6 Godly zeale inflamed. 6 Superſtitious zeale occaſioned. 7 Conformity vvith Chriſt and the godly. 7 Conformity vvith Antichriſt and Worldlings. 8 Peace of conſcience. 8 Conſcience accuſing. 9 Ioy in ſuffering. 9 Terror in perſecuting, 10 Furtherance of the Goſpell. 10 Hinderance of the Goſpell. 11 Chriſtian liberty maintained. 11 Bondage enforced. 12 Offences remoued. 12 Offences given. 13 The elect conuerted. 13 The vvicked hardened. 14 The truth cleared. 14 Papiſtry cloked. 15 Gods bleſſing on their life & labors that vvithſtand them. 15 Gods iudgments on the hand of them that maintaine them. 16 Gods holy name glorified. 16 Gods holy name blaſphemed. 17 Pleaſing the godly, greiuing the vvicked. 17 Grieving the godly, pleaſing the vvicked. 18 Confidence and gladneſſe at the judgement day. 18 Confuſion and trembling before the iudgement ſeat of God.

THE DEFENCE OF THE PETITION FOR REFORMATION.

The Reply to the generall cenſures.

CENSVRE. 1. IT is inconvenient and unſufferable to permit a long and well-ſetled ſtate of governement to be ſo much as queſtioned.

Anſ. Firſt then, wherein the ſtate is well-ſetled, we neither make queſtion nor deſire alteration: but where ſome wants and imperfections are found, which are indeed no parts of our ſtate, but blemiſhes, it is neither inconvenient for your Maieſtie, where you ſee cauſe to alter, nor unſufferable in us to make queſtion. It is both honorable to your Maieſtie to ſupply what is wanting, to reſtore what is decaying, to remoue what is offending; and we truſt not diſloyall in us to deſire ſome things to be queſtioned, & conferred upon, which your Mry in your Chriſtian policie ſeeth neither to be inconvenient 〈1 page duplicate〉〈1 page duplicate〉 nor inſufferable. It is an honour for Princes to adde to their predeceſſors worke, as Ioſua did to Moſes, Salomon to Davids, Nehemiah to Zorobabels. Religion is perfected by degrees, and reformation can Religion perfected by degrees. Lib. 7. in Luc. hardly be wrought in one age. Ambroſe ſaith well: Non in principijs perfecta quaeruntur: ſed à principijs ad ea quae perfecta ſunt pervenitur. The perfection of things is not ſought in their beginnings; but men proceed from the beginnings to thoſe things which are perfect. The Law Imperiall ſaith: Qui ſubtiliter factum emendat, laudabilior Cod. lib. 1. tit. 2. l. 1. Iustinian. eſt eo qui primus invenit. Hee that exactly bettereth that which is done, deſerues more commendation then he who firſt invented it. And as for your Maieſties poore ſubiects the Miniſters of the Goſpell, wee haue greater cauſe to thinke our ſelues happy that we may poure out our complaints into your Chriſtian boſome, then Paul did for that he was ſuffered to anſwer before king Agrippa; and we doubt Acts 26. 3. not but that your princely eares are open to heare us for our ſelues, that would haue us heard for your ſelfe, as Ambroſe ſaith to Theodoſius: Ipſe non audies eos, quos pro Ambroſ. epi. 29. ad Theodoſ. te audire velis. Will not you heare thoſe, whom you deſire may be heard for you.

2. Cenſ. Auguſtine ſaith, The very change of cuſtome otherwiſe profitable, hurteth by innovation.

Anſw. Neither ſhould cuſtome prevaile Cuſtome no rule of truth, againſt truth, nor antiquity counterpoiſe the verity: Innovation is not to be feared where reformation is effected: for then neither Chriſts Goſpell ſhould haue taken place againſt the Iewes traditions, nor Chriſtianity againſt Paganiſme, or Proteſtancie againſt Poperie. Auguſtine ſaith well even in the ſame place, where he is alledged for cuſtome, Aut propter fidem aut propter mores, vel emendari oportet quod perperam fiebat, vel inſtitui quod non fiebat. For faith and manners that may be amended, which was evill uſed, and that may be a new inſtituted, which was altogether omitted. And Ambroſe anſwereth Symmachus well, that urged cuſtome for certain Pagan rites: Nulla aetas ad perdiſcendū ſera eſt, crubeſcat ſenestus, quae ſe emendare non poteſt: non annorum canities eſt laudāda, ſed morum: nullus pudor eſt, ad meliora tranſire. Old age ſhould not be aſhamed to amend, and it is no ſhame to change for the better.

3. Cenſ. If the ceremonies were ſuperſtitious, with what conſcience did they ſubſcribe in reſpect of the times, &c?

Anſ. 1. The Ceremonies which we deſire to be removed, as we iudge them not Of ſubſcription. all to be alike ſuperſtitious, ſo neither do we hold them profitable or fit to be retained being divers wayes ſcandalous, as ſhall afterward be ſhewed in particular.

2. Some men by ſubſcription did beare them as tollerable in their opinion for the time, not as condemnable in themſelues: And do our brethren aske with what conſcience they could doe this? Did not the Apoſtles ſubſcribe in their Epiſtle for the retaining of the Iewiſh rites of abſtaining from ſtrangled & bloud, not thereby ſimply giving them approbation, but yeelding toleration for a time. As Auguſtine doth fitly reſemble it: Sicut defuncta corpora neceſſariorum officijs deducenda erant, quomodo ad ſepulturam, &c. As the bodies of the dead muſt haue a time to be brought after a ſeemly manner to the graue, and not to be ſtraight wayes forſaken, &c. ſo they which deſired the peace of the Church, and were loath to depriue the ſame of their labours, did thinke they might by their ſubſcription and tolleration beare theſe ceremonies for a time, as the Apoſtles did the Iewiſh, though the caſe be not altogether alike, the one being legall rites, the other humane inventions, yet neither apparantly impious, the time and other circumſtances conſidered.

3. And yet divers which ſue for reformation, did refuſe at all to thruſt their neckes under this yoake of ſubſcription. But how little the ſubſcription of ſome maketh for the allowance of theſe offenſiue ceremonies, ſhall further appeare in the defence of the preface, Art. 6.

4. Cenſ. If they be indifferent, &c. then the Magiſtrate may command, and we muſt obey. Where is then their pretended obedience? &c.

Anſw. Concerning the indifferencie of Some Ceremonies urged not indifferent. Epist. 118. c. 8. theſe ceremonies: 1. It will bee hard to ſhew that they are all indifferent. Auguſtine hath this rule of things indifferent: Quod ne que contra fidem ne que bonos mores iniungitur, indifferenter est habendum. That which is not enioyned againſt Faith and maners, muſt be held as indifferent. Such Ceremonies then as haue no warrant in the word, and ſo againſt faith, (as the Croſſe in Baptiſme: and are offenſiue to the brethren, and ſo againſt charity (as the Surplice) how can they be ſayd to be indifferent. 2. VVere they indifferent in their owne nature, yet the ſcandall that is given to the Church of God doth take away the indifferent uſe of them. As S. Paul ſaith, he would not eate fleſh while the world ſtandeth, if it offend his brethren: 1. Cor. 8. 13 and it is no ſmall danger to wound the conſcience of the brethren: the Apoſtle ſaith, they ſinne againſt Chriſt. 3. And if theſe ceremonies were indifferent in their owne nature; yet to him that cannot be ſo perſwaded, they are not indifferent: For whatſoever is not of faith, that is, of a Rom. 14. 23. ful reſolutiō without doubting, is ſin. For this were as Ambroſe ſaith, to be ſtrenuum operibus, affectu infidum. To bee ſtong in action, and unſtable in affection. VVherefore if either theſe ceremonies be not at all indifferent in their owne conſtitution, or not ſo in the perſwaſion of the heart: it is no diſobedience to forbeare and refuſe though they are commanded: for the Apoſtles reſolution is to be followed, to obey God rather. The Magiſtrate muſt not Act. 4. 19. be reſiſted, and yet that which is againſt the conſcience, may without diſloyaltie be refuſed, as Ambroſe excellently reſolveth, Volens nunquam ius deſeram, coactus repugnare non novi, potero flere, potero gemere. Orat. in Auxentium. I will never willingly forſake that which is right, I cannot reſiſt though provoked: this I can do, even to weep and waile. Laſtly, ſeeing theſe ceremonies are confeſſed by our brethren to be indifferent, then is it in your Maieſties power to take them out of the way.

Then ſeeing the removing of theſe ceremonies wil be no offence of conſcience to thoſe that hold them indifferent, and yet the retaining of them wil grieue the conſciences of many good Chriſtiās that take them not to be ſuch: we humbly beſeech your excellent Maieſty to take away theſe occaſions of ſtumbling; and we doubt not but your Maieſty is reſolved with the Apoſtles, to lay upon your people no other burdens beſide neceſſarie things, Act. 15. 28. Like to Theodoſius the Emperour, of whom Ambroſe ſaith, Malluit ſibi homimines religione, quam metu conſtringere, in obit. Theodoſ. Hee had rather binde men unto him by religion then by feare. Poſitiue abuſes.

5. Cenſ. Theſe men ſhould not be ſuffered Vntruth 1. wee do not calumniate the state. Vntrutht 2. There are many things poſitiue in the church worthy of blame. to calumniate the State wherein there is nothing poſitiue worthy of blame.

Anſw. As touching the abuſes in the Church, ſome of them are in the very cō ſtitution, as of Non-reſidents, pluralities, dumb miniſters, faculties, excōmunication by Chancellors Officials, and ſuch like, as ſhall afterward appeare in particular. VVere there nothing herein poſitiue that is worthy of blame, happy were this Church, and twice happy ſhall your Maieſty be to procure it to be ſuch: neither is this to calumniate the ſtate to complaine that the Church of Chriſt is peſtered with ſome uſages and offices begunne under Antichriſt, of the which we are bould to pronounce with our Saviour, every plant which Math. 15. 13. my heavenly Father hath not planted, ſhall bee rooted up: and according to the rule of the Law: Abſurdum eſt ipſa origine rei ſublata, Cod: lib. 7. tit. 6. leg. 1. Iustine. eius imaginem relinqui. It is abſurd that the thing it ſelfe being taken away, the image therof ſhould bee ſtill remaining. Seeing then popiſh doctrine, as the roote and originall is aboliſhed, all papall platformes, as the ſhadow ſhould vaniſh.

6. Cenſ. No Church in Chriſtendome is Vntruth: 3. able ſo much to iuſtifie their abuſes, as this Many reformed churches goe beyond vs for diſcipline. of ours, which are not ſo heynous as deſerue their bitter reprehenſion.

Anſw. Beſide alſo many abuſes there are in the execution of Eccleſiaſticall lawes and orders (as ſhall afterward appeare) 1. VVhich we heartily wiſh did no more abound in this Church, then in ſome other reformed churches, whoſe example herein we deſire to bee followed according to the word of God. 2. VVhat if no Church can iuſtifie all the corruptions & abuſes crept in: Yet everie Church ought to preſſe foreward unto perfection, & to follow the Apoſtles rule: to forget that which is behind (not to pleaſe our ſelues in our imperfect ſtate) and to endevour to that which is before, and to follow hard toward the Philip. 3. 13. marke. 3. Neither had our brethren of Oxford cauſe to obiect that the Petitioners Maske under an unknown generality, ſeeing they themſelues expreſſe not their names, nor remoue the vaile from thier faces: and as for us, we conceale not our names as aſhamed of the cauſe, but wee forbeare, becauſe it is your Maieſties pleaſure we ſhould not gather hands to our petition: but as Ambroſe ſaith to the Emperour tolle legem & fiat certamen: Take away the law, and let the tryall be made upon even tearme. So when it ſhall pleaſe your Maieſtie, the conſent and number of the Miniſters and others deſiring reformation, will ſoone appeare. VVe are able to ſhew that theſe abuſes are not onely worthy of reprehenſion (which in our petition is done without bitternes according to the 2. Tim. 2. 25. Apoſtles rule, inſtructing them with meeknes that are contrarie minded) but of alteration; not onely fit to be repoved, but for ever removed: we are now to declare the one, and we truſt your Maieſtie in good time will determine the other: and we doubt not, but that you are reſolued with the Cod. lib. tit. 6. leg: 42. Emperour Iuſtinian: omnia quae pro honore ſanctae Eccleſiae ad Dei placitum fieri properamus, legibus conſtituere & operibus adimplere deſideramus: all things which may bee for the good of the Church by your lawes to will, and in your works to fulfill.

The defenſe of the Preface.

1. Obiect. They fauour them too much Vntruth: 4. Princes titles. that were wont to ſubiect all kings Titles to popular election, &c.

Anſw. How they which now ſue for reformation were before affected to your Wee doe not therein fauor them. Maieſties title, we appeale to your princely knowledge: and who they were that did ſhew themſelues moſt earneſt to haue had the ſame in Queen Elizabeths time declared, is well knowen. Our brethren are then to blame, to draw thoſe into ſuſpiciō which will not giue place to any of themſelues in zealous and loyall affection: And what if ſome otherwiſe of good parts haue written undutifully of Princes titles, doe wee iuſtifie or favour them therein? Vniverſitie men brought up in the ſchooles might remember that from ſecundum quid to ſimpliciter the argument followeth not, that becauſe we like them in ſome things we ſhould approue them in all. VVe ſay Pammach. & Ocean. with Hierome: non conſuevi eorum inſultare erroribus, quorum miror ingenia.

2. Obiect. The petitioners by ſeeking this, Vntruth 5. We disturbe not the state. and the like dangerous alterations do diſturbe the ſtate, &c.

Anſw. Flatterers are the diſturbers of the ſtate, not they which deſire things amiſſe to be amended: But this hath been alwayes the reward of the ſervants of Chriſt, that duly ſought for redreſſe, to be counted troubleſome and buſie bodies, according to the ſaying of the Apoſtle: am I become your enemie becauſe I tell you Gal: 4. 16. the trueth? to the which anſwereth that common ſaying: Obſequium amicos, veritas odium parit: flattery maketh friends, and verity maketh foes. The Prophets did not diſquiet the ſtate of Iſrael, but they which Ezech. 13. cried peace, peace, ſowing pollowes under mens elbowes, and flattering them in their ſinnes, ſaying all is well. If other men were as willing to bee reformed as ſome deſire the Magiſtrate ſhould reforme, there need to bee no diſturbance at all: It is good to haue peace, and follow loue, but as the Apoſtle ſaith 〈 in non-Latin alphabet 〉 , in the trueth: then ſhall we reſt quietly, when we ſleepe not upon mens pillowes, but in Chriſts armes: as Origen wel noteth on theſe words Homil: 2 in Cantic. Cant. 26. his left hand is under my head: noli conſuere cervicalio vel aliunde capiti requiem quaerere, habe ſponſi laevam ſub capite. Sew not pillowes to thine head, nor ſeek reſt unto it elſwhere, get the left hand of the bridegrom put under it.

3. Obiect. Howſoever in words they decline Vntruth: 6. Wee meane as wee write. the imputation of factious men, &c. it is well known in this kingdom and that of Scotland what manner of men they be.

Anſw. We meane as we ſay, we wiſh not the diſſolution of the ſtate Eccleſiaſticall: wee would haue Epiſcopall labours ioyned with Epiſcopall honor, that they would doe their duty and haue their duty, as the rule in law is: rationi convenit Reg: iur. 76 vt ſuccedat in onere, qui ſubſtituitur in honore: that they encroach not upon other mens callings, but that they may be 〈 in non-Latin alphabet 〉 . p. 40 chayned with ſuch bondes, as may preſerue that eſtate from creeping to corruption. If any in Scotland haue beene to forward, wee excuſe them not: yet that whole Church is not to be blamed for ſome mans fault: wherein are many reverend, learned and godly paſtors, as his maieſty hath giuen a princely teſtimony of them, that Pref: to 〈 in non-Latin alphabet 〉 . there is preſently a ſufficient number of good men of the miniſtery in this kingdome. Other mens overſightes wee iuſtifie not, neither will anſwer for their errings, if any haue vnduely in their vndiſcreete zeale ſought for reformation wee prayſe them not: neither ought it to be a preiudice to moderate proceedings. As in our enemies wee condemne not that is good, ſo neither in our freinds commend wee that which is euill: as he well ſayth: nec bonis aduerſariorum (ſi quid honeſtum Hierom: Pammach: & Ocean. habuerint) detrahendum eſt, nec amicorum laudanda ſunt vitia.

4. Obiect: Thoſe men might haue better performed their obedience to God, &c: what are theſe men they ſhould aſſume ſo much?

Anſw. 1. wee haue aſſumed nothing Iuſt cōplaints not diſloyall. which becommeth not good ſubiects, to lay open our complaynts to our gracious Soveraigne, as the members ſend vp their greifes to the head. 2. Neither doe wee ſeeke to abuſe the Clergie, but to honor them, when wee deſire they might in everie congregation ſhine as lampes both in life and doctrine. 3. VVhat greater obedience to God then to bee found faithfull? what better ſervice to his Maieſty then to acquaint him with the wants of that body, wherof he is the head? what truer loue to the Church then to deſire her perfection? 4. VVee truſt his Maieſty counteth it no trouble to heare his honeſt ſubiects complaynts, as by his owne princely words wee are incouraged, weary not to heare the complaints of the oppreſſed 〈 in non-Latin alphabet 〉 . 92. aut ne Rex ſis. Preachers and miniſters that humblie ſue for redreſſe, trouble not the Church but idle non reſidents, dumb miniſters, couetous pluraliſts are the men which are ſetled in their dregges, and will not haue their ſowre lees drawne forth. As for vs wee bleſſe God for our externall peace, and heartily deſyre the true internall peace: that we may be all according to the Apoſtles rule 〈 in non-Latin alphabet 〉 Eph. 4. 15., following the truth in loue, and louinge in the truth, and ſo we ſay with Hierome, ad. Theoph: vnto our brethren that ſeeme to ſtand ſo much upon peace and quietneſſe: nihil grande eſt voce pacem praetendere, & opere deſtruere; &c. it is nothing to pretend peace in word, and deſtroy it indeed. VVee alſo would peace, and we wiſh not onely but entreat peace, the peace of Chriſt, true peace: pacem quae not ut adverſarios ſubijciat, ſed ut amicos iungat, ſuch peace which may not ſubdue us as enemies, but ioyn us as friends.

5. Obiect, They muſt prooue that thoſe Vntruth 7. Theſe are the peccant humors. are the peccant humours of the Church, which in truth is the leaſt peccant of any other, &c.

Anſ. 1. If theſe & ſuch like be not the Who come neereſt the Catharſts. peccant humors in the body of the Church, there are none at all: thus theſe men ſeem to come neerer to the Puritans & Cathariſts, then thoſe (whom they in their anſwer haue traduced) that acknowledge all things pure in the Church, and no thing amiſſe, how farre are they from redreſſing that are ſo farre of from confeſsing their wants? Ambroſe well ſaith ſenſus vulneris eſt ſenſus vitae the ſenſe of griefe is the ſenſe of life. 2. VVe wiſh even in our hearts, it were as they ſay, that our Church were leaſt peccant in the world, then ſhould we haue no contention about humane rites, Non-reſidents, dumbe miniſters, Commendams, faculties, abuſe of Excommunication, and ſuch like, which are ſtrange in other reformed Churches. 3. Reverend Biſhop Iewel, where he ſaith; we are come as neere as poſſibly we could to the Church of the Apoſtles: neither meaneth How we are come neere the Apoſtles. the abuſes and peccant humors of our Church, which he would never haue iuſtified, nor yet all the ceremonies, for elſe were he alledgeth out of Valafridius Abbas that in the beginning the cōmunion was miniſtred without any difference of apparrell, and ſheweth that it was ſo in Hieroms time: defence Apol. 401. Neither yet doth hee meane that the diſcipline of the Primitiue Church is exactly reſtored, for the booke it ſelfe confeſſeth, that the godly diſcipline of the Primitiue Church is now wanting, and beſides In the commination. hee ſheweth in this place, wherein the Church of England is departed from the Church of Rome, which is not in the adminiſtration of diſcipline received from them: and elſe where he reproveth Harding Defenc. apol. 41. for ſaying Chriſt and his Apoſtles never ruled the Cburch in better order then it is now ruled by the Pope & his Cardinais. Our brethren ſay as much in effect that it is ruled as well by Biſhops. VVherefore his meaning muſt needes be, that in doctrine and in the ſubſtance of the Sacraments we are come neere it, and for the reſt, as neere as poſſibly we could, that is, as the times would permit and ſuffer. And we deſire our brethren to tell us in good ſooth whether in the Primitiue Church of the Apoſtles, the croſſe in Baptiſme, the ſurplice in the Communion were uſed, whether they read of any Chancellours, officials, &c. Non-reſidents, dumbe Miniſters in thoſe times? It is all we deſire that the diſcipline of our Church may be reduced to the forme of the Apoſtles government. Laſtly, haue our brethren no more chariry, then to wiſh that the petitioners (whom they untruely call unquite and mal-contended humors) were purged out of the land: If they proceed on in ſuch wiſhes they will giue us cauſe to complaine, as Hierome doth of an uncharitable adverſarie of his: talibus inſtitutus Apol. 3. adverſ. Ruf. es diſciplinis, ut cui reſpondere non poteris, caput auferas, & linguam quae tacere non poteſt ſeces. You haue learned, that whom you cannot anſwer, his head you would chop off, and cut out the tongue that you cannot ſilence: but we wiſh better unto them with the Apoſtle: if yee bee otherwiſe minded that God would reveale it unto you, in his good time.

6. Obiect. To ſubſcribe to that in reſpect Of ſubſcription upon proteſtation. &c. of the times which in it ſelfe is vnlawfull proveth little leſſe then hypocriſie. &c.

Anſw. In theſe petitioners which ſubſcribed to the booke (in which terme is no diſdaine at all) there was neither diſhoneſty nor hypocriſie ſo to doe. although they ſimply allow it not. 1. They ſubſcribed with proteſtation, ſome with condition, other ſome upon expoſitions giuen them, which is no meere falſity, but a cleere verity, as ſome of our Biſhops and their Regiſters do know, and ſome of the ſubſcribers are able to ſhew. Fox. p. 118. But this argueth no ſincerity (ſay our brethren;) VVhat would they then haue ſaid of Reverend Cranmer who was ſworne to the Pope upon proteſtation, acknowledging his authority no further then it Zanch. Miſcel. p. 35. agreed with the expreſſe word of God: Or what would our brethren haue thought of Zanchius, that with ſome exceptions and interpretations ſubſcribed to certaine Lutheran points of doctrine, who aledgeth the iudgmēt of Calvin in the ſame matter to Gulielmus Holbracchus, likewiſe urged by the Lutherans to ſubſcribe praeciſe, ut recuſes non cōſulo, &c. nunc ergo exceptiones interponere neceſſe eſt, quae te moleſtia liberēt. I giue not counſell preciſely to refuſe, &c. but to put in exceptions which may eaſe you Supplic. ad Senat. Arg. of trouble? Hereupon Zanchius ſaith ſe ſincero pacis & concordiae ſtudio adductum ſubſcripſiſſe: that hee ſubſcribed beeing thereunto moved of a ſincere deſire of peace. But the ſubſcribers caſe is far more equall and reaſonable, who upon proteſtation expoſitions, &c. ſubſcribed not to ſuſpicious doctrines, but to certain ſuperfluous rites. 2. Becauſe they were loath to depriue the Church of their labours, and forſake their flockes, for theſe matters, which are though inconvenient, yet not of the ſubſtance of Religion: and hereunto agreeth the canon, utilitatis intuitu quaedam in Eccleſia Cauſ. 1. q. 7. tolerantur. Thorough the ſhew of profitableneſſe, ſome things are tollerated in the Church. The Petitioners then ſubſcribing, did not therein allow theſe ceremonies as profitable, ſeeing the ſtate intended a greater perfection, howſoever it was hindred, as may appeare by the ſtatute ſet before the booke of Common prayer, the words are theſe, Such ornaments, &c. of the Miniſters ſhal be retained, till other order ſhal be therein takē. And the book it ſelfe in the Cōmination aimeth at the reſtoring of the Diſcipline of the prim. Church. 3. And herein by ſubſcription to tolerate Subſcription of ſome excuſed. things not apparantly impious for a time: But now there is no reaſon, that ſubſcription which was yeelded to the neceſſity of time, ſhould either preiudice the ſubſcribers according to the Canon: temporum neceſſitate perfecta, hac ratione ad veniam Cauſ. 1. q. 7. c. 13. pertinere decernimus, quod geſtum eſt: what the neceſſity of the time required, in reaſon ought to be pardoned: or hinder the reformation, according to the like Canon: quod neceſſitas pro remedio reperit, &c. that which Cauſ. 1. q. 7. c. 7. neceſſitie found for a remedie when the neceſſity is removed, muſt ceaſe alſo that which is urged, for a due and orderly courſe is one thing, that which by uſurpation for the time is enforced, another. Laſtly ſome of the ſubſcribers are now of another iudgment and ſee more into the cauſe, then they did before, and doubt not to ſay with Hierome: imitati eſtis errantem, imitamini correctam: You haue followed him that erred, be you followers of him that hath corrected his error. And could wiſh that this vinculum ſubſcriptionis, as Ambroſe calleth it in another caſe, were diſſolved, as Euſebius Vercellon: cauſed Dyoniſius ſubſcription (but in an harder caſe) to bee razed out. Any of theſe reaſons will free the petitioners ſubſcribers from this uncharitable imputation of Hipocriſie, and diſhoneſty.

7. Obiect: The Church of England had Vntruth. 8. We condemn factious Sermons, &c. beene happy if it had not beene troubled with their factious ſermons, &c.

Anſw: VVe miſlike factious Sermons, & ſcurrile pamphlets, as much as theſe cenſurers of Oxford: and ſome of their frends & favorits are not free from the imputation of both: The painfull labours of the miniſters Painful Preachers not factious. petitioners in the Church of England both by preaching and writing are well knowne. And though the rule hath beene, better no preachers, then ſuch as deſired reformation (therfore miſcalled factious) yet this is our comfort to ſay with the Apoſtle: in the declaration of the truth, wee approue our ſelues to euerie mans 2. Cor. 4. 2. conſcience in the ſight of God: and herein wee ſay agayne with the ſame Apoſtle: wee paſſe very little to be iudged of you or of 1. Cor. 4. 3. mans iudgment: beeing ſory that you thus account of the freinds of the goſpell, as of enemies and cannot endure the lovers of the truth, which you profeſſe to loue. And ſo, as Augustine ſayth: res multum dolenda & miranda contingit, &c. A ſtrange Tractat. in Ioan. and heauy thing often falls out, that the man whome wee take to bee vniuſt, and yet he is iuſt; louing in him iuſtice which wee know not wee hate: & hominem bonum tanquam malum affligamus: and afflict a good man as though he were evill.

8. Obiect: The number of more then a Vntr. 9. It is not a vizard. There are not ſo few godly Preachers that wiſh reformation. thouſand is but a vizard, &c.

Anſw: The number of more then a thouſand is no vizard, as theirs is, that mask vnder the name of the heads of the vniverſity, yea of all the learned and obedient of the clergie, as the title ſheweth, whereas we know there are diuers hundred of learned, obedient, ſober, diſcreet preachers in the vniuerſities & other places of the Church that neyther like, nor allow their proceedings herein. As at the paſſing of that grace in Cambridge, whereof our brethren make mention in their epiſtle, there was not preſent the third part of the vniuerſity that gaue voyces, nor one Doctor of diuinity beſides the Vice Chancellor as we are credibly enformed. Let them firſt pull of their vizard and ſhew themſelues, they ſhould not obiect that to others which it ſeemeth they are aſhamed of, to profeſſe their names: Therefore wee may apply Auguſtines wordes a-againſt them: conferamus de medio ſi placet Lib. 1. cont. Iulian. iſta communia, &c. let us leaue theſe common matters, which may be ſaid of each ſide, though not truly of each ſide. 2. How can that be a Chriſtian & cōmendable church government under Chancellors, Officials, Cō miſſaries, Regiſters, Proctors, Sumners, which is the ſame in the forme nothing altered (the ſupremacy onely and dependancy of the Pope excepted) with that now uſed and practiſed in the Antichriſtian and papall ſinagogue. Therefore to this untrue aſſertion, wee returne no other but Hieromes anſwer: Non neceſſe habet vinci, Ep. ad Ctepant. quod ſua ſtatim profeſſione falſum eſt. That needeth no refutation, which appeareth falſe in the very relation. 3. The humble Petitioners haue done nothing malitiouſly, or iniuriouſly we wiſh that they, which thus cenſure them, were as farre from both. Hierome could haue told them: non facilis eſt venia prava dixiſſe de rectis. Pardon for Hierom. Aſellae. ſpeaking evill of that which is good, is not eaſily obtained. Thus men for their conſcience, and unfained loue unto the Church of Chriſt, are loaden with the reproach of ſedition, preſumption, diſhoneſty, hypocriſie, ſcurrility, malice, iniury. &c. A likely matter that ſuch pleaders haue a good cauſe in hand, when they begin their plea with ſuch intemperate and uncharitable ſtuffe: therein committing the ſame fault, which Origen obiecteth Lib. 7. cont. Ceſſ. to his adverſarie. Philoſophus iſte cum nos inſtruere velit calumnatur &c. this Philoſopher when he ſhould inſtruct us raileth, when in the beginning a wiſe Orator, ſhould ſhew himſelfe friendly toward his Auditors, And thus end their cenſures upon the preface.

THE DEFENCE OF THE FIRST PART OF THE PEtition concerning Church ſervice.

1. Againſt the Croſſe in Baptiſme.

1. THE Sacraments are to be preſerved in that ſimplicity and pureneſſe, wherein Ieſus Chriſt hath left them to the Church: So S. Paul ſaith: I haue received of the Lord that which 1. Cor. 11. 23. I delivered unto you. S. Paul ſo great an Apoſtle innovated nothing, but delivered that onely which he had receiued: And this is the Lords own charge: ye ſhall put no thing thereto nor take ought ther from: therefore Cyprian ſaith well: ne que aliud fiat a nobis Deut. 12. 32 Cyp. lib. 2. Epist. 3. quam quod pro nobis dominus prior fecit. We may not do any other thing (in the miniſtration of the ſacraments) then the Lord himſelfe hath done before us.

But Ieſus Chriſt commanded onely to baptize with water in the name of the Father & of the Son, & of the H. Ghoſt not to ſigne with the ſigne of the croſſe. Mat. 28. 19. The commiſſion is: Go and baptiſe, waſh with water. And this the diſciples obſerved: here is water what doth let but that I Act. 8. 36. & 38. may be baptiſed, and they went both into the water, & he baptiſed him. Philip did no more. Peter Martyr is cleare for this. The Peter Martyr loc. com: 4. c. 9. word and the water (ſaith he) make the ſacrament the other things, which were added after, came from the B B. who where too much addicted D. Fulke in Rhem. Test. Luk. 44. 50 to ceremonies. D. Fulk likewiſe ſpeaking of the ſigne of the croſſe, ſaith: it can not be a convenient memoriall of Chriſt, becauſe Chriſt commanded it not.

Therefore the croſſe in baptiſme departing from the ſimplicitie and plainneſſe of our Lord Ieſus inſtitutiō is to be reiected.

2. If the croſſe be ſuperſtitious and popiſh in the one ſacrament, then it cannot be convenient nor Chriſtian in the other, according to the rule de ſimilibus ſimiliter iudicandum: In the like caſe, the like iudgement is to be paſſed, which our Saviour Chriſt uſeth.

But in the ſacrament of the ſupper the croſſe was taken by the church of Eng. to be ſuperſtitious, and popiſh, and therefore Math. 12. 3 Aug. tract. 108. in Ioan: Miſſal. Rom. extruded, though ſome of the Fathers and the Popiſh Church had brought it in before.

Therefore by the ſame rule the croſſe in baptiſme ſhould haue been removed alſo.

3. That which hath been idolatrouſly abuſed in popery, and hath no neceſſarie uſe in Gods Church ought to bee removed: As Ezechiah pulled down the braſen 2. Reg. 〈◊〉 ſerpent becauſe the people made and Idol of it. This hath been the iudgement of The Church. Tertullian ſhewes at large, Tertul. de coron. Milit. then when things indifferent haue been abuſed by Pagans, & Idolaters, Chriſtians may not uſe them, unleſſe they haue Gods warrant for them. And Auguſtine ſhewes Aug. epist. 86. ad caſul. Iewel. defen. of Apol. p. 441. diſtinct 63. quia ſancta. that the Church of Chriſt left to faſt upon the Lords day, becauſe the maniches had taken up, that day to faſt on, worthy Iewel ſhewes many examples of the like: Nay the very Popes law reſolveth thus: that if ſome of our praedeceſſours haue done thoſe things, which were well in their times, and yet afterward they be turned into errour, and ſuperſtition, they muſt without any delay be reformed.

But the croſſe hath been Idolatrouſly Whit. cont. Bell. deſcrip. c. 6. Ra • n. confut. 586. Bellar. lib. de ſacr. author. apud. Aug. ſect: 59. abuſed in poperie as our beſt writers ſhew) yea the verie croſſe in baptiſme to bee a defence and muniment againſt the Devill. de Conſ. diſtinct. 4. poſtea &c.

Therefore there being no neceſſarie uſe of it in the Church of God, it ought to be removed.

4. It is not lawfull for any either man or Angell to add any thing to the ſubſtance Gal. 3. 15. of the ſacrament: For as well they might ad to the tenure of the Covenant as add to the ſeale whereby it is confirmed.

But the adding of the croſſe in baptiſme is an addition to the ſubſtance. Therfore it is not lawful for any to do it.

The aſſumption, or ſecond propoſition is proved thus.

To add a ſacramental ſigne to the ſacrament, is to add to the ſubſtance of it.

But the croſſe in baptiſme is made a ſacramentall ſigne: ſigna (ſaith S. Auguſtine) cum adhibentur ad res ſacras ſignificandas ſacramenta vocantur. Signes when they Aug. epiſt. 5. are uſed to ſignify Sacred things, are called Sacraments. But the croſſe in baptiſme is taken up to ſignifie a holy thing, namelie our conſtant profeſſion in Chriſt, that we ſhall not be aſhamed to confeſſe Chriſt The ſacramēt of baptiſme robbed of his ſignification, and the ſame attributed to humane invention, viz. the Croſſe. Aug. Epist. 119. c. 18. crucified and to fight under his banner &c.

And ſo by conſequence, it is an addition or ſubſtance of a ſacrament, which is utterly unlawful. Auguſtine ſhewes the care of the Church in his time this way: epi. ad Ianuar. where ſpeaking of waſhing of feet which was uſed of ſome when they came to be baptized: Multi hoc in conſuetudine recipere noluerunt, ne ad ipſum baptiſmi ſacr. crederetur pertinere: nonnulli de conſuetudine auferre non dubitarunt: Many would not receiue into uſe, and many tooke it away, where it was uſed, leſt it ſhould ſeeme to belong to the very Sacrament of Baptiſme: So religiouſly carefull were they, leſt they might ſeeme to make any addition to the ſacrament.

1. Obiect. The Croſſe in Baptiſme is a moſt Anſw. to the petition. p. 11. ancient ceremony.

Anſ. To ſay it is ancient it is too much, but ſay it is moſt ancient is moſt untrue: Mea antiquitas eſt Ieſus Chriſtus: my antiquty Ign. epiſ. 6. is Ieſus Chriſt (ſaith Ignatius the bleſſed Martyr:) Now who knows not, that to uſe no croſſe in baptiſme is more ancient then to uſe the croſſe? And therfore if the Lords rule may hold: ask & enquire for the Ier: 6. 16. old way for that is the good way: or that of Tertul. quodcunque primum, id utique verum. That which was frſt, that is the truest; it Tertull. de preſcript. muſt needs bee better to baptize with no croſſe, as Chriſt and his Diſciples did, rather then with the croſſe, as ſome haue done in later time.

But a little to ſearch the antiquitie of it, we muſt firſt agree what croſſe it is which wee ſo oppugne, and our brethren ſtand for. To croſſe the water in baptiſme? or to croſſe the child in baptiſme. To croſſe the water is ſuperſtitious (though the Fathers liked it) and therefore the Church of England hath removed it. To croſſe the childe in baptiſme hath not one authority in all antiquity that wee can read of. In Iuſtin Martyrs time there was no Iust. apol. 2. Tertul. de coron. Milit. D. Rain. confer. p. 581. ſuch thing. In Tertullians time, Chriſtians began to Croſſe themſelues with the ſigne of the croſſe, but it was not yet crept into the ſacraments (as a learned writer hath well obſerved) for in his booke de Corona Militis, where he mentioneth other ceremonies that were uſed in baptiſme, as milke, honey, &c. he makes no mention of the croſſe. And lib. de Baptiſ. entreating profeſſedly of this ſacrament Tert. de bapt. and the ceremonies of it, he hath not one tittle of the croſſe. In Chryſoſtomes time Chryſ. hom. quod Chriſtus ſit Deus. the croſſe was crept further (as all ſuperſtition will winde up like Ivy) In ſacra menſa, &c. crux fulget: In the holy Supper the croſſe appeares in his glory: but yet Aug lib. 1. confeſſ. c. 11. & de ſymb. ad Catecheſ. l. 4. c. 10. it was not impreſſed in the foreheads of ſuch as were baptiſed. In Auguſtines time the Catechumeni were ſigned with the ſigne of the croſſe before baptiſme, but no ſuch ſigne was uſed when they came to be baptized; and therefore unleſſe better authority can be brought, then wee know of, or Popiſh Bellarmine either, Bellar. lib. 2. imag. c. 29. (who hath raked all corners to helpe himſelfe) we thinke the croſſe in baptiſme will be faine to fetch his pedigree out of the Popes Maſſe booke, if happily it be able to deduce it thence.

2 Obj. We muſt needes haue ſome ceremonies in the adminiſtration of the Sacrament, why then not the croſſe?

Anſw. VVe grant that ſome ceremonies may be uſed: but if all be uſed, why then not creame, oyle, ſalt, and ſpittle? &c. Lumb. 4. dist. 3. for the Papiſts make but ceremonies of thoſe. And therefore it doth not follow, ſome ceremonies may be uſed, therefore the croſſe in baptiſme may be uſed. It is evident then, that there muſt be a choyce. VVell, let us ſee what muſt be the rule. The ceremonies that muſt be uſed, muſt haue three conditions.

1. They muſt be ſuch as ſerue for comelineſſe and order ſake, as the Apoſtle ſaith, Let all things he done comely and in order. 1. Cor. 14. 40. But the croſſe in baptiſme is not ſuch: for if it make a Decorum in the Sacrament, then Chriſt and his Apoſtles, and all the reformed Churches of Geneva, Scotland, France, Helvetia, Belgia, Poland, &c. that uſe it not, muſt cōmit an Indecorum, which were abſurd to affirme. Thus Peter Pet. Mart. claſſ. 4. c. 9. Martyr diſputes againſt the ſchoolemen, who affirmed that the word and water Pet. Mar. claſ. 4. c. 9. were of the eſſence of baptiſme; but the reſt that were added, oyle, &c. did facere ad honeſtatem, & decorum Sacramenti, make to the honeſting and adorning of the Sacrament. Admit this (ſaith he) then it will follow, that Iohn and Chriſt, and the Primitiue Church hath baptized indecently, diſorderedly, &c. Quia eorum baptiſmus iſtis omnibus carebat: Becauſe their baptiſme wanted all theſe things.

2. The Ceremonies muſt not be ſcandalous and offenſiue, eſpecially to our 1. Cor. 10. 32. brethren, and to Gods Church, but the croſſe is offenſiue and ſcandalous both to other Churches that account it a prophanation Szedig. loc. comm. p. 169. of baptiſme, and to godly and good men at home among our ſelues: yea M. Calfeild ſaith againſt the Papiſts, that to croſſe with the finger is both an idle ceceremony and unlawfull to. Calf. in anſw. Pet. Mart. loc cit. to the treatiſe of the croſſe. art. 2, p. 49.

3. They muſt not be idle and needleſſe ceremonies, but to ſuch onely, as be needfull. See the whole Senate of the Apoſtles conclude in their councell. It ſeemed good to the holy Ghoſt and to us to Act. 15. 28. lay no burthen upon you, praeter neceſſaria haec, beſide theſe neceſſary things: but the croſſe in baptiſme is not neceſſarie either ad eſſe to the being, or bene eſſe, to the wel being of the Sacrament not ad eſſe, the very papiſts confeſſe: nor ad bene eſſe, becauſe the Sacrament may be well enough Lumb. ut ſupra. without it, as the very booke confeſſeth in private baptiſme where no croſſe is uſed yet the miniſter is preſcribed to ſay: I certifie you that ye haue done well, and according Common booke cap. of priuat bapt. to due order &c. though they haue not croſſed.

VVherfore (moſt Noble King) 1. ſeing the croſſe in baptiſme is a departing from the plaine & ſimple inſtitution of our Saviour Chriſt. 2. Seing it is thruſt out of the other Sacrament to which it had as good right as to this. 3. Seing it was idolatrouſly abuſed in popery, & hath no neceſſary uſe now. 4. Seing it encroacheth upon the very ſubſtance of the Sacr. 5. Seing it is but a late device hatched by the Pope. 6. ſeing it is not a ceremonie pertaining to the decencie of a Sacrament. 7 ſeing it is ſcandalous and offenſiue to many good Chriſtians both preachers and people. Laſtly ſeing it is an idle and needleſſe ceremonie and ſo not warranted either in genere or in ſpecie either in generall or in ſpeciall termes (as all the true worſhip of God muſt be) we moſt humbly beſeech Deu. 4. 2. & 5. 32. your highneſſe in the loue you haue to preſerue the Sacraments of the Lord Ieſus in ſuch puritie as he hath left them, that you will doe as good K. Ezekiah did who cleanſed the houſe of God, and caried 2. Chr. 29. 16 out the filth of it into the brooke Cedron.

2 Againſt Interrogatories in Baptiſme.

1. TO utter an untrueth in ſuch a place, & in ſuch a preſence, & in ſuch an action ſo ſerious cannot be but a great and greevous ſin, according to that, thou haſt not lied to men but to God. But to ſay, as the book preſcribeth in the Act. 5. 4. Com. Book. cap. of Bapt. name and behalfe of the infant: that it beleeues al the articles of the faith, that it deſires, to be baptized into the faith of Chriſt, is a great untrueth, becauſe the little infant neither beleeueth, nor deſireth any ſuch like thing: Nay (as Auguſtine ſaith) Aug. Epiſt. cap. 7. quando ijs Chriſtiana gratia ſubvenitur vocibus quibus poſſunt & motibus reluctantur; they ſhew themſelves unwilling to bee baptiſed.

Therefore to affirme this, It cannot be but a great and greevous ſin.

2. That which giveth ſtrength to errour and hereſie in Chriſtian wiſdom ought to bee avoided according to that: non pones ſcandalum coram caeco. Thou ſhalt not put a ſtumbling-block before the blinde. Leu. 19. 14.

But to affirme that the child beleeveth all the articles of the Chriſtian faith, is to giue ſtrength to their errour that thinke Rom. 10. 17 Aug. ep. 57. children haue faith, which indeed they haue not, as both the Scripture ſheweth, and the Fathers.

Therefore in Chriſtian diſcretion and wiſdom this occaſion of errour is to be avoided.

3. If the Infant be to be baptized into Abraham circumciſed his ſeruant as well as his ſonnes. Gen. 17. 13. the faith of the parent, or of ſome, that will undertake to be as a parent to it, then it ſuffiſeth the father or hee that will undertake to be as a parent, to make confeſſion of his faith.

The Antecedent is true becauſe as the covenant runnes ſoe runnes the ſeale of the couenant, but the couenant is made with the father in the faith of the father not with any relation to the faith of the child, as appeareth by that, I will bee thy Gen. 17. 7. God, and the God of thy ſeed. Therefore it is ſufficient for the father, or he that will be in ſtead of the father, to make confeſſion of his faith, becauſe as the ſcriptures ſhew, it is the faith of the parents that brings the childe, within the compaſſe 1. Cor. 7. 14 of the covenant of grace.

Ob. The interrogatories be moſt ancient.

Anſw. Antiquitie without verity is but vetuſtas erroris, oldneſſe of errour, as Cyprian Cypri. ad Pomp. & lib. 2. ep. 3. ſpeaketh, and again. Non debemus attendere quid aliquis ante nos faciendum putaverit, ſed quid qui ante omnes eſt Chriſtus prior fecerit, neque enim hominis conſuetudinem ſequi oportet, ſed Dei veritatem: we are not to regard what any one hath thought good to do before us, but what Chriſt did firſt before all, neither ſhould we follow the cuſtom of men, but the trueth of God.

Oyle in baptiſme is ancient as appears by Tertullian and Cyprian ſo is exufflation uſed of the Church, as Auguſtine ſpeaks: Tert. de reſuſ. Carn. Cyp. lib. 1. epiſt 22. Ang. lib 2. de imp. & corrup. c. 18. Ang. lib 1 de pecat. & remiſ. c. 24. Mald. in Ioh. toto orbe diffuſa, in qua ubique omnes baptizandi infantuli exufflantur. And yet the Church of England for good cauſe hath refuſed both. In Auguſtines time and long before the Sacrament of the Lords Supper was giuen to Infants. Maldonatus the Ieſuite confeſſeth it was ſo, and that with opinion of neceſſity that children periſhed that died without it. And yet the antiquitie of this cannot make it good, as being contrarie to the doctrine of Paul: Ergo, every thing that is ancient is not 1. Cor. 11. 28. therefore by and by currant.

2. It cannot be proved that the uſe of interrogatories is moſt ancient, we reade in ſcripture of interrogatories miniſtred to Act. 8. 37. Tert. de. ſpec. c. 4. ſuch as were of years and diſcretion, as to the Eunuch. Si credis &c. Credo. If thou beleeueſt, &c. I beleeue. And Tertul. ſaith: aquam ingreſſi Chriſtianam fidem in ſuae legis verba profitemur renunciaſſe nos diabolo ore noſtro conteſtamur. Being to be baptized, we profeſſe the Chriſtian faith according to the words of the law, we ſolemnely profeſſe with our mouth, that we haue renounced the Divell. But of any Interrogatories that were miniſtred to Infants, we read not at all in the book of God.

3, Though the Fathers mention this uſe, yet that many diſliked it euen in their times appeareth by Tertullian himſelfe, lib. de bape. who wiſheth that infants may be kept till they can make their own anſwer, leaſt we promiſe that for thē which they wil neuer perform. And Boniface the BB. moues the doubt to Aug. & argues againſt it, whē the Aug. epiſt. 23. witneſſes ſay, the infant beleeues: dicunt eos facere &c. they ſay they do that wch that age is not able to think. 2. If they do beleeue yet it is a thing unknown to us. 3. If a man ſhould by and by ask the witneſſes of the child whether it ſhall be a theef or no, they will anſwer they cannot tell, and if they cannot tell this, how can they tell, that it will beleeue. Auguſtine a man ſo learned that he could haue helped the cauſe, if there had been any helpe in it reſolues the matter very weakly: habet fidem. .i. ſacramentum fidei. the infant hath faith. Com. books c. of baptiſ. .i. hath the ſacrament of faith: And yet by our booke, the witneſſes are cauſed to ſay, it doth beleeue, and it hath faith before it hath the ſacrament of faith: .i. the water of baptiſme powred upon it. Therfore Bucer one of their own authors, better reſolues the point, ſhewing that it is Buc. lib. 1. de reg. che. c. 5. fitteſt for thoſe that be of yeares and diſcretion to make promiſe of obedience at the ſame time whē they be baptiſed. But that children doe it after they haue been catechiſed and taught the doctrine of Chriſt: And ſo Szegedinus ſi baptizandus Szeg. de. bap. p. 167. eſt infans, nec fides, nec fidei confeſsio ab illo poſcatur: abſurdū enim eſt id requirere ab infante, quodnec Deus ipſe ab illo requirit, nec ille per aetatem habere nec exprimere poteſt. Bez. in conf. c. 4. 48. Of the ſame iudgement is Beza.

VVherfore (moſt noble King) 1. Seing the interrogatories giue men occaſion to utter an untrueth before the Lord. 2. Seing they giue ſtrength to their errour that thinke children haue faith, which indeed they haue not. 3. Seeing the infant is not baptized into his own faith, but into the faith of his father or ſuſceptor. 4. ſeing it is ridiculous to ſay, they do that which in the iudgment of any reaſonable man they cannot doe. 5. ſeeing the firſt and beſt Churches knew them not. Laſtly, ſeing thoſe Churches that received them, yet had many learned and good men, that upon good grounds diſliked them, we truſt your Maieſtie will eſtabliſh that which ſhall bee more pleaſing to God, and better liking to your beſt affected ſubiects.

3. Againſt confirmation.

1. VVHere the gift is ceaſed there the ceremony and the ſigne muſt ceaſe alſo as annoynting of the ſicke uſed in the Apoſtles time is now ceaſed becauſe the miraculous gift of healing is ceaſed, Iam. 1. 14. but the gift of giving the graces of the HOLIE GHOST, by impoſition of hands is now ceaſed; as Auguſtine ſaith: neque enim temporalibus & ſenſibilibus miraculis per manus impoſitionem Aug. lib. 3. de Bapt. c. 16. modo datur ſpiritus ſanctus, ſicut antea dabatur &c.

And therfore ſeing the miraculous gift is ceaſed, this kind of Impoſition of hands which is the ſigne of it, muſt ceaſe alſo: This is Chemnitions reaſon againſt the popiſh ſacrament of confirmation, and ſo Chemnic. in exam. fid. de. confu. M. Calf. art. 4. treat. of. the croſſe. likwiſe that learned man M. Calfield ſaith, Laying on of hands ſerued to good vſe then when it pleaſed God at the inſtance of the Apoſtles prayers to conferre the viſible graces of his ſpirit: But now there is no ſuch miniſtrie in the Church: now that miracles be ceaſed to what end ſhould we haue this impoſition of hands, the ſigne without the thing.

2. To bring in a new ſacrament, beſyde thoſe two which Ieſus Chriſt hath ordayned, is utterly vnlawfull: But confirmation as it is preſcribed by the booke is made a new ſacrament beſide thoſe two which Ieſus Chriſt ordained: therefore confirmation, as it is preſcribed by the booke is utterlie unlawfull.

The aſſumption or ſecond propoſition is proued thus. That which is made an outward ſigne, and ſeale to aſſure of Gods loue and favour, that is made a ſacrament in moſt proper ſenſe, as both the ſcriptures ſhew and our own articles of religion defining Rom. 4. 11. Arti. relig. 25. the ſacraments to be ſure witneſſes and effectuall ſignes of grace and of Gods goodwill to us: but the impoſition of BB. hands is made a ſigne to aſſure us, of Common. booke c. of confirm. Gods favour and gracious goodneſſe to us, (ſo be the words of the book:) therefore it is made a ſacrament in moſt proper ſenſe: But this is unlawfull: and therefore this kind of confirmation is unlawfull; & yet the poore miniſters of Chriſt, were urged and enioyned under moſt greevous penalties to ſubſcribe to all.

3 That which is the generall duty of all the miniſters of the Goſpell ought not to be made the particular duty of ſome few of them.

But to confirme Chriſtians in the faith of Chriſt is the generall duty of all the 2. Theſſ. 3. 2 Ezek: 34. 4 Eph. 4. 12. 13. Hier. ad. luci miniſters of the Goſpell: as appeareth by the Scriptures.

Therfore it ought not to be made the particular duty of ſome few of them. Hierome ſaith plainly of confirmation by BB. diſce hanc obſeruationem potius ad honorem eſse ſacerdocij quam ad legis neceſsiatē. Know that this order is rather for the honor of prieſthood then neceſsity of Law.

Object. 1. It can not be amiſſe that BB. pray over the children.

Anſw. 1. To thinke the BB. prayers be more holy then any other mans, is ſuperſtitious: the ſcriptures tell vs, that if any man be a worſhipper of God, the Lord heareth Act. 9. 31 him, be he BB. or preacher. 2. they do not onely pray ouer them, but impoſe hands upon them, that by means therof they may com. book c. of Confir. receiue ſtrength againſt all the tentations of ſinne, which is to take that power to them which the Lord neuer gaue them, contrarie to that which is written: No Io. 3. 27. man can receiue any thing unleſſe it bee given him from aboue.

Obj. It is meete that ſuch as bee baptized make open profeſsion of their faith, that it may appeare how they haue profited, and that they may be further confirmed therein.

Anſ. All this may be done without any ſuch ceremonie by diligent catechizing 1. Pet. 22. Act. 20. 32. and teaching in every congregation: and if there needed any confirmation who are more fit to do it, then the paſtor of every congregation, who beſt knoweth the profiting of his ſheep.

4. Againſt baptizing by women.

HEre we both agree in the doctrine that women ought not to baptize. Our brethren ſay, fieri non debuit; women ſhould not haue taken upon them Anſw. to the petition. p. 11. ſ. 2. to baptize, but yet exception is taken to our ſpeach.

Exception.

The book of common prayer doth not preſcribe that baptiſme ſhould be adminiſtred Anſw. ibid. by women.

Anſw. Yea but if the booke permit it though it do not preſcribe it, it is more then true divinitie will warrant. Now whether the booke ſeeme not to encline that way let it be conſidered by theſe reaſons.

1. By the booke the Prieſts and Curats are commanded to warne the people, that without great neceſſity they baptize not children at home in their houſes and when great need ſhall compell them ſo to doe, that then they miniſter it on this faſhion.

2. This ſame they (they that miniſter it) is a relatiue; therfore if they look back to to find the antecedent what will meete us, but (they) whom the Prieſts and Curats warned not to baptize their children at home: but they whom the Prieſts and Curats warned not to baptize their children at home, were the people, yea the vulgar people, not miniſters: and therefore they that be permitted by the booke to baptize, bee the people, yea the vulgar people.

3. If the chyld liue it is to be brought to the church by order of the booke and there the miniſter is to examine who baptized it, which were a folly if the miniſter had done it himſelfe, and further with what words it was baptized, which were as fond if it were baptized by an ordinary miniſter of our Church.

4. The booke preſcribeth no more but that they that be preſent call uppon God and uſe the right forme N. I baptize thee &c. ſo that theſe two things bee obſerved by the midwife, or whoſoeuer preſent, the miniſter is to certifie them by order of the booke, that they haue done well and according to due order.

5. The child is ſuppoſed by the booke to be baptized by ſuch as happily knew not what they did in that great feare and trouble of mind, but ſuch as be ſo greatly feared and troubled at ſuch times be not the miniſters who haue nothing to do in thoſe actions but the wiues and ſuch as be preſent at ſuch times: therefore they bee not miniſters, but the people yea the very women that bee permitted to baptiſe in ſuch times of neceſsity.

VVherefore (moſt noble king.) Seeing the booke ſeemeth to carry this ſenſe and Math. 28. 9. to warrant that which the word of Chriſt never approved: VVe moſt humbly entreat that it may bee either quite remooved, or better explained.

5. Againſt the Cap and Surplice.

1. THE Maſsing garments in poperie bee no fit garments for the miniſters of the Goſpell according to that charge of the Lord: you ſhall pollute Iſ. 30. 22. the coverings of the images and the rich ornaments, &c. and ſay unto it, get thee hence: and againe, hate even the garment ſpotted by the Iude. 21. fleſh. Hence it was that Iacob when hee reformed the idolatrie of his houſhould, Gen. 35. 2: he made them alſo to change their garments.

But the ſurplice is one of the maſsing garments in poperie, as both the Proteſtants Fox. martir. p. 501. & 853 and popiſh writers ſhew. M. Fox for the Proteſtants, who declares, that when a Popiſh Prieſt was to bee degraded they took away the ſurplice from him, as one of his prieſtly garments. For the Papiſts, Innocentius and Durandus, who bring in the popiſh Prieſt ſo apparelled to his Innoc. myst. miſſ. lib. 1. c. 10. Duran. lib. 3. c. 1. in rationall. Maſſe: therefore it is no fit garment for the miniſters of the Goſpell. Tertullian confirmes this reaſon, ſhewing that Chriſtians ought not in outward things to conforme themſelues unto Idolaters, no not in wearing a garland of flowres: Nihil (ſaith he) dandum eſt Idolo, ſic nec ſumendum ab Idolo, ſi in Idoleio recumbere Tertul. de. corou. milit. alienum eſt à fide, quid ni Idolei habitu videre? &c. Nothing is to be given to the Idol, ſo neither to be taken from the Idol: if to ſit down in the Idol-temple be ſtrange from the faith, why not to bee ſeen in the Idols habit?

2 That ſimplicity and plainneſſe which Chriſt and the Apoſtles, and the Fathers in the beſt time of the Church uſed is fitteſt and meeteſt for the miniſters of Chriſt, according to that, From the beginning it was not ſo, where our Saviour Mat. 19. 8. Chriſt teacheth us to reduce and bring things backe to their firſt originall.

But our Saviour Chriſt and the Apoſtles, and the Fathers in the beſt and pureſt times of the Church, had neither cap nor ſurplice to miniſter in:

Therfore that ancient uſe is fitteſt to be retained ſtill: That Chriſt and his Apoſtles Luc. 4. 16. had no miniſtring garments, it appeareth Luk. 4. where our Saviour Chriſt entred into the Synagogue, and ſtood up to read, the miniſter brought him not a ſurplice, but a book. And when Paul and Barnabas entred into the Synagogue, and Act. 13. 36. the Ruler ſent to them to preach, they ſtood up without any more ado. P. Martyr Pet. Mart. claſ. 4. c. 1. is cleere for this: Papiſts (ſaith hee) deſpiſe us, becauſe wee haue no prieſtly garments, when Chriſt & his Apoſtles had none neither. So likewiſe Epi. ad Hooper, Defence of Apol. p. 401 Walfr. de exord. & in ca. Eccleſ. c. 24 B. Iewel brings authorities to proue it, Walafridus and others, to ſhew that the Maſſing garments came in by little and little: So at firſt men celebrated in common apparrell, as certaine of the Eaſt Churches are ſaid to doe at this day. M. Fox Mart. p. 5. Fox likewiſe ſaith, That in the Apoſtles time little regard was had of dayes, or meates, or apparrell, &c. And therefore ſeeing Chriſt uſed no diſtinction of apparell, herein wee deſire but to bee like our maſter.

3. That which doth not add grace and comelineſſe to the miniſtery of the Goſpell, but maketh it ridiculous, is to be removed: But ſo do the Cap and Surplice; it makes the miniſter of the Goſpell ridiculous: for firſt it brings him in like a Popiſh prieſt. Elias was known to be a 2. King. 1. 8. Prophet becauſe he went like a Prophet, i. in a Prophets garment: ſo if men would haue the people take us for Miniſters of the Goſpell, why bee wee ſtill apparrelled like Popiſh prieſts. Secondly, this kinde of white apparrell is now grown into diſgrace in our Churches, becauſe none but harlots that doe penance, come ſo attired into the congregation, and therefore ſeeing the ſurplice doth not add any grace unto the Miniſter of the Goſpell, but maketh him ridiculous, it is therefore cleare that it is to be removed.

4 That kinde of garment which procureth ſcruple of conſcience to divers that weare it, offence to many good Chriſtians that behold it, comfort to the Papiſts that loue it, loſſe to the Church of the labours of many worthy men, ought not to be uſed.

But ſuch is the ſurplice, as daily experience teacheth. Therfore it is not to be uſed

1. Obj. To leaue every man to his owne Anſw. to the Petit. p. 11. ſect. 3. liberty implies confuſion.

Anſw. No confuſion at all: for if our brethren will hold them to their owne grounds, if the ſurplice be not urged by Princely authority, they may not uſe it: for when the learned man whom they tearme T. C. had demanded why the Biſhop Thomas Cartwright. Synod. Loud. anno 1571. cap. de Decanis. Doct. Whit. p. 283. in the Synod Anno 1571. had taken away the gray Amice, as a garment ſpotted with ſuperſtition, and left the ſurplice which had been more filthily abuſed in Popery, the Reuerend Archbiſhop replies, that the Biſhop took it away becauſe it was not eſtabliſhed by any law of this land. And ſith herein in our mind the Biſhop did well in it, that they will not ſuffer any rite or ornament to be uſed in this Church, but ſuch onely as are by publike authority eſtabliſhed, and therefore as we ſay, if they will ſticke to their owne grounds, if the king do not urge the ſurplice by law, they muſt not uſe it.

2. Obj. Doe not their own words import, Anſw. to the petit. p. 11. that they may bee well uſed ſo they bee not urged.

Anſw. 1. That they may be uſed is one thing, that they may be well uſed is another. Many things may bee tolerated, which cannot be iuſtified. 2. The conſequent is not good: for if they be not urged by authority, then they may not bee uſed, as before is ſhewed.

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3. Obj. What is there in the Cap or Surplice Anſw. ibid. that ſhould offend any man of iudgement? Bucer, P. Martyr, Auguſtine, Calvin.

Anſw. Then be like our brethren take all that be offended at the ſurplice to bee men of no iudgement. Rev. Iewel, a man as of more learning, ſo of more modeſtie Defence Apol p. 399. & loue, confeſſeth that there were godly learned men that refuſed the apparell and that they had their grounds, and reaſons from authoritie to do ſo: and our preſent Arch. BB. profeſſeth there were ſome that never received the apparell, whom (ſaith ibid. p. 400. Doct. Whit. pag. 289. he) I for my part haue alwayes reverenced, and do reverence not onely for their ſingular vertue and learning; but for their modeſtie alſo. Peter Martyr their own author, Pet. Mart. ep. 3. amico cuidam. reſolveth, that though the ſurplice may bee tolerated till things become to ſome ſtay, yet it were much better that it were removed: I (ſaith he) writing to a friend in England) thinke as you doe, that theſe things being indifferent of themſelues make not a man either good or bad, but as you alſo thinke, ſo I thinke it more convenient, that that garment, and many things of that kind, cum fieri commode, poterit auferuntur. i. that when conveniently it may bee done they be removed: & in the ſame epiſtle here quoted, I like well (ſaith he) if you deſire that Chriſtian religion ſhould aſpire again to chaſte & ſimple pureneſſe: for what ſhould all godly men more wiſh for: and to ſpeak of my ſelfe, I hardly ſuffer my ſelfe to be drawn frō that ſimple & pure uſe, which we all long uſed at Strasburgh, where differēce of apparell in regard of the miniſtrie was taken away, that manner as being the plainer, and eſpecially ſavouring of the Apoſtolike Churches: I haue alwayes approved above all others, and I pray God that it may be long continued there, and whereſoever the Church of Chriſt is reſtored, it may at length be received: and therfore if the matter may paſſe upon this worthy mans verdict, we ſhall ſoone agree.

Hemingius ſhewes, that the miniſters Claſ. 3. c. 16 of the Goſpell in theſe parts utterly refuſed the ſurplice, becauſe although the thing in it ſelfe were indifferent, yet the abominable abuſe of it in popery had made it not indifferent.

Oſiander ſpeaking of popiſh garments Cent. 3. lib. 3. c. 14. brought in by a falſe decree of Steuen, Quod (ſaith he) profecto nihil aliud eſt, quam umbras leviticas in clara luce Evangelij in Eccleſiā ſtulte reducere, et ex Chriſtianis hac quidē in parte Iudaeos facere. Which in truth is nothing elſe then to bring into the Church ſhadows in the cleare light of the Goſpell, and to make in this reſpect of Chriſtians Iewes. As for Auguſtine and Calvin they onely affirme againſt the Anabaptiſts, and their like, that ſome things uſed by idolators and heathens may be uſed of Chriſtians, namely ſuch things as haue a neceſſarie and honeſt uſe, as wee may uſe the ſame Churches, Bels, pulpits, that were uſed in popery, but to infer of this, that therefore we may uſe the Surplice, is as weak a reaſō, as if a man ſhould gather that therfore we may uſe all the other traſh, Auguſtine reſolueth well: Egiptij (ſaith he) they had Aug. l. 2. de Doct. Christ. cap. 40. their idola & onera their idols and their burthens. And they had alſo vaſa & ornamenta veſſels & ornaments of gold, ſilver. &c. The I ſraelits abhorred their Idols and their burthens, but their veſſels and their ornaments of gold and ſiluer they turned to a better uſe: he ſhews his meaning after, that Idolaters and heathens haue ſome profitable, and good things, and thoſe we may uſe; and they haue ſome Idolatrous and burthenous things, and thoſe we may not uſe, in which number becauſe the ſurplice is, therefore by S. Auguſtine rule, we may not uſe it.

VVherefore (moſt noble king) ſeing the ſurplice is one of the maſſing garments in popery, an habit not beſeeming the Miniſters of the Goſpell. 2. ſeing Chriſt and his Apoſtles and the Fathers in the better times of the Church made no diſtinction in apparrell. 3. Seeing it doth not grace the miniſtery, but make it ridiculous to the people. 4. Seeing it offendeth the Proteſtant, and giues hart unto the Papiſt. 5. Seeing the gray Amice and other Popiſh garments are gone that could haue made as good a plea for themſelues as the Surplice can. 6. Seeing men of excellent learning and iudgement, in ſundry Chriſtian kingdomes reformed, haue diſliked it as comming too neere to the Popiſh faſhion: wee truſt your Princely Maieſty tendring the diſtreſſe of your Preachers, the peace of the Church, and the edification of your people, will remoue this ſtumbling-block, that a number of faithfull and good labourers either extruded or diſcouraged by ſuch occaſions, may returne againe unto the Lords worke.

6 For examination before the communion.

THat examination ſay they) where need Anſw. to the petit. p. 11. is, ſhould goe before the communion, who diſliketh? And to haue it where no need is, who requireth? Therefore let vs reſt in this: not ſo neither, but two exceptions be taken to our ſpeech.

Except. 1. That none ſhould be admitted Anſw. ibid. to the bleſſed Sacrament, of what ſtate or condition ſoever he be, except they were firſt examined, were iniurious, &c.

Anſw. Then this is our brethrens meaning, that though there bee need, yet if he be an old man, or a man of any wealth or account, though there be need, and the man never ſo ignorant, blockiſh, and prophane, yet it is iniurious & inconvenient to take any tryall of him; as if a man becauſe he is old, or rich, or beareth ſome ſway, may therefore come ſtill to his iudgement, or as if we could be ſo excuſed 1. Cor. 11. 29. Mat. 24. 45 before God for giving the bread of the houſhold to ſuch as in our conſcience and knowledge belong not to it, onely becauſe they are old and rich. Our maſter chargeth us without diſtinction, Mat. 7. 6. Giue not that which is holy unto Dogges. Chryſoſtom hath a goodly ſaying: If (ſaith Chriſ. hom. 83. in Mat. he) the keeping of a moſt cleare and ſweete fountaine were committed to thee for thy ſheep to drinke at, and a ſort of ſwine ſhould come to puddle it, and to foule it with their feet, wouldst not thou reſtrain them? wouldſt thou ſuffer them to diſcend into it? Behold, not a fountaine of water, but a fountaine of the bloud & of the Spirit of Chriſt, is comitted to thy keeping, and wilt thou ſuffer wicked & vile ſinners to deſcēd into it & pollute it? And ſo he concludes: If thou dareſt not prohibit the unworthy, Dicito mihi, &c. ſanguinem meū profundi potius patiar, quam •• the place. ſacratiſſimum illum ſanguinem praeterquam digno concedam. I had rather ſuffer mine own bloud to be powred out, then that moſt holy bloud of Chriſt ſhould bee given to any unworthy perſon. Bucer doth much complaine of the neglect of this, that ſome lib. 1. de regn. Chriſt. c. 4. miniſters will let all come to avoyd their owne trouble, &c. The place is worth reading: yea, our owne Biſhops haue decreed ſpeaking of the miniſter, Ad myſteriorum Synod. Lond an. 1571. cap. cancal. communionem neminem admittet, qui catechiſmum & articulos fidei non didicerit. He ſhall admit none to the partaking of theſe myſteries, &c. which hath not learned the Catechiſme and Articles of faith. And again, in catechiſmo inſtituant, & omnes ſuos omnium aetatum at que ordinum non tantum puellas & pueros, ſed etiam ſi opus eſt grandiores. Let them inſtruct in the catechiſme all theirs, of all ages and degrees, not onely boyes and girles, but even the elder ſort alſo if there be need.

2. Except. To examine every man, &c. Anſw. to the petit p. 12. ſect. 4. after the Conſiſtorian faſhion, were inſolent.

Anſw. Surely too many of us be too well acquainted with the Conſiſtory faſhion, and we thinke it a proud faſhion indeed, to bring our deere brethren, redeemed with the pretious price of the blood of Chriſt, and borne continually in the hands of Angels to ſtand like poore priſoners at the barre as ſome haue done, for the omitting the croſſe and ſurplice. Nay, God forbid, let it be farre from the ſoule, and from the thought of every one of us: we will be the ſervants of the Church, and as Abigail ſaid, ſo wee 2. Cor. 4. 5. 1. Sam. 25. 41. Ioh. 13. 14. ſay in the humility of our hearts, that we will bee ready to ſtoope downe to waſh the feet of the meaneſt ſeruant of our Lord and Maſter. VVherefore to thinke that becauſe that which wee moue for, may not be done in pride, in inſolencie, with contempt of our brethren, that therfore it may not be done at all, no not in humility, in meekneſſe, in tenderneſſe, and loue, is to reaſon as if men had made a fray with their wits.

And therefore ſeeing the matter is confeſſed to be needfull, and exceptions to the manner are found to be frivoulous, we moſt humbly entreat your moſt excellent Maieſty that Paſtors may be charged to examine their people before they come to the communion, & ſo to prepare them to come with comfort, as the Leuits in the 2. Chr. 35. 6 Law ſanctified & prepared their brethren.

7. For a Sermon before the Communion.

HErein alſo we both conſent, unleſſe Anſw. to the petiT. p. 11. ſect. 4. our brethren deceiue us with ambiguous words no body ſay they diſliketh, that it bee miniſtred with a ſermon, yet here alſo two exceptions are taken.

1. Exc. It is abſurd to think it ſhould not be Anſw. ibid. miniſtred without a ſermon, and hath bred in many a vaine and falſe opinion as if not the word of Chriſts inſtitution, but rather the word of the miniſters expoſition were a neceſſary and eſſentiall part of the Communion.

Anſw. The ignorance of our people conſidered, the ſhortneſſe of mens memories eſpecially in good matters, the deadnes & coldneſſe of the greateſt part, unleſſe they haue ſome good means to ſtir them up, and even as it were to carrie and beare up their harts to God, it is not only convenient, but very expedient, yea and neceſſary too, if poſſibly it may be, that at every communion there ſhould bee a ſermon, there is not a better time to worke upon a people, then when the ground is, as we may ſay, ready to eate up the ſeed from the hand of the ſower: this is that which S. Paul ſpeakes of, to preach in ſeaſon 2. Tim. 4. 1 and that which our Lord commends to giue the portion of meate in fit time. This was the practiſe of Iohn Baptiſt, of Chriſt Mat. 24. 45 Mar. 14. Mat. 28. 19 Act. 2. 22. & 20. 7. and the Apoſtles who continually ioyned the word and the Sacraments together. It is true, it may be a true ſacrament without a ſermon at the inſtant, becauſe the Sacraments doe not onely ſeale that which we learne then, but all the mercifull and good promiſes of life and grace which we haue heard before; yet becauſe the Sacrament Rom. 4. 11. is more fruitfull and effectuall unto us, when it hath the miniſtery of the word annexed to quicken it, and to giue life to it, by renewing the promiſes of God, and ſtirring us up to lay hands upon them.

Therefore in conſideration hereof, it is earneſtly to be wiſhed that the word and the Sacraments may ſtill go hand in hand together. VVe hope, nay we know Vniverſity men bee not to learne to know, That aliud eſt ſacramentum aliud eſt vis ſacramenti. The ſacrament is one thing and the vertue of the ſacrament is another. Or as Auguſtine ſpeakes in another Aug. tract. 26. in Ioan. & lib. 4 de Bapt. c. 17. place: Aliud eſt habere, aliud eſt utiliter habere. And therefore though it be a ſacrament without a ſermon, yet the preaching of the word makes it a more profitable ſacrament, more fruitfull and more effectuall to the receivers.

Except. He that readeth our Communion Anſw. to the petit. p. 11. ſect. 4. booke ſhall ſee that therein the whole manner, end and uſe of that holy inſtitution is ſo excellently deſcribed as may be in ſtead of many ſermons.

Anſw. That which was reached us with the right hand, is here pulled away from us with the left. The communion booke (ſay they) may be inſteed of many ſermons. The learnedſt divines in this Land (and wee (as they ſay,) haue the beſt in Chriſtendome,) can preach but one ſermon at once, and therefore if this be ſo that the booke may be in ſtead of many ſermons the dumb miniſter with his Communion booke ſhall bee better able to prepare a people for the Sacrament, the the learnedſt divine in all Chriſtendom with his ſermon. And is not this goodly ſtuffe. Our Reuerent Biſhops as it ſeems, were not ſo deeply conceited of the booke and therefore they decreed in their Synode: ſi tempore ſacrae communionis Synod. Lond. anno 1571. nulla erit concio de ſcripto & è pulpito, pronuntiabit unam aliquam ex homilijs &c. here there muſt bee a ſermon or an homily to helpe out the booke, a ſermon, if it may bee: and therefore in the iudgement of theſe learned men, the booke may not ſuffice in ſtead of many ſermons. Godly Bucer one of their owne authors would Bucer de reg. Christ. l. 3. c. 7. p. 57. haue King Edward eſtabliſh it as a Lawe in this Land, that before the communion the Scripture be not onely read, but alſo expounded to the people: and ſure (as we take it) there is reaſon for it, for howſoever there be ſome good things in the booke, yet they may not bee matched with preaching. 1. becauſe preaching is the moſt effectuall means whereby God worketh converſion in his people, as the Apoſtle ſaith: It pleaſed God through 1. Cor. 1. 21 the fooliſhneſſe of preaching to ſaue the beleevers. 2. The doctrine of the booke is alwayes one and the ſame, but the doctrine Mat. 15. 39 of the preacher, may bee varied. The doctrine of the booke is generall, but the doctrine of the preacher may bee fitted 2. Tim. 2. 15. in particular, as hee ſees occaſion: and therefore howſoeuer the booke may be good, yet in the iudgement of any reaſonable man, preaching muſt needs be better.

VVherfore (moſt noble king) we truſt your highneſſe ſo well acquainted with the wayes of God, and all the means of life and comfort, will eſtabliſh that, which in the iudgement of any feeling Chriſtian, is the fitteſt.

8, Againſt the name of Prieſts,

1. THat diſtinction which the holy Ghoſt hath conſtantly retained in all the new Teſtament between the Prieſts of the law and the miniſters of the Goſpel, that diſtinction muſt we retain if we will ſpeak the language of Canaan, and Eſay. 19. 18 Neh. 13. 24. not as the children did in Nehemias time halfe in the ſpeech of Aſhdod and halfe in the language of the Iewes.

But the holy Ghoſt hath conſtantly retained this diſtinction in all the new Teſtament between the Prieſts of the Law, and the miniſters of the Goſpell.

Therefore if we will ſpeake as the holy Ghoſt hath taught us, we muſt retaine this diſtinction.

The aſſumption or ſecond propoſition hath all authoritie to confirme it. 1. the Phil. 1. 1. Ex. 4. 11. Doct. Fulk. anſw. to the hand. c. 6. Scripture it ſelfe. 2. the iudgement of our beſt divines. Doctor Fulke, becauſe (ſaith he) the Scriptures calleth the miniſters of the new Teſtament by divers other names of 〈 in non-Latin alphabet 〉 , (Prieſts) wee thought it neceſſary to obſerve that diſtinction, which wee ſee the holy Ghoſt hath ſo preciſely obſerved. And again ſhewing why the miniſters of the Goſpell be neuer called Prieſts in any one tranſlation of our Bibles: It is reaſon (ſaith he) we ſhould retaine that diſſerence of names of the ibid. miniſters of both the Teſtaments, which the holy Ghoſt doth alwayes obſerue. Doctor D. Whit. againſt. Reyn. c. 4. 199. Whitakers ſaith, Chriſt committed his Church to be ruled by Paſtors, and Biſhops for ever, and not to Prieſts. And after: whereas their office is declared diverſly in great variety of names, yet is this name of Prieſts never once given them in any Goſpell, Epiſtle, or booke of the new Teſtament. D. Reynolds ſaith, Seing our language doth D. Reynold conſ. Hart. p. 538. meane by prieſts, ſacrificers, which in the Apoſtles language are called 〈 in non-Latin alphabet 〉 and they neuer gaue the name 〈 in non-Latin alphabet 〉 to the Paſtors of the Chriſtian Church, it followeth that they gaue them not the name of Prieſts.

3. The papiſts themſelves confeſſe, yea Ballar. l. 3. de Rom. Pont. c. 18. Bellar. ſayth Apoſtoli in ſcripturis nunquam vocant ſacerdotes Chriſtianos, ſacerdotes: ſed ſolū Epiſcopos & presbyteros. The Apoſtles in the ſcriptuers neuer call Chriſtian Prieſts by the name of prieſts, but onely by the name of biſhops and Presbytrs or Eders. And elswhere Lib. 3. de ſanct. invoc. cap. 4 he giues the reaſon to be this, to diſtinguiſh them from the Leviticall preiſts, and therefore ſeing the holie ghoſt hath conſtantlie kept this diſtinction of names between the Prieſts of the Law and the miniſters of the Goſpel we may not confound them.

2. The Royalties of our Lord Ieſus Eſay. 42. 8. both in his offices, and in his titles are to be preſerved whole and intire to him upon which no man without the Lords own grant may preſume to enter.

But it is one of the royalties of our Lord Ieſus to bee the ſole and the onely Prieſt of the new Teſtament, and ſo to be termed according to that: hee holdeth Heb. 7. 24. 〈 in non-Latin alphabet 〉 . i. ſuch prieſthood, as can not paſſe to another, either for name or nature, ſo that Auguſtine: ſaith Aug. lib. de conf. Evang. cap. 3. D. Whit. againſt Reyn. c. 4. p. 42. well: Dominus Ieſus Chriſtus unus verus Rex, & unus verus ſacerdos. The Lord Ieſus Chriſt is only true king, and onely true Prieſt And D. Whitakers: Chriſt hath 〈 in non-Latin alphabet 〉 . i. ſuch a Prieſthood as cannot paſſe to another, but abideth onely with himſelfe, whereof it doth invincibly and neceſſarily enſue, that the onely Prieſt of the new Teſtament is Ieſus Chriſt.

Therefore this being one of the Royalties of our Lord Ieſus ought to be preſerned whole and entyre to him.

3. VVhere there is a diſtinction in the things there muſt alſo bee a diſtinction in the names according to that of Tertul. fides nominum, ſalus eſt proprietatum: to keep De carn. Chr. p. 19. the names right, is a good means to keep the things right.

But there is a large and a wide diſtinction betweene the callings and the functions of the miniſters of the Goſſpell, and the popiſh Prieſts. Therefore there ought alſo to be a diſtinction in their names.

This reaſon Doctor Fulk preſſeth, againſt the Papiſts, ſeeing the holy Ghoſt had made ſuch a broad difference betweene the D. Fulk. anſ. to Hard. c. 6 names, and offices of the Prieſts of the Law and the miniſters of the Goſpell: thoſe ancient Fathers that confounded thoſe names, which the ſpirit of God will haue to bee diſtinct cannot bee excuſed.

4. The name of prieſt in our Language is appropriated to ſignifie no thing but a ſacrificer: ſo our beſt writers affirm: Tindall, Tynd. of the obed. of Chr. Fulk. loc. cit. D. Fulke: [the name of Prieſt is commonly taken to ſignifie a ſacrificer which is 〈 in non-Latin alphabet 〉 , in greeke, and Sacerdos in Latine: By which names the miniſters of the Goſpel, are never called by the holy Ghoſt:] ſo Doctor Reynolds: the cuſtome of our Engliſh Reyn. loc. cit. ſpeech hath made the name of Prieſts proper to a man appoynted to ſacrifice: But the miniſters of the Goſpell cannot truely be Heb. 10. 10 called ſacrificers, becauſe they haue no body and outward ſacrifice to offer. Therefore they cannot in true ſenſe bee called Prieſts.

5. To call the miniſters of the Goſpell by ſuch a name, as is never read in the new Teſtament, is to put a ſcruple into the peoples heads, that our calling and office hath no ground, nor warrant in the word of God.

But to call them by the name of Prieſts is to call them by ſuch a name, as is never read in the new Teſtament, in this ſenſe as hath been ſhewed.

Therefore to call them by this name is to put a ſcruple into the peoples heads that our calling and office hath no ground in the word of God. But this we may not, Ergo.

1. Obiect. Eſ. 66. 21. where the Geneva Anſw. to the petition p. 12. ſect. 5. note doth ſhew that the miniſters of the new Teſtament, are to be termed Prieſts.

Anſw. Wee had need make much of this Scripture: it is the onely place, that is alleadged in all the booke in any matter of queſtion: the very ſame prophet would haue taught them better: ad legem & teſtimonium &c. But to the point: Eſay doth not ſay they ſhall be called Prieſts, Eſay. 8. 20. but they ſhall be taken 〈 in non-Latin alphabet 〉 . i. into the place, and into the roome of Prieſts. i. to execute the ſame office and miniſterie of teaching and preaching in the new Teſtament, that the legall Prieſts did in the old: for nothing is more uſuall in the Prophets then figuratly under terms of the legal ſervice Deut. 33. 10 to ſet out the ſervice and worſhip that was to be uſed in the Goſpel, as ibid. there ſhal be an altar of the Lord in the midſt of the land of Egipt, & yet we may not gather Eſay 19. 19 thence (as our brethrens logick will infer) that therefore the Lords table muſt be called an Altar, and not a Table, there be infinite examples to this effect. Now that Eſay ſpeakes not of the name of Prieſts, 1. Cor. 10. 21. may appeare thus: 1. Eſay ſpeaks of Luke and Timothy, and Titus, the firſt preachers of the Gentiles: ſo ſaith the Geneva note which is alledged. But they as we heard before, were never called Prieſts. Therefore Eſay doth not here ſpeake of the name of Prieſts. 2. If our brethrens ſence be good, then the Miniſters of the Goſpell may well be called Sacerdotes, Sacrificers, D. Fulk anſ. to Hard. c. 5. for ſo is the Hebrew, 〈 in non-Latin alphabet 〉 : the Greeke 〈 in non-Latin alphabet 〉 . But thus they may not be called, therefore this cannot be the ſence. 3. If by this place of Eſay the preachers of the Goſpell may be called Prieſts, then by the ſame reaſon they may bee called Levits: for the words be thus: Of them I will take for Prieſts and Levits. But this were too too Iewiſh, and therefore as we ſaid, Eſay onely meanes, they ſhall haue the ſame place and office in the teaching of the Goſpell, that the Prieſts and the Levits had in the teaching of the Law: and this alſo is the plaine meaning of the Geneva note.

2. Obj. Theſe tearmes be iuſtified by divers pag. 12. ſ. 5. of our learned Divines.

Anſw. Our beſt learned Divines are ſo farre from iuſtifying them, that they condemne them. D. Reynolds ſaith, Sith Conf. c. 8. ſ. 5. p. 619. the name of Prieſts haue relation to Sacrifice, &c. the charge of the Lord not to lay a ſtumbling-blocke, might haue remoued that name from the miniſters of the Goſpell, as the name of My Baal, Hoſ. 2. 16. with him our learned men conſent, D. Fulke, Whitakers, and the reſt: yea ſome of us can remember ſince that Reverend In Act. 14. in Teſt. Rhem. Whit. ut ſup. Father D. Heton, being then Vicechauncellor of Oxford, two Ieſuits were brought to the Aſſizes to bee arraigned for treaſon: the Doctor being requeſted by the honourable Bench to ſpeak ſomething to them, ſtood up and demanded of the Ieſuits what they were: They anſwered, that they were Prieſts. VVhy, ſaid he, there be but two approved orders of Prieſts that I can read of in the Scriptures, the order of Aaron, and the order of Melchiſedecke: I pray you of what order are you Prieſts? After ſome pauſe, one of them anſwered, they were Prieſts after the order of Melchiſedeck. Nay (ſaid the Doctor) that yee be not; for Melchiſedeck had neither beginning of his dayes, nor end of his life: but you both haue had a beginning of your dayes, and I beleeue ſhortly for your treaſon will haue an end of your liues alſo; and therefore yee cannot be Prieſts after that order. VVith this the poore Prieſts were daſht: the people laughed, and the Doctor was much commended. And if the new Vicechauncellour haue found out a third kinde of prieſthood, which the old Vice-chancellour never heard of, they may do well to enforme him of it at their leaſure: for our parts we muſt aſſent unto the Doctor, that there be no other prieſts approved in the word of God, but after one of theſe two orders, and therefore the Miniſters of the Church of England being prieſts after neither order, muſt leaue the prieſthood of the new Teſtament ſolely and entirely to the Son of God, and content themſelues with thoſe titles and names of Paſtors, Preachers, Miniſters, Elders, &c. wherewith the wiſedome of the Holy Ghoſt hath endowed them.

3. Obiect. A Prieſt comes of presbyter: But the miniſters of the Goſpell are called presbyteri. Ergo they may be called Prieſts:

Anſw. VVe hope men are not to learn now that words are not to bee taken according to their derivation, but according to their uſe, for an Idiot in our ſpeech commeth from 〈 in non-Latin alphabet 〉 : And yet he that ſhould ſay the Apoſtles might be well termed Idiotes becauſe they are called 〈 in non-Latin alphabet 〉 , would prooue himſelfe little Act. 4. 13. Col. 1. 1. leſſe: ſo likewiſe a frier comes of frater, And yet he that ſhould argue that therefore the miniſters of the Goſpell may bee called friers becauſe they are called fratres, ſhould make but a frier-like concluſion. Thomas Aquinas might haue taught Aquin. 22. qu. 91. art. 1. 2. men this, that aliud eſt etymologia nominis aliud eſt ſignificatio. The derivation of a name is one thing and the ſignification another, yea Ariſtotle can ſhew us that verba ſignificant ad placitum. i. they ſignifie not of Arist. peripa - 〈 in non-Latin alphabet 〉 . lib. 1. themſelves, but accordingly as people conſent and agree to uſe them, but the name of Prieſt by common uſe of our people, is taken up to ſignifie a ſacrificer, ut ſupra. And therefore wee ſay of the name of Prieſts, as Auguſtine ſaith of the name of fatum which ſome expounded in a good Aug. lib. 5. de civ. Dei. c. 1. ſenſe, ſententiam teneat, linguam corrigat. Let him hold his meaning, but let him mend his ſpeech. VVherefore (moſt oble King) 1. ſeing the holy Ghoſt, who ſhould be the framer of a Chriſtians tongue hath kept a continuall diſtinction between the Prieſts of the Law and the miniſters of the Goſpell. 2. ſeeing it is one of the royalties of the ſonne of God to bee accounted, and ſo called the onely Prieſt of the new Teſtament. 3. ſeeing in our office and miniſtery wee quite differ from the popiſh Prieſts and ſo ſhould differ in our names alſo. 4. ſeeing the name of a Prieſt in our language imports a ſacrificer, which no man of iudgement will ſay is a fit name for a miniſter of the Goſpell. 5. ſeeing it leaues a ſcruple in the peoples heads. 6. ſeeing the ſoundeſt and the beſt divines in the land haue diſliked the title. VVe therefore beſeech your moſt excellent Majeſty to take away the Popes liverie from us, and to beſtow upon us by your princely lawes thoſe names and titles, which the holy Ghoſt in great wiſdom hath aſſigned us. No doubt but to be continuall looking glaſſes and remembrances of our duty.

Againſt the Ring in Marriage.

THat there may be a civill uſe of the ring in Marriage wee make no queſtion: good divines approue it. At Buc. loc. cit. Szeg. loc. com. p. 174. Piſc. ib Mat. 23. 17. Nic. ad reſp. Bul. c. 30. q. 5. firſt it was uſed in the matrimoniall contract, as appeareth by that in the decrees: poſtquam arrhis ſponſam ſibi ſponſus per digitum fidei annulo inſignitum deſpōderit &c. aut mox aut apto tempore &c. ambo ad nuptialia foedera perducantur. After that in pledge the bridegroom haue eſpouſed unto himſelfe the bride, by putting upon her finger the ring of promiſe &c. either immediately after, or in convenient time, let thē both be brought forth to the marriage bond. And if it had been ſo uſed ſtill, we know no body that would haue diſliked it, but to bring every humane invention into the Church of God and there, to offer it up to God in prayer, maketh us to renew that complaint of Aug. ep. 119 ad Ianuar. Auguſtine. Ipſam religionem, quam pauciſſimis celebrationem ſacramentis miſericordia Dei liberam eſſe voluit, ſervilibus oneribus ita premunt, ut tolerabilior ſit conditio Iudaeorum, &c. That religion which God in mercy would haue to bee celebrated in a very few Sacraments, they ſo loaden with ſeruile burthens, as that the condition of the Iewes is more tolerable.

Beſide the words that bee uſed with it be ſo ſtrange in our language, (with this ring I the wed, with my body I thee worſhip) &c. that no man can make any ſenſe of them in true congruitie, and though happily there may bee ſome far fetched meaning of the words, yet there is not one of a thouſand among our people, that underſtands the meaning thereof: and who willingly in an actiō ſo frequent & of that moment will make people ſpeake ſo, as the one ſhall not underſtand the other.

10. Againſt longſomneſſe of Service.

THat which ſerveth to the moſt edification and building up of the people of God, that muſt eſpeciallie be 1 Cor. 14. 4, 5. Act. 20. 32. Eph. 4. 12. regarded in the Church aſſemblies. But preaching doth much more edifie and build vp the people of God, then this ſame long ſeruice.

Therefore it muſt rather bee reſpected. Ambroſe ſayd well vpon theſe words: let Ambr. in 1. Cor. 14 them ſpeake by two or three, viz. Ne occuparent diem linguis loquentes & eorum interpretes, & non haberent tempus prophetae Scripturas diſcernendi, qui ſunt totias Eccl. illuminatores. Let not them ſpeak witb tongs, and their interpreters take up the day, ſo that the Prophets which are the light of the whole Church haue no time to open the Scriptures.

2. It is a rule in divinitie that of two good duties, if a man cannot doe both in Math. 12. 7 chriſtian wiſdome, he muſt do the better: So the Lord ſayth: I will haue mercie and not ſacrifice: And the Apoſtle ſayth: Chriſt 1. Cor. 1. 17. ſent me not to baptize, but to preach.

Now which of theſe two is the better (we meane not in it ſelf, but in regard of the edification of Gods Church) Let the ſcriptures decide: Come, let us go up to houſe of the Lord. And for what eſpecially, Iſ. 2. 3 and cheiflie? Ipſe docebit nos vias ſuas, the eſpecial end is to know the wayes of God. Bucer vpon theſe words ſayth: Precipuum opus indicatur veri chriſtiani coetus ſincera Lib. 1. de reg Chriſt. c. 3. doctrina & eius prompta obedientia. The principall work of the true Chriſtian congregation is noted to be ſincere doctrine & the ready obedience thereof. See Gratians gloſſe Grat. 1. 9. 1. ſect. Interrogo.

Therefore ſeing preaching is the better, when a man either through weaknes of body, or want of tyme cannot do both, wee take him bound to doe the better .i. to preach to the people.

3. That which maketh the miniſter vnfitt to preach and the people vnfit to heare is to be amended. But ſo doth the Opus tripart. lib. 3. c. 1. ſame long and tedious ſervice, opus tripart. In many Churches they read ſo long, as ſcarſely any heareth all, and if any ſtay there they commonly fall a ſleepe: bonum ergo fuit, ut ita temperatae lectiones legantur in matutini, ut fragilitas humana prae taedio non recedat. Synod. It was good, that the leſſons ſhould be read in that order in morning prayer, that mens frailty bee not wearied with Synod. Ang. c. 8. the tediouſneſſe. Auguſtine ſaith: ut nimia feſtinatio in miſſae lectione religioſas aures offendit, ita incongrua prolixitas faſtidium generat, me diocritatem igitur commendamus. As the hudling in reading the maſſe offendeth the ears, ſo exceſſiue tediouſneſſe is irckeſome, whereas a mean between botb is commendable.

Therefore this abuſe ought to bee amended.

1. Obiect. This well befits theſe mens great devotion.

Anſw. If this argue want of devotion Anſw. to the pet. p. 12. ſect 6. in us, to abridge the longſomneſſe of Church ſervice for preaching, then ſurely the Doctors and Proctors and heads of houſes in Oxford want devotion among whom no thing is more uſuall in their Colledges, then to abridge the prayers to go to S. Maries to the ſermon.

2. Againe, this is ſuch divinity, as we never heard of to place all devotion in long prayer: the Phariſees were Luc. 21. 47 Aug. de hereſ c. 57. Math. 6. 9. of this mynd, and Enchits of old, and the Monks, and friers of late; But our Saviour Chriſt belike meaſured devotion by ſome other rule, who taught his diſciples ſo ſhort a prayer. The humble publican ſaid Luc. 11. 13 no more but this, God bee mercifull to mee a ſinner. Platina writes of the Apoſtles that they did conſecrare ad ſolam dominicam So Gregor. lib. 7. epiſt. 63. orationem: he means they had no other ſet prayer: then the Lords prayer. VVhat ſhall we think they wanted devotion alſo Auguſtine writes of the religious men in Egipt: dicuntur fraters in Egipto crebras quidem Epiſt. 121. habere orationes, ſed eas tamen broviſsimas & raptim quodammodo iaculatas. The Religious men in Egipt are ſayd to haue frequent prayers but the ſame very ſhort, and as it were by ſudden ejaculations. This we ſpeak Ast. 13. 15. On S. Michaels day the epiſt. is Rev. 12. 7. there was a batell in heaven Michael &c. as if this Michael fighing for the church were not Chriſt. but an Angell. p. 12. ſ. 7. not to condemne long prayer when occaſion ſerveth. but to ſhew, that even they that uſe ſhorter praiers may be devout. 3. Beſide all that we deſire to be abridged, is not prayer, but a number of Scriptures unhandſomly ſhredded and pared from the reſt, many times neither fitly ſorted, as the lectures of the law and Prophets were, nor truly applied to the preſent purpoſe.

2. Obiect. Some of theſe preachers ſpend almoſt an boure in ſenſleſſe, and inconſequent prayer.

Anſw. 1. If devotion be meaſured by our bretherns rule, then belyke thoſe men be full of devotion, for they pray long.

2. If ſome ſpend the time in ſenceleſſe and inconſequent prayer, what doth this preiudice thoſe faithfull and good teachers, that ſpend it better?

3. Obj. From this diſlyke of all ſet and ſtinted frome of prayer &c. Ibid.

Anſ. Doe the Petitioners diſlyke all ſet and ſtinted forme of prayer? doe they Vntruths diuerſe. condemne the ſaying of the Lords prayer? doe they refuſe to vſe it? who told them ſo? In the beginning of their booke they ſay, wee maſke vnder vnknowne names, and yet now they can tell that we diſlyke all ſet & ſtinted form of prayer, that ſome of vs omit the Lords prayer, and ſome of vs refuſe to vſe it; theſe be the ſtrangeſt men wee haue heard of, who though they know not a man, nor his dwelling, nor his country, yet they can tell what prayers he vſeth in his Church. Nay they can tell his ſecret thoughts, that though he vſe the comunion book, yet he diſliketh all ſet and ſtinted kind of prayers. But that our brethren would willingly blindfould themſelues to traduce us: they might haue well conceived by our words, that wee diſlike not all kind of ſet prayer, becauſe we deſire not to haue the ſervice removed but to haue it abridged.

VVherefore (moſt noble King,) 1. ſeing preaching ſerveth moſt to the edification of the Church. 2. Seing when both cannot be done, the long prayer, and the preaching, it is Chriſtian wiſdom to do the better. 3. Seeing the practiſe of both our Vniverſities giues liberty this way. 4. Seing nothing but mockes and untrue tales be oppoſed againſt it, wee muſt renew our humble ſuite to your highneſſe, that the long and tedious ſervice bee abridged, where there bee preachers that bee able with their faithfull and godly laboures to take up the time better.

11. Againſt the abuſe of Church ſongs and Muſick.

VVHETHER our brethren yeeld to this or no, we know not, they haue ſo pleaſed themſelves in a conceit of our moderation and the kings great devotion (as they terme it) in hearing the Organs, that they forget to tell us their reſolution: therefore wee will iuſtifie the equitie of our requeſt.

1. In the Church of God nothing ought to bee done, but that which ſerues to edification: this is Pauls rule. 1. Cor. 14. 26.

But the Church Muſick and ſongs, as they bee now uſed in Cathedrall Churches, and ſome Colledges with Organes and deſcant foreward and backward ſerue not to edification.

Therefore it ought not to be permitted in the Church of God. The aſſumption or ſecond propoſition is proved thus.

If the Latine ſeruice in poperie ſerved to no edification, becauſe the greateſt part underſtood not that which was ſpoken, then alſo this theatricall muſick, wherein the greateſt part underſtand no thing, ſerveth ſo Aug. terms it in pſal. 32. com. c. 1. Claſſ. 3. c. 13 ſ. 29. to as little. Peter Martyr one of their own authors approveth this, nec iure poteſt (ſaith he) retineri fracta illa & Confragoſa muſica, qua ita detinentur aſtantes ut verba etiamſi velint percipere minimè queant. That broken and chaunting Muſicke, by which the ſtanders by cannot, though they would underſtand the meaning of the words ought not to be retained. And ſo euen popiſh Aquinas: Aquin. 22. qu. 91. art. 2 huiuſmodi muſica inſtrumenta magis animum movent ad delectationem, quam per ea formetur interius bona diſpoſitio. Theſe muſicall Iuſtruments doe rather affect the mind with delight then further any good diſſpoſition in him. And therefore, as he ſaith the Church uſed not them. Conſil. Aquiſgran. Cōci. Aquiſ. con. 137. Decreed well, Pſalmi in Eccleſia non curſim & excelſis inordinatis aut intemperatis vocibus, ſed plane & dilucide & cum compunctione cordis recitentur, ut & cantantium mens illorum dulcedine paſcatur & audientium aures pronunciatione demulceantur. Let not the Pſalmes in the Church be hurried over or ſung with loud, and ſtrained throats but plainely and diſtinctly, with feeling of the heart; ſo as both the minde of the ſinger may bee fed with the melodie, and the eares of the hearers refreſhed with the words.

2. That which draweth downe the mynde from meditation and heavenlie contemplation to ſenſuall and carnall delyte, is not fit to be vſed in the houſe of God, where all our affections are rather to be mounted, and to be lifted vp.

But ſoe doth the ſame light and theatricall kind of muſicke. Therefore it is not to be vſed in the Church of God. This reaſon hath both proteſtant and popiſh writers to approue it. Peter Martyr ſaith, Loc. cit. If wee ſhould ſee at this day Chriſtian people runne to the Church as it were to a theater to delyte themſelues with muſike and ſongs, (as they daylie do at Paules church when the Organs and the anthems be ſung) abſtinendum potius eſſet a re non neceſſaria: we ſhould rather abſtayne from a thing not needfull then by occaſion thereof hazard the ſoules of the commers. So likewiſe Thomas Aquinas reſolveth in his Aquin. vt ſupra. ſumme.

3. To bring in any part of the Leuiticall ſervice into the Church of Chriſt is vtterly Heb. 7. 12. vnlawfull, as the Apoſtle ſhews-

But this kynd of muſike by Organs and Inſtruments was a part of Leuiticall ſervice. Therefore it is vtterly vnlawfull in 2 Chr. 29. 25. Bez. in colloq mompelg. part. 2. p. 36. Aquin. 22. q. 91. art. 2. arg. 4. the Church of Chriſt.

Beza not onelie vrgeth this, but that deepe divine, as they take him, Aquinas ſaith, the Church doth not receiue Muſicall inſtruments to praiſe God with, ne videatur iudaizare, Leſt ſhee ſeeme to Iudaize. And he giues good reaſon, why the Iews under the Law had ſuch muſick, and Chriſtians haue none 1. becauſe in the old Ibid. ad 4. law the people were more carnall. And the ſecond, becauſe theſe inſtruments did figure ſome things to come, namely the ſpirituall ioy, which we haue in Chriſt.

4. That which Chriſt and the Apoſtles, and all the godly Fathers of the Church for ſix hundred years together thought to be the fitteſt, and meeteſt muſick for the Church, that muſt we think to be fitteſt, unleſſe wee thinke to bee wiſer then they. But Chriſt and the Apoſtles and all the godly fathers of the Church for 600. yeares and more haue taken plaine voyce muſick, and not this kind of muſick by Organes and deſcant to bee the fitteſt and meeteſt for Gods ſervice, as appeareth by their practiſe, and precepts, Math. 26. 30. Col, 3. 16. Plinie ſaith of the firſt 〈 in non-Latin alphabet 〉 . Plin. apud Euſeb. lib. 3. cap. 30. Aug. lib. 10. canf. c. 33. Chriſtians, that they did ante lucanos hymnos Chriſto Deo canere. Sing Pſalmes to Chriſt the Lord in the morning before day, And Auguſtine reporteth of Athanaſius: tam modico flexu vocis faciebat ſonare lectorem Pſalmi, ut pronuntianti vicinior eſſet, quam canenti: Hee made the reader of the Pſalmes varie his voyce ſo little, that he ſeemed rather to ſpeake then to ſing. And Hierome diſlikes, that ſuch as ſing in the Ierom. epiſt. ad Epiphan, dist. 82. Church ſhould ſtretch their mouth and throat, as though they were at a play: And therefore this plaine voyce muſick is fitteſt to be uſed in the ſervice of God.

1. Object. Iuſt. martyr qu, 107. and Anſw. to the pet. p. 12. Auguſtine. lib. 10. c. 11. allowe muſike.

Anſw. But what kynd of muſick doe they allow: Organs and curious pricke ſung?. Auguſtine ſpeaks but of ſinging of Aug. lib. 9. confeſſ. c. 6. & 7. & Epist. 119. c. 18. pſalmes as may appeare in many places, that liquida voce with a cleare plaine voice, & cōuenientiſſma modulatione a moſt fit and ſeemely tune: for els where he profeſſeth, that where as ſome had brought In. Pſal. 32. com. 1. in the vſe of the harpe and citharane into the Church, he by his authoritie remoued it. Let no man maruaile, ſayth he, that wee haue caſt out the harpe, and behold it is commanded to ſound, ſaying, prayſe the Lord vpon the harpe: nemo convertat cor ad organa, quod ei iubetur in ſe habet. Let no man ſpend his efection vpon the muſicall Inſtruments, being to make melody in himſelfe.

For Iuſtin Martyr (though that bee none of his work) becauſe he there citeth Author apud Iustin. q. 107. Origen, (who liued after) yet whoſoeuer is the author, he is directly againſt our brethren, as dirictlie for us in this cauſe: Inſtruments (ſaith he) be not vſed in the Church of God: ſed ſimplex cantio in eis manet: there is nothing but plain ſinging: nam canere inſtrumentis in animis puerorum eſt: To vſe inſtruments is for babes and children. Ita que in eccleſijs ſublatus eſt tantum inſtrumentorum vſus, & relictum eſt canere ſimpliciter: ſo that our brethren thinking by theſe authorities to helpe their cauſe, haue indeed cut the throat of it.

The Papiſts themſelues confeſſe, that their harmonicall muſicke is much later lib. 4. Chronol. p. 729. then Iuſtine Martyr, or Auguſtine either. Genebrand confeſſeth that Pope Conſtantine ſent Organs to King Pippin anno 757. as yet unknowne to the Germanes and Frenchmen: and Beza ſheweth by good authorities, that they were firſt brought in by Pope Viteliane at the ſooneſt, and Colloqu. Mompelg. par. 2. p. 37. into France anno 878. So long the Churches of Chriſt ſtood without them: and it had been well with them if they had ſtood ſo ſtill.

VVherefore (moſt noble King) 1. Seing this theatricall Muſicke ſerveth not to edification in the Church, to the which all things there uſed ſhould ſerue by the Apoſtles rule. 2. Seeing it hindereth edification in withdrawing the minde from contemplation, and pulling it down to carnall delight. 3. Seeing it was a part of the Leviticall ſervice, which is now ceaſed in Chriſt. 4. Seing plain voice muſicke was taken to be fitteſt for Gods ſervice by Chriſt and the Apoſtles, and all the Fathers in the beſt times of the Church; we moſt humbly entreate your maieſty, that this ſtage-like muſicke may be removed, and that which is fitteſt for edification, and beſt beſeeming the ſpirituall worſhip of the Goſpell may be retayned.

12. Againſt the prophanation of the Lords day.

HErein we both conſent, Hee is very Anſw. to pet. p. 12. prophane (ſay our brethren) that deſireth not this from his heart. Now wee heartily thanke the holy God of Heaven even for this; and we pray him that hath begun this good in our brethren, to encreaſe it to the day of Ieſus Chriſt.

Indeed the ſanctifying of the Sabbath Eſay. 58. 13 Exod. 31. 13 is it that giveth life to all religion: and therefore this being once well ſetled, all religious and Chriſtian duties will quickly follow.

VVherefore (O moſt noble King) not onely we the miniſters that deſire reformation, but both your Vniverſities, the Vice Chancellors, Doctors, and heads of houſes, and the reſt of the learned Clergy and obedient ſubiects, expect this at your Highneſſe hands, that as you haue by your moſt Chriſtian proclamation give Constant. Euſeb. lib. 4. c. 19. Theodoſ. & Valent. c. de. ferijs. Carolus. magn. 139. K. Canutus K. Iuas. in martyrol. Fox p. 73. Gythcon. K. of Danes. ibid. p. 755. Exod. 20. 10. charge for the ſanctifying of the Lords day and for reſtraining of idle ſports and games upon it (as the godly, Emperours and Kings haue done before) So becauſe through the backwardnes and diſorder of many brutiſh people, that day is not yet ſo carefullie regarded as it ſhould bee: It will pleaſe your highneſſe ſo ſoone as God ſhall giue opportunitie, to enact it as a Law, that all your Maieſties people may not onely keep a reſt, but a religious and holy reſt upon that day. VVee know your highneſſe knoweth the largeneſſe of your gates, that they be as large, as your kingdom, and therefore will provide by godly and wholeſome lawes, according to the charge of your God, which is uppon you: that all within your gates. i. within your higneſſe government and dominions ſhall keepe the day of the Lords reſt in all the holy duties and ſervices of it.

13. That the reſt upon holy dayes be not ſo ſtrictly urged.

Argument. 1. IF Saints dayes may without any offence to God bee remooved, then the ſtrict obſervation thereof ſhould not be ſo ſeverely urged.

But the firſt is true: for ſome Churches reformed haue de facto taken them away, as brought in by men: and de iure they might ſo do: becauſe the keeping of ſuch times without ſpeciall commandement, ſeemeth to be an obſerving of dayes, contrary to the Apoſtle. Gal. 4. 10. and a conſecrating of them, to the memory of men, which ſhould onely be obſerued to the Lord Rom. 14. 6. As Ambroſe well ſaith: qui calendas Ianuarias colit, peccat, quoniam homini mortuo defert divinitatis obſequium, he that keepeth the calends of Ianuarie, ſinneth, becauſe he giveth divine worſhip to a dead man, his reaſon is as good againſt holy dayes, Amb. ſer. 17 kept in the memory of Chriſtian men, as Pagans: for divine honor ſhould be yeelded to neither,

Arg. 2. There ſhould be a diffrence made between the reſt upon the Lords day, and other holy dayes. But now there is no difference, the reſt being as ſtrictly urged upon the one day as the other: Ergo.

The propoſition is thus proved. i. The Lord himſelfe maketh a difference betweene the Sabboth, and other holy dayes of his own appointment: for upon the paſſeover day it was lawfull to dreſſe that, which they did eate, Exod. 12. 16, But not ſo upon the Lord day. Exod. 16. 2. 3. 2. the Sabboth is of the Lords inſtitution, and ſo preciſely to be kept: holy dayes are but an Eccleſiaſticall conſtitituon) and therefore not in the obſervation to bee made equall to the other. 3. Difference to be made in the obſeruatiō of the Lords day and other holy dayes. the reſt upon the Lords day doth ſimply bind in conſcience, as all the commandements of God doe: the reſt of holy dayes doth not ſimply bind in conſcience, in reſpect of the thing commanded, but as we are bound in conſcience to obey our governours in all lawfull things: for there is but one lawgiuer which is able to ſaue and to deſtroy. Iam. 4. 12. 4. the conſtitutions of the Church haue obſerved this difference, making greater reſtraint of labour upon the Lords day, then upon other feſtivals: upon the Lords day all ruralia opera, works of husbandrie are forbidden: Cabilonenſ. c. 18. itinerari cum caballis, to travel with horſe or oxen. Aurelian 3. 27. to keep Fairs, or Markets upon the Lords day. Coloni. part. 9. c. 10. no courts or pleas then to be holden: Tarraconenſ. c. 4. no danſing, or playes, or ſhewes to bee uſed: Mogunt. c. 61. All theſe canons and many more provide onely or chiefly pro diebus dominicis, for the Lords dayes.

Argu. 3. That liberty which God hath given to worke ſix daies, ought not (where Exod. 20. 6 there is no urgent neceſſity) to be reſtrained, eſpecially where there is a neceſsity to labour: for where neceſsity requireth, wee deny not but a day of ceſſation may be enioyned upon the worke dayes, as when a generall day of faſt, or of thankſgiving is proclaimed: yet even upon theſe daies, neceſſary labours are excepted.

But the reſt of holy daies is upon no neceſſity: yea many pore men working a craſh for neceſsity haue been fetched to the Courts, and forced to pay large fees: Ergo it impugneth the liberty which God hath given, and ſo is unlawfull as it is urged.

Arg. 4. This reſt upon holy daies miniſtreth occaſion of idleneſſe, haunting of Alehouſes, unlawfull gaming, which are twice ſo offenſiue as working. Men keep them as the Iſraelites kept holy daies; They ate, they drunke, and roſe up to play. Exod. 32. 6. As Ambroſe ſpeaketh of the Gentiles feaſts, Vides quomodo convivia ſua adornent, feſta annuntient, ſed pijs mentibus infeſtiora ſunt. Yee ſee how they adorne Epiſt. 4. their feaſts, and proclaime their feſtivals, offenſiue to all good mindes, &c.

Ergo this ſtreight urging of holy daies reſt, as miniſtring occaſion of evill, ought to bee qualified, if not aboliſhed.

Arg. 5. It is more lawfull by the lawe to worke upon holy daies, then for Iudges Cod. lib. 3. tit. 12. leg. 2 Theodeſ. to keepe Courts, and heare ſuits. The Imperiall commandeth, omnes Iudices ceſſent: that all Iudges ſhould ceaſe upon the Lords day: but it permitteth ut agrorum culturae inſerviant, that they may follow husbandry upon that day. Yet for this wee cite not the Imperiall, but onely to ſhew the difference of theſe two workes.

But upon all holy daies in terme time (excepting foure, viz. the Aſcenſion, Iohn Baptiſt, All Saints, and the Purification) the Iudges keepe their Courts in Weſtminſter Hall. Ergo as well by the civill Law may Countrey men follow their rurall workes.

Arg. 6. VVe will laſtly ſhew the practiſe of the Church for liberty of working upon holy daies.

Gregorie 1. calleth them predicatores Antichriſti, preachers and Prophets of Antichriſt, lib. 2. epiſt. 3. decr. par. 3. dist. 3. c. 12. qui die ſabbati operari probibent, which forbid to work upon ſaturdayes: But ſo doe the ſpiritual courts prohibit to work upon that day, when it falleth out to be a feſtivall.

Leo & Anthenius provide onely in their conſtitutions for the Lords day: Nec huius religioſi diei (i. dominici) otia relaxantes &c. and preſcribing the reſt of this religious day, yet we would not haue it ſpent in filthy pleaſures: and the law gives a reaſon, calling the dominical daies, dies feſtos maieſtati altiſſimae dedicatos: feſtiuals dedicated to the higheſt maieſty, whereas the reſt were dedicated to Saints. Simon Iſlip Archbi. of Canturburie forbiddeth upon paine of excommunication: Fox Martir. p. 393. that people ſhould not abſtain from labour upon certaine Saints dayes, which were before conſecrate to vnthriftie idleneſſe.

Reformat. Ratiſp. artic. 20. in minorib. feſtivitatib. &c. in the leſſe feſtivals we give libertie after ſervice done, for men to go to their work.

Treverenſ. ſub Ioan. c. 10. uſque in meridiem in feſtis dieb. ſeriart volumus &c. Wee wil haue mē to keep holy day till none, & then go to their worke: Thus was it decreed in Popery, when they had many blind Saints dayes, which we obſerue not now: But as they diſpenſed with their leſſe feſtivals ſo among Proteſtants, the reſt of the holy dayes (which are the leaſt) might be releaſed; ſo that in time of divine ſervice labour be forborne.

Obiections anſwered. Obiect. 1. VVOuld they haue men upon ſuch dayes to go to plough and cart.

Anſw. to Petition. p. 13.

Anſw. 1. Would yee haue them go to dice, tables, quaffing, dauncing (as the common uſe is) which is the worſe, wee pray you? Auguſtine thus ſaith of the Iewes ſabbatizing: melius toto die foderent, Aug. in Pſal. 32. par. 1. quam ſaltarent: they might better delue all the day, then daunce all the day. 2. And why might not men be ſuffered to follow their vocation upon ſuch dayes (ſo it bee not done with contempt of divine ſervice, as the reaſon is given in the Law: quia non aptius alio die frumenta ſulcis, aut vineae ſcrobuli mandātur: it falleth out that no day is fitter to ſow corne, and ſet vines in: the ſame Cod. lib. 3. l. 12. leg. 3. law alſo giveth liberty for like workes to be done upon the Lords day: But therein it muſt giue place to Gods law.

Obiect. 2. As ſome of their humor haue cauſed their ſervants to do on the feaſt day of Chriſt: Anſw. to petit. ibid.

Anſw. This is a moſt untrue aſſertion, that the petitioners or any like minded to Great. vntruth. them haue cauſed their ſervants to go to plough or cart upō that day. 2. VVe make great difference between the holy dayes conſecrated to the honour of Chriſt, and the other: which are memorials of men: VVhich difference both the Imperiall and Eccleſiaſticall lawes obſerue. Cod. lib. 3. tit. 12. leg. 7. all the Saints dayes are omitted: onely the Lords daye with the feſtivals of Chriſt, his nativitie, circumciſion, the Epiphanie are decreed to bee holy dayes: So likewiſe Concil. Agathenſ. c. 94. cited Cauſ. 7. qu. 1. c. 29.

VVherefore (O moſt noble King) 1. ſeing holy dayes of Saints might be altogether ſpared. 2. and that difference between them and the Lords day ſhould be obſerved 3, ſeeing poore men are forced upon neceſſity to labour upon ſuch dayes. 4. Idle and unthrifty perſons, are occaſioned by ſuch play dayes to do evill. 5. ſeing the practiſe of the honorable Courts allow it. 6. lawes and cannos haue decreed it: It may pleaſe your moſt excellent Maieſty, that your pore ſubiects be no more vexed and troubled in Eccleſiaſticall courts, for following their neceſſarie labours upon holy dayes) ſo it be out of the time of divine ſervice) for the ſuſtentation of their families: As in time of poperie the poore Saints were troubled for the ſame: as Iſabel Tracher, was perſecuted for working upon an holy day; William Wingraue & Thomas Haukes for the like: That your excellent Maieſtie reſolue with the Chriſtian Emperour Conſtantine, A nullo &c, preſumi debet, ut authoritate ſua ferias condiat: that none preſume by their own authoritie (without Gods & yours) to make ſuch holy dayes to reſtrain all labour.

THE DEFENCE OF THE FIRST PART of the petition concerning Church Service.

ARTIC. 1. Of uniformity of doctrine.

Obiect. WHAT imputations are theſe, &c. What ſhameleſſe ſuggeſtions, as though there were no uniformity nor conſent of doctrine among us.

Anſw. 1. Are our brethren ſo ignorant that they know not, or ſo wilfull that they will not acknowledge how by diverſe both in their preaching and writing, opinions haue been taught, and defended not having a ſmattering onely, but a rank taſt of Popery. VVhat ſay you then to Popiſh poſitions. Hooker, lib. 1 1. p. 60. & 61. theſe poſitions: there is in man naturally that freedom, whereby he is apte to take or refuſe any particular obiect. The like poſition the Rhemiſts hold, it lieth in man to giue conſent, holpen alſo by grace. Annot. Apoc. 3. 4. they giue not a full ſufficiency or ability but an aptneſſe & inclination to freewill by nature to conſent to any obiect.

There are works of ſupererogation, that a Hook. lib. 2. pag. 122. man may doe more, and God approue much more, then he commandeth. So ſay the Rhemiſts: the workes that wee doe more then precepts, 〈◊〉 called works of ſupererogation, whereby it is evident againſt the Proteſtants, that there be ſuch works. Annot. in Luc. 10. ſect. 3.

That the Ch. of Rome is the family of Ieſus: Hook. lib. 3. p. 130. whence it wil follow that the pope is not Antichriſt, who cannot fit in the family of Chriſt. So the Rhemiſts call it the Church and houſe of Chriſt, confuted therein by our divines as D. Fulk. Math. 16. ſect. 10.

That the Sacraments are morall inſtruments Lib. 5. p. 128. p. 133. of ſalvation, and in their place no leſſe required then faith it ſelfe: This differeth not far from that popiſh poſition, that the ſacraments giue and conferre grace, Rhemiſt. act. 22. ſect. 1.

That the Scriptures and nature ioyntly not Lib. 1. p. 8 • ſeverally are compleate unto everlaſting felicitie.

VVhence it followeth that the Scriptures ſeverally by themſelves are not compleate to ſalvation: VVhat other thing is affirmd by the Rhemiſts, ſaying the Scripture containeth not al neceſſary truth. Heb. 9. ſ. 2.

That the Sacraments are no Sacraments without the ſerious meaning and intention of the Miniſter: the like aſſertion B. Iewell confuteth againſt Harding calling it the very dungeon of uncertainty to ſtay upon the intention of a mortall man. Reply art. c 1. p. 34.

Infants if they haue not baptiſme howſoeuer, &c. the Church as much as in her lyeth ib. 5. p. 135. caſteth away their ſoules. So the Rhemiſts ſay, no man can enter into life everlaſting unleſſe hee bee baptized of water and the Holy Ghoſt. Annot Iohn. 3. ſect. 2. This poſition By one Butler a Commiſſary. of the neceſsity of baptiſme, that infants, dying without it are damned, hath been of late publickly taught, with other poſitions of the like nature, by an unſound dogmatiſt in North ampt on ſhire, as we are enformed. All theſe & divers ſuch like popiſh paradoxes haue been broached & ſet a foote in publick writing, and ſince the Authors death haue been again revived (with whom we wiſh they had been buried) and defended by publick writing to the great offence of ſincere Proteſtants and the no ſmall ioy of ſuperſtitious Papiſts: of this ſort and ſavouring of the ſame leauen are theſe ſuch like doctrines, that iuſtifying faith may be loſt: that it is not proper to the elect: that a man cannot be ſure of his ſalvation: that a man hath free will to beleeve: that Chriſt died not onely for the Elect. Theſe and ſuch like poſitions haue been publickly by ſome maintained, both in pulpits and Scholes: How then are not our brethren aſhamed to call theſe falſe imputations and ſhameleſſe ſuggeſtions.

2. VVee charge not the Leiturgie with Popiſh opinions, though we wiſh it diſcharged of ſome needleſſe ceremonies: and what a ſimple argument is this; The book containeth no popiſh opinions: Ergo none haue been taught in the Church, or there is a book of articles of religiō agreed upō, & in thē an uniformity of doctrine in ſom things: Ergo there is an uniformity of doctrine preſcribed for all other points. There are diverſe hundred points of doctrine, wherein Proteſtants and Papiſts diſſent; the fourth part of them is not conteyned in that booke. VVe reverence and allow that book, and wiſh, that what is wanting may be added, that an uniformity Vniformitie of dostrine. of doctrine may be agreed upon for all other poynts of doctrine, as is done for thoſe already there expreſſed.

3. VVee put not weapons into the adverſaries hand to wound us, which complaine of unſound teaching, but they giue occaſion & advantage to them that depart frō the currāt doctrine of the Proteſtants, and refine over the old Popiſh dregges. VVherefore our brethrens words (it bad been good that theſe men had been never able to write, then to write thus to the ſcandale of Gods Church and his ſacred truth) might more truly haue been uttered againſt thoſe that haue thus in their writing maintained corrupt popiſh doctrine, then againſt them that haue profitably employed both their tongues and pennes againſt the common Adverſarie. How far now are our Brethren from the Spirit of Moyſes, who wiſhed that all the people of God could prophecy. And Numb. 11. 28. our Saviour biddeth us to pray the Lord of the harueſt to ſend forth labourers into his harveſt. But theſe wiſh that many Mat. 11. 38 profitable men had been never able to write.

VVe may ſay to them as Hierome to his adverſary: there are Papiſts among us, Atheiſts, Hier. ad Theophi. adverſ. Ioan. Hieroſ. Familiſts, &c. VVhy do they not taxe them, haue they a ſpite onely at us? doe wee onely make a rent in the Church that communicate with the Church: Nos ſoli qui Eccleſiae communicamus: Eccleſiam ſcindere dicimur.

ARTIC. 2. Of bowing at the name of Ieſus.

Obiect. REverence done at the name of Ieſus is not ſuperſtition, &c. But an apparent token of devotion: why doe they not find fault likewiſe with kneeling, ſighing, weeping, &c.

Anſw. 1, How followeth it? wee may kneele, ſigh, weep, knock upon our breſts, hold up our hands to heaven in our prayers: Ergo it is lawfull to bow at the name of Ieſus: ſeing for the one we haue warrant both by precepts and example of Scripture, and ſo wee haue not for the other. 2. In that the knee is bowed rather at the name of Ieſus then of Chriſt, or of God the Father, and God the holy Ghoſt, it is evident that this reverence is done to the name, not to the divine Maieſty, which equally in all theſe names is to be adored: if then the ſound of the name be adored, it is ſuperſtition: if the perſon, it bringeth an inequality of the Godhead. 3. As well may the name of Ieſus be bowed unto, when it is ſeene painted or written in the glaſſe windowes, as when it is pronounced: for why ſhould not the ſight thereof be as holy to the eye, as the ſound to the eare? And indeed thus a certaine late Popiſh Synode perſwaded to kneele down before an image becauſe the people bow at the name of Ieſus: theſe are their words: Nec maiori idololatriae periculo, quam ad nomen Ieſu genu flectitur: quem enim vocula curſim auribus inſinuat, hunc eundē fidelibus oculis imago repraeſentat. 4. The petitioners therefore had good cauſe to moue, that miniſters be not (contrary to their iudgement & conſciece, wit hout warant of the word) to teach their people: for that place which is commonly alleadged Phil. 2. 10. God hath given him a name aboue all names, that at the name of Ieſus ſhould every knee bow, both of things in heaven, things in earth, &c. can haue no ſuch meaning. 1. The Apoſtle ſpeaketh not of the outward knee for the Angels haue no ſuch knees, wc notwithſtanding do bow at the name of Ieſus, as the Apoſtle ſaith: let all the Angels Hebr. 1. 6. of God worſhip him. And Ambroſe ſaith: agnoſcentes Angeli myſterium genu illi flectentes: Ambroſ: in • . lim. 3. the Angels do bow their knees. 2. Neither doth the Apoſtle ſpeake of a name conſiſting of letters and ſillables, but of the divine power given unto Ieſus, that ſhall be adored of all, as the Prophet expoundeth: every knee ſhall bow to him, and every Eſay. 25. 23. tongue ſhall ſweare by him. This argument is urged by Ambroſe, nomen quod eſt ſuper Ambr. in Ph. 1. 2. omne nomen, &c. this name aboue all names is the name of God: if this name did not conſiſt by nature, it were not aboue every name: appellativum enim nomen in ſolo vocabulo eſt, non in natiuitate naturae: a name appellatiue is onely in the word, not in the naturall generation.

3. Of the puklick reading of Apocrypha.

Obi. THEY are groſſely ignorant, if they know it not, or wilfully malitious, &c. if knowing they impugne, &c.

Anſw. 1. I hope our brethren will not Defenſ: Apol: p. 57 • account Reverend Biſhop Iewell either groſſely ignorant, or wilfully malitious and turbulent, though they ſo call vs at their pleaſure, who proueth out of the Laodicene and Hipponenſe Councell, as alſo Laodicen: canſ: 59. out of Chriſoſtome, and the decrees of the French Kings liues, and Charles, that nothing ſhould bee read in Chriſts congregation but the Canonicall Scriptures: The words of the Laodicene Councell are theſe: non oportet libros qui ſunt extra canonem, legere, niſi ſolos canonicos veteris & novi teſtamenti. 2. Hierome himſelfe, (who is here obiected giving way to thoſe times, ſeemeth ſometime to tolerate the reading of the Apocriphall books for the ſtories ſake, yet wiſheth the ſame to bee done cautelouſly: Caveat omnia Apocrypha, &c. Take heed of the Apocrypha; and if Hierom: ad Laetam. any will read them, not for the worth of doctrine, but reverence of the ſtory, know he that they are not theirs, whoſe title they beare: Multaque his admixta, vitioſa, & grandis eſſe prudentiae aurum in lute quaerere. And that many faulty things are mingled, and it is a prudent part to ſeeke gold in the mire.

3. But the Apocrypha giue light to the divine ſtory.

Anſw. So doth Ioſephus and Plinie, with other foraine writers: doth it follow therfore that they ſhould bee read in the Church; though they giue ſome light, yet the Scripture giueth to it ſelfe a greater light: which as his Maieſty ſaith: is alwayes the beſt interpreter of it ſelfe. And 〈 in non-Latin alphabet 〉 . p. 10 Meditat. in 20. Revel. in another place his Maieſty excellently writeth: We are taught, onely to uſe Scripture for the interpretation of Scripture, if we would be ſure, and never ſwarue from the analogie of faith in expounding.

4. Our reaſons againſt the publick reading of Apocripha are theſe. 1. In the Church of the Iewes in the Apoſtles time onely Moyſes and the Prophets were read. Act. 13. 15. & 15. 22. 2. The Scriptures are ſufficient both for doctrine and manners, 2. Tim. 3. 16. 3. Becauſe the Apocrypha books, as Hierom ſaith, contayne many falſities mixed with truth. The contradictions between the Canonicall book of Eſther, and the Apocryphall are divers, and not to be reconciled, as the learned haue noted: the ſtory of Bell and the Dragon, Hierom calleth fables: and ſo doth Auguſtine in Tobie the Angell is Conſule Whit. q. 1. de ſcript. c. 18. Praef. in Dan. Aug. de mirabilibus. lib. 2. c. 32. broght in to tel a tale, that he was of the ſtock of Azarias c. 5. 8. The devil is driven away with the ſmel of a broiled liver. c. 8. 3. The ſtory of Iudith commendeth ſuch trickes and deviſes, as became not the modeſty of a woman profeſſing vertue. Eccleſiaſticus telleth us that Samuell prophecied after hee was dead. c. 46. 20. In the Macchabees, Iudas is commended for offering ſacrifice for the dead, l. 2. c. 12. Razis extolled for killing himſelfe. l. 2. c. 14. v. 42.

4. Books that beare falſe titles are not to be read in the Church, which the Canon calleth 〈 in non-Latin alphabet 〉 . can. Apoſt. 59. but ſuch are the Apochriphall books. Hierom ſaith: non eorum eſſe, quorum titulis praenotantur: they are not theirs whoſe title they ſhew. Auguſtine ſaith, that the booke of wiſdome is thought to bee Salomons, propter non nullam eloquij ſimilitudinem, but for ſome likeneſſe of the ſtyle: l. 17. de Civ. Dei c. 20.

5. That which giveth occaſion of error, ſhould not be admitted: but the reading of Apochripha is occaſion of errour; to induce the people to thinke that they are Scripture: And therefore the Laodicene Councell ioyneth both theſe together quae oportet legi, & in authoritatem recipi, haec ſunt: theſe are the books which ought to be read and received into authority. can. 59. Ergo &c.

Laſtly, what other thing haue the petitioners here moved, then his Maieſty hath firſt written: As to the Apocripha books I omit them, becauſe I am no Papiſt, and 〈 in non-Latin alphabet 〉 . p. 1 • indeed ſome of them are no wayes like the ditement of the Spirit of God. I hope now our brethren will leaue for the urging of this point of thoſe fierce termes of groſſely, ignorant, wilfully malicious, and turbulent, leſt wee ſay to them as Auguſtine to Iulian, when hee had produced Hilarie againſt lib. 2. cont: Iulian. pelag him: nunc ergo ne tuis ſtomachi fellis indigeſta maledictorum cruditate rumpatur, in bunc evome ſi audes calumnioſas tuas vanitates: Now leſt your ſtomacke burſt with undigeſted rankor, caſt it upon him, if you dare, &c.

THE DEFENCE OF THE SECOND part of the Petition concerning Church Miniſters.

1. Of a learned Miniſtry.

FIRST in that we deſire that none but Preachers from hence forth bee admitted to the miniſtrie: what do our brethren meane to impugne ſo honeſt and reaſonable a petition; doe we herein requeſt any more then his Maieſty hath in his princely Book approved, thus writing: ſee all your Churches within your Dominions planted with good paſtors: what 〈 in non-Latin alphabet 〉 . p. 43. is there now ſo groſſe in our Church which theſe men will not mayntayne, taking vpon them to iuſtify an vnlearned miniſtery, vnleſſe they miſtike this motion becauſe it proceedeth of vs Hierome ſayth in alijs probant quod in me reprobant, quaſi praefac. in paralip. virtus & vitium non in rebus ſit ſed cum authoribus mutetur. They like that in others, which in me they miſlike, as though good and evell were not in the things, but altered with their authors. 2. what reaſon had they for the Lord day, which terme the petitioners Of the name of Sunday. vſe, to ſay Sunday? Doth this name which was inuented of the heathen, better like them then the name of that day, found in ſcripturs: Or did not the fathers much miſlike thoſe heatheniſh Apoc. 1. 10. 〈 in non-Latin alphabet 〉 . Pref. in Pſal 43. names of the dayes of the weeke? As Auguſtine thus writeth of dies Mercurij nolumus vt dicunt at que vtinā corrigantur ne dicant. We would not haue men cal it Mercury day or wedneſday? and I wiſh that order were taken, that they might not ſo call it. The very papiſts themſelues confeſſe that the word Sunday is an heatheniſh calling. And ſome of our beſt writers acknowledge that the name of Sunday & the reſt Fulk Rhemiſ annot. in apoc 1. 10. had an heatheniſh beginning, & therefore were better to bee otherwiſe termed. But paſſing over theſe lighter matters wee will firſt produce our reaſons for a learned Miniſtry: and then examine theirs in iuſtification or excuſe of an unpreaching order in the Church.

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Reaſons and arguments shewing the neceſsity of a learned Miniſtry.

Arg. 1. THE Lord ſayth by his prophet, becauſe thou haſt refuſed knowledge I baue refuſed thee, thow ſhalt be no Prieſt vnto mee Hoſ: 4. 6. ſo ſayth Gregory qui quae Dej ſunt neſciunt, a Deo neſciuntur: they which know not the things of God, are not knowen of him. Paſtorol: par. 1. c. 1.

Arg. 2. Paſtors and Miniſters are the A learned Miniſtery neceſſary. Lords ſtewards 1. Cor. 4. 1. but no man will appoynt an vnſkilfull ſteward ouer his houſe, as our Sauiour ſayth who is a faithfull ſeruant and a wiſe whome his Maſter hath made ruler over his houſhould to giue them meat in due ſeaſon. Math. 24. 25.

Ergo ignorant & unfit perſōs much leſſe are to be ſet over the Lords houſe, Ambroſe ſaith: Si terreſtrium rerum diſpenſatores idonei quaerēdi ſunt, quanto magis coeleſtiū, if fit ſtewards of earthily things muſt be ſought for, much more of heavenly. in 1. Tim. 1. 3.

Arg. 3. Hierom urgeth to this purpoſe that ſaying of our Saviour, ſi infatuatū eſt Hier. ad Heiodor. ſal, &c. if the ſalt looſe his ſavour, it is good for nothing, but to be caſt out. Mat. 5. 13.

Ergo ignorant miniſters as unfatuate and unſavory ſalt, ſhould be caſt out.

Arg. 4. Ignorance is excuſable in the people: my people goe into captivity becauſe they haue no knowledge: Eſay. 5. 13. much leſſe is it to be ſuffered in the Miniſter: this reaſon is alleadged by Leo: ſi in laicis vix tolerabilis videtur inſcitia, quanto magis in ijs, qui praeſunt, nec excuſatione digna eſt nec venia. If ignorance in lay men be intolerale, much leſſe in thoſe that are ſet over them is it excuſable or pardonable. epiſt. 22. ad Cler, Conſtantinopol.

5. That is not to bee ſuffered which tendeth to the ruine of faith: but by an unlearned miniſtery faith decayeth, which commeth by hearing the word preached: Rom. 10. 17. thus reaſoneth the Councell of Toletane 4. c. 24. let all their work be in preaching, ut aedificent cunctos fidei ſcientiam, &c. that they may edifie all in the knowledge of faith.

6. That ſhould not bee permitted in the Church which giveth occaſion to the deſtructions of mens ſouls: But ſuch is an unteaching miniſtery: if the blind lead the blind, both fall into the ditch: Math. 15. 14. And it is as Hierome ſaith: tanquam perforatam navim debilis gubernator regat: as Hierom. ad Chromatium though an unskilfull Pilote ſhould be ſet to guide a broken ſhip.

7. S. Paul doth eſpecially require this, as an eſſentiall property in a miniſter to be 〈 in non-Latin alphabet 〉 , apt or able to teach. 1, Tim. 3. 2. Hierom ſaith well: Innocens & abſque ſermone converſatio, quantum exemplo prodeſt, Hier. Ocean. tantum ſilentio nocet, An innocent converſation without teaching as it helpeth by example ſo it hindreth by ſilence. And it is Origenes note upon theſe words of Paul: wo is me, if I preach not the Goſpell &c. propter hoc ſolum, Tract. • 3. in Math &c. for this thing onely, if I preach not, not for converſation is this woe pronounced.

8. That ought to bee declined, which is ſent as a puniſhment and iudgement upon the people: But dumbe and ignorant miniſters are a puniſhment, &c. as the Lord threatneh to take away the Prophet Eſay. 3. 2. And there ſhall bee like prophet, like Prieſt. Eſay 24. 2. So ſaith Iſidore as he is alleadged Aquiſgran c. 25. pro malo merito plebis aufertur doctrina praedicationis, Ergo, &c.

9. All thoſe whom Chriſt ſendeth are furniſhed with gifts accordingly: Eph. 4. 8. 11. Hee hath given gifts vnto men, &c. ſome Apoſtles, ſome Doctors, &c. Ieroboam made of the baſeſt of his people to bee Prieſts of his golden calfes: onely Aarons ſonnes, miniſtred to the Lord at Hieruſalem. 2. Chron. 13. 9. 10. VVhat ſhepheard will carry into the field a dogge that can not not barke: for as Hierome well ſaith: Hier. ocean. latrata canum, baculoque paſtorum, luporū rabies deterrenda eſt: the wolves rage, the ſheapheards ſtaffe, and dogges barking muſt aſſwage. VVherefore ſeeing ignorant miniſters are as dumb doggs, Ieroboams Prieſts, men of no gifts, they are not ſent of Chriſt, &c.

10. VVee will adioyne the conſent of antiquity and decrees of Counſels, that haue condemned rude and ignorant miniſters: Ca. Apoſtol. 57. Epiſcopus aut preſbyter, qui negligentius, &c. A Biſhop or preſbyter that is negligent about the people, and doth not inſtruct them in piety, muſt be put from the Communion.

Valenſ. ca. 2. pro aedificatione omnium Eccleſiarum, &c: for the edifying of all Churches, it pleaſeth vs that not onely in cities but in all pariſhes we giue power to preſbyters to preach: that if the preſbyter beeing ſick cannot preach himſelfe the homilies of the fathers be read by the Deacons. Toletan: 4 c. 24. Ignorantia mater, &c. Ignorance the mother of all errors is eſpcially to bee avoyded in the miniſters of God who haue taken vpon them to preach to the people: let ſuch therefore know the Scriptures that all their work may conſiſt in preaching, and to edifie all in faith and manners.

Aquiſgranenſ. c. 13. ex Gregor. praeconis officium ſuſcepit: he taketh upon him the office of a preacher, whoſoever commeth into the Prieſthood. The miniſter then or Prieſt if hee bee unskilfull of preaching, what voyce can hee giue that hee is a dumbe crier.

Colonienſ. p. 4, c. 1. Officium parachorum, &c. the office of pariſh miniſters conſiſteth in two things, the diſſemination of the word, and adminiſtration of Diſcipline.

Obiections made in defenſe of an unlearned miniſtery anſwered. Obiect. 1. DOTH not the ſufficiency of miniſters, Suſcipere magis & minus, admit of his degrees.

Anſw. Doth it follow? the ſufficiency of miniſters doth ſuſcipere magis & minus: Ergo, all need not preach? VVee grant that there are diverſities of gifts: ſome haue leſſe, ſome greater; but is it ſimply inferred, that therfore they which haue no gifts at all ſhould be admitted.

2. Obi. Were the miniſters of the Primitiue Church all of them able to preach?

Anſw. It is untrue, that there were No unpreaching Pastors in the primitiue Church. any Miniſters in the Primitiue Church which had charge of ſoules, being not able to preach. Chryſoſtome and Peter Martyr with others are onely named, their words are not alleadged: the firſt indeed ſaith: Senioribus, qui inutiliores ſunt, hoc baptizandi munus committimus, verbum autem quod doceant, ſapientioribus: Wee commit the office of Baptiſme to ſome ſomewhat unprofitable, but the preaching of the word, to the wiſer ſort. Peter In 1. Cor. 1. Martyr ſaith: tingendi munus cuilibet in Eccleſia committi potest. the office of dipping may bee committed to any. But firſt theſe teſtimonies ſerue not for the Primitiue Church, which reached not to Chryſoſtoms time (if we ſpeak properly) yet Chryſoſtome ſpeaketh but by way of Chryſoſt. ibid cōpariſon, that where miniſters were, they made choyce of the wiſeſt for preaching: in comparatione civili prudentia utitur: hee ſpeaketh by way of compariſon, as civill wiſe men uſe to do: they were not then altogether unprofitable, that baptized, but in compariſon. And Peter Martyr ſpeaketh not of miniſters onely, but his opinion was that any might dippe or lay on water the miniſter uſing the words, which conceit wee leaue unto the Author. Further wee deny not but that in ſome Churches Deacons, and other Miniſters baptized, which preached not (which uſe how commendable, wee are not now to diſcuſſe.) But never ſhall it bee ſhewed, that in the better and firſt ages of the Church any Miniſter had the charge of ſoules, that could not preach, as Chryſoſtome ſheweth: quoniam oportet & eum quae ſunt Rectoris habere, idcirco ſubiunxit aptum ad docendum: becauſe hee muſt haue thoſe things, which belong to the Rector or ſpirituall governour, hee addeth apt to teach, &c. this is not required of the people, ſed illi ante omnia adeſſe debet: but hee muſt haue it aboue all which taketh upon him this office. Laſtly, admit that ſuch a corrupt uſe had crept into the Church to allow unpreaching paſtors, yet is it directly contrary to the Apoſtles precept who maketh it of the eſſence of the paſtor to bee apt to teach. 1. Tim. 3 2. ſuch was alſo the practiſe of the Primitiue Church: all their paſtors were preachers. Act. 20. 28. 1. Theſſ. 5. 12. 1. Pet. 5. 2.

3. Obiect. The urging of that ſtrange doctrine, that hee is no Miniſter, that can not preach, &c.

Anſw. The vrging of that doctrine, Vntruth. We ſo urge not. that hee is no Miniſter that cannot preach: what is it to the petitioners? they ſo affirme not. Is it all one to ſay, there ought to bee no Miniſters that can not preach, & they are not Miniſters that can not preach? why do our brethren, whom the ſchooles might teach to diſpute ad idem, thus breake out into matters not in queſtion betweene vs. VVee denie not, but that ſuch are Miniſters, though vnprofitable ones, & the ſacraments giuen by them ſacraments, yet vnduly miniſtred: and wee ſay of them. as Auguſtine in a ſomewhat diuerſe caſe: in bonis ſacramentis non Contra creſcen. lib. 1. c. 26. ſunt boni, quomodo in bona lege non ſunt boni Iudaei: The ſacraments are good, but they are no good Miniſters of them.

4. Object: Hath it not made the Browniſts confidently to reproch vs, that our Church is no church, &c.

Anſw. 1. Neither is it true that the Browniſts condemne our Church and Sacraments. Vntruth. &c. onely becauſe ſome of the Miniſters could not preach: for they miſlike alſo and condemne the moſt painfull preachers amongſt us, but they pretend many other reaſons of their ſeparation, 2. Our brethren needed not therefore to haue caſt the Browniſts in our noſe, ſeeing it is well knowen that the miniſters which deſire reformation haue moſt of all other oppoſed themſelues by writing to that faction, 3. But is this a good argument: the Browniſts haue taken offence at unpreaching Miniſters: Ergo there may be ſuch, &c. Nay rather the occaſion of their offence & ſtumbling ſhould haue been removed.

5. Object. It is not poſſible to haue all Miniſters men of worth till all church liuings bee very ſufficient, &c.

Anſw: Of like conſequence is the argument A learned ministery poſſible. that followeth, The liuings are not ſufficient to mayntayne preachers Ergo it is not poſſible to haue all preachers and men of worth. 1. VVhy doe our brethren then of Oxford and Cambridge hinder the ſufficiency of Miniſters mayntenance, as much as in them lyeth by gainſaying the Kings princely motion, for diſpoſing of the leaſes of impropriations to the vſe of the incumbent preachers, whereof wee ſhall haue cauſe to intreat afterward. 2. This yet is no excuſe for ſuch vnſufficient Miniſters, as enioy ſufficent liuings wherof there are a great number. 3. Although the want of mayntenance bee a great let to a learned Miniſterie: yet it is poſſible though with much difficulty, to plant preachers even where ſuch defect is, as in the Apoſtles tyme, and many yeares before the Church was endowed: and the next way to enlarge the Miniſters mayntenance were to place every where worthy men whoſe painfull labours would provoke mens liberality: At the leaſt, let ſuch Churches as haue ſufficient mayntenance, firſt bee ſufficiently provided of good men: And for the enlarging of the reſt, the Prince and the ſtate muſt bee humbly ſued vnto. And Clergy men for ſo much as lyeth in their power, ſhould ſhew themſelues ready by their example.

6. Obiect. Many do pleaſe themſelues in their extemporall gifts. &c.

Anſw. Is not this alſo a goodly argument: Of extemporal Preachers Many do pleaſe themſelues in their extemporall gift, &c. and for their groſſe ignorance haue deſerved to be blotted out of the number of preachers: ergo all Miniſters need not to be preachers for this muſt bee the concluſion, or elſe they do but trifle: as though the preſumption of the one doth excuſe the idleneſſe of the other: becauſe one ſhooteth too far, ſhall another ſhoot too ſhort. An extemporall gift as wee ſimply allow not (for the word of God muſt bee reverently handled) ſo wee ſee not why men of long ſtudy and exerciſe may not, where the preſent neceſſity is ſuch, ſhew their readineſſe that way. As Origene was ſometime forced to doe: ſingula rimari extemporaneus Homil. 8. in Levit. iſte ſermo non patitur: Such extemporall preachers were Ioan. Antiochen, presbyter, and Honoratus Muſsilienſ. epiſcopus, extempore in Eccleſia declamator. An extemporall preacher in the Church. And as extemporall ſermons are looſe, ſo boſome ſermons, that are verbatim delivered, are too curious: as wee condemne the one, ſo wee commend not the other approving therein the iudgement of Auguſtine; Donec ſignificet, i. ſe intelligere, verſandum eſt quod agitur multimoda varietate dicendi, quod in poteſtate non habent, qui praeparata & ad verbum memoriter retenta prvnnntiant. Till it appeare that the people underſtand that which is handled it muſt be opened with variety of phraſe, which they that repeat things word for word as they haue conned thē by hart cānot do. Thus by ſuch weak arguments, as we haue ſeene the Confuters haue boulſtered out (as Mammets and men of ſtraw) the dumbe and Idoll Miniſters. VVee are right ſorry that Oxford Doctors now under the Goſpell ſhould ſo much ſwerue in the iudgment of the truth from their predeceſſors in the time of Poperie: who decreed much better concerning this mater, then theſe men now write. Preſbyteris parochialibus diſtrictè iniungimus &c. we enioyne the preſbyters of every pariſh to inſtruct the people commited to them, with the word of God: ne canes muti iudicentur Concil. Oxonienſ. ſub. Stephan. cum ſalubri latratu in caulis dominicis luporum ſpiritualium morſus non repellunt. This Councell calleth them all dumbe dogges, that do not inſtruct and preach unto their people, and driue away by their wholeſome doctrine the wolues.

VVherefore O moſt noble King 1. ſeing God refuſeth them to be his miniſters, that The concluſion. haue no knowledge, 2. neither are ſuch fit ſtewards over Gods houſe, 3. they are infatuated ſalt, 4. ſeing ignorāce is inexcuſable in the people, much more in the paſtor. 5. & by the ignorāce of ſuch faith decayeth. 6. the deſtruction of many ſoules enſueth. 7. ſeeing a Miniſter by S. Pauls deſcription ſhould bee apt to teach. 8. and that it is a puniſhment ſent of God to haue unskilfull ſhepheards. 9. and all whom Chriſt ſendeth, he furniſheth with gifts. 10. Seing by the canons and practiſe of the Church ſuch unſufficient Miniſters are condemned: Seing nothing can be obiected in the contrary of any moment, 1. Ob. that although there bee diverſe gifts, yet every paſtor ought to haue them in ſome meaſure. 2, Obj. neither were there any paſtors in the Primitiue Church no preachers, 3. neither is it a thing impoſſible to haue every where ſufficient Paſtors, VVe are perſwaded that your Chriſtian Maieſty out of your Princely iudgment will in due time ſee the Church reformed in this point and therein follow the example of that noble Charles King of France who enacted thus: providimus pro aedificatione omnium Eccleſiarum, &c. Wee haue provided for the edifying of all Churches, that not onely in Citties, but in all pariſhes, the preſbyters Synod. Arelat. ſub. Carolo. cauſ. 10 preach the word to the people, that they may learne to liue well, &c.

ARTIC. 2. Of the removing or ſupplying of unlearned Miniſters.

1. Obiect. HOW charitable are theſe men that would haue men removed out of the miniſtry, &c.

Anſw. 1. How can the Petitioners bee counted uncharitable, when they wiſh ſome charitable courſe to be taken for the reliefe of unſufficient Miniſters. Neither is it propounded ſimply, but with a disjunction, or elſe that they be forced to maintaine preachers, according to the value of their livings, &c. And wee pray you, how many are there to be now found, that were entreated to take upon them the Miniſtry for want of ſufficient men, or that were in time paſt ſufficient and are now decayed by age, ſickneſſe &c. are there not almoſt an hundred other unſufficient Miniſters to one of this ſort? and they that are of that quality, why ſhould they not haue coadiutors, as Auguſtine was to Valerius, Eradius to Auguſtine, Nazianzene to his Father: Anyſius to Acholius of Theſſalonica. Should the people periſh for want of inſtruction becauſe of their infirmitie? But ſay it had been ſimply moved to haue all unſufficiēt miniſters removed, ſo they were provided for: is this courſe uncharitable? then count the Apoſtle uncharitable, who willeth that he wch laboureth not, ſhould 2. Theſſ. 3. not eat: or what think you of theſe ancient canons: peregrini preſbyteri, ſi praedicatores ſint veritatis ſuſcipiantur, ſin minus, ne neceſſaria ſubminiſtrentur eis, Can. apoſt. 34. Epiſcopus vel preſbyter, &c. ſi in pietate populum non erudit, a communione ſegregetur, ſi in ea ſocordia perſeveraverit, deponitur: can. 57. So was it alſo decreed in the Councell of Oxford: ſi reſidere noluerint, cum non niſi laborantibus panis dandus ſit, Eccleſijs per Epiſcopum ſpolientur. Say alſo that they are uncharitable that thus decreed; that unpreaching Miniſters ſhould not be releeved, that they be put from the Communion, and finally if they continue in theyr idlenes, to bee depoſed.

2. Object: How can they maintayne preachers that haue not where with to mayntayne themſelues, &c.

Anſw Many vnſufficient and vnpreaching Miniſters haue ſufficient liuing and mayntenance, and as many, as wee thinke are of that ſorte, well provided for that wayes, as are not: inioying ſome an 100 markes, ſome an 100. pound by the yeare ſome more: and thoſe might very well he charged to maintaine preachers, the reſt, that are not able alone, two or three ſhould ioyne together to haue a preacher by courſe, rather then the Churches ſhold be altogether unfurniſhed, till better proviſion be made.

3. Object How much better hath our Church deuiſed to ſupply the defects of ſome men, &c. by other meanes, as by the frequent reading of ſcripture, &c.

Anſw: Our brethren tell us of better ſupplies of theſe defects, then by preachers: To be otherwiſe ſupplied as by frequent reading of ſcripture, by the forme of common prayer, by the reading of homilies, quarterly ſermones: for anſwere wherevnto wee ſay, 1. if quarterly ſermons make a good ſupply, wee hope that weekely ſermons euery Lords day afford a better: how vnaduiſed then 〈1 page duplicate〉〈1 page duplicate〉 are our brethren to call the word ſeldome preached a better ſupply then the ſame diligently preached? 2. Biſhop Ridley is alledged to ſpeake in commendation of the booke of common prayer: neyther doe wee for the ſubſtance condemne it: the times muſt bee conſidered wherin he wrote, when the maſſe was reſtored, in reſpect whereof our Leiturgy is much to be preferred. His words further are theſe, Howſoeuer in tyme paſt in certayn by matters and circumſtances of religion your wiſdome and my ſimplicity (I grant) hath a little iarred: Fox Martyrol. p. 1504. epiſt. ad Hooper. ex epiſt Rid: ad Hooper. Here the ſame Reverend Biſhop giueth way to Biſhop Hooper, and modeſtly confeſſeth his too much ſtifneſſe in mayntayning of ſome ceremonies. But he was farre off from making the booke of common prayer a ſupply of preaching, and therefore he is here very impertinently alledged. 3. But what vnſauory words are theſe to ſay that the reading of homilies and of the booke of common prayer are ordinary and effectuall meanes to continue and increaſe the people in the true fayth: 1. VVe had thought that as the word of God is the ordinary effectuall meanes to begette faith: as the Apoſtle ſheweth, that faith commeth by hearing. (Rom: 10, 7.) the word preached. v. 14. So it had beene likewiſe the ordinary effectuall meanes to encreaſe faith, according to S. Peter: as new borne babes deſire the ſyncere milke of the word, that yee may grow thereby. 1. pet. 2. 2. VVee are not only begoten by the word, but wee alſo increaſe and grow thereby. Hierome, or who alſo was the author, ſayth much better: Quando doctrina non erit in Eccleſijs, &c. when teaching is not in the Church, Reg. monar • . wee know that all vertues periſh; becauſe the word of God is not taught: But if reading were the ordinary and effectuall meanes, &c. vertue for lacke of other teaching, needed not to periſh 2. But if they be ordinary meanes, &c. then tell vs, do thoſe Churches which haue no ſuch reading of Homilies. as in Scotland, Geneva, &c want the ordinary and effectuall meanes to encreaſe them in the true fayth: and ſhew vs how many of the people haue been converted, and increaſed in the faith, by theſe your ordinary and effectuall means. 3. VVee commend reading of ſcripture, and allow a godly forme of prayer, but not as principall and ſole meanes by them ſelues effectuall or ordinary to increaſe or beget fayth: More equall ſeemeth to be that decree of the Lateran Coūcel inter caetera &c. Among other things, which Lateranenſ. ſub. Innocen. 3. c. 10. concerne the ſaluation of the people: pabulam verbi Dei per maximè ſibi noſcitur neceſſariū. The foode of the word of God is knowne to be moſt neceſſary. for as the body is not nouriſhed without materiall food, ſo neither is the ſoule without ſpirituall?

This decre prefereth the foode of the word of God before all other helpes: not as our brethren which ſay the defects of ſome men may be ſupplyed better, then by preaching. 4. Laſtly, our kingly Eccleſiaſtes hath determined this queſtion, that faith commeth not by reading, but by hearing the word preached, who hauing firſt taught his princely ſonne deligently to read, and to meditate in the word of God addeth further. I ioyne to this the carfull hearing of the doctrine with reverence and attention, for faith commeth by hearing 〈 in non-Latin alphabet 〉 . p. 4. ſaith the Apoſtle. By preaching of the word then are wee begotten vnto God, and by the ſame as by a notable ordinary meanes wee grow and encreaſe. Bernard hath a good ſaying: qui creauit nos, creatur in De interior. donis. c. 21. nobis &c. He that did create vs, is created in vs, and as though it were not enough that wee haue God to our father he will haue vs to be his mother. fide concipitur Chriſtus, verbi praedicatione naſcitur: by fayth is Chriſt conceaved, by the preaching of the word he is born in vs. The wiſe man ſaith: Where there is no viſion (or as the great bible readeth: where the word of God is not preached) the people periſh. prov: 29. 18.

And yet our brethren, as though they had neuer read this place, are not affrayd to affirme that reading is as effectuall a means to encreaſe men in the faith. I would they had not given occaſion to haue Iobs words returned upon them, Iob. 13. 4. lib. 1. in. luc. Yee are all Phyſitians of no value, and as Ambroſe ſaith: leprae medicina verbum eſt, contemptus utique verbi lepra mentis eſt: The medicine agrinſt leproſie is the word, and the contempt of the word the leproſie of the ſoule. they then that extenuate the preaching of the word, are like ſooner to encreaſe, then cure the maladies of the ſoule.

3. Of Non-reſidencie. Reaſons and arguments againſt Non-Reſidents.

1. PAſtors are ſhepheards: but ſhepheards ought to attend, and bee reſident upon their flockes, as it is ſayd of the ſhepheards. Luc. 2. 8. they watched their flocks by night: upon the which words Ambroſe well ſaith: grex populus, nox lib. 2. in luc. ſoeculum, paſtores ſacerdotes, eſto ergo vigilans: the flocke is the people, the night this world, the ſheepheards the Miniſters; be therefore watchfull. Thus the Apoſtle exhorteth the paſtors of Epheſus, attend unto Act. 20. 28 your ſelues and the whole flock.

2. Diligence and attendance is required in other externall offices: the ſteward muſt giue the houſhould meate in ſeaſon. Mat. 24. 41. He that ruleth muſt do it with diligence. Rom. 12. 8. much more is diligence and reſidence required where men are ſet over the peoples ſoules. Heb. 13. 17. which is more then to haue charge over their bodies and goods. Ambroſe ſaith well: quo praeclarior cauſa, eo cura debet eſſe Offic. lib. 1. c. 44. attentior: the better the cauſe, the greater ſhould be the care.

3. Bernard thus applieth theſe words of Epiſt 88. the Apoſtle, art thou bound to a wife, ſeeke not to be looſed: aut ergo oportuit te gregem dominicum minimè ſervandum ſuſcipere, aut ſuſceptum nequaquam relinquere. You ought then either not at all to haue undertaken to keepe the Lords flocke, or being undertaken not at all to leaue it. But if theſe words of the Apoſtle will not beare this collection, the other going before will, 1. Cor. 7, 20. Let every man abide in that vocation, wherein he is called: but Non-reſidents leaving their flocks abide not in their vocation: ergo, &c.

4. A watchman ought not to leaue his watchtower (Eſay. 21. 8. I ſtand continually in the watchtower by day, and I am ſet in the watch by night: but Paſtors are watchmen: Ezeck: 33. 7. ſonne of man I haue made thee a watchman to the houſe of Iſraell, &c. To this purpoſe Ambroſe well writeth upon theſe words of S. Paul 2. Cor. 6. 7. by watchings, &c. tam ſollicitus erat circa officium ſibi delegatum, ut ne nocte ceſſaret: he was ſo carefull about the office committed to him, that he reſted not in the night.

5. The Prophet calleth him an idle ſheepheard that leaveth the flock, Zach. 11. 7. Our Saviour nameth him an hireling that leaveth the ſheep and flieth: Ioh. 10. 12. But hirelings and idle ſheepheards are not to be ſuffered in the Church. Auguſtine ſaith well, Quae igitur fuga cavenda eſt, &c. What fleeing is to be ſhunned; even that whereof our Lord ſpeaketh; the hireling when hee ſeeth the theefe flieth. Pſal. 141.

6. They that feed not the flocke of Chriſt, are convinced not to loue Chriſt; for our Saviour ſayd to Peter, Loueſt thow mee feed my flock. Iohn. 21. whereupon Damaſus well ſaith: omnis negligenter paſcens, Damaſ. epiſt. 4. decretail. &c. every one negligently feeding the Lords flocke ſo often commended is found not to loue the chiefe ſhepheard: nec eius ſe velle diſcipulum fieri, cuius exemplum negligit imitari: Neither will become his diſciple, whoſe example he neglecteth to imitate.

7. Non-Reſidents cannot diſcharge their paſtoral duty being abſent, as it belongs to the ſheppard to heale the ſicke, to bind up the Eſa. 34. 4. broken, to ſeek that is loſt. Bernard ſaith wel: quomodo ſecurus abis, qui gregi tibi commiſſo omnem de ſe ſecuritatem aufers, &c. How Epiſt. 4. canſt thou bee ſecure being abſent, when thy flocke cannot be ſafe or ſecure, who ſhall comfort them in their tribulations, provide for them in their tentations: quid facient novellae plantationes Chriſti, &c. What ſhall the tender plants do, ſet with thy hand, who ſhall dig and dung thē about, hedge them in, & prune them, &c. theſe duties it is impoſſible for non-reſidents to performe.

8. That is not to bee ſuffered, which bringeth apparant perill and danger to the flocke: but this doth the abſence of the Paſtor: when the ſhepheard is abſent, the wolfe commeth to devoure. Ezek. 34. 5. they were ſcattered without a ſheepheard, and were devoured of all the beaſt of the field. So Ambroſe ſaith, lupi explorant paſtoris abſentiam, quia praeſentibus paſtoribus oves Chriſti incurſare non poſſunt: The wolues do wait for the paſtors abſence, for while they are preſent, they cannot invade the ſheep of Chriſt, Lib. 7. in Luc.

9. Non-Reſidencie doth lay an heavy burthen upon the paſtors themſelues: God will require the ſheep at the ſheepheards hand: Ezech. 34. 10. and if the watchman warne not the people, When the ſword commeth God will require their bloud at the watch mans hand: Ezek. 33. 6. So Hierome well ſaith detrimentum pecoris, ignominia Hier. ad Huriam. pastoris: the loſſe of the flocke ſhall bee a ſhame and confuſion of face to negligent ſheepheards.

10. Wee will in the laſt place adioyne the conſent and practiſe of the Church againſt The conſtitutions of the Church against non reſidentes. Non-Reſidents.

Firſt the Canons haue limited the time of the Paſtors abſence: ſi intra ſex menſes non redierit, &c. If he that is Non-Reſident returne not within ſix moneths, hee muſt bee depriued. Innocen. 3. Greg. 3. 4. 11. Qui infra proximum menſem, &c. Hee that refuſeth to be reſident within one month, let. him bee deprived: Synod. Hildeſhemen. c. 16. But the ancient Canons giue not ſo much liberty. Epiſcopus per tres Dominicos, &c. The Biſhop muſt not bee abſent aboue. 3. Lords dayes from his Church. Sardic. c. 4. Oportet eos qui perſunt Eccleſiis, &c. they which are ſet over Churches ought every day, but eſpecially the Lords day to teach the people precepts of Godlineſſe out of the Scriptures. Tertull. c. 9.

Secondly the Canons puniſh ſuch Paſtors, as are abſent from their flockes: he that returneth not to his Church: oportet communione privari, muſt bee put from the Communion: Antiochen. c. 17. as it is alleadged, diſtinct. 92. c, 7. Et qui receperit, amittat. &c. he that will not be reſident let him leeſe that which he received, and he that gaue it, be deprived of his gift, Later. ſub. Alex. 3. c. 13,

Thirdly Non-Reſidents are deprived of all priviledges, or benefit of law: Qui Eccleſiae non deſervierit, &c. he that attendeth not upō his Church, muſt be deprived, ſublato impedimento appellationis: without having any remedy by appeale: Decr. Greg. 3, 4. 6. non obſtantibꝰ indulgentijs Apoſtol. revoces eas ad reſidentiā &c. notwithſtanding indulgence Apoſtolicall call them home to their Churches. Decr. Greg. 3. 4. 16.

4ly. Gratian the Empr. made a Law, that advocates choſen to any place of government in their country ſhould not extra eam evagari, wander abrood from the charge. Cod. l. 2. tit. 7. leg. 2. And Iuſtinian decreed that advocates aboue 3. yeares abſent from the citty ſhould loſe their priviledge ibid. ti. 8. l. 7. much more is the reſidence of Paſtors required in their Churches, who haue cure of ſouls, if their preſence be ſo neceſſary, that haue charge onely of mens bodies and goods.

Obiections Anſwered 1. Obiect. Many haue two pariſhes committed unto them, which both will not make one living.

Anſw: 1. It were better the paſtors ſhould want maintenance then that many ſoules ſhould periſh for want of inſtruction. 2. where the Church hath not maintenance inough of it ſelfe, it is not helped by accepting of another, for that Miniſter, which is the others ſubſtitute is in want ſtill, ſo the parſon is provyded for, but neyther the place, nor the people. 3. in this caſe prouiſion may bee otherwiſe made for mayntenance, then by pluralities, as by diſpoſing otherwiſe of impropriate tithes: that ſuch as are not yet improved, might bee demiſed for the old rent to the incumbent preacher: ſuch as are improved ſhould bee taxed with a convenient portion, iſſuing forth to the preacher: as alſo Churches may bee vnited for the ſame end: which vniting is by the Canons allowed in 4. caſes. 1. for the paucity and fewnes of the people: quae minus In what caſes Churches may bee vnited. decem mancipia habeat alijs coniungatur Eccleſijs Toletan: 16. can. 4. 2: propter vicinitatem loci, for the neereneſſe of the place, as Gregory did vnite Cumanam & Micenatem Eccleſias. Vicinitas loci nos inuitat cauſ. 17. qu. 1. c. 48. 3. When any Church is vaſted or decayed: poſt quam hoſtilis impietas diuerſarum ciuitatum vaſtauit Eccleſias: cauſ. 16. qu. 1. c. 49. 4. ſi ita fuerint tenues in ſubſtantia, &. If they bee ſo ſmall in ſubſtance, that they are not able to mayntayne the proper paſtor: Greg. 1. 14. 4. 4. This obiection helpeth not them that poſſeſſe many and rich benefices, who are not driuen to haue pluralities of neceſſity, but of an ambitious and covetous mynd, and ſuperfluity.

2. Object: Many haue but one pariſh, &c. which would require two or ten men to ſpeak at once &c.

Anſw. Neither doth it follow, becauſe ſome pariſhes are large, and haue many Chappels, which would require two or ten men, &c. that therefore a man may be as well non reſident in diverſe Pariſhes. 1. the one is a non reſidence neceſſary, it being but one pariſh by the law, the other voluntary: the Chappels are united for neereneſſe of place and want of ſufficient maintenance: but ſome haue Churches far diſtant, which each of them would ſuffice for the Paſtors ſuſtentation: therefore the reaſon is not alike. 2. Such What courſe ſhould be taken with large pariſhes large Pariſhes might without any inconvenience bee devided, as large Dioceſſes haue been ſhared into diverſe: as the Biſhopricke of Tholouſe was devided into fiue: Extravag. com. lib. 7. tit. 2. cap. 5. And heere in England the Dioceſſe of Ely and Oxford were taken out of Lincolne: So alſo large Pariſhes might ſafely be apportioned into more: Propter nimiam diſtantiam Eccleſiae &c. For the great diſtance of the Church a new may bee builded in the pariſh, and a certaine portion of maintenance bee allotted. This liberty Alexanber the third granted in his reſcript to the Arch Biſhop of Yorke. Decret. Greg. lib. 3. tit. 48. cap. 3. 3. Or elſe he that is Rector of the Mother Church ought to provide ſufficient maintenance for the Chappels: as Vrbane the ſecond tooke order in the Placentine Synod; Si quae capellae ſunt quae ſuis reditibus, &c. If there bee any Chappels which are not able by their revenue to maintaine the Clerkes, the Rector of the mother-Church ſhall provide both for the maintenance and Eccleſiaſticall duties in the Chappels. The like conſtitution was made Conſil. Oxoni. ſub Stephan. In ſingulis parochialibus Eccleſijs, &c. In every pariſh church where the Pariſh is ſcattered, there ſhall be two or three Preſbyters, according to the largeneſſe and ability of the church, leſt when one is ſicke, the ordinary duties ſhould be withdrawne.

Object. 3. It hath been permitted by wiſe and godly Magiſtrates, that haue given way unto it, &c.

Anſw. 1. If Princes haue given way by their lawes to non-reſidency, forced through the iniquity of times, to tollerate that which they could not altogether remoue: that doth no more make it lawfull, then for the ſame reaſon vſury ſhould be approved, becauſe in ſome poſitiue lawes it hath been in ſome caſes permitted.

2. If it hath been in ſome caſes and in ſome perſons permitted, and them of beſt deſert, this is no excuſe for non-reſidency for moſt parſons that will; and many of them of meane deſert, and upon ſmall colour and occaſion as it is now practiſed.

3. Princes rather, and other Magiſtrates civill and Eccleſiaſticall, haue by lawes more reſtrained then permitted non-reſidency, as hath beene declared before. arg. 10.

Obiect. 4. That it is abſolutely unlawfull &c. neither hath beene proved or euer will, &c.

Anſw. Abſence from the flocke for a time upon neceſſary occaſion is permitted both by the Scriptures and by the ancient Canons. As 1. for the ſervice of the Church, as Paul ſaith, Bring Mark with thee, for he is profitable unto me to miniſter In what caſe the pastors abſence is permitted for a time from his flocke. 2. Tim. 4. 11. So Ambroſe, Paucorum dierum occupatione detentus, &c. being detayned ā few daies called away by the neceſſities of another Church, I haue been abſent from your Aſſemblies. Ser. 28. Pro ſervitijs Eccleſiae, &c. A man may bee abſent for the ſeruice of the Church, as being preſent at Councels, diſputing againſt heretickes, and ſuch like. Decret. Greg. lib. 3. tit. 4. cap. 13.

2. When the flock it ſelfe doth purſue their Paſtor. Si quis plebis, &c. If any man be abſent becauſe of the oppoſition of his people. Antioch. can. 18. In this caſe Paul ſhooke off the duſt of his feet againſt the Iewes, and turned to the Gentiles. Act. 13. 46. But it is not the ſtubburneſſe of a few that ſhould make a man leaue his flock, as Auguſtine excellently ſheweth; Thou wilt ſay, Feci omnia, nihil me video profeciſſe, &c. I haue done what I could, yet I profit not, I would I might reſt ſomewhere elſe, Oh that I had the winges of a doue, &c. Thus men ſay, Sed plerunque ita ligantur, ut volare non poſſint, ligantur non viſco, ſed officio. But they are bound, they cannot flie, not with bird lime, but in duty. Therefore ſeeing they cannot forſake their flocke, let them ſay with the Apoſtle, I deſire to bee diſſolved, and be with Chriſt. Aug. in Pſal. 54. It muſt not be then the perverſneſſe of ſome, but the reſiſtance of the whole flocke, which ſhould force a man to depart in this caſe.

3. For healths ſake the Paſtor for a while may be abſent, as to change the aire, or when he is deteyned by ſickneſſe, as Epaphroditus was kept from the Phillippians, Phil. 2. 26, 27. So Gregory cauſed one to be reſtored, Qui aegritudinis cauſa per duorum menſium ſpacium Eccleſiae defuit, which by occaſion of ſickeneſſe had been abſent two moneths. Cauſ, 7. q. 1. cap. 3. As Auguſtine when he was ſicke removed from Hippo. Epiſt. 56.

4. In time of perſecution our Saviour alloweth to flee from one Citty to an other, Mat. 10. 23. Metu hoſtilitatis. cauſ. 7. qu. 1. cap. 42. But doth it therefore follow, if for a time upon thoſe neceſſary occaſions, the Paſtor may be abſent, that therefore he may upon an ambitious covetous humor, and at his pleaſure, and that very often, or continually abſent him ſelfe.

Object. 5. In what congruity may hee bee counted an idle non reſident, that is alwaies preſent in ſome part of his charge, &c.

Anſ. And is it enough that a man at ſome time, and in ſome part of his charge take pains? what dawbing is this? Then giue a man 10 or 20 Benefices, for he may at ſome time, and in ſome one of them doe a little duty. Let us bee aſhamed that profeſſe the Goſpell to uſe ſuch cloakes which the Church of Rome hath rejected. Later. par. 29. cap. 6. This is rendered as a reaſon why one ſhould not haue diverſe offices in diverſe Churches, Quia ſingula officia quae ſunt in Eccleſijs, aſſiduitatem exigunt perſonarum: Euery office in the Church requireth the aſſiduity of the perſons. Colon. part. 1. cap. 32. Vnus Preſbyter per omnes ſibi commiſſas Eccleſias ſolus nec perſolvere poteſt, &c. One Preſbyter cannot do all the duties in all Churches committed to him. Mogant. cap. 64. Vnus pluribus Eccleſijs curam impendere neceſſarium nequit. One cannot take care for many Churches.

Object. 6. There are no more intollerable non reſidents then ſome &c.

Anſ. That ſome of the Petitioners or ſuch as favour them are intollerable Non-reſidents, are but idle words, and are worthy of no anſwere. The Confuters ſhall never bee able to ſhew any ſuch thing.

Object. 7. It is impoſſible (as church livings Vntruth. Non-reſidents helpeth not, but hinder a learned Ministerie. are now allotted) that non-reſidency ſhould not be permitted, and yet a learned miniſtry maintained, Princes and Peeres attended upon, &c.

Anſ. Non reſidency nouriſheth an unlearned Miniſtry (ſo far is it from maintaining a learned) when poore Curates are conſtrained to ſerue for ſmall ſtipends, and as the Synod of Collen truly complayned, Colouienſ. ſub Alph. med. 3 c. 9. Churches are ſpoiled of their due ſervices. Meliores, qui laborare in Eccleſia cupiunt, excluduntur. They which would doe more good in the Church, are excluded. As though Princes and peeres were not able to maintaine Chaplens to attend upon them, but ſuch as liue of their flockes where they labour not. It is ambition that draweth ſuch to Princes Courts, not any neceſſary ſervice, which is contrary to the Canons, Sardicenſ. cap. 8, 9, 10. Epiſcopus ambitione magis quam Deo ſervire, ſi videbitur, &c. A Biſhop rather for ambition then Gods ſervice, going to Court, muſt bee depriued, (yet his Maieſty as reaſon is, may haue to preach before him men of the beſt gifts, without any long abſence from their flockes.) Bernard when Pope Innocent ſent for him refuſed to goe, making Epist. 153. his anſwere: Non dico, juga boum, aut villam emi, &c. ſed plane parvulos me lactare fateor &c. I ſay not I haue bought oxen, or a farme, but I ſuckle little ones, and therefore I ſee not how I can come without their great danger.

Vniverſities are not maintained, but hindred by non-reſidents, when by this meanes the elder ſort liue there like drones, and keepe out yonger ſtudents, that might doe more good. As for the maſters of howſes, moſt of their places are ſufficient without other helps to maintaine them in competent ſort, the other might be provided of dignities without cure, that they need not clog themſelues with benefices. Cathedrall Churches alſo may be ſerved with reſidence of Prebends by courſe: there is no neceſſity of continuall or long abſence from their flockes for this cauſe: the onely inconvenience is to their purſe, if they bee not perpetuall reſidents, according to that Canon which forbiddeth, Ne canonici non reſidentes, quotidianas diſtributiones ex integro perciperent. They ſhould but ſo much want of their divident.

VVherefore (moſt noble King) 1. Seing ſheepheards ought to attend upon their flock. 2. and Stewards upon their charge. 3. and every one muſt abide wherein hee is called, 4. ſeeing miniſters are watchmen, 5. and they which flee from their flocks are idle ſhepheards and hirelings, 6. they which feed not the flocks loue not Chriſt, 7. and they which are abſent cannot diſcharge the paſtoral duties, which are many, 8. ſeeing non reſidency bringeth apparant danger to the flock: 9. and maketh the Paſtor inexcuſable: 10. and is condemned by the Canons and conſtitutions of the Church. And further, ſeeing nothing of any moment can bee alledged in excuſe of Non-reſidents, 1. Neither the ſmaleneſſe of living, 2. nor largeneſle of the pariſh, 3. nor ſufferance by ſome poſitiue lawes, giving way to the time, 4. nor abſence upon ſome neceſſary occaſion, 5. Seing non-reſidency tendeth not to the maintenance of learning, Court, Church nor Vniverſity: we truſt your Maieſty is reſolved to cheriſh good Paſtors, and to ſee all Churches planted with ſuch, as ſhall reſide to doe their duty among their people. And to ſay with Ambroſe, Ego Amb epiſt. 54. diligo eos vel Preſbyteros, vel Diaconos, qui cum aliquo proceſſerint, nequaquam ſe patiuntur a ſuo diutius abeſſe munere. I loue ſuch Preſbyters and Deacons, who when they are gone abroade, will not long be from their charge.

ARTIC. 4. Of the Marriage of Ministers.

IT is well our Brethren conſent with us for ratifying of the civill marriage of Miniſters: we would alſo, that they did accord with us concerning their ſpirituall marriage, whereof Ambroſe thus writeth upon theſe words of the Apoſtle, Vnius uxoris virum, &c. Prohibet bigamum Epiſcopum ordinari, ſi vero ad altiorem ſenſum conſcendimus, inhibet Epiſcopum duas uſurpare Eccleſias: He forbiddeth a Biſhop that hath two wiues to be ordained: but if we will go to an higher ſenſe, he forbiddeth a Biſhop or Paſtor to uſurp two Churches.

The fifth Article of Subſcription. Reaſons againſt ſubſcription to the book.

1. MINISTERS were forced to ſubſcribe to many things not warranted by the word: In ſuch caſes the Apoſtle giveth this rule: to whom we gaue not place by ſubjection, not for an houre: Gal. 2. 5. And Hierom confidently ſaith: Ego libera voce reclamante mundo profiteor, &c. I doe Ierom. Augustine. freely profeſſe though the world ſay nay, that the ceremonies of the Iewes are deadly, and pernicious to Chriſtians, and whoſoever obſerveth them is caſt down into the Devils dungeon. VVherefore in impoſing ſubſcription, not to Iewiſh onely, but which is worſe to ceremonies uſed in the Popiſh Church, they layd a yoake upon mens ſhoulders too heauy to beare.

Secondly, ſeeing the preachers conſented in all ſubſtantiall points of doctrine, they ſhould haue uſed their Chriſtian liberty in ſuch ceremonies according to the Apoſtles rule: the kingdom of God is not meate nor drink (nor by the like reaſon apparell) but righteouſneſſe, and peace, and ioy in the holy Ghoſt, for whoſoever in thoſe things ſerveth Chriſt is acceptable to God, and approved of men: let us follow thoſe thing which concerne peace, and wherewith one may edifie another. Rom. 14. 18, 19. Vniformity in ceremonies then ſhould not haue been ſo ſtrictly urged, ſeeing there was a generall conſent in doctrine, but forbearance ſhould haue been vſed in matters (ſay indifferent) for peace ſake: in una fide nihil officit Eccleſiae ſanctae conſuetudo diuerſa. Toletan. 5. can. 5.

3. Though it had been a fault in the preachers not to be conformable in theſe ceremonies, yet did it not deſerue ſo great a puniſhment, as ſuſpenſion, degradation, incarceration, deprivation: that Non-reſidents, idle, ignorant, ſuperſtitious, adulterous Clergie men were not ſo proceeded againſt as honeſt painful preachers, what was this elſe, but with the Phariſees to ſtraine at a gnat and ſwallow a Camell. Such ſeverity in trifles was taxed long ago by Auguſtine: hoc nimis doleo, &c. this They were wont to obſerue the 8. day after baptiſme, Aug. contra Petil. 2. 37. Aliud eſt quod octave die baptizatornm nos celebramus. much greeveth me, that many things wholeſomely commanded in Scriptures, are not endevoured, and all things are ſo full of humane preſumptions, that he is more cenſured that in his octaues ſetteth his bare feete upon the ground, then he that is givē over to drunkenneſſe Epiſt. 11. c. 19.

4. Profitable miniſters though wanting in ſome externall matters ſhould haue been borne with for the common good of the Church: this courſe S. Paul tooke: what then? yet Chriſt is preached all manner of wayes; whether under pretence or ſincerely, I therein ioy, and will ioy: Phil. 1. 18. Thus Hierom ſaith well: Eccleſia numero ſuperata Adverſ. Ioan bieroſol. peccantium, &c. the Church overcome with the number of offenders doth pardon the ſhepheard to do the ſheep good. Yea the Canons allow a toleration for the profit of the Church, Vbi Eccleſiae maxima utilitas, vel neceſſitas poſtulet; where the neceſſity or utility cauſ. 1. q. 7. cap. 17. of the Church ſo requireth. There was ſmall reaſon to thruſt out preachers for trifles, there being ſuch want of preachers, 4000 Churches in England yet being without. 5, Subſcription was urged by force not by perſwaſion, there was no courſe taken to reſolue them that doubted, and Biſhops peremptorily required ſubſcription, without yeelding any reaſon further, or ſatisfaction to the doubtfull contrary to the Apoſtle, who ſaith: not that we haue dominion over your faith. 2. Cor. 1. 24.

But they which urged ſubſcription commanded, they perſwaded not mens conſcience, the Church of Rome ſome time was more equall, as Leo, 1. thus writeth: plus erga corrigendos agat benevolentia, quàm ſeveritas: plus cohortatio, quàm comminatio: plus Charitas, quàm poteſtas, &c. with thoſe, that are to be corrected, let Clemency prevaile more then ſeverity: cohortation then commination: charity, then authority, but they which ſeeke their own, not Ieſus Chriſts, doe ſwarue from this Law, which ſeek rather to rule then counſell their ſubiects for while honour pleaſeth, pride puffeth up, that which was provided for a remedy to a malady. Leo epiſt. 82. diſtinct. 45.

6. In the urging of ſubſcription they forget Chriſtian compaſſion ſtripping Miniſters; and ſome of them aged of their livings to the undoing of themſelues, their wiues, and children. Ioſias ſhewed more compaſſion to the Chemarims that were idolatrous Prieſts: who though they were not permitted to come up to the altar, yet did not eate unleavened bread among their brethren. 2. Reg. 23. 9. they had their maintenance from the temple. The Popes Canons herein were more equall, that pittied old age, as Gregory thus decreeth ſed quia ſimplicitatem tuam cum ſenectute novimus, interim tacemus: the penall ſentence was ready to be inflicted, but becauſe wee know your ſimplicity ioyned with old age, we hold our peace. Cauſ. 1. q. 7. can. 11.

7. This forcing of ſubſcription to Ceremonies not warranted by the word, is contrary to the Scriptures and practiſe of the Church: In Nehemiahs time Subſcription was required, and an oath of the chiefe of the people, but it was onely to walk in Gods Law: Neh. 10. 29. not to keepe any traditions not written. VVhen Victor would haue forced the Eaſt Churches to keep Eaſter, as the Latine Churches did, and was reſolved to excommunicate them certaine Chriſtian Biſhops, and Irenaeus among Euſeb. lib. c. 22. the reſt did reproue him, tanquam inutiliter Eccleſiae commodis conſulentem, as unprofitably regarding the Churches good. There aroſe in Gregory the firſt his time a Tolet. 4. c. 5 great difference in Spaine about the thrice dipping in baptiſme, ſome doing it but once, Leander, a Spaniſh Biſhop ſent to Gregory about it, who determineth that the Infant was baptized: ſive trina, ſive ſimpla merſione: whether with thrice or once dipped, hee would haue no contention about that ceremony. But his ſucceſſours more rigorous, then charitable, one decreed that it was Evangelicum praeceptum, Part. 3. dist. 4. c. 82. an Evangelicall precept to dip thrice. Another, that hee was not a perfect Chriſtian that was not thrice dipped. Laſtly, Pelagius. it was decreed in the 8. generall Councell at Conſtantinople, that whereas Photius the Can. 8. 9. concil. general. Conſtantinop. uſurper of that ſea did extorquere chyrographas, &c. extort from clergie handwritings, promiſing thereby to cleaue unto him, and he againe gaue them by his hand writing faculties to preach. And certaine Catholicke Biſhops had taken up the like cuſtome to urge ſubſcription. The contrary was decreed by that Councell: ut Epiſcopi nullus chyrographas, &c. that Biſhops ſhould no more exact ſuch ſubſcription: ſed tantummodo fierent ſolennitates de more, but to be content with the old uſe: they ſhould enforce no new ſubſcriptions, but keepe the old cuſtomes & ſolennities. The Biſhops then in urging new ſubſcriptions to combine the Clergy to cleaue unto them, & not otherwiſe to grant them licenſes to preach, did reviue the corrupt uſe of Photius the pſeudo-Patriark condemned in this Councell.

8. To require abſolute ſubſcription to the booke is to make it almoſt equall to the Scripture, as freed from all errour, but this properly the holy writings onely haue, viz. to bee perfect, right, pure: Pſal. 19. 7. The Law of the Lord is perfect, the ſtatuts of the Lord are right. VVhat could be required more then to ſubſcribe abſolutely to the word of God, as pure, perfect, and without any errour. Auguſtine well diſtinguiſheth between divine and humane writing: de Scripturis canonicis non licet dicere, &c. of the Canonicall Scriptures it is not lawfull to ſay, the Author was deceived, but in other books which are written by us, not with authority of precept, but exerciſe to profit, though there be found the ſame verity yet are they not of the ſame authority, which kind of writing muſt be read not with neceſsity of beleefe, but liberty of iudgement, Aug. cont. Fauſt. l. 11. 5. But there is now no liberty of iudgmēt left, but neceſſity of beliefe impoſed in this abſolute ſubſcriptiō.

9. Beſide, this violent courſe of ſubſcription hath bred a great ſcandale in the Church, & diſturbed the peace thereof, that whereas quietly before Miniſters ioyned together in building the Lords houſe, after the ſame began to be urged, then ſuſpenſions, impriſoning, ſilencing, depriving of many profitable miniſters followed. Saint Paul ſaith, Would to God they were cut off that diſquiet you. Gal. 5. 12. They were diſquieters of the Church that urged the ceremonies, not they that refuſed them. Conſcience forced not the one to urge ſubſcription: for they themſelues hold theſe Ceremonies not to bee neceſſary: but conſcience moved the other in not ſubſcribing unto them. VVho were then diſturbers, they which urged thoſe things, which with a good conſcience might be left: or they which refuſed thoſe which with a good conſcience they thought they could not uſe. There is a rule in the law, In rebus dubijs pars tutior ſequenda; In doubtfull matters the ſafer way is to be followed. Not to uſe ſuch rites and ceremonies is no ſin: but to yeeld unto them, in him that is not reſolved, is ſinne. The law reſolveth, that the leſſe doubted courſe ſhould be taken, not to uſe them at all. Cyrillus thus writeth to Gemadius: Sicut ij qui mare navigant, &c. As they which ſaile in the Sea, when a tempeſt ariſeth, and the ſhip is in danger, doe diſburden it of ſome things to ſaue the reſt: ſo ſeeing it is not in our power to ſaue all, deſpicimus ex ijs quaedam ne cunctorum patiamur diſpendia: Wee ſeeme to neglect or winke at ſome things, leſt wee ſhould leeſe all. So it had been better to haue caſt out ſuch burthenous ceremonies, then to put the ſhip of the Church in hazard, and diſturbe the peace thereof.

10. The forme of, ſubſcription is contrary Subſcription contrary to law. to the law of the land, as may appeare by theſe reaſons, 1. The Law requireth ſubſcription onely to the Articles of Religion in theſe words, He ſhall declare Anno 13. Eliz. c. 12. his aſſent, and ſubſcribe to all the articles of Religion, which onely concerne, the confeſſion of the true chriſtian faith, and the doctrine of the Sacraments. But to ſubſcribe to the booke of common praier, doth not onely concerne the confeſſion of true Chriſtian faith: Ergo by the lawe it is not to be ſubſcribed unto.

2. That which Miniſters doe ſubſcribe unto by law, muſt appeare under the ſeal, teſtimoniall of the Biſhop, and bee publikely declared in the Church within two moneths of induction: but neither doth the teſtimoniall make mention of ſubſcription to the booke, neither is the Miniſter bound to declare his aſſent thereto in the Church: Ergo it is not agreeable to the law.

3. The law eſpecially enacted concerning An. 1, Eliz. cap. 12. the booke of Common praier onely puniſheth ſuch as doe not obſerue it, and uſe the rights and ceremonies therein preſcribed, it puniſheth not ſuch as refuſe to ſubſcribe thereunto: ſo that the law requireth onely obedience in practiſe, not ſubſcription in iudgement to the booke.

4. This may appeare in the equity of other lawes and ſtatutes of this land, as for the obſervation of lent and faſting daies, and other ſuch matters, whereunto it requireth not ſubſcription, but onely execution: and a faithfull ſubiect will be content to yeeld his obſervance and obedience unto many lawes, whereto hee would be loth to giue his aſſent.

VVherefore ſeeing ſubſcription to the booke is firſt againſt piety, in that many things are there preſcribed, not warranted by the word: 2. without any neceſſity. ſeeing there is a conſent in the ſubſtantiall points of faith: 3. with great partiality in puniſhing, more for ceremonies then other greater tranſgreſſions: 4. againſt the utility of the Church in depriving the ſame of ſo many profitable men: 5. prepoſterous enforcing by authority, not perſwading by argument: 6. againſt charity in not ſparing aged Miniſters, their wiues and children: 7. contrary to the practiſe of the Church: 8. equalizeth humane writings to Scriptures: 9. diſturbeth the peace of the Church: 10. is againſt the law of the land. A moſt happy ſervice your Maieſty ſhould doe unto Chriſt, benefit to his Church, contentment to your beſt diſpoſed ſubiects, to remoue this hard yoake and heavy burthen of ſubſcription: and doe herein as good Conſtantine did, who when bils of complaint were brought unto him by the Biſhops, caſt them into the fire, and made a peace among them. And as Pompey intercepting a packet of letters ſent to Sertorius tending to ſedition, burned them. And as Baſilius the Emperour cauſed all the ſyngrapha and ſubſcriptions, which Photius had of the Miniſters to be committed to the fire. concil. gener. 8. Act. 8.

Obiections. 1. Obj. BVT it will bee objected that the most part of the pariſhes of this land haue ſubſcribed already, as the Biſhops haue to ſhew in their bookes of ſubſcription, onely a few perſons excepted.

Anſw. To this we haue anſwered before at large in the defence of the generall cenſure: Art. 3. And of the preface; art. 6. upon what grounds and reaſons ſome were reſolued in reſpect of the tyme to tolerate by ſubſcribing that which ſimply they thought not fit to bee preſcribed to the Church.

2. Obiect. This forcing of ſubſcription hath made an vniformity in the Land, and wrought great peace in the Church.

Anſw. 1. VVee haue ſhewed before that nothing hath bred greater variance and diſturbance in the Church then this torture of ſubſcription. 2. It was ſuch a peace as Hierome ſpeaketh of, which the Hierom. ad Theophil. Patriarke of Hieruſalem brought his Clergy to: quod ſi pacem habere non poteſt cum fratre, niſi cum ſubdito, oſtendit ſe non tam pacē capere quam ſub occaſione pacis vindictam. If he cānot haue peace with his brother, vnleſſe he be his ſubject, he deſireth not ſo much peace as revenge vnder that colour. And againe: nihil grande eſt pacem voce praetendere, & opere deſtruere: It is no great mater to pretend peace in word, and ouerthrow it in deed. ſo the urgers of ſubſcription pretended peace, but they intended it not, but rather extinguiſhed it, of whō we ſay with Hieroms words: Moneas illos pacē nō extorquere, ſed velle: Tell them they ſhould not extort peace, but exhort vnto it.

3. Object Wee know no ſubſcription vrged not diſagreeable to law.

Anſ. That the ſubſcription vrged is not agreeable to law is ſhewed before, arg. 10

4. Object. At Geneva they ſtrictly tie all &c. to the obſervatiō of their Church government, &c.

Anſw. If the Church of Geneua vrge a But to nothing in controverſie as our ceremonies and Diſcipline. conformitie to that which they are able to warant by the word, and haue a poſitiue lawe for the ſame, that can bee no rule or preſident for ſuch ſubſcription and conformity, which is not ſo warranted. And if either they or any other Chur. ſhal impoſe ſubſcription to that which is not grounded vpon the word, wee neyther defend nor commend it.

Object. 5. Not vrging a conformity in Church diſcipline is to ſet open the highe way to all diſorder and confuſion, &c.

Anſw: Though it may be remembred that in the tyme of popery, when they ſtood more vpon conformity in ceremonies, then proteſtants doe, there were 4 or 5 kinds of diverſe ſeruices in the laud, ſome following the vſe of Sarum, ſom of Bangor, ſome of Lincolne others of Hereford, orhers of Yorke: yet we miſlike not a conformity euen in externall matters. But firſt let no thing bee vrged, but that which may be warranted by the word, then let our brethren call for an vniuerſall conformity. And wee could wiſh the ſame rule to bee kept which Gregory the 1. ſome time preſcribed for England: non pro locis res, ſed pro rebus loca amanda ſunt: ex ſingulis ergo quibuſcunqe Eccleſijs, &c. Things muſt not be loued for the place, but the place for the things: therefore out of every Church choſe ſuch things as are godly, religious, right, and theſe bound as it were in a bundle, lay vp in Engliſh harts: wee could wiſh likewiſe that for ceremonies wee followed the beſt reformed Churches.

The Defence of the third part. Reaſons and arguments against Plurality of Benefices.

1. Arg. OVr Saviour Chriſt Deſcribing a good ſhepheard in his owne perſone ſayth: I am the good ſhephard, and know myne owne, and am knowen of mine. Ioan. 10. 14. A good ſhepheard then muſt be converſant among his flocke, as the preacher ſayth: Agnoſce vultum pecoris tui: Be deligent to know the ſtate of they flock and take heed to the heards, prov: 27. 23.

But ſo cannot they doe that haue many flockes. Damaſus herevpon well ſayth: ſi domini deſideramus eſſe deſcipuli, ipſius imitemur Damaſ epiſt. 4. decret. veſtigia, &c. If wee deſyre to bee the Lords diſciples, let vs walke in his ſteppes, that it may bee ſayd of vs, I am a good ſhe epheard and know myne owne, and call them by name, &c.

2. Arg. A faithfull Paſtor muſt not bee given to filthy lucre. Titus. 1. 7. but to haue two or mo benefices, proceedeth of covetouſneſſe. Nicen. 2. can. 5. Clericus ab hoc deinceps tempore in duabus Eccleſijs non collocetur hoc enim eſt negotiationis, & turpis lucri proprium. A Clergie man must not be placed in two churches, for this ſavoureth of filthy lucre.

3. Arg. S. Paul ſaith, Let every man wherin he is called, therein abide with God. 1. Cor. 7. 24. But they which are called to one Church, and after accept another, remaine not in their firſt calling. This reaſon is uſed by the ſame Councell againſt the having of two Churches: Ab ipſa Domini voce audivimus non poſse quenquam duobus Dominis ſervire, unuſquiſque in eo quo vocatus eſt debet manere. We haue heard from the Lords owne mouth, No man can ſerue two Maſters, Every one ought to remaine in that to which he is called.

4. Arg. The Apoſtle ſaith, Who is ſufficient for theſe things. 2. Cor. 2. 16. A man is not ſufficient to diſcharge one cure, much leſſe can he ſupply the Paſtors duty in divers. This reaſon was uſed in the Lateran Councell. part. 1. cap. 13. ſub Alex. Cum unum officium vix ſupplere poſſint, ſtipendia vendicant plurimorum: When they cannot do one mans duty, they challenge the ſtipend of many.

5. Arg. The Apoſtle againe ſaith, If there were any that would not worke, hee ſhould not eate, 2. Theſſ. 5. 10. But pluraliſts worke not in their charge from whence they are abſent: Ergo, they ſhould not eate of ſuch flockes. This reaſon is urged Oxonienſ. ſub Stephano, Si reſidere noluerint, cum non niſi laborantibus panis dandus ſit, Eccleſijs per Epiſcopum ſpolientur: If they will not be reſident, ſeeing bread muſt bee given onely to them that labour, let them bee deprived.

6. Arg. That uſe and cuſtome which maintaineth hirelings in the Church, and an unpreaching and inſufficient miniſtery, is not to be ſuffered in the Church: for our Saviour ſpeaketh againſt hirelings and mercenary Paſtors, Ioh. 10. 13. An hireling flieth, becauſe he is an hireling, &c. But the plurality of Benefices bringeth in hirelings. This reaſon is uſed by Innocent. 2. Ne Eccleſiae conductitijs presbyteris cōmittantur, cauſ. 22. q. 2. c. 5. Leſt the church bee committed to Hirelings. This complaint was made many yeares ſince, as is extant, opuſc. trip. lib. 3. c. 6. Quando ponantur vicarij, &c. When hirelings are placed, reſpect is not had to the ſufficiencie of the perſon, but to him that will ſerue for leaſt wages.

7. Arg. It is not fitte that ſome Miniſters ſhould a bound, and others want: that ſome men ſhould bee eaſed, others greeued, as the apoſtle ſaith, but that there be an equalitie. 1. Cor. 8. 14. Inhoneſtum videtur vt alij ſacerdotes habeant, alij detrimentum patiantur? Decr: cauſ, 16. qu. 7-c. 1. But pluralities cauſe many Miniſters to bee in want, and by this meanes keepeth them out of the Church, that would doe much good: Meliores qui laborare in Eccleſia, &c. The better ſort, that would labour in the Church; are excluded, and are forced to profane ſtudies, when as they might be an ornament to the Church: Colonienſ: ſub Adulpho med. 3. c. 9.

8. Arg. S. Paul would haue the paſtors to bee examples to their flocke, 〈 in non-Latin alphabet 〉 , to bee as ſeales to leaue a print vpon theyr people. The latine text addeth by way of expoſition Exanimo, to bee examples fram the heart. 1. Pet. 5. 3.

And Augustine therfore fitly ſayeh, the Ser. 40. ad fratres in cremo. paſtor is compared to the oliue, propter vim oleae triplicem: nam illuminat, paſcit, & feſſa membra fovet, &c. oyle doth lighten, feed, and cheriſh: ſo Prelates ſhould illuminate by the word, feed by their example, foster the poore by temporall benefites. One of theſe the Paſtor may doe being abſent, to feed the needy; but the other, to feed by his example, and lighten by doctrine, he cannot do, unleſſe he be preſent.

9. Arg. Gregory gathereth this argument againſt pluralities out of that place of S. Paul: If the whole body were an eye, where were the hearing? 1. Cor. 12. 17. Sicut indecorum eſt, ut in corpore humano alterum Diſtinct. 89. cap. 1. membrum alterius fungatur officio, &c. As it is unmeet that in the body one member ſhould do the office of another: ſo it is hurtfull if every miniſtration bee not to ſeverall perſons diſtributed.

10. Arg. VVe will now ſhew how this abuſe of coveting after divers Churches, hath beē cenſured by the ancient Canons. 1. They are decreed to be diſgraded: Non licet clericum in duabus ſimul Eccleſijs conſcribi, &c. qui aliter fecerint, cadant de proprie gradu. Chalc. c. 10. 2. They were deprived of the benefice received after the firſt: ſi aliter factum, qui receperit, amittat, Lateran. 1. c. 13. 3. Et qui dederit, largiendi poteſtate privetur, ibid. The patron in this caſe loſt his gift. 4. Electio caſſatur: His election and admittance that had other dignities, is made voyd, Greg: lib. 3. tit. 5. c. 18 5. Si illud forte retinere contenderit, alio ſpolietur. He that contendeth to hold the firſt, having accepted the ſecond, ſhall looſe both. Lateran. ſub. Innocent. 3. c. 29. 6. Excommunicatur niſi ad proximam revertatur Eccleſiam. Chal. c. 20. He is iudged to be excommunicate, that returneth not to his owne Church.

Obiections.

1. Obiect. THESE canons meane, that no man ſhould bee ſet over two citties, or great townes, not any two Churches.

Anſw. The cleane contrary is evident: Epiſcopi non in caſtellis, &c. Biſhops muſt not be ſet in ſmall towns but preſbyters ſhould be by the Biſhops ordained in villages and towns: ſinguli tamen per ſingulos titulos ſuos: but ſeverall perſons in their ſeverall titles. Anaclet. diſtinct. 80. 3. Here it is evidently expreſſed that the ſmaller towns ſhall be committed ſeverally to ſeveral paſtors. So likewiſe Dionyſius: Eccleſias ſingulas ſingulis preſbyteris dedimus: wee haue graunted every Church to his proper preſbyter. cauſ. 13. q. 1. c, 1. Nullus preſbyter duas habeat Eccleſias: no preſbyter muſt haue two Churches, Alex. cauſ 16. qu. 7. c. 20. In duabus Eccleſijs clericus conſcribi nullo modo poteſt. A Clarke muſt by no means be placed in 2: Churches: cauſ. 21. q. 1. c. 1.

2. Obj. Where the maintenance of the Miniſter is ſmall there it is fit the miniſter ſhould unto it adioyne another.

Anſw. To this ſee our anſwer before: defence of the ſecond part of the petition art. 3.

3. Obj. Why may not one man hold two or three benefices, as well as one hold a Church with two or three Chappels.

Anſw. To this we haue anſwered likewiſe before: defence of the ſecond part of the Petition. art. 3.

4. Obj. The Canons onely ſpake againſt pluralities that are held without diſpenſation, not otherwiſe.

Anſwer. By theſe means if pluralities were lawfull by diſpenſation, all the reſtraints by Canons would bee nothing elſe but engines to draw profits to Courts for faculties and diſpenſations. 2. The Canons haue no power to diſpenſe with any precept or conſtitution of the Scriptures, as this is of Reſidence and attendance upon the flocks of the people. 3. But the better Canons doe allow in this caſe no diſpenſation at all. Greg. Decr. lib. 1. tit. 6. 54. The Canon calleth conceſſionem per Archiepiſcopum Diſpenſation for pluralities not good by the Canons. factam frivolam excuſationem. The grant or diſpenſation made by the Archbiſhop to hold more Churches, a frivolous excuſe. Greg. lib. 3. tit. 5. c. 6. Ad mandatum Papae, &c. At the commandement of the Pope one is not bound to provide for him that hath a benefice already, who cannot bee provided for without ſcandall. Extrav. Ioan. tit. 3. c. 1. Obtinentes plura beneficis curam animarum habentia ex diſpenſatione virtute illius non poterunt retinere niſi unum. By vertue of a diſpenſation one can hold but one benefice. This canon is repeated verbatim, Extrav. Com, lib. 3. tit. 2. c. 4. And it is the laſt canon in force of this matter.

5. Obj. Some that would ſeeme to make more conſcience then others, do thinke that if they hold but one benefice with cure, that it is no tranſgreſſion of the Canons to heape vp and multiply other dignities, as many as they can get.

Anſw. Yes even this alſo is forbidden by the Canons. Venet. concil. can. 8. Abbatibus ſingulis diuerſas cellas vel plura monaſteria habere non licet, &c. It is not lawfull for Abbates to haue diuerſe celles or monaſteries, one ought to be content with one Archdeaconrie. Lateranenſ. part. 24. c. 5. Illud omninò eſt rationi contrarium, &c. It is againſt all reaſon that one perſon in diuerſe Churches ſhould haue an Archdeaconry and Deanery, when as every office in the church requireth perſonall attendance. Lateranenſ: part. 39. c. 6. Nullus debet habere plures vicarias: None ought to haue diuers vicarages, Decr. Greg. lib 3. tit 5. c. 5. The Canon caleth multitudinem praebendarum canonibus inimicā The multitude of prebends an enemy to the canons. Thus by the Canon it is not Lawfull to hold many Monaſteries, Colledges, Archdeaconries, prebends: only wee find liberty to hold a Church with cure, and a prebend, and that without diſpenſation: habere perſonatum cum cura, & prebendam, &c. Diſpenſatio neceſſaria non exiſtit. Sext. decr. lib. 3. tit. 4. c. 6. Yea by the imperiall Law it was not lawfull for one to hold two ciuill offices: nec ſit conceſſum cuiquam, &c. Let it bee granted to none to haue two Magiſtracies, and to exerciſe iudgement in both: for it is not like that one man ſhould ſuffice for two neceſſary duties: for when he is preſent in one place, he muſt needs bee wanting in the other, and ſo bee wholy fit for neither, but let him bee content with one Magiſtrates place, leaving the other. Cod. lib. 1. tit. 52. leg. 13. Iuſtinian. Thus by this Imperiall conſtitution to hold two Chancellors, or Regiſters places, to bee a Iudge in two Courts, is thought to be inconvenient.

6. Obj. They deſire to limit the Kings fauour, ſeeing none except he bee the kings Chaplayne may hold three benefices with cure, &c. p. 18.

Anſw. VVee take not vpon vs to limit the kings fauour but humbly beſeech his excellent Maieſtie that it would pleaſe him to limit his owne princely fauour that non-reſidents and pluraliſts, to the hurt of Chriſts Church, and dammage of many Chriſtian ſoules, vſe no longer that cloake of their covetouſnes.

7. Object It is not knowne that there bee fiue in all the land that hold three ſuch benefices.

Anſw. If there were but one to bee found that held three ſuch benefices, it were too much 2. Yet all the kings Chaplaynes, if they were an hundreth, might enioy the ſame fauour, which who ſeeth not, how inconvenient it would bee? and it is againſt the Law of fauours: quod alieni gratioſe conceditur, trahi non debet alijs in exemplū: That which is granted of fauour to one, ſhould not bee a meaſure or example for other. 3. Our brethren all this while ſay nothing of double beneficed men, which are almoſt (ſance numbre) the confuters ſhould haue done well to haue muſtered them as they haue done the other. But whether they are double or treble beneficed men, they may all bee ranged in the ranke of pluraliſts, according to that rule in the Law: Pluralis locatio duorum nomine contenta eſt. Two make a plurall number.

8. Obj. What good dealing is this &c. To make the world beleeue it is acōmon fault &c.

Anſw. VVee take our brethrens confeſſion, that it is a fault, though as they ſay, no common fault, to haue three benefices: and wee pray you why is it not alſo a fault to haue two? It is a fault to haue three, becauſe it argueth a covetous mind and ſuch an one taketh vpon him more then hee can diſcharge: both theſe faults concurre in accepting of two benefices, where one for mayntenance may bee ſufficient, and two are more then a man can diſcharge. VVherfore according to another rule in the Law. Cum quid prohibetur, prohibentur omnia, quae ſequuntur ex illo. Reg. Iuris. 84. when any thing is forbidden, all things are forbidden which follow it.

VVherfore (O moſt noble king.) 1 ſeeing a good ſhephard ought to bee converſant The concluſion. among his flocke. 2. Not giuen to lucre. 3. muſt abide wherin he is called. 4. Is not ſufficient for one charge, much leſſe for two or three. 5, Seeing he that worketh not in his charge muſt not eate. 6. And by pluralities hirelings are mayntayned in the Church. 7. By this means ſome men want, and other overflow. 8. And ſuch paſtors can not bee examples to theyr flockes 9. neyther is it fitte that one member ſhould haue the office of diuerſe. 10. The practiſe of the Church in former tymes condemneth pluralities. Seeing nothing can be objected to the contrary of any moment. 1. That it is vnlawfull to haue not only two cities, but two townes. 2. That neither the ſmallnes of the liuing. 3. Nor largenes of the pariſh is a ſufficient excuſe. 4. Nor yet to hold them by diſpenſation. 5. nor yet to haue many dignities without cure. 6. or to hold them by ſpeciall favour. VVe truſt your Maieſty in good time will ſee this abuſe reformed, which was ſometime odious even among the Romaniſts: Quis per Deum immortalem miſerabilior aſpectus eſſe Suggeſt. Cardin. abuſ. 8. poteſt Chriſtianum orbem peragranti, quàm haec Eccleſiarum ſolicitudo. O good God, what more wretched ſight can there be in the whole Chriſtian world, then this deſolation of churches.

ARTIC. 3. Of Impropriations. Reaſons and Arguments ſhewing that it is neither lawfull nor convenient for Eccleſiaſticall corporations to demiſe their impropriate tythes to Lay Farmers.

1. Arg. TYthes ſhould be uſed according to the firſt inſtitution: but then they were permitted onely to the Prieſts: Ergo, they ſhould now be proper to the Miniſters of the Goſpell. Thus Damaſus groundeth his reaſo upon the equity of Moſes Law, which prohibiteth any ſtranger ſaving onely Aaron and his ſonnes to eate of the holy things. Exod. 29. 33. VVhereupon hee writeth thus: Oblationes, quae intra ſanctam Eccleſiam offeruntur, &c. Oblations offered in the Church ſhould by no meanes be under the power of lay men, but it is onely lawfull for Miniſters to eate and drinke thereof, becauſe in the old Teſtament the Lord did forbid any of the children of Iſraell to eate of the holy bread, but onely Aaron and his ſonnes, Damaſ. Decr. 3.

2. To uſurpe the Lords right without his warrant, is preſumption. But tythes are holy to the Lord, Lev. 27. 28. What is holy to the Lord he giveth to the Prieſt. Numb. 18. 14. Every thing ſeparate from the common uſe, ſhall be thine. And God hath no where transferred his right to any other but the Prieſt: Ergo, it is preſumption for any (but the Prieſt) to challenge tythes. Thus reaſoneth Boniface, Decr. 3. Omne quod Domino conſecratur, &c. Whatſoever is conſecrate to God, belongeth to the right of the Prieſt, therefore he is inexcuſable that taketh ſuch things away.

3. Tythes are due for the ſervice in the houſe of God: they onely haue right to reape temporall things that ſow ſpirituall: Lay men performe no ſpirituall duty, Ergo, they ought no wayes to reape temporall things due for the ſame. This reaſon Chryſoſtom uſeth: Quomodo nunc ſub Evāgelio debēt Laici oblationes &c. Vnder the Goſpell how ſhould Lay men either eate themſelues, or let to others the oblations which Chriſtians offer to their Paſtors ſeeing it belongeth not to them to pray for others, in Math. 12.

4. Auguſtine upon that place, Exod. 22. 29. Primitias areae tuae, &c. The firſt fruits of thy flower and wine-preſſe, thou ſhalt not be ſlow to pay, thus collecteth: Si tardius dare peccatum eſt, quantò pejus eſt non dediſſe? If it be a fault to giue ſlowly, a greater it is not to giue at all. de Temp. ſerm. 219. from hence wee inferre thus: Lay men muſt pay tythes, Ergo, it belongeth not to them to take tythes. As Ierome well ſheweth, ſpeaking of the difference of Lay men and Clergy-men. Clerici paſcunt oves: Ego paſcor, &c. Clergie men feed their ſheepe, I am fed: they liue of the Altar, but the axe is laid to me as a fruitleſſe tree, if I bring Hieron. ad Heliodorum not to the Altar.

5. I urge Ambroſe reaſon: tanta merces eſſe debet Evangelizantis regnum Dei, &c. Such ſhould be the reward of him that preacheth the Goſpell, that he be neither grieved nor extolled, 1. Tim. 5. But where lay men farme their tythes, the Miniſters portion is ſcant, and hath not ſufficient maintenance, therefore it is inconvenient that they ſhould farme the tythes.

6. The Biſhop and other Cleargy men are bound by the Canons to relieue poore miniſters of their owne, if need ſo require: Si quis Epiſcopus aut Preſbyter Clerico ex inopia laboranti, &c. If a Biſhop or Preſbyter doe not miniſter things neceſſary to a clergie man in want, let him bee put from the communion. Can. Apoſt. 58. Epiſcopus pauperibus & infirmis, &c. A Biſhop to thoſe poore and impotent that cannot worke with their owne hands, muſt giue victuall and rayment. Aurelianenſ. can. 18. If they are bound to helpe other poore, much more ſuch as are of their owne calling; and if they ought to giue them of their owne, much more to reſtore them that which by right is theirs, and not to enrich lay men, and ſuffer the miniſter to begge.

7. That is neither Lawfull nor convenient whereby an vnpreaching Miniſtery is maintayned, and the preaching of the word hindred. But by demiſing tythes to Lay men, and ſeuering them from the Miniſters vſe, this inconvenience enſueth, Ergo. &c. Hierome complayning of covetouſnes of Biſhops in his time, ſhewed what enſued therevpon. Solus Epiſcopus incubat diuitijs, ſolus vniuerſa ſibi vendicat, ſolus partes invadit alienas, ſolus occidit vniuerſos. The Biſhop onely would be rich, he onely challengeth all things, he onely invadeth other mens right, he onely killeth all. de 7. ordinibus. By this meanes, while the Miniſter was depriued of his maintenance, many mens ſoules periſhed for want of teaching. The ſame reaſon is alleadged in the Canons, that for want of ſufficient maintenance ſaepe contingit quod non inveniantur idoneae perſonae, &c. It often falleth out that fit perſons are not found which will take ſuch Churches, and ſo often times they are beſtowed vpon ſuch as are not fit, whereby ſouls are endangered. Greg. lib. 3. tit 4. c. 1: Decr.

8. The ſame Canons allow not Religious men themſelues to occupy to their own uſe the tythes of the Churches, ſufficient maintenance not being left for the Miniſter, much leſſe ought others to doe it in their right: Clemens 3. Fuit olim per ſedem Apoſtolicam providè conſtitutum, &c. It hath been in time paſt providētly decreed by the ſeat Apoſtolick, that the Dioceſans ſhould admit none to any Church preſented by Religious perſons, unleſſe in their preſence ſo much of the revenewes of the Church were aſſigned, whereout they might haue ſufficient maintenance Decr. Greg. l. 3. tit. 4. c. 1. yea eccleſiaſtical perſons are bound for their lands to pay tythes, much more not to take away tythes, where otherwiſe the maintenance is ſcant. Cabilonenſ. ſub Carolo, c. 19. Decrevit ſacer iſte conventus, ut Epiſcopi, & Abbates de agris, & vineis decimas Eccleſi •• dare faciant. If then clergy men themſelues are not to poſſeſſe tythes where ſufficient is not remaining for the Miniſter, much leſſe ought Lay men in their name to doe it.

9 By the Law both Imperiall and Canonicall, it is unlawfull to alienate by any meanes the poſſeſſions and lawes of the Church, Cod. Lib. 1. tit. 5. leg. 14. Leo Antbenius: Iubemus nulli poſthac Archiepiſcopo eſſe facultatem, praedia, &c. Wee will that from henceforth no Archbiſhop haue power by any kinde of alienation, to convey to any perſon whatſoever, their manners, immoueables, civill revenewes; let them keepe them inviolably without any mutation: no though all the clergie men ſhould conſent with the religious Biſhops in the alienation of ſuch poſſeſſions. Sicut ipſa Eccleſia perpetua eſt, &c. Ita ejus patrimonium jugiter ſervetur illaeſum: as the church is perpetuall, ſo ſhould the patrimony thereof remaine untouched: he that buyeth ſuch, ſhall looſe that he payd, the writer ſhall be baniſhed, the iudge ſhall forfet his goods and his place. Hereunto alſo the Canons agree: Definivit Synodus, &c. The Synod hath dereed that no Biſhop ſhall ſell the ſalaries or poſſeſſions of the church, let him bee depoſed as a tranſgreſſor of the Divine lawes. Octav. Synod. general. c. 15. Non licet Papae, &c. Cauſ. 12. q. 2. c. 10. It is not lawfull for the Pope to alienate any man, nor of the Church for any neceſſity. Nec in uſum fractuarium dare, &c. Nor to giue the lands in fee farme. But it is much more to alienate tythes from the Miniſter, which is the proper inheritance of the Church, then other temporall lawes. If this bee unlawfull, much more the other.

10. The Canons doe not onely hold it unlawfull for lay men to poſſeſſe tythes, uſus decimarum ſecularibus provenire non poteſt, Cauſ. 16. qu. 1. c. 68. Nullus decimas ad alios pertinentes accipiat. Leo cauſ. 16. qu. 2. c. 4. But they doe grievouſly cenſure them, Qui non Eccleſiae reſtituerint iterum, &c. He that reſtoreth not to the Church the things which belong to the Church, neither do yeeld his evidences to be cancelled, let him ſtand accurſed till he doe it. Cauſ. 12. q. 2. c. 13. Decimas quae in uſus pietatis conceſſas eſſe, &c. Tythes which the canons ſhew to haue been given to pious uſes, wee forbid any lay men to hold, whether they haue received them of Kings or Biſhops: unleſſe they reſtore them to the church, let them know that they haue committed ſacriledge, and incurred the perill of damnation. Cauſ. 16. q. 7. c. 1. VVhat more grievous ſentence could bee given, then that they which uſurpe the tythes of the Church, commit ſacriledge, ſtand accurſed, and are guilty of eternal damnation.

11. Biſhops alſo and Clergy men making grant of tythes to lay men, are cenſured by the Canons: Epiſcopus, qui non ſacerdotibus, ſed laicalibus perſonis decimas conferat, inter maximos haereticos & Antichriſtos, &c. A biſhop conferring tythes not upon Prieſts, but lay men, is not the leaſt among heretikes and Antichriſts. Cauſ. 16. q. 7. c. 3. Statuimus ut ſi quis alicui laico conceſſerit, &c. He that granteth a Church or a tythe to a lay man, let him be cut off from his place, as an unfruitfull tree, Greg. lib. 3. qu. 30. c. 17.

12. Impropriations where ſufficient maintenance is not left to the incumbent, are ſuppoſed not to bee good in law. By what degree impropriations came in. That this may appeare, we will ſhew by what degrees they were firſt founded.

1. At the firſt the annexing of tythes to other places, and converting them to other uſes, was held unlawfull: as mention is made of a generall Councell, wherein it was decreed, Quod ex tunc canonicis ad eorum ſuſtentationem capellae non cōcederentur: That Canons ſhould not haue chappels for their maintenance. Greg. l. 3. tit. 5. c. 33.

2. Afterward a reſtraint was made, that no more Churches ſhould be appropriated Vt praelati beneficia non applicent menſis: that Prelats apply not benefices to their tables. Clem l. 7. tit. 5. c. 1.

3. Then order was taken, that no Churches ſhould be appropriate, unleſſe ſufficient maintenance were left to the Miniſter: non obſtante Epiſcopi conſuetudine; notwithſtanding any Epiſcopall cuſtome. And that he which did not leaue congruentem de proventibus Eccleſiae portionem: a competent portion of the Church revenewes, ſhould bee depriued of the benefice: ſciat ſe authoritate iſtius Decreti illa privatam. Decr. Greg l. 3. tit. 12. c. 1.

4. By the law of the land bequeaſts alienated, and not employed according to the mind of the founder, are forfeited being contra formam collationis: ann. 13. Edward 1. as in this caſe tythes are, which were firſt given for the maintenance of the Miniſter, and preaching of the word.

5. Yea it is alſo provided that no Church bee appropriate, but a certaine ſumme of Money ſhould go yearely to the reliefe of the pore parochians, and vicar bee well & ſufficiently endowed, otherwiſe to bee voyd: ann. 4. Henr. 4. c. 12. and what it is to be conveniently endowed, is there expounded, to do divine ſervice, to enforme the people, and keep hoſpitality ibid.

13. VVe will laſtly ſhew the inconveniences that ariſe by farming tithes to laymē. 1. By this means we ſhewed before an unpreaching miniſtry is maintained, and many periſh for want of teaching. 2. Learning decayeth, the rewards thereof being taken away: Vnde fit, ut in his regionibus, &c. Wherefore it commeth to paſſe that in theſe countries ſcarſe any pariſh Prieſt is found, qui ullam vel modicam habeat peritiam literarum: which hath any mean knowledge of letters. Decr. Greg. l. 3, tit. 5. c. 30. 3. Hoſpitality faileth, and the poore want their relief. 4. The Miniſters themſelues are in great want, and many times driven to hard ſhifts, as Hierome complayneth in his time, mendicat infoelix Clericus in plateis. The pore clergie man beggeth in the ſtreets, and is conſtrayned to liue of his labour, and to aske almes. de 7. ordinibus. 5. The Marriage of Miniſters is made ſcandalous, who dying, by this means wanting proviſion, leaue many pore widowes, and orphanes. 6. It is the occaſiō of Non-reſidency & pluralities whē Miniſters not finding one liuing ſufficiēt are forced to take another to it. 7. By this means where a ſufficient paſtor is wanting, the wolfe taketh occaſion to ſpoyle the flock: many Seminaries and Ieſuits do creep in corners. 8. The people paying their tythes to others, are burthened wch new collectiōs to maintain a preacher. 9. Clergy men giue offence in diſpoſing ſo evill of theyr impropriations, and cauſe other noble and gentle men by their example to draw backe, and they themſelues are corrupted by it, and become careleſſe in their owne flockes, as Hierome well noteth. ſi carnales diuitias quae labuntur non benè diſpenſatis, &c. If yee doe not well diſpenſe riches that fade, the true and euer enduring riches of heauenly doctrine who ſhall giue you. Hier. Algaſ. q. 6. 10. They cauſe other men to uſurp upon the poſſeſſions of the Chur. occupying the place, & habitation of Rectors and parſons, as they are called, not being anſwerable to the name in any duty which kind of title and calling the Ciuill Law vtterly condemneth. Si quis ſub nudo appellationis velamine ſe collegiatum appellat, &c. If any doe call himſelfe by the naked name of a Collegiate or Eccleſiaſticall perſon, another ſhall be put in his roome. Cod. lib. tit. 5. leg. 9. Theodoſ. Valent. All theſe inconveniences might as much as in them lyeth eaſily bee helped, if Biſhops, Cathedrall Churches, Colledges would demiſe their tythes only to the incumbent Miniſter during his life and incumbency for the old rent, and ſome reaſonable fyne at his entrance, as the firſt years fruites, the charges diducted.

Obiections anſwered.

1. Object. THESE Canons before alleadged onely prohibite lay men in theyr owne right to poſſeſſe tithes.

Anſw. Yea they forbid that they ſhould take tithes to farme ſub interminatione anathematis, &c. Vnder paine of the curſe. Ne laici Eccleſias ad firmas teneant: that lay men take not Churches to farme. Thus Alexander the third did write to the Biſhop of London Decr. Greg. 3. tit. 50. c. 6. Which Canons are yet Law in the Church of England, where they are not contrariate to the ſtatutes of the Realme.

2. Obj. But miniſters are prohibited by ſtatute Law to hold any leaſes or farmes.

Anſw. This law was made onely againſt that abuſe of Miniſters, which buſied themſelues in buying and ſelling, in occupying brew houſes, and tanne houſes, and engroſſed farmes. It was not made againſt ſuch which did it for neceſſity. Hierome maketh mention of the like imperiall law, that was made againſt the greedy purchaſing of Clergy men: Non de lege conqueror, ſed doleo quod meruerimus hanc legem. I complaine not of the Law, but I am ſory men haue deſerved this Law: the Medecine is good, but how do I need it: ad Nepotian. 2. Yet this law obiected alloweth Miniſters to occupy farmes for the ſuſtentation of their family. 3. This ſtatute may be helped by another.

3. Obj. The ſtatutes of ſome Colledges are againſt it, by the which the ſenior is alwayes to be preferred, whether ſufficient or not, and ſo the Church ſhould haue ſome unmeet men ſtill.

Anſ. 1. If any fellowes of houſes be unſufficient, it is their fault that choſe them & they in ſuch elections tranſgreſſe their own ſtatutes 2. And yet we hope none are ſo unſufficient, but if they bee willing, might do good in the Church. 3. Better a miſchiefe bee ſuffered for once to prefer a man not ſo meete, then a perpetuall inconvenience in preferring no meet men at all.

4. Obj. They could not be aſſured of their fine and rent, fellowes of houſes for the moſt part being poore.

Anſw. As though it bee not in the power of the Colledge, ſo to make their leaſes with a clauſe of reentrie or forfeyture, that they may bee ſecured of both.

5. Object. It would make diviſion in the Colledges about the beſtowing of ſuch leaſes.

Anſw. If an uniforme order be ſet, that the Senior bee alwayes preferred in his place, it will make no diviſion at all.

6. Obj. Yea but the Colledge ſhall ſuſteine loſſe in their meane fines, wch they might take for the renewing of ſuch leaſes of their farms.

Anſw. 1. If it were ſome loſſe, is it not every mans part for a common good to bee content to depart with ſome private gaine? 2. It would be no loſſe, but a benefite, both in that their owne Society in their courſe ſhould be provided for, and the Colledge ſhould haue fines for every life, whereas now they fine but once for three liues, or 21. years.

7. Obi. But ſome impropriate tithes are worth 300 or 400 pounds by the yeare, too much for a preacher.

Anſ. 1. Is it not too much for a lay gentleman or yeoman, and is it to much for a preacher. 2. And if this be too much for a preacher, how coms it that ſome yt preach not, or very little poſſeſſe twice ſo much? 3. VVhere the tithe is of ſuch value, for the moſt part, there are Chappels annexed, where Preachers by proportionable allowance ſhould be maintained.

8. Obj. But the Church, where tithe is not to be let, is full already with a miniſter not ſufficient.

Anſw. Let him bee provided for elſe where, or elſe the preacher, that hath the impropriation may expect the avoydance, and then take the whole charge, and this doubt is but for the firſt time onely.

9. Obj. In many places the Rectory and the Manor goe together.

Anſw. The tythe may bee eaſily divided from the Manor, and the rent apportioned.

10. Obj. In ſome places the vicarages belong to one Patrone, the impropriate tythes to another, how then can they bee conferred upon one man?

Anſw. As in ſome Churches already the Patrones preſent by turnes: ſo it may be in this caſe, that as much as the tythe is better then the vicarage endowed, ſo the like, oddes ſhould bee in their turnes of preſenting the one to preſent twice or thrice to the others once.

11. Obj. But the impropriations are now the free hold of the Church, which cannot be diſpoſed of them without great danger to their ſtate.

Anſw. VVee moue not to haue the inheritance of impropriations taken away from the Church, but the farme thereof to be otherwiſe diſpoſed of for the maintenance of preachers.

12. Obj. Their diſpoſing of Impropriations doth notably bewray their lacke of conſcience, &c. Anſ. p. 19.

Anſw. VVee tremble to thinke that the Confuters ſhould obiect to us lacke of conſcience, for deſiring that the impropriations of the Churches ought to be let to the incumbent preachers for the old rent. O what blinde Iudges are they of matters of conſcience! VVe appeale to God and their owne conſcience, that nothing but conſcience hath mooved us to make this ſuite; ſeeing that ſuch impropriations ſo employed are a great occaſion to nuſle the people in ignorance, and an apparant let to preaching, and propagation of the Goſpell: But if this were lacke of conſcience, that is more, to let out Impropriations as they do, to lay farmers, without reſpect to the preachers, & the poore peoples ſouls. God bee iudge between us and our brethren for this.

13. Obj. If they ſhould bee demiſed for the old rent, without fyne, &c. Who ſeeth not that it would bee the certayne overthrow, and vtter ruine of Biſhopricks, Colledges, &c. ibid.

Anſw. Neither can this device poſſibly tend to the ruine and ouerthrow, of Biſhopricks, Colledges, &c. Seeing the old rent is ſtil continued. The fine if it were remitted, were in moſt of theſe places, but a loſſe to priuate mens purſes, who make a diuident of it: where it goeth to the ſtocke of the houſe, a reaſonable fine might be reſerued as the fruits of the firſt yeare, or ſuch like: and as for improuement, it is well known that ſuch corporations vſe not to improue their rents being certaine: but contrariwiſe this courſe would eſtabliſh all the foreſaid foundations, this being a ſervice ſo acceptable to God, that his Church ſhould bee provided for.

14. Object. But by this, a few, and thoſe the meaneſt of the Clergie onely ſhould bee prouided for, the hinderance would redound to the better ſorte.

Anſw. Not ſo few as 400. preachers ſhould bee mayntayned by this meanes: for the number of impropriations belonging to Eccleſiaſtical corporations, cannot be leſſe. 2. VVe grant that they are meaner in dignities and preferments, but as neceſſary for the Church, as richer prelates. 3. And the meaner they are, they haue ſo much the more need: the richer the other, ſo much better able to ſpare it.

15. Object. Theſe men in all their purity can content themſelues with a ſeventh part onely of an impropriation in a lay mans fee.

Anſ. If for a lay man to hold tythes or impropriations, were originally unlawfull, and contrary to the firſt inſtitution, as our brethren truely ſay, why then doe they like that lay men ſhould be farmers of their impropriate tythes, rather then preachers? VVhy ſhould they envy that benefit to their fellow-miniſters, which they yeeld to their fellow brethren of the lay ſort? For as the Canons doe prohibit, That lay men ſhould hold tythes by inheritance, Lateranenſ. ſub Alex. par. 50. cap. 29. Decimae à Laicis non debent iure haereditario poſſideri: So neither doe they permit that they ſhould take them to farme. Ne Laici Eccleſias ad firmam teneant. Neither part. 27. c. 3 vntruth. We doe not content our ſelues with a 7. part only. Reaſons of the Petitioners motion conceruing lay mens tythes. Synod. Colō. part. 8. c. 5. need it offend our brethren that we ſeeme to be content with a ſixt or ſeventh part, (not a ſeventh part onely as they charge us) of ſuch impropriations: wee could wiſh the whole were reſtrained. But ſeeing that ſome hold them by inheritance, and ſome by purchaſe, ſome of good place are wholy maintained of them, ſuch a motion would haue ſeemed unreaſonable: we ſay as not long ſince a provinciall Synod complained: Decimas potiſſimum Eccleſiarum miniſtris deberi non eſt dubium: That tythes are principally due to the Miniſters, it is not to be doubted, but now they are every where ſo uſurped of lay men, that they cannot eaſily bee pulled out of their hands. And this was one cauſe of ſo qualifying our motion; as alſo leſt we might haue ſeemed to be partiall, while we wiſh Eccleſiaſticall impropriations to ſtand, for the maintenance of their corporations, and aime at the diſſolution, of them of the lay ſort: as further fearing leſt ſuch a motion for theſe might haue been prejudiciall and dangerous for the other, that ſerue to the maintenance of learning.

16. Object. It is poſſible that the men, vntruth. We deſpiſe them not, whom they ſo much contemne, would bee able to propoſe ſome other courſe, &c.

Anſw. This courſe to be taken for impropriations, tendeth not to the alteration or iniury of any ſtate. And if the confuters (who it were to be wiſhed did no more deſpiſe their brethren then they are deſpiſed) could haue propoſed any other courſe for the maintenance of the Church, they might haue done well ſo to doe. But it may be worthily ſuſpected, that they can hardly giue counſell to others, that will not take it themſelues: that they which take upon them the defence of Non-reſidents, pluraliſts, impropriations, can ſpeake for the maintenance of the Church. Ambroſe ſaying may well fit ſuch: Quis vtilem cauſae alienae iudicet, quem inutilem Lib. offic. 2, 12. videt vitae ſuae, quommodo eum iudicare potes ſuperiorem conſilio, quem vides inferiorem moribus: ſupra me eſſe debet, cui me committere paro: an eum idoneum putabo, qui mihi det conſilium, qui non dat ſibi. Hee cannot giue counſell to another that will take none himſelfe: neither can hee bee ſuperiour in advice, that is inferiour in life. And to conclude, nothing can bee objected of any weight or moment to hinder ſo good a worke, and ſo princely a motion, which the Kings Maieſty by his letters hath firſt made, whoſe Chriſtian zeale ought to make others forward: Let every man laying aſide his owne private reſpects, further the common cauſe, and ſeeke the generall good of Chriſts Church, that S. Pauls complaint be not renewed; All ſeek their owne, and not that which is Ieſus Chriſts, Phil. 2. 27. And Hierome well ſaith: Ne lucra ſaeculi in Chriſti quaeras militia, &c: Seeke not the worldly gaine in Chriſts ſervice.

THE DEFENCE OF THE FOVRTH PART OF THE PETItion concerning Church Diſcipline.

1. Obj. VVE haue been taught heretofore Anſ. p. 20. that Diſcipline is an eſſentiall part of the Goſpell, &c. and matter of faith.

Anſ. That the Diſcipline of the Church (being generally underſtood) is a matter of faith, and an eſſentiall marke of the Church, I hope our brethren will not deny: For Diſcipline comprehendeth not onely the adminiſtration of the keyes, but Perpetuall governmēt of the Church. p. 208. ordination and impoſition of hands: but without ordination there are no preachers: How ſhall they preach unleſſe they bee ſent, Rom. 10. 15. And without preaching there is no beliefe, ibid. verſ. 14. VVherefore without ſome part of Diſcipline it cannot bee denied, but that the Church is no Church, faith no faith: but generally of euery part it cannot be ſo affirmed. Cyprian is very peremptory for the neceſſitie of diſcipline, thus writing: Apparet non aliter Lib. 2. ep. 7. Eccleſiasticae ſaluti conſuli poſſe, &c. It appeareth that the ſafety of the Church cannot otherwiſe bee provided for, unleſſe they which are againſt it, as contrary floods, bee repelled; and the ordor of Diſcipline, as the ſtirring oare in a tempeſt, be kept ſafe.

2. Obj. It is now come to be ſo indifferent, &c. that it will ſuffer an OR ELS, or AT THE LEAST. Ibid.

Anſ. And what haue the petitioners here moved, which the kings moſt excellent Maieſty hath not firſt written: That the Diſcipline of the Church bee preſerved in 〈 in non-Latin alphabet 〉 . p. 44. purity according to Gods word. VVhat needed our brethren then to haue carped at this petition? Neither is that diſiunctiue clauſe (or elſe at the leaſt) any contradiction or repugnance to the former, but an exception and qualifying thereof, which giveth the adverſary no advantage, as the Law ſaith: Exceptionem obijciens non videtur de intentione adverſarij confiteri, Reg. Iuris 63. And it is a condeſcending to the time, that where the perfection deſired can not be had, reformation be ſought, that may be attained. VVherefore as the rule is in the Law: In Argumentum trahi nequeunt, quae propter neceſſitatem aliquando ſunt conceſſa, Reg. Iuris. 78. That which is yeelded to the neceſſity of time, muſt not bee urged as the integrity of the thing. If Chriſts inſtitution were exactly kept, many things ſhold be amended that are here not named: but the Petitioners haue onely mentioned thoſe things which in reaſon they thought would not be denied or gainſayd.

3. Obj. Were we perſwaded that their diſcipline were of Chriſts inſtitution, could we be without it? &c.

Anſw. VVhat our brethren will be perſwaded wee know not: but if theſe things which are mooved bee not proved to bee agreable to the word of God, and the practiſe of the primitiue Church, wee deſire not to bee heard, but to be reiected with our cauſe. VVee will not obtrude our owne fanſies but meaſure our iudgment by the ſcriptures, as Origen ſayth: Exhibeo ſenſus mei teſtem ſcripturam: Homil. 1. in Ierem. Homil. 9. in Ierem. ſenſus nostri & enarrationes ſine ijs teſtibus non habent fidem: I yeeld the ſcripture a witneſſe of my ſence: my expoſition without the ſcripture let it bee of no credite.

4. Object. His excellent Maieſty hath had Anſ. p. 20. experience of the manifold miſcheifes, that attend their pretended diſcipline, &c.

Anſw. This diſcipline and reformation intended by vs, is not attended vpon by any ſuch miſchifes: other mens ouerſights wee iuſtifie not, neither approue any vnaduiſed proceedings. Neither hath his Maieſtie ſo euill opinion of the Scottiſh Diſcipline, as they inſinuate. The right vſe of a thing muſt not bee condemned for the abuſe: as the Law ſayth: vtile non debet per inutile vitiari: Neither the cauſe miſiudged for the perſons fault. Delictum perſonae Reg. Iuris. 37. Reg. Iuris. 76. non debet in detrimentum Eccleſiae redundare.

1. Enormity againſt Excommunication by lay perſons.

1. THeir firſt defenſe is that whatſoever the Chancellour doth on this caſe, he doth it in the authority of the ordinary.

Anſw. 1. It is a queſtion whether the Biſhop himſelfe, the Archdeacons, or any other ordinary, alone haue any power to excommunicate. VVe are ſure that neither Scripture, or example of the primitiue Church will beare them out in it. Our Saviours rule is: Dic Eccleſiae: tell it to the Church: after the contempt whereof the party is to be held, as an heathen & publican that is to be excōmunicate. But never was it yet heard that one man ſhould ſtand for the Church. That Dic Eccleſiae, in ſome mans conſtructiō ſhould be dic Epiſcopo, dic Cācellario, dic Officiali: as the Papiſts wreſt this place: dic Eccleſiae, that is, dic Papae, dic Pontifici Romano: but of this matter more ſhal be ſaid in the end of this treatiſe. Then if they haue not this power in themſelues, they cannot transferre it to another as the law ſaith: Nemo poteſt Reg. Iuris. 79. plus iuris transferre in alium quam ſibi cōpetere dignoſcatur. No man can giue more to an other, then hee hath himſelfe. As the compariſon is preſumptuous to compare the Biſhop to the King, the Chancellour to the Lord Chancellour, ſo the caſe is not alike, for a civill power may bee committed over to others, but a ſpirituall power cannot be transferred, but ought to bee executed in every mans perſon, as the Apoſtle ſaith: hee that hath an office, let him attend upon his office. Rom. 12. 7. Salomon Cant. 8. 11. 12. No ſubſtitute in duties ſpirituall. in the Canticles ſheweth the difference of the Civill and Eccleſiaſticall adminiſtration: Salomon gaue his vineyard to keepers: but my vineyard, ſaith Chriſt, which is mine, is alwayes before me. As wee miſlike that Chriſt ſhould haue any vicar in earth: ſo neither ſhould any of Chriſts miniſters execute their charge by their vicars: S. Peter 1. Pet. 5. 2. ſaith; Feed, 〈 in non-Latin alphabet 〉 , the flocke which is in you, that is, alwayes in your ſight.

The Canon law ſayth: Non poteſt eſſe Decr. Greg. lib. 5. tit. 40 c. 5. Paſtoris excuſatio, ſi lupus oves comedit, & paſtor neſcit. It is no excuſe of the ſhepheard if the Wolfe devoure the ſheepe, to ſay, hee knowes it not. It was never well with the Church ſince Prelates taking more upon them then in their own perſons they could diſcharge, committed their ſpirituall affaires to Deputies and Vicars. Of this abuſe Eckius, a man otherwiſe bad enough, complained in the popiſh Church: Noſtrates praelatos ordinem Apoſtolicum invertere, &c. Our Prelates invert the Apoſtolicke order, who thinking ſpirituall things too heavy for them to beare, doe uſe the helpe of Suffragans in their Pontificals; of Officials in their Iudicials; of Penitentiaries in abſoluing ſinners, of Monkes in Preaching. Iodocus Clictoveus in his ſermons was wont thus to Hom. 2. de Stephano. taunt ſuch: Adibunt per vicarios in paradyſum: in perſona inferos. Such ſhall by their vicars goe to heaven: but in their own perſon to hell.

3. Though the Ordinary had power to excommunicate alone, and might transferre that power to another, yet lay perſons alone are not capable thereof. For Chriſt when he ſayd: Whoſe ſinnes yee remit, are remitted; whoſe ſinnes yee retain, are retained, ſpake onely to the Apoſtles and Miniſters. Hereunto the Canons agree: Indecorum eſt laicum eſſe vicarium Epiſcopi, &c. It is unfit for a lay man to be a Biſhops vicar, and ſecular • iſpel. 2. c. 9 perſons to iudge in the Church, and a divers profeſſion to be in one office. And by the ſame Canon, the Biſhop that ſhall make a lay man his vicar, is held to be Contemptor Canonum: A contemner of the Canons. But nothing is now more uſuall then for lay men, Civilians, to be Chancellours, and Vicars generall to Biſhops.

The ſecond defence: The Chancellor, Officiall, Commiſſary, decreeth the party to be excommunicate, a Miniſter aſſociate vnto him by exprreſſe authority from the Ordinary denounceth the ſentence of excommunication. Anſ. p. 22

Anſw. 1. This is but a new tricke, and frivolous device: who knoweth not the Miniſter aſſiſtant to the Chancellour (who is for the moſt parte of the meaneſt and ſimpleſt of the Clergie) is but a Cyphar, he doth nothing but by his maſters direction, excōmunicateth and abſolueth at his pleaſure, contrary to the Apoſtles rule to Timothy. I charge thee &c. that thou obſerue theſe things without preiudice, or prefering one 2 Tim. 5. 2 before another, and doe nothing partially. 2. By the Provincialls, no ſentence of Excommunication is good but in writing: Linwood de ſenten. excommun. 6. ſententiae latae ſine ſpecialibus literis dominorum, quorum intereſt, non ligant. VVherfore this ſentence of the Miniſter beeing not extant in writing vnder his ſeale, and ſo deliuered, is of no value in Law: and the people vnder this colour are abuſed. 3. It is vnlawfull for a lay Ciuilian in caſes, which appertayneth to correction to ſend out citations, or to decree excommunications: he muſt neither Inveſtigare, inquirere, punire, corrigere, excommunicationum literas decernere; And as he cannot doe it in his owne name, ſo neither can he by the Law publiſh excommunications in another mans name. The Law is: Quod alicui ſuo non liceat nomine, nec alieno Reg. iuris. Bonif. 67. Linwood de licebit. And the prouinciall is flat, Ne laicus quouis exquiſito colore ſub ſuo uel alieno nomine, &c. that a lay perſon by any pretenſe 〈◊〉 . coniug. cum ex. 1. vnder his owne or others name doe exerciſe no iuriſdiction ſpirtual whatſoeuer. And all ſuch citations, excommunications, and proceſſe are voyd: not onely if the iudge bee a lay perſon, but the Regiſter alſo.

Thirdly: they vſe but the aduiſe and Miniſtrie of a wiſe ciuilian in decreeing who is to Anſ. p. 22. bee excommunicate.

Anſw. 1. If had beene to bee wiſhed that Eccleſiaſticall perſons had not medled in ſuch affaires, wherein they haue no ſkill: according to the auncient Canons: Epiſcopus tuitionem teſtamentū non ſuſcipiat: Carthag. 4. 18. That the Biſhop ſhould not take vpon him the tuition of a teſtament. Clerici ad ſacrum Miniſterium electi actibus ſaeculi renuntient: Clergy-men muſt renounce all ſecular acts. Auerenſ. can. 12. The Apoſtle ſaith no man that warreth, entangleth 2. Tim. 2. 4 himſelfe with the affaires of this life: whereupon Ambroſe well writeth, Eccleſiaſticus officium impleat quod ſpoſpondit, a ſeculari Amb. in 2. 2. negotio alienus: non enim convenit unum duplicem profeſſionem habere: a Clergie man muſt bee free from ſecular buſineſſe, for it is not fit that one ſhould haue a double profeſsion. 2. But ſeing theſe cauſes, as matrimoniall, teſtamentarie, decimarie, are now annexed to the Epiſcopall iuriſdiction, ſuch matters, as they call of inſtance it is fit they bee referred to the Civilians: In ſuch caſes let them not onely be adviſers, but iudges. But as for matters of office, as they are called, which are meerly Eccleſiaſticall, wee ſuppoſe that Miniſters are better able to iudge, then Civilians, and heerein it is not fit they ſhould be aſſiſtants to adviſe, much leſſe iudges to determine, let them containe themſelues within their owne element. 2. VVhereas wee are referred to the book of the perpetuall governement of the pag. 320. Church: let it bee noted that there it is confeſſed that Iudges of the Civill law take not upon them the power of the keyes committed to the Apoſtles: their ſuſpenſions, excommunications, &c. they claim not by Gods law, but by mans. VVherefore ſeing it is confeſſed, that this manner of Excommunication by lay men, is humane, the Petitioners requeſt is reaſonable, that this abuſe be reformed, and ſuch uſurpers upon the keyes of the Church reſtrained.

Fourthly it is obiected: If the diſcipline were once a foote wee ſhould then heare tell of Anſ. p. 22. Lay Elders, &c.

Anſw. 1. The Petitioners ſay nothing of Lay Elders in their Petition, but that there haue been ſuch Lay Elders in the Church, which haue intermedled in the Eccleſiaſticall affaires, it cannot bee denied. As Reverend D. Fulke confeſſeth Fulke anſ. to the Rhem. 1. Tim. • . ſect. 13. out of S. Ambroſe thus writing: or elſe hee meaneth of thoſe Elders that Saint Ambroſe ſpeaketh of upon the firſt verſe of this chapter, that were appointed onely for government not for teaching. 2. Is not the like practiſed in the high commiſſion, for cauſes Eccleſiaſticall, wherein diverſe Reverend perſons of the civil ſtate are Commiſſioners. And let not our brethren bee ſo hot againſt Lay Elders, ſeeing I hope they will not deny, but that they may haue voices in Sinods. And what greater inconvenience is it for lay men to bee aſſiſtants in Eccleſiaſticall affaires then for Clergie Of lay Elders men to interpoſe themſelues in Civill, and why might not as well Civill perſons if it ſo pleaſed the ſtate, be of the Convocation houſe, as Eccleſiaſticall of the parliament, as it was practiſed in K. Henry the 8. his Fox. p. 1182 raigne, when that worthy Lord Crumwell was made vicegerent in matters Eccleſiaſticall, and was himſelfe preſent in the aſſemblies, and at the diſputations of the Biſhops. 3. Yet are wee far from making him a Clergie man, as the Confuters a little before confeſſed (though they haue ſoone forgot themſelues) of Civilians in theſe words: A chancellour or a commiſſary is not a lay man in this caſe. And yet there is a great differēce between theſe lay Elders which are but aſſiſtants in the presbytery with others, & theirs, who are ſole agents and principals in Eccleſiaſticall Courts. And therefore we may retort the Confuters ſaying upon their own heads, that they reproue others for ſpeaking for Lay Elders, and allow the ſame themſelues. But there is a principle in the Law: Quod ſemel Reg. iuris. 21. placuit iterum diſplicere non poteſt. That with once did pleaſe, cannot againe diſpleaſe. And Hierome could haue told them: perdit Hieron. Ocean. authoritatē dicendi, cujus ſermo opere deſtruitur: He looſeth the authority of teaching, that overthroweth his words by his works.

Of Excommunication for trifles.

THE excuſe is that men are not excommunicated for trifles, but for their contempt. Anſ. p. 23.

Anſw. Indeed according to our Saviour Chriſts rule hee that heareth not the Church Mat. 18. 18 muſt bee held, as an heathen and publicane. But it is not yet proved, that the officiall and his Regiſter make the Church, neither ſhall our brethren bee ever able to ſhew it. 2. It is true that the letters of Excommunication preſuppoſe a contumacy and contempt preceding. But he is not contumacious, which at the firſt monition appeareth not upon every cauſe pretended, as it may appeare by theſe reaſons taken out of the Canons.

1. Firſt no man ſhould bee excommunicate before the offence bee proved againſt him: nemo Epiſcopus aliquem excommunicet priuſquam cauſa probetur, cauſ. 2. qu. 1. c. 11. But his contumacy is not proued, who vpon the firſt citation appeareth not, for he may be ignorant of it, or otherwiſe neceſſarily letted. Ergo ſuch an one is not to bee excommunicate.

2. Such onely are to bee excommunicated, as are otherwiſe incorrigible: as by Chriſts rule he muſt be taken, as an heathen and publican, that refuſeth to heare the adomonition of one, of two, laſtly of the Church. Anathema non debet imponi niſi illi, qui aliter non potuerit corrigi. Anathema ought not to bee impoſed, but vpon him that can not otherwiſe bee amended. Concil. Meldenſ. c. 56. Excommunicatio non infligenda eſt, niſi his, qui aliter corrigi noluerint. Excōmunication muſt be inflicted upon ſuch, as cannot otherwiſe bee corrected. Colonienſ. par. 13. c. 4. But they which once cited, appeare not, are not ſtraight way incorrigible. Ergo. &c.

3. Excommunication ſhould be onely inflicted for criminall offences: Non niſi pro mortali debet imponi crimine: Meldenſ. ibid. Excommunicationis ſententiae ob criminales tantum cauſas, eaſ que valdè graves & lethales feruntur. Auguſtanſ. c. 33. As the Apoſtle bideth an heretike to be after once or twice admonition reiected. Tit. 3. 10 As likwiſe the Law of the Land awardeth the writ de excōmunicato capiendo to take place onely when the Excommunication proceedeth vpon contempt of ſome originall matter of criminall offencee, as of hereſie, refuſing to come to the Church. Incontinency, vſury, Simony, Periury, Idolatry But euery abſence vpon the firſt citation proceedeth not of any ſuch contempte. VVherfore a man ought not to bee excommunicate for the fees of the court, or Canſ. 23. q. 4. c. 27 ſuch like. Pro vindicta propriae iniuriae, &c. To bee revenged for your owne wrong you haue giuen ſentence of Anathema, which is againſt the Cannons: penitus interdicimus, we forbid that for covetouſnes ſake none dare to excommunicate any. Lateranenſ. ſub innocent. 3. c. 49.

4. The Canons allow that a man ſhould bee twice or thrice cited before hee bee excōmunicate: ſecunda vel tertia admonitione interpoſita, excōmunicationis ſentetia procedat, Cauſ. 24. 3. 15. Neither ſhould the firſt citation be peremptory: diem peremptorium ad primam citationem non ſtatuendum: eſpecially Lateranenſ. ſub Alexan p. 3. c. 5. for Eccleſiaſticall matters, but upon great & urgent neceſſity. S. Paul alloweth a manifeſt heretick two admonitions before he be reiected. Much more where the offence is not manifeſt, a canonicall, that is thrice admonition ſhould be uſed, according to the conſtitution of Oxford: nemo excommunicationem promulget, &c. No man ſhall denounce Excommunication, where the exceſſe is not manifeſt, but Canonicall monition going before. The manner is that the apparitor cannot perſonally cite the party to be ſummoned, hee uſeth to leaue word at his houſe: if he come not at the day, he is forthwith as contumacious excommunicate. Heerein a double errour is committed: for if a man never appeared in the cauſe before the iudge, he cannot bee cited at his houſe, unleſſe he can not be perſonally apprehended, and againe he that is not perſonally cited, is not verè but interpretative Linwood de iudic. c. item verſ. decernimus ibid. v. perſonaliter. contumax in the iudgement of the ſounder Canoniſts. VVherefore it is evident by theſe reaſons that Excommunication goeth forth often for trifles & 12 peny matters, not for contumacy or contempt.

5. If Excommunication bee ſent forth onely for contempt where the originall is but a trifle, and a twelue penny matter, then what needed all thoſe cauteles by Councels: ne quenquam pro parvis & levibus cauſis, &c. that none ſhould bee excommunicate for ſmall or trifling matters. Aur. 3. c. 2. Vormatienſ. c. 13. Avernenſ. as it is cited. cauſ. 11. q. 3. c. 42. for by this evaſion there ſhall be no trifling matters at all, but the pretence and colour of contempt ſhall countenance excommunication. VVherefore the requeſt of the Petitioners is agreable to the Scriptures and Canons, that none be excommunicate for trifles.

The 2. Enormity againſt Excommunication without the conſent of the Pastors.

Reaſons and arguments to proue that Excommunication ought not to proceed from one alone, but by the ioynt adviſe of the preſbyters & Paſtors.

1. EXcommunication ſhould bee exerciſed by the Church that is, an aſſemble: math. 18. 11. tell the Church, &c. If he will not heare the Church let him bee as an heathen and publicane. Origene vpon theſe words ſaith: tertio coreptionem mandat ad Eccleſiam deferendam, &c. In the third place he will haue the correction brought to the Church In the ſecond he will haue two or three witneſſes to bee vſed. So Chriſoſtome vnderſtandeth Epiſcopos & praeſidentes Eccleſiae: The Biſhops or Paſtors, and preſidents or governors of the Church. in Mat. 18. But one or two make not a Church for this were a prepoſterous courſe to proceed from one to two or three, & then to go back agayn to one. Hierome writeth well concerning Iohn Hieron. pammach. Patriarke of Hieruſalem. An tu ſolus Eccleſia es & qui te offenderit a Chriſto excluditur: tibi ſoli licet Eccleſiae iura calcare, tu quicquid feceris, norma doctrinae eſt? Are you alone the Church, that whoſoever offendeth you is excluded from Chriſt: is it lawfull onely for you to tread under foote the rights of the Church: whatſoever you do, is it a rule of doctrine? Ergo, one man not being the Church, cannot excommunicate.

2. The government of the civill and Eccleſiaſticall ſtate are unlike, &c. But yee ſha not be ſo, Lu. 22. 25. But they rule alone as Monarchs, The Kings of the Gentiles reign over them. Ergo, Biſhops or other officers of the Church ought not to governe alone, There ought ro be no Monarchy in the ſpirituall regiment of the viſible Chur. as Monarchs in the Church, and ſo not excommunicate alone. This place is urged by a learned VVriter againſt a monarchy in the viſible Church: Quid apertius? niſi expectetis, ut locum proferamus ubi dixit apertè, vos monarchae Eccleſiae eſſe non debetis: What could bee ſayd more plainly, D. Sutcliffe l. 1. de opt. Reip. ſtatu. cap. 7. unleſſe you would haue us bring forth a place where Chriſt ſhould ſay in plaine tearmes, Yee ſhall not be Monarches of the Church. As there ought not then to be a Monarch over the univerſall Church, ſo by the ſame reaſon neither ſhould there be any Eccleſiaſticall Monarch over a Province or Dioceſſe.

Arg. 3. If S. Paul, who had Apoſtolicall power, would not excommunicate the inceſtuous perſon amongſt the Corinthians without the conſent of the Paſtors, and ſpirituall governours: much leſſe ought any Biſhop, Archdeacon, &c. do ſo now. But the firſt is evident, that S. Paul excōmunicateth together with the Paſtors of Corinth. the Apoſtle ſent not onely his mandate to the Corinthians for them to execute, but that the power and right of excommunication was ioyntly with the Apoſtle in the Paſtors of Corinth, as it may appeare by theſe reaſons. Ergo.

1. The Apoſtle rebuketh them for that they had not put him from them already before he had written to them, verſ. 2.

2. They which had power to reconcile had power alſo to excommunicate: For Eiuſdem eſt ligare & ſoluere: It belongeth to the ſame to binde and to looſe: But the Paſtors of Corinth haue power to reconcile, 2. Cor. 2. 10. To whom you forgiue any thing, I forgiue alſo, &c.

3. It is not like that the Church of Corinth had no power to excommunicate without the Apoſtle, for then ſhould they haue wanted a principall poynt of diſcipline, when the Apoſtle was abſent in remote places from them.

4. The words of the Apoſtle doe evidently giue unto them the iudgement of Excommunication: Doe yee not iudge them that are within, 1. Cor. 5. 12. Vpon the which words Auguſtine thus writeth: Aug. hom. 50. c. 12. ut citatur cauſ. 2. q. 1. • . 1 • Quibus verbis ſatis oſtendit, non temere aut quommodo libet, &c. By which words hee ſufficiently ſheweth, that not raſhly, or howſoever, but by iudgement the evill are to be removed from the communion of the Church.

Arg. 4. All that haue authority to preach, haue power to binde and looſe, as the Apoſtle ſaith: Wee are the ſweet ſavour of Chriſt in them that are ſaved, and in them that periſh. 2. Cor. 2. 16. Our Saviour giveth one generall commiſſion to his Apoſtles, and all faithfull Paſtors their ſucceſſours: Whoſoever ſinnes yee remit, they are remitted. Ambroſe ſaith, Remittuntur peccata per Dei De Cain & Abel. l. 2. cap. 4. verbum, cujus Leuites interpres & executor eſt. Sinnes are remitted by the word of God, whereof the Miniſter is the interpreter and executor. Baſil ſaith, Confeſſion of ſinnes muſt neceſſarily he made to them, to whom the diſpenſation of the myſteries of God is committed. Our Engliſh confeſsion ſaith: Seeing In regal. contractioribus. q. 288. Horn ſer. 11. one manner of word is given to all, and one onely key belongeth to all: wee ſay there is but one onely power of all miniſters, as concerning opening and ſhutting. But all paſtors haue authority to preach: Ergo, to binde and looſe, and conſequently to excommunicate.

It will be anſwered, that there are two kinds of adminiſtratiō of the keys: a ſpirirituall in remitting & retayning of ſins, & externall in releaſing the outward cenſures of the Church. The firſt belongeth to all Paſtors, and the preachers of the Church, but not the other.

Anſw. 1. Our Saviour Chriſt comprehendeth the whole power of the keyes under the name of retayning and remitting ſins Ioan. 20. 23. Therefore he that hath right to the one, hath likewiſe to the other. 2. VVhere ſins upon the ſufficient declaration of repentance, are remitted, there the cenſures of the Church ought to bee releaſed: Neither is it lawfull to hold the penitent long under the cenſures, whē they haue ſufficiently teſtified their repentance? as the Apoſtle moveth the Corinthians to forgiue the inceſtuous perſon, after he had ſufficiently ſorrowed, hee then which 2. Cor. 2. 10 hath right to the more, hath right to the leſſe, according to the Law: cui licet quod Reg. iuris. 53 eſt plus, licet utique quod eſt minus. If Paſtors then and preachers haue power to remit ſinnes in the name of Chriſt, much more to releaſe the temporall cenſures.

Arg. 5. To whom the power of order belongth, the power alſo of Iuriſdiction appertaineth. S. Paul ioyneth them both The Paſtors and Presbyters right in laying on of handes. Extran Ioā. tit. 4. c. 5. together in Timothy. 1. Tim. 5. 19. againſt an elder receeiue no accuſation, &c. there is the power of iuriſdiction verſ. 22. Lay hands ſuddēly on no mā: there is the power of order, the corrupt Extravagants will grant this propoſition: claues de quibus agimus in collatione ſacerdotalis ordinis conferuntur: the keyes whereof we entreat are conferred in the collation of Prieſtly order. But Presbyters haue intereſt in conferring of orders. 1. Tim. 4. 14. Deſpiſe not the gift that is in thee, &c. by the laying on of hands of the presbitery, or Elderſhip: Here it is evident that the Paſtors and Presbyters layd on their hands together with the Apoſtle.

Some by the presbytery here underſtand the office of Elderſhip, which Tymothy 1. Expoſition. Perpetual govern. p. 78. was ordained unto: but the words will not beare this ſence: for here is mentioned the impoſition of hands 〈 in non-Latin alphabet 〉 of the The place 1. Tim. 4. 14. of the Preſbyters expounded. 2. Expoſition ibid. 249. Elderſhip. How can the office it ſelfe put on hands: the perſons then, not the office muſt of neceſſity be underſtood.

Some by the preſbyters vnderſtand Biſhops, but that can not bee: for as yet in the Apoſtles tyme there was no diſtinction betweene Biſhops and preſbyters, as it may appeare by S. Pauls deſcription of Presbyters & Paſtors of old admitted to lay on hands. a Biſhop. 1. Tim. 3. VVhich is common to the preſbyters. And this poynt followeth more fully to bee declared in the next argument.

Others ſay that the preſbyters and Paſtors 1. Expoſition Ibid. p. 93. might lay hands on Timothy, as well as Paul: but at another tyme and to another end. But S Paul ſaying in another place, ſtirre vp the gifte of God which is in 2. Tim. 1. 6. the by the putting on of hands, evidently ſheweth that he at the ſame time put on hands with the preſbyters: for he ſpeaketh of the ſame gifte in both places which was conferred vpon him by impoſition of hands. And further if the preſbyters ioyned 4. Expoſition with Paul in impoſition of hands, yet was it not of neceſſity, as though S. Pauls Ibid. p. 94. hands had not beene ſufficient without them to giue the holy ghoſt. VVee anſwer that although it bee graunted, that in reſpect of Pauls perſon, who was an Apoſtle, and had an extraordinary power and calling, the impoſition of hands by the preſbytery was not eſſentially neceſſary, yet in reſpect of the preſident, and perpetuall order, which was to be left to the Church of Chriſt, it was neceſſary: for it is not like that ſo wiſe an Apoſtle would els haue buſied himſelfe with ſo vnneceſſary and ſuperfluous a work, in aſſociating the Elders where he needed not. But notwithſtanding all theſe naked ſhiftes and deceitfull gloſſes, this place of S. Paul is pregnant to proue the copartnerſhip of preſbyters in giuing of orders: and thus was it practiſed by the Church afterward: Carth. 4. c. 3. Omnes preſbyteri, qui praeſentes ſunt, &c. Let all the preſbyters preſent lay their hands by the hand of the Biſhop vpon his head, that is to bee ordayned. And can. 24. Epiſcopus ſine concilio Clericorum, &c. The Biſhop muſt not ordayne Clarkes without a councell of his Clergie.

Object. This Impoſition of hands by the Perpet. govern. p. 251. preſbyters was a conſent rather, then a conſecration.

Anſw. That appeareth to be otherwiſe by that conſtitution of Vrban: ordinationes factaeſine communi ſenſu Clericorum irritae. Ordinations made without the common conſent Cauſ. 12. q. 2. cap. 37. of the Clergie are voyd. If the presbyters had not power and right of ordination, there was no reaſon to make it voyd without them. Ergo ſeeing preſbyters haue a ioynt power in ordination. iuriſdiction is not to bee denyed vnto them.

Arg. 6. If both the name and office of a Biſhop and presbyter by the word of God are all one, then by the word of God the ſpirituall iuriſdiction belongeth to them both, But the firſt is true: as Hierome proveth out of S. Paul, Apoſtolus perſpicuè docet eoſdem eſſe preſbyteros, quos Epiſcopos, &c. The Apoſtle plainly teacheth, that Preſbbyters are the ſame with Biſhops, as Tit. 1. 5. he calleth them preſbyters, which verſ. 7. are named to bee biſhops, ad Evag. Biſhop Iewell proveth by the Word that a Biſhop and Presbyter are allone: def. apol. p. 284. In 1. Tim. Hom. 11. 3. Reverend Biſhop Iewel ſheweth the ſame by the teſtimony of Hierom, Chryſostome, Ambroſe, Augustine, that a Biſhop and a Priest are all one. Chryſoſtome ſaith, Inter Epiſcopum & Preſbyterum interest ferè nihil. There is almoſt no difference between a biſhop and a Priest. And then hee inferreth thus, All theſe and more holy Fathers, with S. Paul the Apostle, for thus ſaying (that a biſhop and a prieſt are all one) by M. Hardings advice muſt be holden for Heretickes.

If it be anſwered, that the names were confounded in the Apoſtles, but the office and functions were divers, Bellar. lib. 1. de Cleric. c. 25. This anſwer may bee eaſily removed: for as a reverend writer telleth us: The ſame charge and the ſame grace Perpetuall gover. p. 203. concludeth the ſame function. But S. Paul requireth the ſame graces in a Biſhop and Presbyter, 1. Tim. 3. Hierome ſayth: De Hier. Evag. Preſbytero reticetur, quia & in Epiſcopo Preſbyter reticetur, &c. There is no mention made of a Preſbyter, becauſe he is contained in the name of a Biſhop. Ambroſe ſaith, Epiſcopi & Preſbyteri una ordinatio eſt, &c. There is one ordination of a Biſhop and Preſbyter, but the Biſhop is the firſt. If they haue one ordination, then they haue both one function by the word of God: howſoever afterward the Church in pollicie hath diſtinguiſhed them: which was done as Hierome ſaith: In ſchiſmatis remedium, To avoyd ſchiſmes. Ergo, ſeeing a Biſhop and Presbyter are the ſame by the word of God, iuriſdiction doth of right belong to both.

Arg. 7. All paſtorall duties doe equally belong unto the Paſtors: but to ſeperate the pretious from the vile, is a Paſtorall duty, Ier. 15. 19. as it belongeth to the ſhepheard to ſeeke that which is loſt, Ezek 34. 4. that is, to reconcile the penitent; ſo alſo to ſeparate the uncleane, to correct the obſtinate. Auguſtine ſaith, De corrept. & grat. cap. 15. Paſtoralis neceſſitas habet, &c. The Paſtoral neceſſity requireth, leſt the contagion ſhould ſpread further, to ſeparate the diſeaſed ſheepe from the ſound. Ergo, it belongeth to Presbyters which are Paſtors, and haue their flockes, Act. 20. 17. 28. to ſeparate ane excommunicate the vile and uncleane.

Arg. 8. VVhatſoever belongeth to the gathering together of the Saints, the work of the Miniſtery, the edifying of the body of Chriſt is to be performed by the Paſtors and Doctors, with other Miniſters of the Church: for to this end hath Chriſt ordained theſe offices, Epheſ. 4. 11. But to ſeparate or excommunicate, and recōcile, are profitable to the ſaid purpoſes: This authority is given for edification, 2. Cor. 10. 8. Ergo, it belongeth to the Paſtors and Teachers of the Church.

Arg. 9. The diſcipline ſhould bee adminiſtred by ſuch as are more likely to haue the ſpirit of direction, and to whom with the leaſt perill of the Church the cenſures might be exerciſed. But an aſſembly of Presbyters are more like to haue the ſpirit of Direction, as the Apoſtles and Presbyters aſſembled in councell, ſaying, It ſeemed good to the holy Ghoſt and Concil. Affrican. can. 138. epiſt. ad Coelestium. to us, Act. 15. 28. Thus ſaith the Councell of Affrican: Vnleſſe there be any that thinkes God inſpireth one particular perſon with righteouſneſſe, and forſaketh a number of Prieſts aſſembled in Synod.

Again there would ariſe leſſe danger to the Church by this means for there is a rule in the Law: Excommunicatus non poteſt excommunicare: he that is excommunicate himſelfe cannot excommunicate another. cauſ. 24. q. 1. c. 4. But a Biſhop or any one Eccleſiaſticall perſon may by many occaſions ſtand under the cenſure of excommunication: In what caſes Biſhops are liable to the cenſures of the church as if he haue two wiues; cauſ. 24. q. 3. c. 19. or if he bee a teacher of errour hee muſt bee delivered to Satan. cauſ. 24. q. 3. c, 13. Pelagius or if he be an uſurer cauſ, 14. q. 4. c. 4. or a blaſphemer or ſwearer. Carth. 4. cap. 61. or a player at dice. Trullan. c. 50. or be negligent in preaching and ſo continue. can. Apoſt. 57. or giue orders for money. Chalced. c. 2 Or be promoted for money: Conſtant. Conc. 6. gener. c. 22. or make a lay man his vicar generall, Hiſpatienſ. 2. c. 9. Or take upon him any civill office, as vice-preſidentſhip, Iuſticiariſhip, Decr. Greg. 3. 58. 4. or ſit in cauſes of bloud, or giue ſentence for the cutting off of any meber, as of ears, hands, &c. ibid. c, 5. So writeth Alexander 3. in his reſcript to the Biſhop of Canterbury. But a Biſhop or any one man may ſtand excommunicate where an aſſembly or company cannot, in this caſe by whom ſhould the diſcipline be adminiſtred. Ergo it is ſafer that the cenſures of the Church ſhould bee diſpoſed by many, then by one.

Arg. 10. Presbyters by the word of God, and practiſe of the Church are intereſſed in the ſpirituall rule and government of the Church: but the Excommunication belongeth to the ſpirituall regiment: Ergo, For the proofe of the propoſition: firſt in the Scriptures wee find that the Apoſtles called together the Preſbyters for the deciding of doubtfull queſtions: and by the Apoſtle the Elders that labour in the word are made rulers: the Elders that rule well, eſpecially they that labour in the word. 1. Tim. 5. 17. they then that laboured in the word, were alſo ruling Elders: for how elſe ſhould they haue a double honour, being excluded from government which is counted one of the greateſt honours of the Church. Now the practiſe of the Church is moſt evident: Hier. ſaith: communi preſbyterorum concilio Eccleſiae regebantur, ••• rom. in • . 1. In the beginning Churches were governed by the common adviſe of preſbyters. cauſ. 11. q. 3, c. 106. debent 12. ſacerdotes Epiſcopum circumſtare, &c. twelue Prieſts muſt ſtand by the Biſbop, when he denounceth excommunication: can. 108. VVhen the penitent party was to bee reconciled the Biſhop muſt bee aſſiſted with as many: cauſ. 12. q. 2. c. 5. The Biſhop could not diſpoſe of the temporall things of the Church, much leſſe of ſpirituall, inconſulto preſbyterio, not hauing before conſulted with his preſbitery: neither was the aſſiſtance of the presbytery for decency and order onely, but of neceſsity: Epiſcopus nullius cauſam audiat abſ que praeſentia clericorum, aliter erit ſententia irrita; The Biſhop ſhall heare no mans cauſe. without the preſence of his Clarks: otherwiſe let the ſentence bee voyd, Carth. 4. c. 23.

Thus it is evident that at the beginning the presbyters did aſſiſt the Biſhops in the regiment and gouernment of the Church, as is confeſſed alſo by our learned writers the government of the Church at the firſt was ſo apportioned: that neither the preſbyters ſhould doe any thing without the Biſhop, Perpetual gover. p. 307. nor the Biſhop diſpoſe matters of importance without his preſbytery. D. Fulke thus teſtifieth: it is manifeſt that the authority of binding Anſ. to Rhem in 2 Cor. 2. ſect. 4. and looſing committing and retaining pertaineth generally to all the Apoſtles alike, and to every paſtor in his cure.

Thus was it in the beginning: but by little and little in proceſſe of time Biſhops began to encroach upon presbyters and their office.

1. Biſhops had at the firſt but a priority before their presbyters, they were not How Biſhops by little and litile encroached upon Presbyters. to ſuffer a presbyter to ſtand before them Carth. 4. 34. and within doores Collegam ſe preſbyterorum eſſe cognoſcat: let the Biſhop take himſelfe to be the presbyters collegue and fellow: but now Biſhops are callled Prelats, Miniſters ſubditi, their ſubiects.

2. As yet the Biſhops had no ſpeciall kind of ordayning, as differing in order from presbyters, as Ambroſe ſaith: Epiſcopi & preſbyteri una ordinatio: there is but one ordination of a preſbyter and a Biſhop: uter que enim ſacerdos; for they are both but Prieſts or Miniſters, in 1. Tim. 3. afterward the Biſhops brought in a ſpeciall kind of conſecration for themſelues.

3. Then they went further that whereas in giuing of Orders, presbyters were ioyned with Biſhops: Carth. 4. c. 3. (cited before) they did aſſume that office to Hier. Evag. 10. themſelues, quid facit excepta ordinatione Epiſcopus. &c. What doth a Biſhop, that a Prieſt cannot doe, ordination onely excepted.

4. But not contented to ſtay here: they forbid a presbyter, Benedictionem ſuper plebem in Eccleſia fundere: To pronounce benediction or bleſſing over the people in the Church Agathenſ. can. 30.

5. Nay it was not lawfull for the preſbyter, the Biſhop being preſent either to pray, or doe any ſacred action, vnleſſe he were bid. Gelaſ. decr. 8.

6. But it was too painful for the biſhop to take vpon him theſe miniſteriall functions of praying, preaching, celebrating the Sacraments, and therfore they were content to remit theſe duties to the Preſbyters. But confirmation was appropriated vnto Biſhops: Diſce hanc obſervationem ad honorem Hier. adverſ. Luciferan. eſſe potius ſacerdotij, quam legis neceſſitatem. This obſervation is rather for the honour of the Preiſthood, then by neceſſity of any Law.

7. But yet in Hieroms time, though presbyters • dicenſ. • 6. 17. were excluded from ordination and cōfirmation, they enterpoſed themſelues in the iuriſdiction of the Church: Nos habemus Hier. in Eſa. 3. ſenatum nostrum, &c. As the Romanes had their Senate, ſo the Church had a preſbitery by whoſe counſell all things were done.

Thus by litile and litle haue Biſhops nibled vpon the preſbyters, leaving them the laborious works: and taking the honors to themſelues. VVe deſire that things onely may returne to their firſt inſtitution.

Obiections anſwered.

1. Obj. SAint Paul himſelfe alone did deliuer Two kinds of delivering up to Satan. Alexander and Hymeneus to Satan, that is excommunicate them 1. Tim. 2. 20. Therfore excommunication many be decreed by one.

Anſw. 1. VVee may here vnderſtand a double kind of deliuering vp to Satan. Extraordinarie, How S. Paul deliuered up to Satan. when as ſatan did torment the bodies of ſuch, as were delivered vp, as Satan tried Iob, thus thinketh Chriſoſt. vpon this place: for like as the Apoſtles had then the gift of healing to loſe faithful men frō the bonds of ſatan, ſo had they power to giue over the obſtinat to ſatan. This power extraordinary might be executed by the Apoſtles Act. 5. Act. 13. alone, as Peter did upon Ananias & Saphira, and Paul vpon theſe two blaſphemous perſons. There was an odinary delivring vp to Satan by Excommunication: quia diabolo traditur qui ab Eccleſiaſtica communione • erbis Apoſt. ſer. 98. removetur: Becauſe he is deliuered to the deuill, that is, remoued from the fellowſhip of the Church, for without the Church is the diuell Auguſt. This kind of delivering to Satan Paul excerciſed together with the Church. 1. Cor. 5. 5. 2. Or rather taking this for the ſame kind of delivering to Satan there mentioned: The Apoſtle is named here not as the ſole but principall agent: as in another place hee maketh mention, only of the impoſition of his hands: 2. Tim: 1. 6. yet the presbytery impoſed hands with him, 1. Tim. 4. 14. So then here the Apoſtle onely expreſſeth the act done, that they were delyuered, as for the maner how it was done, we muſt haue recourſe to the Apoſtles practiſe before in the Church of Corinch: as Chriſoſtom well noteth on this place: quommodo illum tradiderit audi, congregatis vobis & ſpiritu meo. &c. But how the Apoſtle delivered him, heare, Hom. 5. in 2 Tim. c. 1. when you are gathered together, and my ſpirit: and ſo he referreth vs to that place. 1. Cor. 5.

2. Object. There the Apoſtle did ſend his mandate, and the reſt did but execute it. Paul Parpet. gov. p. 125. aſked not theyr conſent, but tried theyr obedience: [For this cauſe did I write, that I might ſee the proofe of you, whether yee would bee obedient in all things.] 2. Cor. 2.

Anſw. 1. If followeth not, becauſe the Apoſtle tried their obedience, therefore • dicenſ. • 6. 17. they had no power to excommunicate for they were to bee directed by the Apoſtle in their adminiſtring and executing of that power. 2. So as they in their ſpirituall obedience, were to forgiue where the Apoſtle would haue them to forgiue: ſo there was in the Apoſtle a mutuall correſpondence to forgiue where they did forgiue. 2. Cor. 2. 10. There was then a concurrance of theyr powers in this action. 3. That the Church of Corinth did concur as principall agents, not as Miniſters onely with the Apoſtle in this act of Excommunication is ſhewed bfore arg. 3

Obj. 3. We will allow every Paſtor and preacher the key of knowledge to diſcerne, but not the key of power to excōmunicate and abſolue.

Anſw. 1. Theſe 2 keyes of knowledge and power though in ſome reſpect they differ Of the key of knowledge and the key of power. yet in vſe they ought alway bee ioyned together, and in effect are the ſame: for the key of power is the key of the kingdome of heauen, giuen to Peter and the reſt of the Apoſtles: math. 16. 19. I will giue thee the keyes of the kingdom of heaven ſoe the keye of knowledge is that wherby heauen is opened: as our Saviour ſayth: Luc. 11. 92. Wo vnto you interpreters of the Law, for you haue taken away the key of knowledge, as Ambroſe ſheweth: clauem Petri fidem eſſe dixerim petri, per quam Ambr. ſet. 38. caelos aperuit: the key of Peter I call the faith of Peter, by the which he opened the heavens. 3. As then the Prieſt in the law did not onely diſcerne betweene leper and leper, but did giue ſentence of ſeparation: ſo the Paſtors which haue the keyes of diſcerning, ſhould haue the key of excluding or receiuing: who is able better to iudge, then he that can diſcerne. 4. The corrupt extravagant, that brought in the diſioyned vſe of the keyes confeſſeth ad aliquid convenienter definiendum vtraque Extrav. Ioan it. 14. c. 5. clauis cognoſsendi & definiendi neceſſaria requiritur: to define any thing well both the keyes of determining and diſcerning are neceſſary.

Object. 4, The priuate vſe of the keyes in appointing offenders to forbeare for a tyme Perpet. gov. p. 316. the Lords table wee deny not to preſbyters, but not the publicke vſe to exclude an impenitent perſon from all fellowſhip of the faithfull.

Anſw. 1. This diſtinction of the priuate and publike vſe of the keyes is but an humane invention: the Scripture knoweth no ſuch difference: he that hath right to the one, hath intereſt in the other: the generall commiſſion giuen to all paſtors is: Whoſe ſins yee remit are remitted, Here is no Ioh. 20. 23. limitation of remitting publikly or privatly. 2. it is more to ſeparate from the ſacramets, then from the prayers only of the Church. He then that can doe the more, is inabled to doe the leſſe. 3. The Canons doe take thoſe for all one, Communione Sardicenſ. can. 16. 17. priuare, & abijcere: To depriue of the communion, and caſt out; Exterminare de Eecleſia, & ſeparare a communione: To thruſt out of the Church, and put from the Communion.

5. Object, If Biſhops haue any further auhoritie, then ſtandeth with good reaſon, and the manifeſt examples of the primitiue Perpet. gov. p. 406. Church, wee ſtriue not for it.

Anſw. 1. But why (we pray you) do you make mention of the Canons of the Church onely, and not of the word of God: will you haue biſhops to haue more authority, and Paſtors leſſe, then the word of God alloweth them? 2. But we refuſe not to debate this matter by the Canons, and practiſe of the Church, which notwithſtanding hath been in part ſhewed before: argum. 10. and ſhall bee declared further in the anſwer to the 11. Objection. Hierom thus writeth: quomodo ibi leproſum ſacerdos mundum vel immundū In Mat. • . 16. facit, ſic & hic alligat, vel ſolvit Epiſcopus & preſbyter. As there (under the Law) the Prieſt made the leprous perſon cleane or uncleane, ſo here the preſbyter bindeth or looſeth. So then as the iudgement and cenſuring of the leproſie belonged not onely to the chiefe Prieſts, but indifferently to them all: He ſhall be brought to Aaron the Prieſt, or one of his ſonnes the Prieſts. Lev. 13. 2. So now the cenſuring of ſpirituall leproſie ſhould indifferently belong to all ſpirituall Paſtors.

Further wee find that presbyters ſate together with Biſhops, and gaue voyces, and made decrees, not onely in matters, which concerne the word and doctrine (as we are borne in hand) but ſuch as belonged Perpet. gov. pag. 291. to diſcipline and excommunication, and anathematizing as is evident. Concil. Eliberrm. to the which ſubſcribed 36. presbyters can. 52. 62. 67. And in Arelatenſ. 2. can. 25. 28. and can * 30. they decree concerning the ſuſpenſion of Biſhops: to this Synod ſubſcribed 12. presbyters, from hence it is cleare that presbyters aſſembled in a ſynod haue power to excommunicate. The imperiall Law ſaith: We charge all Biſhops and Prieſts that they ſeparate no Novil. conſtitut. 125. c. 11. man from the ſacred communion, before they ſhew the cauſe: &c. And he that preſumeth to excommunicate, let him bee put from the communion. Thus it was indifferent for Biſhops or presbyters to excommunicate.

Obj. 6. Not in very Church, but in every citty there were preſbyters aſſiſting and ayding Perpet. gov. p. 183. the Biſhop, and theſe were Clergy men, to helpe him in all ſacred actions, and adviſe him in all iudiciall and Eccleſiaſticall proceedings. p. 184.

Anſw. 1. Neither do we urge to haue a presbyterie of Clergy men in everie pariſh Church, but that in every diviſion the presbyters and Paſtors ſhould aſſemble together for the execution of Diſcipline: 2. It being confeſſed that presbyters in cities haue aſſiſted the Biſhop in Eccleſiacall proceedings, why then may not the presbyters of country Churches be admitted, who are ſo much the more fit, becauſe they are acquainted with the particular diſeaſes in their ſeverall cures. 3. The Presbyteries were not onely in great and populous citties, neither had the biſhops them ſuch large circuits, but that one preſbytery might ſuffice for the Cittie and confines thereof: for then the biſhop had his proper pariſh, Epiſcopus propriam parochiam non derelinquat. Can. Apost. 13. his The Biſhop had his proper flock. proper Church. The biſhop qui non acquierit ire ad Eccleſiam ſibi cōmiſſam, Which did not reſolue to goe to the Church committed to his charge, ſhould be put from the communion. Antioch. concil. c. 17. hee had his peculiar flock. Epiſcopus grege ſibi commiſſum, &c. The biſhop must inſtruct the flocke committed unto him, with the preaching of the word. Turonenſ. ſub Carol. Then biſhops lived not onely in famous great Citties, but in baſe and obſure townes. Epiſcopus de loco ignobili ad nobilem per ambitionē non tranſeat: A biſhop ambitiouſly muſt not go from a baſe and ignoble towne to a noble, Carth. 4. can. 15. Then biſhops had not ſuch a large Dioceſſe. In Auguſtines time there were in one province under Carthage of the Catholicke & Donatist aboue Biſhops 9000. Of the Catholicks part there were preſent 286. and abſent 120. by reaſon of ſickneſſe and old age. Epiſpall Churches voyd 60. in all 466. Of the Donatiſts there were preſent 279. abſent 120. Churches voyd, 60. in all 459. Theſe ſo many biſhops in one province cannot be thought to haue had Dioceſſes much larger then ſome pariſhes. And few biſhoprickes haue ſo many pariſh Churches under them: and none in England (unleſſe it be Norwich) is found to haue more. It is no marvell then if one presbyterie with the biſhop ſufficed for ſuch Dioceſſes.

Object. 7. Preſbyters ſate with the biſhops at the firſt as aſseſsors and conſenters, before Perpet. gov. p. 317. Synods undertooke ſuch cauſes.

Anſ. 1. The frequenting of Synods was no let to the authority of the presbytery. 1. It was a Synod that decreed, that Sententia Epiſcopi, &c. The ſentence of the Biſhop ſhould be voyd, if it were not confirmed by the ſentence of the Clergie. Carth. 4. c. 23.

2. From the Nicene Councell to the time of this Synod, were aſſembled in the ſpace of an hundred years and ſomewhat more, twenty provinciall Synods as the Elibortine. Arelatenſ. 1. and 2. Gangrenſ. Agrippin. Antioch. Sardic. with others. 3. And before this it was decreed, that there ſhould be a Synod of biſhops twice every yeare, Antio. c. 20. Conſtantin. 1. c. 2. But after the time of this Synod of Carthage, when the authority of the presbytery began to bee impaired, it was decreed that biſhops ſhould aſſemble but once in the yeare, Toletan 3. c. 18. So that, even when Synods were moſt frequent, the presbytery was in greateſt authority, & it began to fail when Synods were not ſo often celebrated.

Obj. 8. For our parts though we take the keyes to be common to all that haue paſtorall charge of ſoules in their degree: yet to avoyd Perpet. gov. p. 320. the infinite ſhowers of excommunication, &c. if every preſbyter at his pleaſure might excommunicate, we praiſe the wiſedome of Gods Church in ſuffering no inferiour to excommunicate without the Biſhops conſent, &c.

Anſw. 1. If by the inſtitution of Chriſt, the adminiſtration of the keyes be common to all paſtors: what preſumption is this for men to take upon thē to be wiſer then God, & to change his inſtitution: The Eſay. 40. 13 prophet ſaith: who hath inſtructed the ſpirit of God, or taught him: 2. It is not the wiſdom of the Church, but the ambition of Biſhops, that hath excluded the paſtors, as Diotrephes, that loued to haue preeminence, would not receive the brethren. 3. Neither are Ioh. epist. 3. excōmunications the fewer, becauſe one by the Biſhops authoritie excommunicateth, but the more: for there is like to be more grace and diſcretion in a companie of reverent and learned paſtors, then in one vnlearned Chancellor or Officiall: and the Courts now intend their own gain, & therefore multiplie excommunications, wheras then the profite of mens ſoules ſhould be expected. As though there hath not been long ſince complaint made of the multiplicite of excommunications: tot hodie fiunt & officiales, quod vix eſt aliquis &c. There are ſo many excommunications now a dayes by officials, that ſcarce any man, that feareth God can liue in the world with a ſafe conſcience. VVhervpon it was directed, vt caveant ab earū multiplicatione, &c. That they ſhould beware of multiplying excômunications, leſt they be brought to contempt, Theſe are the ſhowers of Chancelors and officials excommunications, that flee faſter then lightening in tempeſt.

Object. 9. In our vnderſtanding the Miniſter of the pariſh doth giue his conſent. to the petition. p. 23.

Anſ. VVhat conſent call yee this, when the Chancellor, or Officiall ſendeth his mandate, and the Miniſter muſt denounce the ſentence of excommunication, or be ſuſpended himſelfe: doe yee count this conſent ſufficient: what is the paſtor here els, but the officials ſlaue to denounce his cenſures; VVhat is this els, but againſt the Apoſtle to be the ſeruantes of men: But 1 Cor. 7. 21 De 7. ordin. Eccleſ. as Hierome ſaith: non in dominatione vt ſervos habeas, ſed in miniſterio liberos: preachers ſhould not be vſed, as ſervants with indignitie but as free men in their miniſtrie.

Object. 10. They intend the inabling of everie particular paſtor alone to excommunicate. Anſw. to the petition ibid.

Anſ. Neither is it our deſire, that every particular Paſtor ſhould be inabled to excomunicat vntruth. We giue no ſuch power to particular pastors. himſelf alone againſt the Apoſt. rule: not as Lords ouer Gods heritage, As the the other is ſlaviſh, ſo this were popelike as Hierome will ſaith: contenti ſint honore ſuo, ſciant ſe patres eſſe, non dominos, Let them be content with theyr owne honor, and know they are fathers and not Lords.

Obejct. 11. If the paſtor ought to be ioyned in commiſſion, there would followe a world of troubles: Anſw. ibid.

Anſw. Neither were it fitt, that everie paſtor, ſhould be ioyned in commiſſion with the Chauncelor, and attend vpon his courts, for that were infinite, and tedious for the paſtors, to withdrawe them from their flocks, Cyprian will ſaith: Neque in altari meretur nominari in ſacerdotum prece, 1. Pet. 5. 3. Lib. 1. ep. 9. qui ab altari ſacerdotes avocare volunt. Hce deſerues not to be mentioned in the Minicters praiers that would draw him from executing his Miniſtery. But it ſhall euen now appeare what our deſire is.

Our deſire is, that diſcipline, may be adminiſtred according to the rules of Gods word? or, as things now ſtand, ſeeing there are three perſons in this buſines to bee reſpected the Biſhop in his dioceſe: the officers and Miniſters of the Biſhop: and the ſeverall paſtors; VVee would haue euery mans right reſerved, that all matters of inſtance and ciuill pleas ſhould be ſtill referred to the Civill Iudges: but matters of office as they are called excommunication, and ſpirituall miſdemeanors, to be cenſured by the companie of preſbyters in euerie Deanrie and diviſion (aſſiſted if it pleaſe the kings Maieſtie with ſome graue perſons of the Lay ſort) to be aſſembled monethly together, or otherwiſe: as there ſhall bee cauſe, and from them if there bee any iuſt agrevance, appeale to be made to the biſhop Synods of the Biſhops and Presbyters neceſſary. with his ſynod of presbyters. For this courſe to appeale, and referre doubtfull matters to ſynods, is both agreable to ſcriptuers, and practiſe of the ancient Church: As in Antioch, when the Church was troubled about cercumciſion they ſent to the Apoſtles and Elders about that queſtion, Act. 15. 2. Thus was it decreed in the great Nicene ſynode, that in euery prouince biſhops ſhould aſſemble twice in the yeare, to heare the complaints of ſuch as were excommunicate. can 5. The ſame decree is revived: Antioch. c. 20. Neither had they onely provinciall ſynods, but the biſhop for the ſame cauſe, had his aſſembly of paſtors. Cyprian writing to the preſbyters, and deacons of Carthage ſaith; A primordio Epiſcopatus mei ſtatui nibil ſine conſilio veſtro mea privatim ſententia gerere, &c. Since Cypr. lib. 3. epist. 10. my firſt entrance into my Epiſcopall charge. I dermined to doe nothing priuately of my ſelf without your counſell: Gregorie ſaith: leſt there be any diſſention among brethren &c. Lib. 7. epiſt. 110. In unum convnire ſacerdotis eſt: &c, It is neceſſarie for the Priests to meet together: quem negligentia reijcit, cum omnium preſbyterorum conſilio refutetur: whom his owne negligence maketh vnworthy, let him be diſplaced, by the councell of the preſbyters, Turenenſ. 2. c. 7. For this cauſe it was not long ſince decreed by a provinciall ſynod: ſingulis annis ſaltem ſynodus dioceſane a ſingulis Reformat Ratiſp. art. 35. Epiſcopis celebrant: Euery yeare at the leaſt let everie Biſhop celebrate a ſynod in his dioceſe.

Thus if this courſe were taken Chriſts inſtitution for the cenſure of excommunication ſhall be kept, the Paſtors ſhall bee reverenced, the preaching of the word furthered, people with long iournies not wearied, manners ſhall bee duely corrected. And thus much is inſinuated by Cyprian: Epiſt. 3. ad Cornel. A Equum eſt & iuſtum, ut uniuſcujuſ que cauſa illic audiatur, ubi eſt crimen admiſſum, & ſingulis paſtoribus ſit portio gregis a ſcripta, quam regat unuſquiſ que & gubernet, rationem ſui actus Domino redditurus. It is right and iuſt, that every mans cauſe bee heard, where the fault is made, and to every paſtor a part of the flock ſhould be committed to bee governed.

VVherefore (moſt noble King) 1. ſeeing The concluſion. excommunication ſhould bee decreed by an aſſembly according to Chriſts rule. Matth. 18. 18. 2. Neither ſhould there be any monark or ſole commander in the ſpirituall regiment of the Church. 3. If S. Paul did not excommunicate without the Paſtors. 4. If all that haue authoritie to preach haue right to the keyes. 5. If they which haue a ioynt power of ordination, haue alſo of iuriſdiction. 6. If by the word of God a Biſhop, and a Prieſt are all one. 7. If all paſtorall duties equally belong to all Paſtors. 8. If whatſoeuer appertaineth to the edifying of the Church is appendant to the paſtors office. 9 If it be ſafer that many excōmunicate by conſent, then one. 10. If it hath been the practiſe of the Church to ioyne presbyters with Biſhops in the ſpirituall regiment of the Church. 11. If all Prieſts indifferently under the Law did ſeparate and reſtore lepers, whereunto anſwereth excommunication, and reconciliation now. 12. If presbyters ſate in councels, and gaue voyces, and are allowed, by the Law imperiall to excommunicate.

And further ſeing nothing can bee obiected of any moment: 1. Neither S. Pauls delivering to Sathan of Alexander and Hymeneus 2. Neither of the Inceſtuous yong man at Corinth. 3. ſeeing the key of knowledge, which paſtors haue, is not to be ſevered from the keye of power 4. and as well may the publick uſe of the keyes, be committed to Paſtors, as the private. 5. And ſeeing presbyters in citties haue dealt with the cenſures, the Paſtors of the country ſhould not be excluded. 6. Neither is the frequenting of Synods any hinderance to the Eccleſiaſticall presbytery. 7. 8. 9. Nor any other inconvenience need to be feared: VVe truſt your Maieſty will follow, the example of David, to diſtribute the offices indifferently among the ſonnes of Aaron, 1. Chronicl. 24. 4. that a Theodoret. lib. 5. c. 37. few onely haue not the preeminence, and the reſt bee deſpiſed. Theodoſius the Emperour, when hee was excommunicate a levi homuncione, of a light cockbrain fellow, becauſe hee granted not the thing which he requeſted, would not enter into the Church, before hee had been of the ſame party abſolued. As we condemne the malepartneſſe of the Prieſt (no ſuch authority beeing giuen to any one in the world to cenſure Kings) ſo thus far wee wiſh that good Emperour to be followed that the cenſures of the church may be reverēced, being firſt reſtored to the originall inſtitution: We aske nothing; but what your Maieſty hath given hope of that diſcipline 〈 in non-Latin alphabet 〉 . p. 43. B. Bilſon p. 320. Perpet. gov. be preſerved in puritie according to the word: and which ſome of the greateſt oppoſites to this cauſe haue granted: We take the power of the keys to be common to al that haue paſtorall charge of ſoules, in their degree. And ſo wee conclude this matter with that ſentence of Hierom: which wee deſire our reverend Biſhops to think uppon, ſicut preſbyteri &c. as preſbyters know, that by the cuſtome of the Church they are made ſubiect to him that is ſet over them: ita Epiſcopi ſe noverint magis conſuetudine, quam diſpenſationis dominicae veritate preſbyteris eſſe maiores, & in commune debere Eccleſiam regere? So let Biſhops know, that rather by cuſtome then any divine diſpenſation, they are greater then preſbyters, and ought to governe the Church in common, in 1. c. ad Titum. & citatur, diſtinct. 95. c. 5 And Hierome againe ſaith: Epiſcopi ſacerdotes ſe eſſe noverint, non dominos, honorent Clericos, quaſi Clericos, ut & ipſis a clericis, quaſi Epiſcopis honos deferatur: ſcitum eſt illud oratoris Bomitij: cur ego te habeam ut principem, cum me non habeas ut ſenatorem. If Biſbops will be counted as chiefe and principall they muſt admit their Paſtors to bee as Senators, and of their Councell. Hierom. ad Nepotian.

4. Against extorting of unreaſonable fees.

Obj. 1. There are ſevere lawes made already in that behalfe. p. 24.

Anſw. Notwithſtanding the ſevere canons provided againſt the extorting of unreaſonable fees: who knoweth not, what intollerable exactions are uſed in Eccleſiaſticall Courts. The time was, when the Cod. lib. 9. tit. 27. Leg. 3. Gratian. Iudge ought to take nothing for his ſentence: when nothing was to be exacted of the innocent party: Colon. p. 13. c. 7. ſpeciem aequitatis non habet, quod ab Innocentibus abſolutis quippiam expenſarum nomine exegatur: when nothing was to bee taken of the poorer ſort, a pauperibus non valentibus ſolvere nihil recipiatur, append. Baſil. c. 10. It is not aboue 250. yeares ſince, when this order was taken by Iohn Stratford of Canterbury, Liuwood. de cenſen. c. Saeva. that miniſters ſhould pay for their letters of orders, but 6 pence for their letters of inſtitution but 12 pence. It hath bin decreed, that none ſhould exact ultra ſtatuta Cauſ. 16. q. 1. c. 62. leo. Extr. com. l. 3. tit. 10. c. 1. patrum beyond the rates appointed, and ſhould take leſſe then the cuſtome, not more: But how the world is changed, who can be ignorant what large fees are payed for ſentence, innocents not ſpared the pore not pittied: for probates of teſtaments double required to that which the ſtatute aloweth: for acquittances. Executors, ſome ten, ſome twenty yeares after are forced to pay ſome forty, ſome fifty Shillings, ſome more. Letters of inſtitution are growen from twenty Shillings in the beginning of Queen Elizabeths reigne to foure or fiue pound. Letters of orders taxed in many places after the ſame rate. Archdeacons in their viſitation 〈1 page duplicate〉〈1 page duplicate〉 haue exacted twelue pence, ſixteen pence yea two Shillings for the article books, not much more aboue three pence. And not long ſince, when the fifth of Auguſt was commanded to be ſolemniſed for the Kings deliverance, in ſome dioceſes the Church-wardens were urged to pay twenty pence for copies of the letters. It were too long to reckon up al the exorbitant courſes of theſe Eccleſiaſticall courts and officers, which ſince the canon made in the convocation. anno 1597. haue been more intollerable, then before: and ſeing convocation canons are no more regarded, wee deſire that their exactions may be reſtrayned by parliament ſtatutes, that ſome of the ancient lawes may bee revived againſt ſuch: as either the law of Theodoſius to be puniſhed fourefould: or the decree of Innocent. the 3. Extorta reſtitu it, Cod. lib. 9. tit. 27. l. 6. & tantundem pauperibus eroget, to reſtore what is exacted, and to giue ſo much to the poore: or of Benedict. the 12. that they pay twice ſo much within two moneths, or Decr. Greg. lib. 3. c. 49. c. 8. Extrav. com lib. 3. tit. 10 c. 1. can. 24. els be ſuſpended from their office: or the decree of the 8. generall Councell, concerning ſuch enormities aut corrigatur, aut deponatur: that if they bee not amended, they ſhould be depoſed.

5. Of farming of iuriſdiction.

Cenſure: IT is of it ſelfe a matter indifferent, neither good nor evill, but as it is uſed. p. 24.

Anſw. And doe our brethren hold the farming of Eccleſiaſticall Iuriſdiction to be ſo indifferent a thing? How is it poſſible, when ſome Chancellours and officials pay 20. ſome 30. ſome 50 poūd, yearly for their place: regiſters, ſome an hundred, ſome 200 pound, ſome more, but that they ſhould extort in their office, and by unreaſonable and intollerable exactions make up their hard rents? Is this thing, neither good, nor evill: VVe wonder, that men profeſſing the Goſpell ſhould bee thus beſotted and blinded; ſeeing the papall Hierarchie hath deteſted ſuch corruptions. Lateranenſ. par. 1. c. 15. quidam pro certae pecuniae quantitate juriſdictionem Epiſcopalem exercent, qui de caetero praeſumpſerit ſic facere, officio ſuo privetur, & Epiſcopus conferendi hoc officiū poteſtatē amitttat: both the officer that farmeth his office ſhall bee deprived, and the Biſhop looſe the gift. So was it alſo decreed. Colonienſ. ſub Adulph. med. 3. c. 3. Non licet praelatis officia ſua pro pecunia alicui committere: that no prelates ſhould let out their offices for mony.

6. Of the reſtraint of marriage at certaine times.

Obiect. IT is falſely called a popiſh canon, it was anciently uſed in the Church. Laodicen. c. 52. and being rightly uſed is commendable &c. Anſ. to Petit. p. 24.

Anſw. 1. The 52. canon of the Laodicene Councell, which decreeth, that marriage ſhould not bee ſolemnized in Lent, doth no more ſhew, that the reſtraint of marriage is not ſuperſtitious, then becauſe, can. 24. mention is made of 7. Eccleſiaſticall orders, and can. 48. of chriſme to bee uſed after baptiſme, it might be inferred, that neither are theſe obſervations popiſh: VVe count not onely thoſe corruptions popiſh which the pope in his ruffe invented, but thoſe of Elder time, which hee hath retayned: and ſeing the myſterie of iniquitie wrought in the Apoſtles time, it is no marvaill, if it wrought in the time of this Councell.

2. This canon obiected maketh but one reſtraint of Marriage in time of lent, but the Church of Rome brought in three: frō More times of reſtraint for mariage obſerved in Englād, then in the popiſh Church. Advent to the Epiphany, from Sepauageſima to the octaves of Eaſter: from the Rogatiō week to the octaues of pētecoſt: all wch times are ſtrictly urged in Engl. ſtill: And yet the laſt time interdicted at Pentecoſt the Tridentine Chapter hath diſpenſed with. Seſ. 24. cap. 10. So that heerein Proteſtants are more ſuperſtitious then Papiſts. 3 This canon for reſtraint of marriage had but a ſuperſtitious beginning: it was prohibited againſt ſuch feſtivals, becauſe of the holineſſe of the time: ſo that theſe abſur dities follow that marriage is a diſgrace to theſe times, which the Apoſtle calleth honorable, Heb. 13 4. And that ſome time are more holy, then other, contrary to the Apoſtle Galath, 4. 10. And if marriage bee not fit to be ſolemnized, then all matrimoniall duties might as well bee forbidden and ſo married perſons ſhould bee forced to forbeare and to abſteine the third part of the yeare: who iudgeth not, how inconvenient this would be? 4. But ſeeing marriage in theſe times may bee lawfull by diſpenſation, to what other uſe ſerued that canon, then to draw advantage to their purſes? If they can make it lawfull for mony to ſome, as well may the parliamēt make it lawful to all perſons without money. And ſo the Petitioners requeſt is reſonable, that (day of faſt onely excepted) this & al other Popiſh & inconvenient canons ſhould bee abrogated, according to the ſtatute of Henry 8. that ſuch canons, as by the 32. Commiſſioners to be nominated by the king ſhould be found contrary to the word of God and the law of the land be aboliſhed. This acte was made ann. Henry 8. 25. c. 19. repealed, ann. 1. 92. of. P & M. reviued ann. Eliz. 1. c. 1. VVe deſire onely the execution of it.

7. of the long ſomneſſe of Eccleſiaſticall ſuites.

Obiect. IT is not the fault of the Court, or Iudge &c. but ſome time the error of pleading, the intricatneſſe of the cauſe, cunning of proctors. &c

Anſw. 1. None of theſe pretenſes can excuſe the length of ſutes. 1. If the error Cod. lib. 2. tit. 28. c. 1. be in the forme of pleading, let Conſtantins law take place. Iuris formulae te aucupatione ſyllabarum amputentur. They ſbould not ſtand ſoe ſtrictly vpon termes and querks of lawe, but goe directlie to the equitie of the cauſe: as Innocent wrote to the Biſhop of Hereford: Non ſecundum formam Lateranenſ. par. 7. c. 13. in literis expreſſam, ſed ſecundum vigorem iustitiae iudicandum: Iudge not according to the termes of the letter, but after the tenure of iuſtice. 2. If the fault be in the advocate, let Iuſtinians law be executed: Cod. lib. 3. tit. 1. c. 11. Puniatur in duab. libris auri: Let a fine be ſet on his head. 3. If the proctors trifle, and make vnneceſſary pleas, let Theodoſiꝰ law be revived, that the iudge may remoue thē, ab executione, from their practiſe, vt ſciant cauſas à ſe non eſſe deludendas, that they may learne, not to delude cauſes. 4. If the Clients be perverſe, Cod. lib. 3. tit. 3. c. 2 and abſent themſelues, Iuſtinian alſo hath taken order for that: The Iudge may determine the ſuite in their abſence, and againſt their willes.

2. Now for the time to be limited for the determination of ſuites, the ciuill law preſcribeth two yeares for criminall cauſes: three years, for ciuill & pecuniarie ſuits. The canon law alſo ſetteth, for the Extav com. lib. 1. tlt. 9. c. 1. Sixtus. 4. hearing of Eccleſiaſticall ſuites betweene partie and partie two yeares: But this is to bee preſuppoſed in moſt difficult and intricare cauſes: for the determining of ſome other civill or criminall, a leſſe time is limited, as the ſpace of 20. dayes: Sciant Cod. lib. 1. t. 5. leg. zeno Iudices intra viginti dierum ſpatium debere ſe prefata litigia poſtquam orta fuerint, terminare: And generallie this reſpect of Clergie mens ſuites. Vt diſceptatio litis Canſ. 11. q. 1. c. 45. duorum menſium ſpatium non excedat. They ſhould not exceed two monethes: It were to be wiſhed, that ſome of theſe lawes What time may be thought meet to be limited for the detaining of ſuites. were reſtored that a certaine time ſhould be prefixed, for a finall end of ſuites. A yeare or two at the moſt might ſuffice for the deciding of the moſt intricate cauſes. Now the Iudge, Regiſter, advocate, proctor are all agreed to prolong ſuits for their aduantatage, and ſo, as the prophete ſaith: they wrape it vp. Mic. c. 7, 3. But the chiefe fault is in the Iudge, who might abridge ſuits, if he would: And therefore Iuſtinian puniſheth the Iudge, in 10 Cod. lib. 1. tit. 1. leg. 11. pound of gould, that determineth not cauſes within the time preſcribed: Leo the 10 decreeth thē to be excōmunicate: Iudices cauſas coram eis pendentes ſub poena excōmunicationis terminare debent. The like Latran. ſub. Leon. 10. ſeſſ. 11. courſe if it were taken with our Eccleſiaſtical Iudges the whole kingdom would ſoone finde great eaſe.

8. Of the oath ex officio.

Object. THE oath, ex officio is uſed as it ought to be by men of wiſdome, experience, conſcience &c. Anſw. p. 25.

Anſw. The oath ex Officio wee deſire that it were in Eccleſiaſticall courts more ſparingly uſed, or rather never uſed, and in theſe poynts reformed, wherein we think it is enforced contrary to the word of God, and the law of this land.

1. The oath whereby a man is forced to accuſe himſelfe, ſhould not be uſed in ordinarie proceedings, and in trifling and common cauſes, as now it is, but in weightie and great matters, which tend to the diſturbance of the common peace, or are againſt the State, ſuch as are handled in the moſt honourable Court of the Starre-chamber: and it ſhould bee uſed rather in civill cauſes then canonicall, as in matters of truſt, Exod. 22. 11. And ſo by the Imperiall law, in actione depoſiti, a man might be onerated with an oath. Cod. lib. 4. tit. 1. leg. 10. So in action of debt, the debter might be put to his oath. Ibid. leg. 9.

2. This oath is miniſtred propter inopiam probationum, where other proofes fail, Cod. lib. 4. tit. 1. leg. 3. And the Canon law ſaith, In ipſo cauſae initio non eſt à quaeſtionibus inchoandum: They muſt not begin in the entrance of the ſuit with queſtions. So in the caſe of iealouſie between man and wife, where no other evidence was, the woman was charged with an oath or execration, Numb. 5. 21. But now a man convented is firſt put to his oath, though other profes be at hand.

3. VVhere one is preſſed with this oath a partie and accuſer ſhould be given, that he which is accuſed may referre juramentum, may haue liberty to returne the like oath upon his accuſer. Cod. lib. 4. tit. 1. leg. 9. Iuſtinian giveth this reaſon, Non debet reſpuere in perſona ſua quod placuit in perſona adverſarij. Hee muſt not refuſe to ſweare in his own perſon, ſeeing hee put his adverſary to it, ibid. leg. 12. This courſe is held in the honorable Court of Chauncery, that where that partie is examined upon his oath; his adverſary that putteth in the bill appeareth againſt him. This ſtanding forth of the accuſer is approved by our Saviour, Woman, where are thine accuſers, Ioh 8. 10. The heathen Iudge had this equity to ſay unto Paul, I will heare thee when thine accuſers are com, Act. 23. 35. The Canons are moſt pregnant this way, Iulij. 1. decr. 1. that an accuſer ſhould bee produced in iudgement: Non oportet quenquam iudicari aut damnari antequam accuſatores ſuos preſentes habeat: None ought to be judged or condemned before he haue his accuſers preſent. Non ante accuſatus ſupplicio deputetur, quant accuſator preſentitur: That the partie accuſed be not adiudged to puniſhment before his accuſer be produced. Wormatenſ. c. 42. Neceſſe eſt ſecundum ſcripturarum documentum, & accuſatorum & accuſatum ſimul adeſſe. It is neceſſary according to the doctrine of the Scriptures, that both the accuſer and accuſed be preſent at once. Nicol. 1. de Iudic. c. 10. No cauſe ſhall be admitted to any to determe, Niſi perſonae appareant, quae volunt perſonam criminoſi impetere: Vnleſſe the parties appeare that will accuſe the guiltie perſon. Thus both by Scripture, lawes imperiall, Canons of biſhops, Councels provinciall and generall, it is evident, that no man ought to be condemned without an accuſer; wherein the courſe which is taken by the miniſtring of an oath Ex Officio faileth.

4. Clergy men are priviledged not to be examined upon their oath, Citra iniuriam queſtiones teſtimonium dicunt. Cod. lib. 1. tit. 6. leg. 8. Theodoſ. They muſt giue their teſtimony, not forced therto by queſtion. As they are excepted by this law from torture of body, ſo by the ſame reaſon from the forcing of their conſcience; eſpecially the Biſhop ſhould not exact ſuch a compulſiue oath of his Clergie. Nullus Epiſcopus Clericos ſuos, niſi forte quibus Eccleſiaſticarum rerum diſpenſatio commiſſa fuerit, ſibi iurare compellat, Cauſ. 22. 5. 23. Placuit ut nullus Epiſcopus quenquam Clericorum iudicare, aut condemnare preſumet, niſi accuſatus legitimos accuſatores habeat. Wee think fit, that no Biſhop do iudge or condemne any of the clergie, unleſſe the party accuſed haue lawful accuſers preſent. This alſo is agreeable Inter decret. ab Adrian collecta. to the Apoſtle: Againſt an Elder or a Preſbyter receiue no accuſation but under two or three witneſſes, 1. Tim. 5. 19. But now in Eccleſiaſticall proceedings there is no reſpect had to the reverent calling of preachers, but they are indifferently put to the oath, neither is there an accuſer produced.

5. The Prophet Ieremy would haue us to ſweare in iudgement. Ierem. 4. 2. that is, not raſhly, but deliberately and adviſedly: but they which are examined upon the oath can not ſweare in iudgement, becauſe they know not the articles before to conſider of them, but they that ſweare make a preſent and direct anſwer, they know not to what. This is alſo contrary to that decree: Latran. ſub Innocent. 3. c. 8. Contra quem facienda eſt iniquiſitio, &c. exponenda ſunt illi capitula de quibus fuerit inquirendum, ut facultatem habeat, defendendi ſeipſum &c. He againſt whom inquiſition is made, muſt haue the points, declared unto him, whereof hee is to bee exaamined that he may haue power to defed himſelf, Ergo the oath ex officio is not according to iudgement.

6. VVe muſt ſweare alſo in righteouſneſſe Ierem. 4. 2. But ſo doe not they, which take the oath ex officio, becauſe they are forced to accuſe and bretray their brethren, which is againſt the law of charitie and righteouſnes. In which caſe a man ſhould bee reſolved to ſay with Ambroſe, prius eſt, ut animam mihi quam fidem auferat. I wil ſooner looſe my life then my faith.

7. It is againſt the Law, to force a man to produce witneſſes againſt him ſelf: Nemo contra ſe cogitur teſtes producere. Cod. lib, 4. tit. 20. leg. 6. Ergo it is againſt the law for a man to be forced to be a witneſſe againſt him ſelfe.

8. By the ciuill law a witneſſe produced againſt his will, muſt not carcerali cuſtodia detineri &c. Be commited to priſon, nor deteyned aboue 15. dayes: Cod. l. 4. 20. 15. But they which are produced to teſtifie againſt themſelves are committed to priſon, and kept not onely, 15. dayes, but ſo many weeks and moneths, till they ſubmit themſelves to the oath.

4. The Scripture ſaith: in the mouth of two or three witneſſes, ſhall every word ſtand 2. Cor. 13. 2. Hereunto agreeth the civill law, vox unius, vox nullius: the voyce of one is the voyce of none, Cod. l. 4. tit. 20. l. 8. Conſtan. And the canon law: Vnius teſtis reſponſio omnino non audiatur: one witneſſe is not to bee heard, Cauſ. 4. q. 3. c. 2. If one witneſſe is not to be accepted, much leſſe where no witnes is, ſhould any be condemned.

10. The ſame party ſhould not be both accuſer and iudge: our Saviour, to whom as a iudge they preſented the adulterous woman, would not condemne her without accuſers, Ioan. 8. The Canons agree: Nullus praeſumat Canſ. 4. 44 c. 1. 2. accuſator ſimuleſſe, & iudex: Let none preſume to be accuſer and judge. Fabian. epiſt. 1. Damaſc. ep. 3. c. 7. Concill. Oxonienſ. ſub Steph. But in urging the oath ex officio the Iudge and Court are accuſers.

VVherefore (O moſt noble King) 1. ſeing the oath ex officio ſhould bee in waighty not common, in civill rather then in criminall cauſes. 2. ſeeing it ſhould be uſed, but when other proofes faile. 3. And that an accuſer ſhould be produced. 4. And the Miniſters by law are priviledged. 5. Seeing ſuch cannot ſweare in iudgement, not knovving the articles obiected. 6. nor in righteouſneſſe, being forced oftentimes to accuſe their brethren. 7. Neither ſhould a man be forced to produce vvitneſſes againſt himſelfe, 8. neither ſhould witneſſes be impriſoned. 9. And every word ſhould ſtand in the mouth of two or three witneſſes. 10. Neither ſhould the ſame be Accuſator & Iudex. VVe hope your Majeſty ſeeth, what iuſt cauſe the Petitioners had to moue, that the othe Ex officio be more ſparingly uſed: which courſe ſeemed ſtrange in ancient time: as Ambroſe reproveth one Syagrius Biſhop of Verona; for condemning a virgin without an accuſer: Vbi talis iudicandi formula, Epist. 64. ſi leges publicas interrogamus, accuſatorum exigunt, ſi Eccleſia, &c. Whence had you this forme of proceeding, if we aske the common Lawes, they require an accuſer; if the Church, in the mouth of two or three witneſſes every truth ſtandeth.

9. Of Licenſes for marriage without banes asking.

Object. LIcenſes for marriage are moſt cautelouſly granted and that upon ſevere puniſhment to enſue if the conſtitution be violated. Anſw. p. 25.

Anſw. The inconveniences which enſue upon licenſes for marriage, as they are now granted, are many.

1. By this meanes iniury is done unto the parents without whoſe conſent their childe, and ſometimes heire is carried away, and married without further notice.

2. Precontracts are by this means deluded, when as marriages are hudled up without publicke warning, that they vvhich haue intereſt might take exception.

3. Theſe licenſes giue way to clandeſtine and ſecret marriages, which are forbidden both by Gods law and mans.

4. The Church and congregation is offended, the Paſtor mocked, when two of their pariſh are ioyned in marriage, they know not where, nor when. Secondly, as for the ſeverity of the conſtitution, the ſtrength thereof dependeth upon the bonds of the ſuerties which may be knights of the poſt, & men of no worth? And notwithſtanding this canon, licenſes haue been abuſed as much as before, as ſome of us can ſpeak of experience. Thirdly, the Petitioner then had reaſon, to moue, as they did: And further, we explaine our Petition, that either licenſes might be cleane cut off, and banes thrice asked without any exception, according to the Communion book, as it hath been in ſome Synods alſo decreed: or that noble perſonages, or men of the like quality onely be priviledged, as the conſtitution intendeth: and that they to other be granted very ſeldom, and that upon neceſſary and urgent occaſion, better cautions, and more reaſonable fees: that, as other Colonienſ. par. 7. c. 43. August. c. 21. things, ſo marriages may bee done, according to the Apoſtles rule, Comely, and in order. 1. Cor. 14 40. But now by theſe licenſes order is broken, and a way made to many uncomely, and unhoneſt proceedings.

The defence of the Concluſion.

1. Cenſure THE ydle vaunt, that the Anſw. p. 2 • Petitioners make, &c. they haue paſſed over in ſilence many learned tractes.

Anſw. VVee truſt by this defence it doth appeare, that it is no idle vaunt (that the Petitioners are able to ſhew the particulars given in inſtance, not to be agreable to the ſcriptuers:) The treatiſes written on the contrarie part, the Petitioners profeſſe not to confute, the world is too full of ſuch bookes alreadie, & the common adverſarie reioyceth too much in our domeſticall contentions: yet ſome of them where it was needfull, are anſwered: ſome as ſuperfluous, are omitted: of the which we may ſay with Ambroſe, Accuſationem non tacendo confirmant ſed deſpiciunt In Luc. 22. non refellendo: They are beſt refuted, by beeing deſpiſed.

Yee will by argument ſilence them.] Boaſt not too much of your ſtrengh, let not him that puteth on his armour, boaſt, as he that putteth it off: vve doubt not, but to whom God hath geuen affection to loue his truth, hee will alſo graunt elocution to defend it. But though you could put men to ſilence, the truth, will not be ſilenced: Melior eſt cauſa, quae non defenditur, & probatur, taceat Serm. 49. lingua neceſſe eſt, vbi ipſa equitas ſibi adeſt: as Ambroſe ſaith. The goodneſſe of the cauſe doth the better appeare when it is approued without defence. The gracious effects vnder her Maieſties late happie reigne, proceeded not from the diſcipline but from the doctrine of the Church, which if it had been cheriſhed by a good foſter ſiſter, would haue brought forth more glorious fruits. His Maieſtie, what defects ſoever he found in the reformation of his former kingdom, (which are not ſuch as you inſinuate) he knoweth wiſely to diſtinguiſh between the faults of men, and the nature of the thing, as the law ſaith, Delictum Reg. iuris. 76 perſonae, non debet in detrimentum Eccleſiae redundare. The perſons fault ſhould not bee the Churches praeiudice.

2. Cenſ. That God hath appointed his Maieſtie &c. for ſuch a purpoſe as they conceit, what poynt of divination? &c.

Anſw. VVe doubt not, but that God hath appoynted his Maieſtie to the kingdome for ſuch a time: euen to reforme ſuch things as are out of ſquare both in Church and Common-wealth: that we may ſay of his Maieſty with the Prophet: Vocaberis inſtaurator ruinae, & inſtitutor ſemitarum. Eſay. 58. 12. As for the Petitioners, they haue neither Popiſh nor puritan humors to be purged of: VVhere the ſicknes is we truſt our princely phyſitian will in time finde out: As Auguſtine ſaith, Qui Soliloq. 1. 14 medici officio fungitur melius intelligit, qui ſani ſunt, quam ipſi qui ſanantur: The Phyſitian better knoweth who are ſicke, or ſound, then they which are healed. Neither do we wiſh the ſtate to be diſſolved, but the corruptions to be reformed: The ſtate of the Church as we deny it not to bee in part, as they ſay; acceptable to God, honourable to his highnes, comfortable to many thouſand Miniſters, ſo we deſire, that in each ſort it may be more: and ſay with Auguſtine in an other caſe optandum Epiſt. 16. eſt vt fiat, ſupplicandum eſt, vt fiat, non quaſi factum fuerit conſulendum. It were to be wiſhed that ſo it were, but cannot be ſayd, that ſo it is.

3. Cenſure. He that will indifferently conſider, &c. ſhall haue iuſt cauſe to approue the iuſtice, commend the mildnes, &c.

Anſw. VVee wiſh the ſame which our brethren write, that ſuch mildnes had beene vſed by the governors of the Church toward the preachers, which were ſilenced, impriſoned, deprived for refuſing the ſurplice and croſſe, and ſuch other matters (to the vrgers of them) of no great importance: God ſhew them more mercie in that day. Certainlie howſoever their ſeveritie before men, by authoritie may be excuſed, yet their clemencie would haue bene more commended, as Ambroſe Epist. 58. well ſaith, Vides quid authoritas tribuat, quid ſtudeat miſericordia: excuſationem habes, ſi feceris laudem, ſi non feceris.

4. Cenſ. As for that clauſe of mens traditions, it is odious: Anſw. p. 27.

Anſw. Let our brethren tell vs in good ſadneſſe, whether they can proue, the ſurplice, croſſe in baptiſme, non reſidencie, excommunication by Chancelors, officials, by the ſcriptuers? If they cannot, what are they els, but mens traditions? And it is acknowledged, Perpet. gov. p. 320. that this laſt is challenged not by Gods law, but by mans: How ſay our brethren then is it not an humane tradition: this hiding of the diſeaſe tendeth not to healing, but to Lib. de dile. c. 5. further hurt: Nolens ſe eſſe reum addit ad reatum, excuſando ignorat, non ſe poenam removere, ſed veniam. He that will not be guilty, increaſeth his guilt, and by excuſing himſelfe procureth 〈◊〉 pardon, but puniſhment.

5. Cenſ. Are we the men, that are addicted to our own quiet, credit, and commodity? Anſ. to petit. p. 27.

Anſw. VVho ſeek their quiet in the vvorld more then idle miniſters that either do not, or cannot preach? vvho their credit more then they that ſeeke to haue preheminence aboue their brethren? vvho their profit more then they that heape living to living, benefice to benefice, dignity to dignity? Are not they the men that take upon them to bee proctors and patrons for all theſe? VVee charge them not to put out their money to uſurie, their multiplicity of livings will make them rich enough without it: their labours by preaching and writing againſt the common adverſaie we diſpraiſe not, but wiſh the one were more, and the other in many to better edifying: Neither are their brethren the Petitioners inferior in any of theſe travels: But this wee diſlike, that our bretheren ſhould thinke by their labours to colour and countenance theſe corruptions: This were as Hierome ſaith: Rem medecinae vulnus Ad Demetr. facere, remedium animae venenum: To make a wound with a medecine, and turne the remedie of the ſoule into a maladie.

6. Cenſ. It is obiected, That the deſire of the Petitioners doth not ſuit with the ſtate of a monarchy: whereunto our anſwer briefly is this:

Firſt to enforce this concluſion, the confuters Vntruth diverſe. produce falſe and ſlanderous premiſes, as that we would haue the king confined within the limits of ſome particular pariſh: that they giue vnto the preſbyters power to Anſw. to pet. p. 29. cenſure, euioyne penance, excommunicate the king, and where there is cauſe to proceed againſt him as a tyrant: that they denie appeales to the prince, would draw all cauſes to be Eccleſiaſticall, that they allow the magiſtrate, Non poteſtatem iuris, ſed facti.

1. The Petitioners utterly renounce all theſe uncharitable imputations: they are further off from making all cauſes Eccleſiaſticall, then the Biſhops and their officers: for they think that actions matrimoniall, decimarie, teſtamentary, de jure belong to the deciding of the civill Magiſtrate, which now de facto are appropriated to the Eccleſiaſtical courts.

2. Not presbyters, but Biſhops haue taken upon them to cenſure and excommunicate Kings: as Odo ſuſpended King Edwine: the Biſhop of London, Elie, VVincheſter, Hereford, Fox. p. 151. Fox. p. 251. interdicted K. Iohn, and the whole Realme: they were the Biſhops, not presbyters, that iutted with and ioſtled their Kings. Anſelme oppoſed himſelfe againſt William Rufus, Becket againſt K. Henry the 2. Ste. Langhton againſt K. Iohn. Rob. Winchelſey againſt Edward the 1. Thomas Arundel againſt Rich. the 2. And few Archbiſhops we finde (ſaith M. Eox) with whom kings haue not bad ſome quarrels or Fox. 395. other. But as for the Petitioners concerning the cenſuring of Kings: we aſſent unto their determination that thus write, Si quis vetus & novum Teſtamentum, geſtaque reuolverit, patenter inveniet, quod aut minime, aut difficulter poſſint reges & imperatores excommunicari: admoneri poſſunt, increpari, argui a diſcretis viris, &c. If a man turn over the old & new Teſtamēt Epist. Leodienſ. Eccleſ. Cont. Paſch. he ſhall apparantly ſaid, that none at all, or very hardly Kings and Emperours can bee excommunicate: they may be admoniſhed, rebuked by diſcreet men, &c. And they add further: Hildebrandus papa primus levavit ſacerdotalem lanceam contra diadema regum: The Pope a Biſhop (not the presbyters) did firſt lift up the Prieſtly launce againſt the Kingly crown. If in ſome places ſome heady men haue preſumed without warrant, it ought not to preiudice neither us, nor our cauſe: But as Ambroſe ſaith: the example of ſuch, Non excuſationi obtenditur, ſed cautioni proponitur: ſhould not be pretended to imitate, but propounded to take heed.

Secondly, would our brethren haue the The Eccleſiaſticall ſtate in earth not Monarchical. ſtate of the Church Monarchicall by this colour, to make the Eccleſiaſticall and Civill ſtate ſuteable, when there was but one Emperour, ambitious policie brought in one ſupreame Biſhop the Pope, that tooke upon him to be chiefe over all Biſhops: There is great difference between the Church and the Kingdom: their regiment cannot be alike: Our Saviour himſelfe ſheweth a difference, The Luc. 22. 23. Kings of the Gentiles reigne over them &c. but yee ſhall not be ſo. Chriſt would haue no Monarks and ſole commanders in his Church, as the Kings were among the Gentiles. Do not our learned writers maintaine againſt Bellarmine that the policie of the Church, Quam D. Sutcliffe. l. 1. de. pont. Rom. c. 5. proxime accedere. &c. doth come moſt neere to an Ariſtocraticall eſtate, not a Monarchicall: And in this manner was the Church governed at the beginning, as Hierome witneſſeth, communi preſbyterorum conſilio: by the common In Tit. 1. counſell of preſbyters.

Thirdly, yet ſhall it appeare, that the regiment and Diſcipline of the Church, which the Petitioners moue, is much more ſuteable to the ſtate of a Monarchie, then the Epiſcopall Hierarchie: 1. VVee acknowledge no other Monarch, both in Civill and Eccleſiaſticall cauſes, but the kings Maieſty: there need not to be any other Prince, or chiefe of the Biſhops, but the King, 2. the civill ſtate, though it be Monarchicall in the head, yet it is not throughout in the members. The King firſt, hath his honorable ſtate of Councellors, all of equall authority: to that may anſwer for Eccleſiaſticall matters a Synode of Biſhops: then in every ſhire, there are worſhip full knights and Squires in commiſſion for the peace: were it not a confuſed The presbyter of Pastors proued ſuteable to the state. eſtate, that there ſhould bee but one Iuſtice in a ſhire, as now there is but one Chancellor or Archdeacon? How much more ſuteable were it, if every Deanery and diviſion had their aſſembly and reverent learned Paſtors, for the adminiſtration of diſcipline, then one ignorant Civilian, or ſome other ordinary ſubſtituted perſon? VVee appeale now to all religious politike ſtateſmen, whether this form of Eccleſiaſticall government were not much more fitting to the Commonwealth, then that which now is uſed: VVherefore the Confuters are too blame to charge the Petitioners, and their requeſts, as not ſuteable to the ſtate: VVe ſay with Ambroſe: Didicimus omnes fidem proprio regi ſervare, nec uſurpare regnum ſed vereri: Wee haue learned to bee faitbfull to the Prince, not to uſurpe any kingdom, but to reverence the king, &c.

6. They further vntruely charge the Petitioners, Vutruth. No ſuch thing will enſue. That povertie and lack of learning would creepe into the Clergie if their deſire take place. Anſw. p. 29.

VVhereunto we anſwer. 1. what though there be not ſufficient maintenance left in ſome reformed Churches: VVee pittie their eſtate, and as much condemne the embeazelers of Church revenues, as theſe cenſurers: And it is an vncharitable ſpeach, that wee would haue our Churches reduced and made conformable to the calamitie of thoſe places: Neither is the povertie of thoſe Churches the fruit of their reformation, but of ſome mens couetouſnes, that are ready to Vntruth. We would not haue our Church ſo reduced. take any occaſion to enrich themſelues: neither do the Petitioners urge the alteration of the eccleſiaſticall ſtate, according to their platforme: the Petitioners ſtand for the maintenance of a learned Miniſterie, as it may appeare by their motion of impropriations; and wee ſay with Origen: Niſi dederit oleum populus, extinguetur lucerna in templo. Hom. 13. in levit.

2. That there are not many men brought up among them (they meane in Scotland and other reformed Churches) worthy of that honorable maintenance: is not far from a defamation of ſo worthy a Church, neither had that land ever more learned men both preachers and writers, then are at this time: The Kings own Teſtimony ſhall cleare this point: There is preſently a ſufficient number of good men of the miniſtry of this kingdom; How may his Maieſty take it, to haue ſuch an evill report brought up of his countrey.

3. Of like truth it is, that the petitioners Vntruth. here called at their pleaſures (evill, malicious, ungrateful men) can ſee nothing in the Church but defects, deformities: VVee neither condemne that which is good for the evill, nor yet iuſtifiy the evill, as they do, together with the good: that were to uſe too little a meaſure, and this too large, as one ſaith: Menſura maior eſt, quando plus donatur rebus, quam merita depoſcunt; minor, cum ſubtrahitur meritis Apol. pamph. quod debetur.

4. VVe wiſh alſo, that all which profeſſe the truth were in our condition, but with S. Pauls exception: Excepting theſe bonds; our Act. 26. 29. ſtate were moſt happy, if this ſervitude under humane conſtitutions were removed.

5. And we wiſh with all our hearts it were as they ſay, That our Reverend Prelates did contayne themſelues within ſuch bounds, as preſerue that ſtate from creeping to any papall corruptions: But how can this be truly ſayd, when as the diſcipline of the Eccleſiaſticall courts is altogether the ſame, ſetting the ſupremacy aſide, which was exerciſed under the pope. The corruption is not reformed, being by an other authority maintayned: the Canon ſaith: Cum quid una via prohibetur alieni, ad id alia non debet admitti; That which is forbidden one way, ought not to be admitted an other. The corruptions of the Eccleſiaſticall ſtate, as by the papall ſupremacy, are not now practiſed, ſo by his Maieſties princely authority we truſt ſhall bee purged: to whom the honour of this worke muſt be left, not to the Biſhops themſelues, to chaine them with ſuch bonds 〈 in non-Latin alphabet 〉 . p. 44 as may preſerue that ſtate from creeping to corruption.

6. That there is yet remaining to Colledges, Cathedrall Churches, Biſhops, ſuch ſufficent and honorable maintenance, the Anſ. to. the Pet. p. 31. Petitioners, which are vniuſtly traduced, as impugners of the ſtate, doe therein reioyce and wiſh together with the continuance good employment of them: Such as do prey vpon the Church tithes and inheritance, and they, which aſſent vnto them, we hould guiltie of great impietie: Ambroſe well ſaith in Orat. in A • xent. an other caſe: Naboth vineam non tradidit ſuam, nos trademus Eccleſiam Chriſti: ſi ille patrum haereditatem non tradidit, ego tradam haereditatem Chriſti. i. If Naboth would not forgo the inheritance of his fathers, much leſſe ſhould any betray the inheritance of the Church.

7. If it be admited, that there were more Anſ. to Pet. p. 31. learned men in this kingdome, then among all the Miniſters of the religion in all Europe beſide: that doth not proue, that there are no dumb & unlearned Miniſters in the Church. 1. And where will our brethren find ſo many learned men, if they exclude all thoſe preachers which deſire reformation, whom at other times they will hardly afford the name of learning. 2. And it need not to be marvailed at, if England may compare in number of learned Paſtors, with moſt reformed countries (though the compariſon bee too large to ſet it alone againſt all Europe) ſeeing in this one land there are more pariſh Churches, which are occaſions of learned Miniſters, then in all the Proteſtant reformed nations. 4. But conſidering the whole number of Pariſhes (which riſeth to not ſo few, asten thouſand) as we may compare for learned Miniſtets, ſo we feare wee exceed them for unlearned. Scotland hath not the third part of that number, nor the tenth of our maintenance; but there are few Churches which haue not a preaching Miniſter: therein we wiſh we could compare with them. 5. As this Church of England aboundeth with many learned men; ſo it would abound much more, for every learned miniſter wee ſhould haue two if that courſe might be taken which the humble Petitioners deſire: but now as wee haue many bright ſhining lamps, ſo there are more dim twinkling ſtars. The third part of the land is darkened with unpreaching miniſters, that we may ſay with Origen, Alij ſunt, quorum pars aliqua obſervatur, ut in Revelatione percuſſa eſt tertia pars lunae: alij qui penitus cadunt, ut ſtellae à draconis cauda Tractat. 30. •• Mat. tractae. Though the dragons taile of Rome (thankes bee to God) hath not ſmitten our ſtarres to the ground, yet a third part of our morne is obſcured.

8. And true it is, that as our brethren ſay, our inferiour Clergie (even the thouſand preachers Petitioners, with their fellow labourers, ſo diſpiſed, & not the dumb idle miniſters and Non-reſidents) haue been the moſt effectual meanes to ſettle the tranquilitie of the land, by inducing mens mindes unto piety towards God, loyalty to their King: and to uſe their own words, as the Apoſtle gaue his detractors to underſtand, that he was not inferiour to the chiefe Apoſtles; nay, that he laboured more then they all. In like caſe we doubt not, but a truth may be be averred of our ſelues even by our ſelues, without any oſtentation at all, when it is ſo iniuriouſly impeached, and troden under feet, to the high diſhonour of God, the diſgrace of his Goſpell, and to the ſlander of this moſt Chriſtian Commonwealth.

Thus haue we anſwered our brethren for this matter with their owne words, but much more truely without any oſtentation of vanity, but in the plaine declaration of verity: and we ſay with Ambroſe: Non eſt Ambr. ſer. 15 in Pſal. 129. hoc ulla virtutum iactantia, ſed vita innocentis aſſertio, aliud eſt dignum ſe praemia dicere, aliud indignum iniuria. It is not to boaſt of our vertues, but to avow our innocency: and one thing it is to ſay, that wee are worthy of reward, and another, that we are unworthy of iniury.

And thus for this time haue we ended our iuſt plea, and reply for the truth, leaving the iudgement thereof to your Chriſtian Maieſty: wherein to our knovvledge we haue maintained nothing which is not conſonant to the Scriptures, and agreeable to the ancient practiſe of the primitiue Church. In handling wherof, we humbly craue pardon if we haue been too tedious. Our intendment was not ſo much to confute the gain-ſayers, as to confirme the truth: and we herein follow Cyprians counſell; Semel laboravimus, ne alij Ad Fortunat. ſemper laborarent. We haue taken this paines at once, to eaſe other of continuall paines: That where they doubt they may bee reſolued, where they are wavering, they might bee ſetled, and wherein they haue not yet travelled, they may be further informed.

Now to your excellent Maieſty we hartily wiſh the compaſſion of David, the wiſedom of Salomon, the faithfulneſſe and zeale of Moſes, both tenderly to pitty, wiſely to diſcerne, and uprightly to determine theſe cauſes and controverſies of the Church (according to theſe excellent graces of Clemencie, Prudencie, and Piety, wherewith God hath enlarged your Princely heart) to the honour of Chriſt, the comfort of his Church, your Maieſties immortal renown in earth, & everlaſting reward in Heaven.

FINIS.