1. Section. Pag. 3, & 4.

AN auncient Father saith, that the friends of Iob did handle an euill cause well and cunninglie, but Iob hauing a good cause, did handle it but slenderly. In like ma­ner it fareth with this authour in this section, and some other parts of this first article: so that except I saw where matter wanteth, that he furnisheth out his talke with bitter and [Page 4] earnest words, a man would iudge that he dooth but Prae­uaricari, as the ciuill law calleth it: when a man séeming seriouslie to deale against a cause, omitteth purposelie, what to best purpose might be said, and plaieth bootie, to betraie the goodnesse of the cause. For where he should prooue, that the canons doo require such learning in him that is to be made a minister, as hée painteth out in di­uers parts of this treatise: in stead hereof, he chooseth to set in the first ranke out of the Decretall De electione, the chapter Nihilest, in déed to no purpose. For the said chapter (as he himselfe well perceiued) and therefore by preoccupation sought to answer (Sed quàm foeliciter?) per­teineth A law wre­sted. onlie to dignities electiue, whose elections to the said dignities, are to be confirmed by their superiors, whe­ther by Bishops, Abbats, Prouincials of their order, or other whosoeuer. Now such so to be elected, are for the most part before their elections, in some clericall orders, Gl. in c. offi­cij tui ver. in­contin. Ext. de electione, & electi po­testate. or else there were no colour at all, according to later ca­nons, for the superior to confirme them, the election of their person being otherwise to all intents méerelie void. But he saith, that What election and confirmation is to superior functions; that is, presentation and institution for enioieng of inferior benefices. Wherein he disputeth not Ad idem: for he knoweth that one, who is a minister alreadie, and of competent gifts to answer in Latine to the articles of religion, agréed vpon, &c: can not in this Realme vpon presentation be hindered from institution by the Bishop, but he may recouer the benefice by Quare impedit at the common law; and therefore this canon can not be in force, or be extended to punish the Bishop, for instituting such a one, whom he cannot by the lawes of the land refuse. But peraduenture (he will saie) by pre­sentation & institution he ment the first ordering of him to the ministerie, which is meere voluntarie in the Bi­shop. A contrari­etie to him­selfe. Yet héerein, as he speaketh improperlie, so dooth it impugne the rest of this mans platforme: for hée would [Page 5] not haue any absolute orders giuen, but when some place is void, and that with election of the people. And if to bring a Bishop within danger of the penaltie of this ca­non, he will haue him to haue something to doo in this ac­tion of calling to the ministerie, which shall be arbitrarie for him to doo, or not to doo; as to laie his hands on the elected: then are he and his clients at another mischéefe by leauing it still in the Bishops power to reiect their new elect. He inforceth also, that howsoeuer the words may lead a man, to thinke this canon to be ment for su­perior and electiue prelacies onelie; yet the reason of the decrée fighting also as stronglie for ministers, ought to make the law to be accounted alike in both. Which be­ing grounded vpon this rule, Vbi eadem ratio idem ius, I must put him in minde that the said rule L. solem [...]61. in fine ff. de iudicijs. l. illi­citas. 6. § qui vniuersas ff. de officio prae­sidis. holdeth not, where the lawe it selfe, notwithstanding some generall reason thereof be alike, dooth otherwise in another place dispose L. 1. a ff. de reg. iuris. Quia non exregula ius, sed ex iure regula sumitur. And so it dooth in this matter, as may appéere in the same chapter Nihil est, where a little after the words by him al­ledged not this punishment of suspension and bereauing of power to confirme the next successors election, is in­flicted for that Bishop which shall prefer to holy orders or ecclesiasticall benefie [...]s, such as cannot woorthilie fulfill the office to them committed, but the penaltie in that case by canons prouided. Which words though the author thought good not to alledge; bicause they make no men­tion of any insufficiencie of knowledge, and would be racked to no further office than to an abilitie of saieng masse, wherein the chéefe and as it were the onlie myste­rie of popish priestcraft consisted: yet in the Maior of his second syllogisme, where in a generalitie Of worthy exe­cuting his office, they seemed to speake more aptlie to his purpose, he was content to vse them, though they doo in­deed quite ouerthrow his answer of the identitie of rea­son, in both the cases. For how can it be intended, that [Page 6] one and the selfe-same thing is by those words ment and disposed of, where the law-giuer (as in this place) proui­ded a diuersitie of punishment in the cases of confirming a mans election: for knowledge insufficient &c, from the penaltie of such a Bishop, which should order a man, that could not execute woorthilie the office committed to him? For the penaltie inflicted else-where by the canons vpon the Bishop, which shall prefer men vtterlie vnwoorthie, to holie orders, ecclesiasticall preferments, or benefices (of which the Gl. ibid. in verbo suspen­ditur. glosse sheweth this decretall to be ment in that behalfe, where it saieth; If they will escape the penaltie of the canons) is to be C. cum in cunctis Ext. de electione, &c. graue Ext. de pre­bendis. suspended from giuing of orders, or collating of benefices. And to make it more cleare, that so much of this d [...]cretall, as our author alledgeth, is onlie to be vnderstood of superior prelacies and dignities, and not to inferior benefices, the glosse obiecteth and resolueth thus; This seemeth contrarie (saith the glosse) to C. graue infra de praebendis, bicause there, he that pre­ferreth vnwoorthie men, is not punished till he haue been twise or thrise rebuked & admonished of it, but heere he is presentlie punished without anie admonition: also heere, those that are promoted, are remooued, but there they are not: it is to be answered, that heere he speaketh of those that are promoted to dignities and gouernment of soules, and for that they doo more deepelie offend, they are more greeuouslie punished, euen without any admo­nition: but in the other place he speaketh of meane bene­fices, in which such great ripenes is not required. Which to be no greater or exacter a matter than to be able to say masse, dooth appéere by that which Panorm. in c. vlt. de etat. & qualit. in fine. A fallacie [...]. Panormitane allegeth out of Bartol. Neither can the generall acception in law of this word (Praelatus) sometimes applied to an inferior minister, helpe this pittifull proofe of his. It is a Fallax to gather, bicause it sometimes so signifieth, that there­fore in this place it should so be taken: yet there is no such place as he quoteth héere out of C. sua. de clerico aegrotante. [Page 7] But if we should gratifie him so much, as to suffer this canon to go for good paiment in this behalfe: yet if it be A law for­ged. said, that most of the ministers of this church, at whom he shooteth this bolt, are not of that insufficiencie of know­ledge, or vnaptnesse to execute their office, that is héere ment to be condemned: he were still new to begin again, to prooue that this canon requireth also such a sufficiencie in all ministers, whereby they should be perfectlie well able to preach the word. For euerie one that hath not a speciall gift to preach, is not straightwaie to be accoun­ted (according to this canon) a man insufficient for know­ledge, or not able to execute his office woorthilie. In the former syllogisme of this section, if by the word Hurtfull he vnderstand not onelie that, which Per se is hurtfull, but that also which is so Per accidens, and vpon some occasion may endamage the church of God: then his Maior is to be denied as vntrue. For so, euen excellent and singular learning happening into such one as Arrius was, may do great harme in the church. And likewise in both the as­sumpts of his syllogismes he notably plaieth vpon the pe­tition A fallacie A petitione principij. of the principle, taking that as granted, which is vtterlie to be denied.

2. Section. Pag. 4, 5.

ALl that is said in this section, being in effect nothing else but that ministers, being called physicians of soules, ought to be able to applie a spirituall medicine; as it prooueth not pregnantly the scope of the issue, to wit; that euery minister ought of necessitie to be of such abilitie to preach, as this treatise requireth: so dooth it not limit that the said physician of the soule, which in sicknesse is to be sent for, must néedes be the pastor of that parish, more than that the physician for the bodie (of whome also it speaketh) must be of the [Page 8] said place necessarilie. And trulie, I must néeds confesse that he is a verie simple and ignorant minister, of what parish soeuer, that is not able (howsoeuer he be to preach) yet to applie some spirituall medicine to the soule of a sicke man for his consolation: although in truth by the spirituall medicines is not here ment any inward com­fort A canon racked. by faith in Christ, in those daies least respected, but the shriuing to a priest, the housling, and anéeling of the partie diseased.

3. Section. Pag. 5, 6, 7, & 8.

VNder my former protestation, and the benefit thereof alwaies to me being reserued, that I fauour not, nor séeke not to establish igno­rance in the ministerie: I doo saie that this which the author here brin­geth out of the Chapter, Cùm sit ars Ext. de aetate, qualit. &c. for to prooue that ministers ought to be lerned, vpon colour of those words, For if they shall hencefoorth presume to ordeine such as are vnskilfull and ignorant, dooth not any waie directlie relieue him. For that decretall speketh of such as Being to be promoted to A canon wrested by the author. be priests, are by the Bishops themselues, or other fit men, to be instructed, &c: not of or touching diuine offices & ecclesiasticall sacraments, but how & in what maner they may aright celebrate them, that is to saie, how to turne their pie, portesse, and missall, & to vse gailie the infinite ceremonies of the masse, hard to be learned without a schoolmaister, which Viua voce might open the same vnto them. For else we must néeds herevpon affirme, if anie such instruction should be required at the Bishop hands, or such as he should appoint, as the authour here woulde inforce: that the Bishop must read or procure to be read to such as he would afterwards ordeine to be ministers, a continuall set lecture of all good learning, but speciallie [Page 9] of diuinitie. Also it is spoken of such as are to be ordei­ned priests, which hauing gone thorough all the lesser or­ders, and Subdeaconship and Deaconship, are not to be intended then, newlie to be instructed by the Bishop in so short a time, euen a little before their priesting in all the doctrine of diuine offices and ecclesiasticall sacra­ments, which thing also the word Diuina officia for the most part in these latter canons vsed for nothing but the masse, with the appurtenances, dooth sufficientlie make manifest vnto vs; neither can those generall words of Vnskilfull and ignorant be drawne further than to such things, wherein the disposition and bodie of that law is before bestowed. Yet will I not denie, but that hence we may profitablie gather, how behoouefull it is for vs to haue as great a care to the sufficiencie of such as are to be called to be the ministers of the gospell, as they had for the instructing of their idolatrous priests, in their apish gesticulations at the masse. And to no other end serueth that which is brought out of the Cap. tales, 23. Dist. in the discourse vpon the said section. But of all other, Imperti­nent alle­gations. that his common place of the basenes of manie meane things in respect of a few verie good, pulled out of the [Code and Nouelles,] but borrowed of the glosse vpon this Decretall; I maruell that he would bring it for the inlarging of this particularitie which he hath here in hand. The other allegation out of the 15. Dist. and Constit. Otho. quam advenerabiles, toucheth wholie the conuersation and not the learning and knowledge of the minister, and therefore is besides his purpose. Yet neuerthelesse there is no such canon to be found as he quoteth: and the con­stitution legatiue of Otho. quid advenerabiles, speaketh on­lie False and wrested al­legations. of Archbishops & Bishops, and not of inferiour mini­sters, wherevpon our author entreateth: and therefore it is to be taken as a witnesse suborned, and by him taught to giue euidence in a matter wherein he hath nothing in déed to depose. Wherevpon, bicause (all this notwithstan­ding) [Page 10] he taketh occasion to enter into a verie bitter, and (I trust) a slaunderous accusation against the most of our ministerie, for euill example, by their vngodlinesse, dishonestie, and dissolutenes of behauiour, no otherwise but in a generalitie, and therefore not possible to be an­swered but by deniall; I must wholie remit the same to him, who best knoweth, whether herein he be an vniust ac­cuser of the most of his brethren, and of this church wher­in he liueth. And I would to God that all they, whom thus he inueigheth against, were as cleare from those faults, as I am assured some others, who are so readie to spie a mote in other mens eies, and pretend greater zeale and sinceritie than ordinarie, are farre off from true god­linesse, mortification and charitie.

4. Section. Pag. 8, 9.

Pag. 11 AS these three allegations out of the Authentikes, Digests, and glosse of the Constit. of Otho. not so much as once naming the words of learning, knowledge, or anie such like, being brought in but to make a number, without anie derogati­on to the authors great reading, might well haue béene spared: so the other fiue allegations of this section ten­ding hitherto, that knowledge ought to be in ministers, that they are maisters, and ought to teach others; bicause they speake not to the point of the issue, may well be put from the barre. For his purpose is to prooue, that none deserueth to be called a minister or pastor, which is not able to gouerne, to exhort, to admonish, to rebuke and comfort his flocke: yea, and that (as it seemeth by him else-where) after a perfect and exquisite sort. Now, séeing knowledge and abilitie to teach, is in diuerse measures and degrées, & may be verified (as Logicians speake) Se­cundum magis & minus; it may well be, that a minister is [Page 11] in some measure learned, hath knowledge, and is able to teach, and to deale in these duties, which yet hath not aspi­red to the heigh of perfection, required as an Idaea, rather to be propounded to be followed, than of anie one of his owne Rabbines, or anie other hitherto attained vnto. But to put the matter out of doubt, that no such know­ledge to preach, as our author would inforce, is here re­quired; the glosse vpon his first allegation in this section, referring vs to the C. quae ipsis, Dist. 38. dooth plainelie shew, that it is but the skill in the missall, the antiphona­rie, the booke of the forme of baptizing, the kalendar, the rules for penance, and such like, which is required to make him a skilfull priest, and a séer or guide. And there­fore in the Chapter Sedulò in the same distinction, it is pro­uided, that scholars, and those who are learned, are not to mocke at the prelates and ministers of the church, when they heare them vse Barbarismes and Soloecismes in their prai­ers, and to pronounce confusedlie words which they doo not vnderstand: where the prelats also and ministers are in that respect excused. Wherevpon the Gl. ibidem in verbo in­telligere. glosse gathe­reth, that a man for his ignorance is not to be deposed: yet I cannot but signifie that his second, fourth, and sixt allegations are left without quotations, his third is not alledged as it lieth in the text, and his last being spoken Corrupt dealing in allegations. onelie of a Bishops election, is by him racked out, to serue for euerie ministers ordination.

5. Section. Pag. 10, 11.

THis decretall Ne pro defectu, brought in besides the principall matter, as a corollarie deduced thereof, though the reason and pre­amble of it, which is, Least the wolfe destroie the flock, doo retch vnto all flockes: yet in the bodie of it no mention is made of inferiour churches within any time [Page 12] after auoidance to be furnished, but of cathedrall and regular churches to be within thrée moneths supplied a­gaine, and therefore will not serue his turne (as he desi­reth) to laie anie blame vpon Bishops, nor vpon anie other in this realme; except in the pride of his heart he ment to teach some, (whom in all humilitie and submissi­on he ought rather to reuerence & obeie) what speed is to be vsed in furnishing cathedrall churches being void. The Decretall Quoniam Ext. de iure patronatus, C. cum propter. d. C. cum de­c [...]t. d. which authoriseth the Bishop to collate, if the controuersie of patronage be not within foure moneths (where the patrone is a laie man) after the voidance determined, dooth giue an eui­dent example of that which I said in the beginning, that canons neither repugnant to the lawes, nor hurtfull to the prerogatiue royall, yet being disused before the ma­king of the Act 25. H. 8. Cap. 19. and therefore repug­nant to the customes of this realme, are not by the said Act established to remaine in force. For else, whie should both patrones of the Clergie and of the Laitie of this realme, contrarie to this canon, haue sixe moneths to present in, before lapse can accrew? All these words, Able to go in and out before the people, to guide them, to teach and to instruct them, are the words of the au­thor, and not of the Decretall, cunninglie by him wouen with the other by waie of paraphrase: which I doo there­fore obserue, least the reader should doo the author that wrong, as either to thinke the places he bringeth to be thus pregnant for his purpose, or that the canon law had that elegant he braisme of Going in and out before the people.

And here, vpon occasion of this déepe point of law de­ciphered, that Benefices are not to be left destitute aboue sixe moneths, the author leapeth into a fierce Philippike against Bishops, for Suffering manie thousand flocks to want sheepheards by the space of almost xxvj. yeares, snatching vp by the waie, that they who were Bishops in [Page 13] the time of darkenesse, did more carefullie prouide for such as they imagined to be Séers, than at this time is doone by our Bishops. What sufficiencie was in priests, in time of darkenesse and poperie, the thing it selfe spea­keth, and the world can iudge. But this man (as it sée­meth) careth not whome he ouerloades with commenda­tions, so he may debase those whome he would wreake his téene of. And to this end is that his speach, where ha­uing said that The pretended gouernement and autho­ritie exercised ouer the Lords people in the time of darke­nesse, was by vsurpation, he dooth afterward insinuate, that There are some now which challenge the same au­thoritie; A slande­rous impli­cation of the author. whereas it is well and notoriouslie knowne, no authoritie, either ecclesiasticall or ciuill, to be exercised in this realme, vnder anie but God & hir Maiestie, & accor­ding to hir Highnesse lawes: which if this man account Vsurpation, he must withall account all that which either he, or any in this realme enioieth by the lawes thereof, to be in like maner vsurped; and all good men must ac­count him in so saieng, no well aduised nor dutifull sub­iect. But bicause he saw that his gréeuous complaints against Bishops, For suffering so manie thousand flocks, xxvj. yeares almost to want sheepheards, would séeme vntrue euen to children; séeing that Bishops and Archbi­shops doo seldome suffer anie benefices, which they know deuolued to their collation by lapse of time, to remaine void; and in case anie doo escape them, yet after the space of a yeare be runne, or sooner, (where the Sées be void) they are deuolued to hir Maiesties gift, whence they doo not reuert, till they be once by hir Highnesse bestowed. Therefore to salue vp this sore, or rather to couer it with a few figge leaues, Suaue nobis excogitauit commentum. For­sooth he saith, that The flocks doo so long want a sheep­heard, as they want one able to gouerne them, to exhort and admonish them, to rebuke and to comfort them. But how dooth it lie in the Bishops to haue all ministers [Page 14] cast in this mould? Peraduenture he will saie, they should not haue instituted anie but such. Yet he is not ignorant, how great so euer the endeuour of the Bishop be to this effect, to hinder such a clerke presented as can­not hold this touch, nor beare this finenesse of 24. caracts or [...]; yet if he can hold weight in the beames of law, he and other patrones will (maugre the Bishop) haue him placed vpon a writ at the common law. If he replie that the Bishop should not then haue made him minister; I reioine, that peraduenture he was not of his making: it may be also he was fit for the cure he was first appointed vnto, though not so fit for some other popu­lous congregation, or troublesome people: and lastlie, that if none should be assumed to the ministerie, but with those especiall endowments: surelie all the learned of all professions in England, if they were in the ministerie, would scarse be able thus to supplie one tenth part of the parishes. So that we are come by this meanes to the se­cond issue by me tendered In pag. 3. at the beginning of this dis­course: Whether it be expedient, that parishes should who­lie be destitute of publike assemblies for praiers and ad­ministration of sacraments, rather than to haue a mini­ster not correspondent to this patterne?

But that which he bringeth for the proofe of his para­dox His allega­tion retorted against him­selfe. out of the law which he quoteth, maketh directlie a­gainst himselfe: for as he in law, for safegard of his bond, may truelie be said to haue built a house, which hath brought it to that passe that it may be inhabited, though he haue not perfected it: so well inough may he be a mini­ster, that in some reasonable measure is endowed with gifts for that calling, though he be not of the perfectest sort. As for the other two rules of law, which he bringeth, without quotations as maisterlesse hounds; I doo mar­uell he will deale so ridiculouslie, and plaie so childishlie with these generalities, for proofe of this cause so serious­lie by him auouched. It might be answered, and truelie, [Page 15] that it is Fallax à petitione principij, to take as granted, that a minister made, though farre vnder that sublimitie of perfection which he fansieth, [is not rightlie and dulie] called. But in truth that rule which saith, It is all alike, that a thing be not done at all, or not to be done as it ought, is especiallie to be vnderstood where a man is exactlie tied to performe some thing in this or that sort, wherein the bond in rigor of law is not satisfied, except the precise forme and maner of the couenant be obserued. But as the physicians doo teach vs, that a man may be trulie said to be in health, though he haue not that most exact tempe­rature of qualities, in which nothing is superfluous nor wanting, bicause he is In latitudine sanitatis: euen so, bi­cause the sufficiencie required in a minister, consisteth not in a point of perfection, where no degrée of more or lesse is admitted, but hath his latitude (if I may so terme it) a man may well inough [...] deserue the name of a sufficient minister, which dooth not attaine to the highest degrée of comparison. So there is a rule, that it is in ef­fect all one, not to be, and not to appeare to be. Which though in a iudge, who must followe Allegata & probata, it haue his place; yet to other intents it cannot be said that a thing is not at all, bicause it appeareth not. As to the other rule which he bringeth, that [he is not said to paie which paieth lesse than he ought] euerie child know­eth, that though it be no full satisfaction; yet if the creditor doo demand the whole summe, hauing receiued part, Dabi­tur aduersus eum exceptio de dolo. And here in England, if the obligor accept of part of his monie, it is a barre a­gainst him that he cannot sue the forfeiture. And there­fore, as it may trulie be said, that a man paieth monie, though he paie not all that he ought; so may one well inough be said to be a minister, though he be not so exqui­sitelie qualified as might be deuised.

6. Section. Pag. 11, 12.

THis §. Pro defectu scientiae, quo­ted False quo­tation with corruption. in the margent Ext. de Praebendis C. venerabilis, and brought by the author to prooue that He which hath vnworthilie taken vpon him the gouernement of anie church, may foorth with forgo and renounce the same: if it had béene honestlie handled, and had made so fullie to his purpose, as he would séeme, he would not haue set vs a worke thus vpon a paire of tarriers to séeke it where it was not; or else he would haue noted it a­mongst other as a fault escaped in printing. But the sai­eng, though fondlie depraued by him, is found C. nisi cùm pridem Ext. de renuntiatione; and no tidings are of it in the place whither he sendeth vs. The text it selfe hath For the most part a man may desire to giue place for want of knowledge, which in his allegation is altogither omit­ted, as though it were generall. The text hath Praesul salu­briter ei renuntiat, The Bishop or prelat dooth not amisse to renounce the church to him committed, which he must gouerne in both, that is in spirituall and temporall things. The Abstractor in stéed hereof hath: Let it be law­full for him that hath charge to gouerne the church in these things to renounce, &c. omitting wholie the word Praesul, bicause he would haue retched it out to haue ser­ued to euerie inferiour minister: being neuerthelesse sufficientlie bewraied by those words, About the charge of temporall things, in which also as in spirituall things, he which is here spoken of, is to gouerne the church; wher­as in inferiour benefices there are no temporalties to be gouerned in right of such churches. But the insufficien­cie of knowledge which here is vnderstood, and the au­thors plaine dealing herein, is set out sufficientlie in the verie next word following: Neuerthelesse, although [Page 17] notable or eminent knowledge is to be wished for in a pa­stor, yet competent knowledge in him is also to be borne with; bicause (according to the apostle) Knowledge puf­feth vp, but charitie dooth edifie: and therefore the per­fection of charitie may supplie that which is vnperfect in knowledge. C. post tran­slationem d. Whereby appeareth, that euerie insufficien­cie of knowledge, yea in a Bishop, much lesse in a minister, is no sufficient ground for him to desire to giue place and to resigne: but such ignorance and want of discretion, as maketh him vtterlie vnfit to wéeld the spirituall and tem­porall matters of his church. And where the text saieth, He may desire to giue place, it ouerthroweth the purpose for which it is by the Abstractor alledged; as though a man might of himselfe foorthwith forgo and renounce his charge, whereas C. d. in fine. C. dilecti. d. C. quidam tendendi d. C. admonet. d. C. literas. d. C. cùm vene­rabilis Ext. de consuetudine. indéed he is to desire it at his superiours hands; or else he cannot resigne nor be deuested of his function. And therefore the Maior of his second syllogisme of this section, pag. 12. is not simplie true, as by these laws here quoted more fullie may appeare.

7. Section. Pag. 12, 13, 14.

IT is not denied but that the de­bilities and infirmities of age may be such, as it should be requisite the superiour to giue such a one vpon his request leaue (looking sufficientlie in­to the cause) to giue place vnto ano­ther more able to execute that functi­on: and in case he doo not desire the relinquishment of it, then Ext. de cle­rico aegrotan­te, per totum c. quia frater. 7. 9. 1. the law in such cases prouideth, that a coadiutor with some competent portion out of the liuing be assigned vnto him, and not that he should violentlie be thrust out from a right Reg. sine cul­pa. de regulis iuris Ponti­ficij. once growne vnto him, without his owne fault, contrarie to all reason, example, and humanitie. It were too lamentable that men, which either as magistrates or councellors in the common-wealth, or as faithfull stew­ards [Page 18] in the Lords house, haue by due desert atteined dig­nities and offices during their life, by reason of Gods visi­tation by sicknesse, or for his blessing of manie yeares and old age, which of it selfe (as physicians saie) is Quidam mor­bus, should as old hounds be vtterlie shaken off to the wide world.

And where the Bishop mentioned in this canon did de­sire of the pope, in regard of his age and infirmitie, that by his aduise he might place another in his stéed: our au­thor plainelie falsifieng the text, translateth Cum nostro con­sulto, Falsification of the law. Without aduise; to the intent he might iustifie, that without licence of his superior, a Bishop or minister may renounce their function. Yet euerie debilitie of bodie ari­sing of infirmitie, or of old age, is not a sufficient cause whie a man either should desire or haue libertie granted to re­signe. And C. nisi cum pridem §. alia verò causa Ext. de re­nunc. therefore the decretall epistle to the Bishop of Arles saith: There is another cause, for the which a man may desire to be released from the burthen of a Bishops charge, which is weakenes of bodie, arising either of sick­nesse or of old age: and yet euerie debilitie is not such, but that onelie, whereby a man is made vnable to execute his pastorall dutie: for if, vpon euerie weakenes of bodie, the office of seruice once taken in hand might be forsaken, in vaine had the apostle confessed, that he did euen glorie in some his infirmities. Seeing that the weakenes of age ought sometime no more to wey with a man, to make him resigne, than that ripenes of behauiour (which often accompanieth old men) ought to persuade with him, to continue in his owne function. For of such (saith the apo­stle) When I am in weakenes, then am I stronger: for sometimes the weakenes of the bodie dooth increase the valoure of the mind. But now againe, he leaueth the mat­ter of resignation: and for proofe of his principall issue he bringeth two allegations; one out of the common Extra­uagants, and the other out of the Clementines: which doo séeme to me to be brought in but to make a number, and [Page 19] culled out without choise, there being much more preg­nant places to that purpose, which in his cursorie and desul­torie perusall of these bookes did escape his hands. For these doo onelie require, that vnfit persons in knowledge, maners, or age, be not preferred to ecclesiasticall liuings: whereof I would gladlie learne how it could follow, that therefore whosoeuer is not able to preach, and is not en­dowed with all those gifts which are in this discourse requi­red, is for want of knowledge vnfit: which is his generall scope where at he leuelleth. Which knowledge and skill to be able to profit the churches where they serue, that it is no such exact cunning as he dooth beare vs in hand, hath part­lie appeared afore, and better shall appeare afterward. And trulie his choise was verie slender, when he chose the pre­amble of that canon, wherein the pope pretendeth, bicause he would be sure to haue such chosen, as should both go­uerne and profit the church; that therefore he taketh the prouision and bestowing of all ecclesiasticall liuings into his owne hands, which should happen to fall void in the court of Rome, or within two daies iorneie of the same. The Constitution of Otho. alledged, telleth what kind of maister is indéed required; yet without mention of anie preaching, nor yet in that strict maner, but that occasions may happen, that a man more meanelie qualified, may be tolerated in the ministerie. In which respect, the Gl. in con­stit. Otho. Sacer ordo. verbo: illi­teratos. glosse saith; If the preests should be poore, either by their paren­tage, or through the barrennes or wasting of the countrie, so that they could not applie their studie, but should be driuen otherwise to get their liuing by handie labour, it is to be thought, that then they ought with fauour to be tole­rated; yet so, that they be something more skilfull than lay men, especiallie about the sacrament of the altar, where­about they are dailie occupied. Which is the verie case of this our church in manie places; the more is the pitie. His next allegation out of the same place, he hath both mang­led Falsificatiō. and falsified. For where the Constitution inueiheth [Page 20] against those that haue the liuing and roome of priests be­ing not in orders, but more like souldiers than priests, As hauing no care of holie life or learning; this he maketh generall vnto manie besides. And where the text hath Sim­plex sacerdos, that is, saith the Gl. ibidem verbo sim­plex sacerdos. glosse, not intituled to the church, but a stipendarie curate: he adding to the text, translateth it, A sillie ignorant priest.

8. Section. Pag. 14, 15.

THis Constitution of Otho. a­mongst other things forbidding vn­learned men to be ordered ministers, dooth not prooue euerie one to be vn­learned that is not fit to preach and expound scriptures, which is a point of more competent skill than an abi­litie (as occasion is offered) to exhort to good life, to dehort from vice, or to comfort in aduersitie; though the same cannot to anie purpose be done without some skill and practise in the scriptures. And therfore the author hauing so slenderlie prooued that which is his intention, had the lesse cause herevpon thus to set vp his fethers, and vntrulie and gibinglie to saie, that the canons published 1571. and the aduertisements doo yéeld testimonie, that the Bishops A slaunde­rous vn­truth. doo proceed first, and inquire afterwards, that they first giue the minister a charge, appointing him to teach, and afterwards send him to the Archdeacons or his Officials court to learne: whereas the said canon (agréed vpon, but not yet (that I can learne) confirmed by authoritie) and the aduertisements alledged, doo onelie charge the Archdea­cons and their Substitutes to take an accompt in their vi­sitations of the meaner sort of the clergie, of certeine chap­ters of the new testament without booke; to the intent it may appeare, both how they profit in scripture, and that thereby they may be the more perfect in the text. Which thing if it should be also performed voluntarilie, as a pri­uate [Page 21] exercise, by the best and most learned ministers that we haue; I thinke it might greatlie profit them: and no modest man would interpret it so, that they did but then be­gin to learne the scriptures, as héere is odious [...]e insinua­ted. It is reported of B. Latymer of reuerend memorie, being accused by his persecutors neuer to haue exercised himselfe in scripture, bicause they saw some debilities of old age appeare in him, that he should answer, that the baie trees in Clare hall in Cambridge were able (if they could speake) to witnesse with him, that he conned without booke vnder them, all the epistles of S. Paule.

The words of Barthol. are not as our author hath alled­ged them, but thus; Qualitas adiecta verbo intelligitur secun­dum tempus verbi: and they are brought in by him onelie in waie of obiection against the text, which is contrarie to this Corrupt dealing of the author. rule, as his solution of the said obiection dooth plainelie shew. For he saith; It is a Bartol. in l. si quis posthu­mos §. filium ff. de liberis & posth. sufficient verification of these words [he dieth intestat] though a man haue made a will the daie of his death, if vpon anie occasion afterward falling out (as by the birth of a child vnto him after his buriall) the said will and testament be reuersed. So that we sée it is not generall, that The qualitie adioined to anie verbe, must be construed according to the tense of the same verbe. The law which he quoteth ff. de ferijs, hath no one word giuing anie colour, or sounding anie thing that waie. The other L. 43. de ae­tate ibidem. quoted ff. de minoribus, is by him wholie altered from that which the law it selfe setteth downe: Proofe must be made (saith the law) of the age of him, which alledgeth he is aboue xxv. yeares old, by examination of the cause: bi­cause such proofe will preiudice and worke against the re­uersall of acts of the said yoong man as executed in his no­nage. Which being wholie otherwise alledged by our au­thor, it maketh me (ioining his like practises in other pla­ces of this booke togither) to déeme that he hath not collec­ted his allegations, or examined them himselfe according to the law; but hath taken the collections and rapsodies of [Page 22] some other man by retaile, which maketh him bewraie so often his long eares out of the lions skin: whereof he gi­ueth euen in this section a larger taste, where he alledgeth, ff. si à non competenti, there being no such title in the Digests, but in the Code, and L. maritus ff. de procuratoribus, where no such law is to be found.

But although no man will denie, but qualities requi­site must then be found to be in a person when he is to be emploied, yet this hindereth not, but that in an office which is not tied to one circumstance of time, but hath a conti­nuance, all honest meanes for the better and better furni­shing of him with such qualities in that charge, are and may be from time to time vsed, without any impeach­ment to his credit, as though he had béene at his first en­trance into it, not a sufficient man for that function. But that which is here said concerning the nullitie of that which is done beyond the bounds of a compromisse or commissi­on, is no waie appliable to a trust committed for adiudge­ing the qualities of the mind considerable onelie by his discretion, and therefore cannot prooue if one be made mi­nister by a Bishop, not so fullie qualified, as the law in all points requireth, that thereby the whole actions are void and frustrate. Shall we saie that an Ambassador hauing instruction to imploie a discréet, faithfull, and secret man about some seruice, shall be guiltie [...] if the partie imploied séeming to him thus qualified, shall be after found to faile in all or some of these, and be insuf­ficient? And a Sheriffe being to returne by his writ a iurie De probis & legalibus hominibus, if after the verdict giuen vp, it shall be prooued, that they or some of them were not such at the time of the returne, shall we therefore quash and re­uerse Vide respons. sect. 39. all, and saie there was no returne, no impanell, no triall, no verdict nor iudgement? And yet the Bishop hath no authoritie to ordeine ministers by commission, but by operation of law. And if this which he saith be true, Where by disposition of law, a certeine forme and prescript order [Page 23] is limitted, that there if anie inuersion or preposteration be vsed, all is cleane marred, and therefore the whole acti­ons are void and frustrate: What are we then to iudge of those, who are here in England baptized without the signe of the crosse, those which are married without the ring, and those who are punished for not comming to diuine seruice, there where the forme of our Liturgie by law established, is not exactlie obserued? Which I set downe, neither to im­peach that baptisme or marriage (howsoeuer to the intent of inheriting by the common law a doubt of such maria­ges hath béene made) nor yet to excuse any wilfull recu­sants, whome it is well knowne in any such regard not to absent themselues from praiers, but to set downe the rash generalities and paradoxes, which the Abstractor so confi­dentlie rusheth into, euen with the ouerthrowe of those, in whose fauour this treatise is made. Notwithstanding ma­nie of his clients, though they aduenture to preach, are as void of good learning (as I could in particularitie shew) as the most of these Dumbe, silent, and idoll ministers, which he so déeplie lanceth. Yet neuertheles, that is not general­lie true which he here auoucheth, that an inuersion or prepo­steration vsed dooth make alwaies the act void. For to this effect it is required, that it be committed in some Bald. in L. ambiguitates C. de testa­mentis & Castr. consil. 39. alias. 43. visis Actis. matter of substance, & also that it be the inuersion of some substan­tiall order set downe by man. For if it be the preposterati­on of an order set downe by Bald. in L. 1. C. de appel­lat. 3. nota. law, it is to be appealed from, and therefore produceth not a direct nullitie Ipsoiure.

9. Section. Pag. 15, 16.

THis which the Abstractor here bringeth out of the Code, that merit, not monie in making of a minister is to be regarded, as it is too gene­rall to prooue by the word of merit, such a worthinesse as he inforceth, so being (as appeareth by the whole con­stitution) [Page 24] spoken of a Bishop onelie, and not of euerie mi­nister, as he indefinitelie dooth translate it, though other­wise it may be as trulie said of the one as of the other, it is not so direct for the purpose which it is brought for. The first member of that which he alledgeth out of the Authentikes, but not the second, doo I find either in Haloander his editi­on, or in the Greeke or Latine edition of Contius. And whereas the constitution is [...], vnlesse Constit. 133. they know letters, that is, can read, he hath helped the mat­ter a little by interpreting it Aliquanto pinguiùs, vnlesse they be learned, which neuerthelesse might be granted vnto him, and yet no such learning necessarilie imploied as he séeketh to establish hereby. But the word Clerici clerkes, Wresting of law. and not Presbyteri priests here vsed, whereby not onelie in this constitution, but in all other the nouell constitutions, any, whether he be Ostiarius, Lector, Cantor, Subdiaconus, Diaco­nus, or Diaconissa, is signified, dooth put the matter wholie out of doubt, that neither ministers are here especiallie prouided for, nor such exquisitnes of learning as he would gather, can be any waie intended in them to be hereby exacted. Vnlesse he will also saie, that the 100. deacons, Constitutio. 3. §. & sane. the 40. deaconesses women, the 90. subdeacons, the 110. readers, the 25. singers, and the 100. doorekéepers or sextens, being the limited number of clerkes, and so cal­led by Iustinian for the great church in Constantinople, to haue all béene of that learning, which he maketh to be the onelie touch of his minister. And if I were persuaded, as in this place he is, that by the word Constitutions mentio­ned in the Act 25. H. 8. Cap. 29. the constitutions imperi­all were ment, I could bring manie such, neither repug­nant to our lawes, nor to the hurt of the prerogatiue roy­all, which I beléeue he himselfe will not saie to haue the force of law amongest vs, and therefore must hereby be driuen to yéeld that he made a defectiue Minor in his first fundamentall syllogisme. And thus hitherto, neither the canon, prouinciall, ciuill, nor statute law hath giuen any [Page 25] direct condemnation against such ministers as are not sufficientlie able to preach and expound the scriptures, hauing otherwise competent gifts of learning in some measure. Neither are such of them (though they be no preachers) to be accounted Dumbe and silent, who in their churches doo exhort, dehort, rebuke, comfort, and also in some degrée instruct their parishioners, as their abilitie serueth, and occasion is offered. Which I know they may as profitablie doo, as some, who of as meane gifts, but of more audacitie than they, dare take vpon them to ex­pound and diuide the scripture, by preaching vpon some text, vnto which they in their whole discourse doo come iust as néere as Germans lips are said to come togither. But whie should he vpbraid them with the name of Stipenda­ries, séeing neither they alone, neither all they be such? and it is a part of the new platforme and church modell, to haue all ministers put to a certeine standing pension of monie, which may more aptlie be called a stipend, bicause if they displease the paiemaisters, they shall perhaps be driuen to séeke it Tanquàm stipem ostiatim, and so it shall rightlie beare the name of a stipend.

10. Section. Pag. 16, 17, 18.

BIcause the Abstractor here ma­keth himselfe angrie, and is in a pel­ting chafe with those that dare pre­sume to answer any thing to his for­mer proofes, and that will tell him that the knowledge there spoken of may be verified to be in manie, which yet are not fit to preach, whom he for such answers calleth Peruerse, conceited, selfe-weening men, soothing them­selues, and fostering their dotages and fond affectious er­rours with certeine rules of law, whereof they are ignorant, as he taketh vpon him here to prooue: it shall not be amisse to set downe their answers by him rather pointed at, than [Page 26] truelie produced, as they lie in the law, that they being conferred with his replie, the truth may better appeare. The ciuill law saith, The performance of that which the L. 18. si quid venditor. ff. de aedilitio [...]dic. vers. haec omnia. seller shall speake in commendation of the thing sold, is not rigorouslie to be exacted of him, but to be taken with a reasonable construction. As if he affirme the ser­uant he selleth to be a staied man, we are not thereby to require such a setled g [...]auitie and constancie as is in a phi­losopher. If he affirme him to be painefull and watchfull, we may not herevpon looke for continuall toile both night and daie at his hands: but all these are with an equitie in some measure to be looked after. And againe in the same place, He that in the sale of his seruant shall without fur­ther addition affirme him to be a cooke, be satisfieth the buyer, if he performe him to be measureablie skilfull in that trade: and the like is to be said of all other kind of arts. And in the next law following, This is to be vnderstood, L. 19. scien­dum ff. d. §. illud scien­dum. that if a man promise one to be an artificer, he is not here­by strait bound to performe that he is exquisitelie, but in some good measure skilfull: so that you are neither here­vpon to take him to be an absolute workeman, nor yet altogither vnskilfull; and therefore it sufficeth he be such an one as those be, who commonlie are called artificers. Where by the waie may be noted that acception of these words, knowledge, cunning, and learning, which before Scientia. Peritus. Non indoc­tus. in sundrie places hath béene spoken of. That which is quo­ted by the author, as an answer of some to his allegations out of the canon law, is to this effect: whereas the Chap­ter of Capua had chosen an Archbishop, Cuius literatura licèt non eminens, tamen conueniens extitit: whose learning though it was not aboue his fellowes, yet was conuenient or competent as he readeth it, that in this respect as for want of knowledge the election made of him was not to be re­uersed. And if this séemed a reasonable decision in an Arch­bishops election, whose high degrée and place requireth a greater and more excellent measure of learning: shall we [Page 27] not admit with good reason, according to the great inequa­litie of places, and diuersitie of rewards for learning, and varietie of times, some degrees, as of excellencie, compe­tencie, and mediocritie of gifts and learning, required in a minister? Or else shall we, vainelie dreaming of a Pla­tonicall Idaea, fansie with our selues, that a man which a long time hath spent in studie, his bodie, and of his friends or of his own monie in the Vniuersities perhaps as much as would haue purchased vnto him double as much yeere­lie annuitie for his life, as the greater part of the seuerall benefices in England be annuallie woorth, can so put off to be a man, as that then he can endure to take as a re­ward of all his trauell to susteine in his declining yeeres, him and his familie withall, such a liuing, as the meanest husbandman in most countries hauing a plough tilt shall be able to spend asmuch in his house in a yéere as he? And surelie, if a surueie were taken of all parish churches and parochiall chapels in England, I dare auow that it would fall out that there be double or treble as many more liuings allotted for ministers vnder the true value of thir­tie pounds by yéere, Vltra omnia onera & reprisas, as be a­boue that rate. And how those which be of better liueload, are fléeced, and corruptlie bestowed in manie places, some of those know best, who doo seeme most to vrge a reforma­tion in other points: whose clamors are like that of him, who cried in the pursute of himselfe, Stop the théefe, Stay the théefe, &c, as fast as the best: and are onelie to diuert the eies of preachers from looking on their owne vsuries, simonies, monopolies, and oppressions, and to procure them to whet their toongs vpon their brethren, whome they sée in better case than themselues are, though perhaps in their opinions not so worthie. But our author héere tel­leth vs (though something darkelie) that the Learning and knowledge of our ministers which are not able to preach, whom he verie mildlie and charitablie calleth Bare mum­bling ministers, is so farre from being to be accounted [Page 28] competent or sufficient, that is not by Iustice & equitie of law to be reputed meane in that sense which the law taketh it. Which if it were true, that they were farre vnder that measure which the law requireth, yet the illation which herevpon he inferreth, that Then they are guiltie of volun­tarie intrusion, and to be punished for taking vpon them offices without any lawfull calling, can no waie follow of those premisses: for séeing euerie man is an euill and par­tiall iudge towards himselfe, then not they who offer them­selues to the triall and examination for sufficiencie of those whome the lawe herein authoriseth; but those who should sée more in them than they are able in themselues, are to be blamed for approbation of them, as appeareth by the C. innotuit nobis Ext. de elect. §. habito ergo. law here quoted.

Pag. 17 But his first proofe, which he here bringeth for the ouer­throw of meane, competent, and sufficient degrées of knowledge in a minister, bicause he imparteth not vnto C. ignoran­tia dist. 38. vs from whence he borrowed it, belike he would haue vs to take it vpon his owne poore credit. By the waie this I obserue, that the highest degrée of knowledge, which the law termeth Eminent or excellent, he in his discourse ter­meth Sufficient, perhaps to insinuate that no knowlege is sufficient for a minister but that which is eminent. Yet this exhortation that Ignorance be auoided in ministers, that bicause they haue An office of teaching, the scriptures by them are to be read, and that all their labour consist in preaching and doctrine: dooth neither ouerthrowe the said distinction of meane, competent, and eminent, bicause these points may be in men according to all these degrees; nor yet argueth, if these be not so exactlie performed by them, that therefore they are intruders. S. Paule exhorteth a minister to rebuke, reprooue, and to be instant in season, and out of season: yet if some performe these offices more perfectlie, other more sparinglie, according to their seuerall gifts of mildnesse and knowledge; shall we saie, that he which fulfilleth not those in the highest degrée, and accor­ding [Page 29] to the best, is therefore no true minister? or rather that he dooth not the duetie required of a minister so fullie as he ought? And so in this place by him alledged, though a perfect patterne of the most necessarie part of their func­tion of labouring wholie in preaching and doctrine, is set before them for to striue to be attained vnto: yet, neither is praier, visiting of the afflicted, hospitalitie, or admini­stration of the sacraments hereby inhibited to a minister: neither are all condemned hereby for Intrudors, which be­ing not so fullie furnished to performe that which in cōmon speach we call preaching, doo teach according to the abilitie giuen vnto them of God, and publish foorth his will out of the word, though it be onelie by reading. But in another respect, this canon cannot necessarilie inferre such a skill in euerie minister, whereby he may be a preacher: bicause as in the most of the old canons Presbyteri are taken for mi­nisters, and Clerici for inferiour ecclesiasticall persons; so is this word Sacerdos taken, not for euerie inferiour mini­ster, but [...] for the chéefe minister in the diocesse, or Bishop: and so Gl. in C. quando, dist. 38. verbo a sacerdote. the glosse in the next chapter following dooth expound it, à sacerdote, id est, ab episcopo, of the priest, that is, of the Bishop: of whom the law in sundrie places laieth both a greater care in preaching, and also a greater suffi­ciencie therevnto than ordinarie. Also it may be trulie said, that by Preaching, in law is not alwaies meant that so­lemne expounding and breaking of the scriptures, as we doo vsuallie speake; but sometimes anie publishing of the word of God, euen such as is done by reading, may well be vnderstood. And therefore the glosse dooth Gl. in verbo praedicare, dist. 25. C. perlectis §. ad lectorem. interpret those words of the canon: Quae prophetae vaticinati sunt, populis prae­dicare, hoc est, legere: to preach those things to the people which the prophets haue prophesied, that is to saie, to read them openlie to the people. But yet, if we should admit this ca­non to be spoken of inferiour ministers, and of preaching in the most vsuall signification, we might with more pro­babilitie thus conclude, than as our author dooth: seeing for [Page 30] increase of his knowledge, a minister is exhorted to at­tend to reading and exhortation of doctrine, therefore he may rightlie be called a minister, before he haue atteined to that perfection of knowledge, which he ought to ende­uour for. And though he, which dooth not bestowe his labour in preaching and doctrine to the vttermost of that abilitie which God hath endowed him withall, dooth not as he ought; yet as it followeth not of any thing by him brought, so may we not peremptorilie thus saie, that he is no mini­ster at all, or pronounce him An intrudor, or without anie lawfull calling, as the anthor dooth in this discourse, though he come short of the proofe thereof, in the conclusions of his syllogismes: which are nothing else but foolish fallacies, proouing a matter vnknowne or doubted of, by a matter no lesse doubtfull.

11. Section. Pag. 18, 19, 20.

HE draweth neere the dregs of his proofes héere, when vpon a bare occasion of this, to be Mightie in word and deed, required of a prior being next to the abbat, not to any intent of preaching, but for obserua­tion of the regular discipline of the monasterie, consisting (as in the same chapter is mentio­ned) in the maner of their meats, their apparell, their not enioyeng their goods in propertie, and in the maner of their silence in some places, and vpon the largenesse of Law racked. that word as it is vsed in scripture for much more excellent gifts; he would inforce that there cannot be such degrées in ministers, as some to be of meane, some of competent, some of eminent knowledge and learning: or else would No conse­quence in his reason. gather, whosoeuer is not so mightie in word and déed, as this speach is sometime in scripture vsed for, to be an intru­dor, and to haue no lawfull calling. Whereas we sée no such matter of learning is hereby required to be in the pri­or, [Page 31] as he imagineth, neither if it were, is it necessarie that euerie minister should be of as great sufficiencie as a pri­or, though in a generalitie some offices incident to the one, were also required to be in the other. In his glosse or dis­course herevpon, as hauing prooued that which he promi­seth, he climeth into his throne, and stoutlie demandeth of our chéefe prelats; What they can answer in defense of their wilfull disloialtie to the Lord, in not being so carefull, as the superstitious lawemaker was, for his superstitious time? And by the waie he accuseth them To maintaine tooth and naile a policie of a traitorous lawemaker, a poli­cie perillous for the gouernement of the state of the Lords houshold: and as though that gouernement which they vse, were rather by them Challenged, than duelie attribu­ted vnto them. And for proofe that the policie by them vsed is such, he reckoneth diuerse points as popish, Which they turne (as he saith) to the maintenance of their prelacies, dignities, and ministeries vnder the Gospell. Surelie a ve­rie gréeuous accusation, being so generall and indefinite, against so manie reuerend Fathers, supplieng one at the least of the thrée estates of the land in parlement, euen by the ancient policie of the same, being also according to our lawes Magnates & Pares regni; and such as haue béene the chéefest either planters or waterers of this church vnder the time of the gospell: but especiallie when it commeth from such a one as would séeme to be a professor of the gos­pell, whereof these and such like spéeches, too too manie in this booke, are neither branch, bud, nor fruit. And except they were the voices of some sonne of Beliall, as was She­ba, that is without yoke of all christian humilitie and pati­ence, I cannot sée how such contumelious loftie spéeches (though they were maintenable) could become any subiect in this land, thus to publish in a printed booke; but much lesse this virulent spirited companion, whosoeuer he be. Slaunde­rous spee­ches of the whole s [...]ate. And is indéed all our Gouernment ecclesiasticall but chal­lenged? Is the policie and state of our church Perillous [Page 32] for the gouernement of the state of the Lords houshold? Is it the policie of a Traitorous lawmaker? Are our chéefe prelats Mainteiners of such by tooth and naile? And are they abbettours of such Traitorous lawes or lawemakers? Doo They mainteine their prelacies, dignities, and mini­steries vnder the gospell by the lawes of Gods enimie? And can the pope, being no subiect, be called a traitor, or a traitorous lawmaker, though he be a suborner or stirrer vp of as manie traitors as he can inuegle? Trulie these iniuries debase the great blessings of God, which by hir Maiesties gratious meanes we enioy by the pure prea­ching of the gospell, and reformation of this church from all poperie and superstition, and is dishonorable to hir Highnes gouernement: yea, it reacheth both to those god­lie lawes and lawmakers, which by parlement haue esta­blished this policie, and the gouernement ecclesiasticall, which we now by Gods mercie enioy: men who are as loth iustlie to be accompted mainteiners of poperie, or of perillous and traitorous policies and gouernements, as this man is vnwilling not to shew himselfe dogged and spitefull. For it is well knowne, that no other policie is practised, nor gouernement put in vre, but such as the whol­some lawes of this land haue fortified: and therefore for Factious speaking against the lawes in force. him thus to carpe at the lawes in a slaunderous libell, before the same authoritie hath reuersed them, it is in­tollerable, and would in some places be accompted sedi­tious. Neither will his euasion serue him, bicause the que­stion is not [Inter pares, amongst equals] as he saith: as though he could not speake better of the said lawes and acts of parlement, without preiudice Of the honour of the sonne of God, by accusing him not to haue giuen a perfect law for the gouernement of his fathers houshold by disci­pline, as well as by doctrine. For, as hereby he would ex­cuse himselfe for his contemptuous and opprobrious spée­ches against hir Maiesties lawes, and the whole state of the land, and the policie and discipline of this church; as [Page 33] though he were forced for the safegard of the honour of Christ: so would he insinuate that all other not of his opi­nion, are recklesse of Gods honor, and that both the poli­cie and gouernement of our church is contrarie to Gods will reuealed by his word, and also that Christ hath left a set externall forme of policie and discipline to be exercised Disloyall & presump­tuous spee­ches groun­ded vpon an errour. in euerie particular point throughout all the seuerall chur­ches in the world.

Indéed if these two were true, which I thinke will be ve­rie long in proouing, he might with more reason haue said as he dooth; yet doth in milder maner, and in a place more conuenient than in a pamphlet, whereby a gelousie maie be bred amongst the simple, that they haue béene all the time of hir Maiesties reigne misseled by their gouernors. I doo therefore saie and offer in the name of the learned, to him or other to consider of, that it is taken by vs for an vndoubted truth, the contrarie whereof by no proofe we doo essure our selues can be shewed: that There are not set downe in particular by scripture, or by necessarie collecti­on to be gathered, all circumstances of policie, gouerne­ment, discipline and ceremonies necessarie and vniform­lie to be vsed in euerie seuerall church: and that the christi­an magistrats and gouernors are not in the said former points, whereof something is touched in scripture, of ne­cessitie tied to that precise forme that is there set downe, but to the generall doctrine concerning them; to wit, that all be doone to edifieng, orderlie, comelie, and such like: if any will affirme otherwise, let him set downe his plat and his proofes for euerie particular, and he shall see whether he come not short in most points. Neither doo I see why he should so odiouslie traduce certeine thinges vsed in our church, till he haue prooued them vngodlie, in this respect onelie; bicause they haue béene either inuented or practi­sed vnder some bad popes, more than he dooth all the nati­ons of Christendome, as well in reformed as not refor­med churches, for giuing a notable place in their common [Page 34] weales, vnto the ciuill lawes of the Romans, deuised for the most part by painims and idolaters, or than he dooth the common or municipall lawes of our owne nation ta­ken either from the old Saxons being heathen, or from the Normans being but newlie christened, howbeit still grosse papists and idolaters. But as touching his questions, How our chiefe prelats can answer to the Lord for their wilfull disloyaltie, for want of carefulnes requisite, séeing They continuallie place vnable men in the ministerie, and why they should not let those canons before brought for a learned ministerie, being now their owne lawes, be auail­able with them? (he might haue said as well his and euery Englishmans lawes, for all be parties to an parle­ment.) I answer first, that in those able men for the mini­sterie which they haue laied their hands vpon, I am per­suaded they haue not doone it so much for a bare satisfaction of law, as for the exigence of the cause, and for discharge of a good conscience. Further, if they haue ordered some of meane abilitie, it hath béene in respect of the slender porti­ons of liuing allotted out in most places for the finding of ministers, which places other wise should be destitute who­lie, whereby the people would in short time become as hea­thens and painims, or be as sauage as the wilde Irish, to the great danger of their soules, and hazard of this state. And if it shall be said, that they haue preferred any to the ministerie vtterlie ignorant and vnworthie, willinglie: Charitie teacheth me not to iudge the worst, nor to iudge [...]. Cor. 4, 5. before the time, vntill the Lord come, who will lighten things that are hid in darkenes, and make the counsels of the harts manifest. So far am I from iudging it to come of any disloyaltie to God, especiallie of wilfulnesse, which is the next degrée to the greatest sinne that may be: for if any of them had wilfullie admitted such a person into the ministerie and of set purpose, then would he also haue re­iected such as being verie woorthie, haue offred themselues to that function, which to this daie I neuer did heare to [Page 35] haue béene surmised by any man against any of those re­uerend fathers, whom I persuade my selfe it is a singular comfort vnto, when they may be meanes and instruments of bringing woorthie workemen into the Lords haruest.

12. Section. Pag. 21.

THat which is heere brought out of the cōmon Extrauagants, though the Author telleth vs, that it ouer­throweth the authorising or ratifieng of an vnpreaching or vnlerned mini­sterie, which no man I hope wisheth to haue established, whereas yet ma­nie doo thinke that he is not straightwaie to be accounted An intrudor, without any lawfull calling, or no minister at all, which wanteth that perfect abilitie required to be in a preacher: yet dooth the said constitution speake no one word concerning ministers or secular priests, as they then termed them, as to that effect and purpose: but one­lie prouideth certeine priuiledges for so manie as should be deputed therevnto of the order of friers preachers and minors, commonlie called graiefriers, common extraua­gants Wilful cor­rupting of the text. indeed and wanderers, that they might heare con­fessions, haue certeine benefits at burials, and preach in any church or street fréelie without licence of the Bishops Diocesan, sauing in certeine cases; these friers indéed, and not onelie Brethren, as the author craftilie and vntruelie hath translated them, vnder the fauour of the equiuocati­on of the word Fratres, yea nor all of them neither, but such as by their prouincials should be especiallie culled out for that purpose, the Pope meaning to authorise to preach where they list, least the secular priests, (of whome also mention is made, but without any mention of their prea­ching) should thinke themselues wholie disgraced by this vnbounded and vnconfined libertie giuen vnto the friers: he did therefore thinke good, besides an apologie in the fri­ers [Page 36] behalfe full of commiseration made by him in the end of this constitution vnto the secular priests, to exact also some speciall qualities in these friers thus to be sent on shriuing and preaching, vnto the which the secular priests looking and finding themselues inferiour, might with more patience be induced to tolerate the friers to preach and heare confessions in their cures. Yet to the intent it may fullie and plainelie appeare, that neither this canon, nor any other in force, exacteth of euerie inferiour minister necessarilie to be a preacher, it is to be vnderstood, that though this canon alledged, be plainelie by him falsified, and perteineth onelie to a few friers which should be cho­sen out of all the heard for this function, yet is it also cl. 2. dudum de sepulturis. re­uersed by a later pope, and standeth in no force, otherwise than it agréeth with the canon of Repeale. Furthermore the c. 1. ex­communica­mus §. quiae verò Ext. de haereticis. law flatlie decréeth thus; Seeing th'apostle saith, How shall they preach except they be sent? Therefore all that either be expresselie forbidden, or not sent by the authori­tie of the apostolike See, or of the catholike Bishop of the place, and yet shall presume to vsurpe the office of preaching publikelie or priuatelie, let them be excommu­nicate, and except they shall speedilie reforme themselues, let them be further punished according to their deserts. And the glosse vnto this purpose dooth Gl. in c. quod Dei timorem. in verbo pri­uilegiatum, Ext. de statu monacho. thus gather; In this is the office of preaching priuiledged, because no man ought to preach except it be committed vnto him by the Bishop of the place, or the apostolike See, and those who by election are chosen vnto it: as is expressed in Cl. 1. de re­gula, & in Cl. dudum §: huiusmodi. de sepulturis: which be pla­ces spoken of these friers, whereof we doo intreate. And so you sée the authors plaine dealing, and his impregnable proofes both against those thrée degrées of learning in mi­nisters afore mentioned, and also for this conclusion, that none may vpon anie occasion whatsoeuer be tolerated in the ministerie which is not an able preacher, yea euen by the canon law it selfe.

13. Section. Pag. 22, 23, 24.

THe principall scope of this secti­on conteining a prouinciall constitu­tion of this land, and the authors ex­position of it, is to prooue that the Competent and conuenient know­ledge which euerie minister ought to be adorned with, is at the least to be able To expound in the vulgar toong, vnto the people eue­rie quarter of a yeare once, certeine principles of christian religion there specified. Surelie, if by this Expounding in the vulgar toong, he thinke such an exposition to be meant as preachers vsuallie doo make vpon a text, he will be easilie conuinced by the words here vsed, & the circum­stances. For if a sermon had béene ment by Expounding, in vaine was that added, In the vulgar toong; except other­wise the lawemakers had feared they would haue vpon those texts preached in Latine vnto the people, whereof there was no great danger at that time, that it néeded so to be prouided for. And therefore [to expound in the vulgar toong] must néeds be vnderstood to declare it into English, word by word as it laie in the Latine; except you will saie it should be doone in more words with some reasonable pa­raphrase for the peoples better conceiuing of it, which yet séemeth to be somewhat abridged and restrained in these words, Without intermedling of anie subtiltie according to his owne fansie. Further, whie should this alternatiue be set downe, Either vpon some one or more festiuall daies? seeing by no possibilitie it could be intended, that he could runne thorough by sermon or lecture in one daies exercise, all the Articles of our beleefe, the ten commande­ments, and the two precepts of the gospell, concerning the loue to God and to our neighbour, The seauen workes of mercie, the seauen deadlie sinnes with their ofspring, the seauen principall vertues, and the seauen sacraments of [Page 38] grace: all which last our author thought good to omit, least thereby all colour should be taken awaie from his inter­pretation. And if vpon this constitution he will gather, that in euerie priest an abilitie of preaching or expounding the scriptures was then necessarilie required: it may be retorted backe thus, that then the synod would haue suffe­red men of that abilitie and discretion, both to preach of what text they had thought good at all times, and would not haue restreined them from intermedling such expositi­ons as they should thinke conuenient. Which things are sufficient to shew vnto vs what is ment both by Once in a quarter, and by those words, On more festiuall daies; that is to saie, that once a quarter they shall go ouer all the said principles of religion in the English toong, either all in one daie, or else vpon mo daies, in case they cannot conue­nientlie in one daie dispatch all. But yet that the authors wilfull racking may be more manifest, and that a meane learning indeed will serue this turne to preach, as héere is spoken of, I would they which trust our author for a plaine dealing and an honest man, would but take the paines to peruse this c. 1. de offi­cio archipre­abyteri, con­stitu. prouin. constitution which he alledgeth; they should then find that this preaching which he so extolleth, and which he thinketh to implie more than a meane or sufficient measure of learning, is nothing but a bréefe paraphrase, not to be deuised by the priests themselues, but word by word heere set downe for them to be learned and vttered like the lesson of a scholar without booke. In which respect also, in the end of the constitution it is plainelie signified, that they haue concerning the said points of christian reli­gion [Taken paines to make that breefe exposition, for the instruction of such priests as were simple.] Yea, the practise & learning of the priests of that age is so meane a rule for vs to square out our ministers sufficiencie by, or exercise of their function; that it c. 1. §. sacer­dotes verò constitu. prou. de haereticis. was forbidden here in England, vnto euerie priest, how sufficient soeuer otherwise his lear­ning were, being not licenced a publike preacher, so much [Page 39] as to catechize or instruct his parish of anie other points of religion, or in any other maner, than was set downe vn­to him by that paraphrasticall exposition conteined in the said constitution. Illa sola simpliciter praedicet, vnà cum precibus consuetis, quae in constitutione prouinciali a bonae memoriae Iohanne, wherevpon the Gl. ibidem, verbo simpli­citer. glosse saith Simpliciter, [that is to saie, without any theame or text to entreat of, or other solem­nitie, but euen as the words do lie.] Furthermore he telleth vs vpon his owne bare credit, that from hence Quarter sermons now amongst vs haue crept in and had their be­ginning. But it is rather to be thought, seeing it could not (as the times are) be hoped for, that in euerie church there Iniunct. ar­tic. 4. might a preacher be placed, that yet they would prouide as neere as they could, that the people should not be wholie without instruction of the word preached. And where he saith, that the said Quarter sermons are suffered with grea­ter A great slander. corruption, than in those former daies they were, and thinketh the same sufficientlie prooued by that it ishere said In one or in more festiuall daies, as though hereby more sermons were required in a quarter of a yeare, in those daies than are now, I thinke it is sufficientlie answered afore. But bicause the author imagineth some aduantage would be taken against him hereby, seeing it is here said, the priest may make this exposition By himselfe or ano­ther, he thought good to stop this gap also: and answereth to this effect, as I conceiue it; that this is not therefore to­lerated to be done by another in respect of the disabilitie of the minister himselfe, but in respect either of manifold busi­nesses, bodilie infirmitie, open hostilitie, or some other ne­cessarie occasions. And he prooueth this to be the sense of the said constitution prouinciall, by an argument taken out of the canon law, reasoning A maiori ad minus affirmati­uè, An absurd reason like a deepe Logician: that bicause it is not tolerable for a Bishop to procure the people whom he ought to teach, to be preached vnto by another, onelie (for want of skill) in himselfe, but vpon some of the afore recited considerati­ons, [Page 40] therefore it is not lawfull for a common minister to procure another to preach for him; where his owne skill is not sufficient. This he enlargeth also by two examples al­together vnlike to this matter we haue in hand. For though want of learning may and ought to be a sufficient cause to kéepe a man from preaching in his owne person, and to force him to supplie it by some other, though a verie slender skill will serue for the preaching which héere is ment; yet for not personallie visiting: not that, but other lawfull impediments must be alledged, considering the like skill is not in the one as in the other required. That which he quoteth out of the chapter Conquerenti, Ext. de cle­ricis non residentibus, is not found there, but taken by him from some other mans gatherings out of it. All the words thereof looking toward this purpose any waie, are these, Vel quòd eidem ecclesiae non deseruiat, or if he serue not the said church. Which indéed must néeds be ment of personall ser­uing or residence, bicause a man cannot reside by another, no more than he can Corporaliter rei incumbere, naturallie possesse by another, though ciuilie he may doo. The decisi­on of that chapter is this: Whereas one would haue extor­ted twentie shillings annuitie frō the incumbent of a be­nefice, by colour that the said benefice had béene once col­lated vpon him; it is decided that he should surcease for e­uer that claime, if either he had other ecclesiasticall bene­fices, or did not serue the said church himselfe: which is ve­rie far from proouing that he may not procure another to preach in his cure, which is not a preacher himselfe.

14. Section. Pag. 24, 25.

THat which is brought heere in the first place to prooue, that It is directlie for­bidden to depute another in the office of preaching, hath no direction to lead vs to know from whence it came: which there­fore would (as by other dealings we haue [Page 41] had cause) giue suspicion to feare some wresting or per­uerting, if it had any shew of substance for that purpose. But nothing can be gathered of it, but that such as especi­allie C. vlt. §. caete­rum Ext. de officio de le­gati. and extraordinarilie had that office of preaching the crosse recommended vnto them; which (as I take it) was to persuade men to go to warre against the Saracens and inhabitants of the holie land, bicause their industrie and sufficiencie was before the rest héerein chosen, could not therefore commit ouer that dutie vnto others from them­selues: Nam substitutus, cuius industria praecipuè est electa, non potest substituere sine speciali mandato. And I hope that the au­thor will not hereby gather, thát by lawe now in force, a man is vtterlie and simplie forbidden to haue another to preach in his cure vpon any occasion, for then all our new doctors De robe curte, who intrude themselues vpon other preachers hauing pastorall charge, must be faine to giue ouer their cloaks, and put vp their pipes. This also is a fal­lacie, A secundum quid ad simpliciter, thus to reason: Those that haue the preaching of the crosse, to excommunicate or to absolue, by letters of commission committed vnto them, cannot depute others in their roomes; Ergo none ap­pointed to preach, maie procure others to preach for them. Againe, it is vntrue, as shall appéere after, that euerie minister by his ordination is made a preacher. Also the law Reg. in­iuncti. art. 80, & 40. Vide resp. ad. 40. sectionem dooth expresselie in many places authorise a minister to suffer preachers to preach in his cure, and therefore it cannot be doubted but they may haue this dutie furni­shed by another. The next alledged out of our prouinciall constitutions dooeth reason thus: [Persons and Vicars ought to labour to informe the people committed vnto them with the food of Gods word, according to the mea­sure that shall be inspired them; Ergo, it is directlie forbid­den that the office of preaching should be deputed to anie other.] Héereof me thinke a man might more probablie collect against the principall matter now handled, séeing the synod knew well enough the words of preaching, ser­mons, [Page 42] and such like: which neuerthelesse in this place ha­uing so fit an occasion, it dooth not vse, but tempereth it in other maner by [Feeding according to the measure that shall be inspired into them, that therefore it was not the meaning of the synod to exact of euerie beueficed person a necessarie abilitie of preaching, but were contented to staie vpon a competent skill, where more exact learning could not be procured. But a modest man would haue béene ashamed thus purposely to haue abused his readers, by sending them to séeke the last constitution by him alle­ged in stead of C. presbyte­rorum consti. prou. de off. archipresby­teri. another brought in afore, or yet to auouch that this place more at large manifesteth his purpose, to prooue that one may not preach for another: wherof it hath neuer a word, nor yet any resemblance: neither yet dooth it exact of them to preach, but to Informe their parishioners by the food of Gods word, which may be done many waies beside preaching, though not so profitablie. And therfore the glosse distinguisheth preaching from doctrine and other Glossa ibid. verbo latra­eu. information by a disiunctiue, as being diuers things. The beginning of the decretall Inter caetera Ext: de off. iudicis or­din. perteining onelie to the Bishop, may well be a reason to inforce a necessitie to haue the people of God fed with the word of God, but it nothing helpeth any of these his Three issues by the au­thour to be prooned. principall issues, that he is no minister at all, who cannot preach, or that there may not be admitted the former de­grées of seuerall measure in learning, or that a man not able to preach, may not procure that dutie by another to be supplied. And if it had pleased him to haue called to re­membrance the next wordes following the allegation which he brought in the next page afore, out of the same Pag, 23. in fine. chapter, he might haue séene Inter caeterae Ext. de off. iud. ord. vers. generali. there, that Bishops either hindred (as there is said) or hauing great diocesses, should choose fit men for the office of holie preaching, which in their stead (when they are otherwise letted) may execute the said office, and carefullie visiting their flocks committed vnto them, might edifie them by word and by example, and so [Page 43] be ioint-helpers and workers with them. Therfore if that decretall should conteine a reason, why one might not preach in anothers sted (as the author séemeth to thinke) it were a verie strange Antinomie and Brocard hardlie to be reconciled by anie supersubdistinction whatsoeuer.

15. Section. Pag. 25, 26, 27.

Pag. 23 AN inquisition in this behalfe, how the préests, whom he transiateth Elders, haue done their duties, being no otherwise than is shewed before, dooth not adde any weight to the for­mer proofes, for any of the said three issues set out: and the words of Prea­ching or publishing, vsed with a disiunctiue, doo argue plainelie, that he did not deale simplie before, when hée would haue the expounding in the vulgar toong, of the ar­ticles of beléefe, the ten commandements, &c: to be so ma­nie sermons, séeing they are héere plainelie distinguished, so that any publication thereof sufficeth. For a Bald. in l. 4. C. de. ver. & rerum. signif. gl. in c. Ext. parte Ext. de re­script. disiunc­tiue being put betwixt two persons is vnderstood for a co­pulatiue, but being set betwixt two things, (as in this place) it is far otherwise, and implieth a disiunctiue in­déed, though the glosse doo séeme otherwise to salue it. For euerie publication of a thing cannot be called preaching, as we vse the terme in common spéech. But why are Pres­byteri such as are to expound in the church, translated El­ders? I trust he mindeth not héereby to shut out all laie men from the eldership or seigniorie which is dreamed of, least peraduenture he himselfe be Exclusisstmus. But here he enforceth againe, a place before alledged, accompanied with two other glosses: the place was afore spoken vnto, and the glosses speake not to any other purpose (as is eui­dent) than to require and with as great abilitie in a mini­ster as conuenientlie may be had; yet not condemning thereby all As intrudors or as no ministers at all, that haue [Page 44] not aspired to that perfection, which is the point in issue by him laid downe. But in these two glosses also he kéepeth his old woont, to quote them so generallie, that a man may seeke them where he will, for he shall be sure (by any directi­on he giueth) neuer to find them. For although in nine or ten pages afore (manie other allegations being brought betwixt) he alledged the Constit. O­thoni [...] cum sit ars. place from whence he borrowed them, yet now as though it had béene the next allegation before, he vseth the quotation of Glossa ibidem, the which dea­ling with other like by him vsed, doo argue this at the least, that he was loth to séeme to borrowe so much out of one place, least he should thereby bewraie his want. I the will gather for his purpose any thing of that which Rebuff. saith, [That those are accompted vtterlie vnlearned, that knowe not how to doo the office to the which they are bound; then must he first prooue that no ministers besides preachers doo knowe how to doo the office to which they are bound, and that of necessitie the office of preaching is incident to eue­rie minister, according to that vnderstanding that this word Preaching is vsuallie taken in. Yet it is verie gene­rall thns to alledge Rebuff. without quotation, who hath written manie bookes, and some of them of great large­nes. All that I can find any thing sounding this waie, is Rebuff. in praxi benef. pag. 9. infol. this; Illiteratus, &c. A man vnlettered cannot be preferred, bicause he that (caret literis) that is, cannot reade, or is not book-learned, cannot be fit for diuine offices. The Art. 43. In­iunct. Regi. iniunc­tion which he alledgeth, prouideth that such as not long be­fore the making of the said iniunctions had béene made priests, being children, and otherwise vtterlie vnlearned, should not by the Ordinaries be receiued to anie benefice or cure, but reiected. The equitie of which iniunction I grant (though it be out of the letter) remaineth still vnuio­lablie to be obserued, that children and men vtterlie igno­rant, be neither receiued into orders, neither if by any si­nister meanes they haue crept in, that they be admitted to benefices and cure of soules. Now the author hauing by [Page 45] waie of recapitulation ministred foorth all his former proofes, he telleth vs in effect plainlie though he made shew to prooue, that no competencie or conueniencie of lear­ning, without an especiall abilitie of preaching, would serue any ministers turne to be excused from intrnding, and from being accompted no minister at all: yet it was A malicious conclusion, yet far from his proofes. not this which he looked at especiallie, but to leaue an im­pression in the minds of the readers, That our dumbe and vnpreaching ministers haue not so much as a competencie or conueniencie of learning, whereby he might debase them and bring them into obloquie. So that it séemeth they might haue his commendation and allowance to continue their roomes, if this competencie were but in them, whatsoeuer he hath aforesaid sounding to the contra­rie. But he is angrie also with their Bare reading, and ve­rie peremptorilie assureth vs, That they shall neuer be in­struments of the Holie-ghost to worke faith in the hearers: but he limiteth it with this word Ordinarilie: which he sée­keth to establish by shat of S. Paule; And how shall they heare without a preacher? Truelie, as it must needs be confessed that the plaine resolution and vnfolding of the word, in scripture called [...], The aright cutting thereof [and the giuing of the due and fit allotment of it in season] which is performed by discréet and pithie preaching, is an ordinarie and the most excellent meanes to ingen­der faith: so is it a great error in diuinitie, to thinke that God neuer blesseth the reading, or the hearing of his word read, but extraordinarilie. For then, whie is it commanded Deut. 6. that the law of God should be rehearsed continuallie to our children, that we should talke of the commandements in our houses, as we walke by the waie, and when we lie downe, and when we rise vp, that they should be tied for a signe vpon our hands, and as frontlets betwéene our eies, that they should be written vpon the posts of the house, and Psal. 1. Psal. 119. Iohn. Act. vpon our gates: that we should meditate therein day and night, that all the daie long our studie should be in his law, [Page 44] [...] [Page 45] [...] [Page 46] and that we should search the scriptures? Also whie was Moses read in the synagogs euerie sabboth daie, and they of Thessalonica commended for their reading of scripture, and conferring it with that which they heard? And shall we saie that so manie thousands, as in late time of persecuti­on were conuerted from idolatrie by reading of scrip­tures A perillous and vncha­ritable doc­trine. and diuine treatises, obteined not faith by ordinarie meanes, or that without especiall miracle and extraordi­narie working none are saned in this church of England, where their minister is no publike preacher? And is not the declaring and publishing the word in the mother toong, wherein (as Augustine saith) In those things that are there plainelie set downe, is sufficient for faith and conuersation, a kind of declaration and preaching forth of the Lords will vnto vs? But vpon what ground that other vehement ac­cusation of his standeth against such our ministers as be no preachers, That they rob the Holie-ghost of his proper honour and office, whereby he inspireth the preachers of the gospell with the spirit of wisdome, &c. in truth I can­not coniecture, except he will gather it thus: Preachers of the gospell are in good measure inspired by the Holy-ghost with the spirit of wisedome: Ergo, whosoeuer be no prea­chers, but do onlie read the word of God to others, doo rob the Holie-ghost of his proper honour and office. Which ar­gument if I should denie, hauing but propounded it once, I shuld do wrong to the simplest reders capacitie that may be; euen as he hath abused their patience to propound it.

16. Section. Pag. 27, 28, 29.

NOw belike as being priuie with himselfe, that he hath brought no suf­ficient concluding reason to prooue such a necessitie for euerie minister to be a preacher, as that therof it should follow such to be no ministers at all, who are no preachers, he séeketh by ex­hortation [Page 47] (though beside the rules of Rhetorike) when he at the first iumpe calleth them Idols, to induce them to yéeld vp their places, which they vniustlie (as he saith) doo possesse. And if in strict points of diuinitie, this be thought lawfull, and that there might be found such as he fansieth fit for suf­ficiencie, to supplie all their roomes, I would with he could persuade thus far, not onelie with those whome he calleth Idols, mumbling, dumbe, and vnpreaching ministers, but with all such parrat preachers also, as being destitute of learning, discretion, and humilitie, haue rather boldened themselues to speake, than learned to speake to purpose. The canon of Gregorie by him cited, toucheth not those 1. q. 1. c. si quis ne que. who haue entred into the ministerie, being not sufficient­lie qualified with gifts incident vnto it, but such as either indirectlie, corruptlie, or vpon sinister and simoniacall re­spects onelie, haue taken vpon them that function. And of such doo the next two allegations also by him brought, onelie speake. All the other which he throngeth together, sa­uing the two last, doo conteine dangers and vpbraidings of such Bishops, which for their want of gouernement; or of their ministers, which for their dissolutenes of life, are scandalous and offensiue to others. Whome (how well so­euer qualified for learning) as it is méet to remooue from their functions, so is there nothing here brought, whereby it is likelie they will be mooued willinglie to yéeld of them­selues, seeing euerie man is too parciall a iudge in his own affaires. In the two last, where that prelate which cannot teach (for the word Doctrina is onelie vsed) is likened to a capon, and said to be no true prelat: We are to remem­ber, that they are but the words of the glosse vpon the pro­uinciall constitutions, and not belonging to any of the places quoted out of the decrées; and if they be vniformelie to be vnderstood with the rest, are ment onelie of Bishops. Unto which two glosses, the one vpon the constitutions of Otho. and the other vpon the prouincials, he is greatlie be­holding, for furnishing him with so great and so gaie a [Page 46] [...] [Page 47] [...] [Page 48] shew. Yet they serue him as men are vsed to be that take of trust: they are not so peremptorie for his purpose, as he would make it. For first they onelie speake of the prelats gouernement and conuersation, and not of his doctrine or preaching. That in the 83. dist. c. nihil. first ranke calleth not the Bi­shop a woolfe, but saith, he is a miserable Bishop that sée­keth to please woolues, for he cannot please both them and the flockes of shéepe. The 2. q. 7. c. qui nec re­giminis. next likeneth not a prelat to a shamelesse dog, onelie for not correcting the faults of his children, but also for want of gouernement in himselfe, and for not bewailing his owne sinnes. That which follow­eth taken out of Augustine, is appliable to all men as well as to prelats, and sheweth how a doue that is a true belée­uer may be discerned from a rauen, that is a filthie liuer. c. non om­nis ibid. Not euerie one that saith, Peace be vnto you, must be list­ned vnto as though he were a doue: the rauens are fed by the death of other things, this qualitie the doue hath not, which liueth of the fruits of the earth, and therefore his di­et is blamelesse. The next is not found by any direction which he hath set downe, but he might haue alledged the gospell for it, speaking of salt that hath lost his taste. The c. in man­datis 43. dist. place ensuing next, is by him (following onelie his glosse) wrong quoted. But if he thinke he may gather of that which the last glosse saith, of a prelats dumbenesse in tea­ching (which I haue shewed not to be alwaies coincident with preaching) that euerie minister is thereby of necessi­tie to be a preacher: I am to saie, besides that which is spo­ken to the first section, Gl. in Cle. 2. de sepulturis verbo prae­lati. that Vnder the name of a prelat, the person of a church is not conteined. The crimination and blame, which he laieth vpon our chéefe prelats for ad­mitting any into orders, not enabled as he fansieth, (if o­therwise they haue discharged their duties as I hope) will easilie be answered when it shall please him to charge anie in particular, Loco & tempore congruis, whereas being deliue­red in this maner, it cannot serue to helpe the matter, but onelie to open the rankenesse of his stomach, and [Page 49] by the contempt and obloquie of them, to wound the com­mon cause.

17. Section. Pag. 29, 30, 31.

THe author being now come vnto the maner of making deacons and ministers in this church of England, and pretending so good liking there­of, that he cannot endure the least wrench aside in any small circum­stance of it, séeking also to mooue, be­fore he hath taught or shewed any breach of the said order, and to the intent he might bréed further attention, or else indignation in his readers, he putteth on of a sudden Co­thurnos tragicos, and lostilie aduancing his spéeches, swelleth in words like the Ocean, Proijciens ampullas & sesquipedalia verba. The occasion of all this stirre, is bréefelie this: bi­cause When ministers are to be made, it is an action wher­of deliberate consideration is to be had, and wherein when all is done (as it is imagined) that can be done, yet in truth there is (as he saith) nothing so nor so done. I doo casilie as­sent vnto him, that a maruelous great care in so weightie an action ought to be had. But that when all is done, as it is imagined can be done, yet nothing is so nor so done, is An obscure riddle. so deepe and inextricable a riddle for me to vnfold, that I must confesse my selfe herein Dauus, and not Oedipus: except I should thus gesse, considering the humor of the man else-where, that though all prescribed, were as exact­lie obserued as might be, according to the order there set downe, yet is it not such a forme of ordering ministers as it ought to be. If this be his meaning, whie should he be so incensed against those who breake that, which he himselfe misliketh? Or whie dooth he thus terriblie exclame, as though he would Inclamare coelum, terram, & maria Neptuni, against the breakers of an order either vngodlie or incon­uenient? By the waie it is to be obserued, that the holie [Page 50] daies besides the sabboth, he calleth Their owne festiuall daies, intending as I gather by this contemptuous speech, The authors nipping at hosie daies. that the obseruation of all such daies is vnlawfull, and that they are not commanded by hir Maiesties lawes, but established onelie by the Bishops. That other daies, beside the sabboth may be commanded as festiuall by the chrsti­an magistrate, the practise of the people of God, though straightlie bound to the ceremoniall and iudiciall part of the obseruation of the sabboth, as well as to the morall, which alonelie we are tied vnto, dooth sufficientlie teach vs. For besides that God, who indéed is a law-giuer to vs, and not to himselfe, did command beside the sabboth, ma­nie festiuall daies and solemne times of holie assemblies, ioy and rest, (to let passe their Num. 28. 2. Paral. 2. 2. Paral. 8. Esdr. 2. Isai. 1. solemnities in the new moones or kalends, bicause in them they rested from no kind of labour) as namelie the Exod. 12. passeouer, the first and Leuit. 23. Deut. 16. seauenth daie of swéet bread, the feast Leuit. 23. of first fruits, the Leuit. 23. Num. 18. Deut. 16. 2. Macca. 12. feast of pentecost or of wéekes, the feast Leuit. 23. Psal. 80. of trumpets, the feast Leuit. 23. Leuit. 16. Hier. 36. of expiation, and the Leuit. 23. Num. 29. Deut. 16. Neh. 8. feast of tabernacles; di­uers also were instituted and commanded to be kept by holie men: as the 1. Reg. 8. 2. Paral. 7. feast of dedication of the temple by Salomon, at the Esdr. 6. dedication also by Zerobabell, the feast of dedication Macca. 1. Iohn. 10. of the altar vnder Iudas Macchabeus, which being in winter, is thought to be the same feast of Encae­nia, or dedication which Christ honoured with his presence in the tenth of Iohns gospell, the Iud. 11. feast of moorning for the daughter of Ieptha, the 1. Macca. feast of fire, the Iud. 16. feast of Iudiths victorie ouer Holophernes, the feast Esther. 9. of lots, and the feast of victorie Iosep. li. 12. ouer Nicanor the king of Syrias generall cap­teine. And if the lawfulnes to command such being gran­ted, it shall neuerthelesse be thought no such thing amongst vs to haue force of law, (as I haue heard it to haue béene more confidentlie than truelie auouched by some) such are to knowe, that both the statute 1. Eliz. cap. 2. dooth esta­blish the said daies, and that hir Maiestie authorised by the said act, hath authenticallie ratified long ago by hir royall [Page 51] authoritie to be shewed, both the fasts & festiuall daies set downe in the bulgar kalendar prefixed before the booke of common praier. Neither is this circumstance of a sundaie or holie daie spoken of in the bodie of the booke of The forme and maner of making and consecrating Bishops, Corruption of the booke. priests, and deacons, but in the preface onelie; neither is it there spoken of other, than of Admitting a deacon: neither yet there, or in him is it necessarilie required, but onelie it is said, that The Bishop may vpon a sundaie or holie daie admit such a man so qualified, as is there prescribed, a dea­con. The other circumstances by the author set downe, which he thought he might carrie awaie in a cloud with a streame of words, as of Churches being destitute of a pa­stor, of a solemne assemblie, and conuocation of the chee­fest of the gouernours of the church, to be gathered togi­ther in the cheefest citie of the diocesse, to present, &c: are required without booke by our author, and are belike some Falsificatiō of the booke. part of another platforme, which he mistooke in stéed of this church of Englands order. But if he inforce those words of the statute 8. Eliz. confirming the said booke, And shall from hense-foorth be vsed and obserued in all places with­in this realme, for the necessarie obseruation of euerie cir­cumstance arbitrarie afore: then must we desire him to rub ouer his logike and his law, and to remember that herein we must Reddere singula singulis, that such things as were of substance in the booke, and such as were of cir­cumstance or arbitrarie solemnitie, are not hereby alte­red, but are to be taken in that nature now, as they were before in the booke. As concerning the qualities requisit in one to be admitted a deacon, I maruell he will number Follie in the author. that which resteth in experience afterward, and which the partie is to promise in time to come to performe; to wit, To be diligent in his calling, as a thing to be weied before his admission. And if by the circumstance of Calling, he thinke may be inferred anie [...], or popular election, or any other deuise whatsoeuer, more than an inward good [Page 52] motion of the partie, he may be conuinced sufficientlie by those words, Shall present such as come to the Bishop to be admitted. The circumstance of being presented by the archdeacon, although at solemne and set ordinations it be most vsuall; yet is it not of such necessitie, but that it may as well be omitted, as the Bishop may ordeine one alone, when there is no more, though the words of presenting doo run in the plurall number. To which effect it is also said in the preface, that the Bishop knowing either by himselfe or by sufficient testimonie any person to be a man of vertu­ous conuersation, &c, may admit him, &c: so that the cir­cumstance of Presenting is not of any substantiall forme of the matter. In reckoning the offices of the deacon, our Falsificatiō. author omitteth this limitation, In the church where he shall be appointed, also to baptize and to preach, if he be admitted thereto by the Bishop: and this likewise to serch for the sicke, poore, &c: Where prouision is so made, as not seruing belike so fitlie his turne as he wisheth. Whereby we may gather, what libertie this man (who findeth such fault with other, for omitting such and so manie requisites as he fansieth) dooth yet permit vnto himselfe to leaue out of his owne distributions.

18. Section. Pag. 32, 33, 34, 35, 36, 37.

OUt of a part of the forme of or­dering priests, in this section our au­thor thinketh he hath obserued two Principall points for his purpose: one, that The minister chargeth him­selfe to teach and instruct the people committed to his charge, with the doctrine of holie scriptures, and this he passeth ouer verie bréefelie: The other, which deserued with him a marginall direction, is, that The Bishop bindeth him, as well to mini­ster the discipline of Christ within his cure, as the doctrine and sacraments of Christ, &c. and that therefore [the mini­ster [Page 53] may as well admonish, denounce, and excommuni­cate offenders within his charge, as a Bishop may within his diocesse. The first whereof perteining to teaching, re­quired of the minister, although it prooue not a necessarie coherence of preaching with the ministerie, séeing manie besides preachers, as the father, the maister, and the hous­holder, are to teach and instruct in godlinesse, those who are of their charge: yet is it more peculiarlie incident to the treatise here in handling, than the other obseruation con­cerning discipline. But shall we saie that this man is well aduised, in seeking to inspire euerie minister with a power The authors contrarietie. to execute all discipline in the church, and that by law now in force? when as in a peculiar treatise of this booke, he la­boureth to prooue that by law Excommunication by one alone is forbidden; whereby he pulleth downe with one hand, that which he built with the other, and sheweth him­selfe either verie forgetfull, or passing inconstant. And here­vpon I would be resolued by the author or some other, whe­ther he thinke this endowment of euerie minister, with the execution of all discipline, admitting but not granting it to be so by law, to be a conuenient policie, for the vnitie and quiet of the church? And whether he himselfe had not rather be vnder the forme now in practise, in regard of his owne contentment, than vnder the infinit dictatorship of his owne minister? Or else, whether should appellations from the judgement of the minister in this respect be al­lowed of, and whether to the Bishop, or to whome? And whether the Bishop by this interpretation of law, shall not reteine his authoritie of executing the discipline of the church vpon euerie particular minister, and in euerie seue­rall parish as aforetime, seeing the author saith As well as the Bishop in his diocesse? And if he shall, what if the Bi­shop vpon good cause, and for abusing of the authoritie, shall suspend the minister from his iurisdiction of executing dis­cipline? Is he not at the same point he was at before? And what if the Bishop himselfe dwell in the parish, who shall [Page 54] then haue the preheminence? And what if the ministers discretion serue him, vpon some small or surmised cause to excommunicate some great péere or noble counsellor of his parish, whose indignation may turne the whole church to great mischéefe? Or to procéed against his patrone, who peraduenture hath a bond of him to resigne? As manie couetous coruorants and Nimrods haue in these daies, whereby the ministerie is more enthralled to the corrupt deuotion of one man, than by all the lawes that any waie may concerne them. The author séemeth to me to diuide the discipline of the church, which he would intitle euerie minister vnto, into admonition, denuntiation, and excom­munication. If by denuntiation, he meane the publishing of excommunication done by himselfe, then is it a part thereof: if (as I rather thinke) he meane the second de­grée of procéeding vpon faults not publike, specified in the 18. of S. Matthew, then is this common with the mini­ster vnto all other christians, euen as admonition is being the first degrée. And where the minister is the partie offen­ded, and hath not preuailed neither by his admonition in priuate, nor his denuntiation before two or thrée; to whome shall he tell it in the third place, where he himselfe hath the authoritie to excommunicate? But the power of binding and loosing, according to the word of God, and the censure of reproouing and sharpe rebuking of publike offenders, which doo conteine indéed the whole discipline, ment to be attributed by this church of England vnto priuate and in­feriour ministers, whie are they left out in this place? And whie did he not also yéeld vnto euerie minister, as well as excommunication, the censure also against obstinate here­tiks, and of anathematisme, supposed (by the best interpre­tors) to be a higher censure than excommunication, and vsed when all hope of amendment is gone? And touching his second question, whereof onelie (as it séemeth) any doubt is made, Whether the doctrine, sacraments, and the discipline be to be ministered simplie, as the Lord hath [Page 55] commanded, or else whether they be to be ministred one­lie as this realme hath receiued the same without the com­mandement of God? I saie, that as this question is con­tumelious to this whole church, by insinuating a iarre in those points to be established by our lawes, with The com­mandement of God: so is it a verie captious and sophi­sticall question A diuisione, bicause he diuideth those things Inconstant dealing in the author. that not onelie the booke hath ioined togither, but he him­selfe within ten lines afore, vpon the like copulatiue con­iunction, vrged the like concurrence of two other seuerall members in this selfe-same sentence. And for answer to the question, I doo affirme that these thrée are to be mini­stred, both as the Lord hath commanded, and as this realme according to the commandements of God hath receiued the same. So that the one of these clauses shall not be vnderstood, either to [limit or restraine:] the other as he vnskilfullie thinketh may be obiected, nor yet Dispo­sitiuelie, as though the law ment by authoritie hereof to establish that the order in these things by the realme recei­ued, should be holden as agreable to the word of God: but must be taken Enunciatiuelie, to declare and affirme (for the further incouragement and comfort of those who are to minister these things) that following the order by law established, they shall doo agréeablie to Gods will. Not that it is to be thought that euerie ceremonie, forme, or circum­stance about these thrée things, are either in particularitie deliuered in scripture, (as this man hath not alone absurd­lie fansied) or that there in either this church or anie other is or can be tied to any such certeine exact forme In hypo­thesi as we terme it: but that certeine generall rules for Articles of religion. 34. art. ceremonies and gouernement, being there set downe, euerie church is to followe the said rules, in such particular maner as they shall iudge (all varietie of circumstances weied) to be most fit for the editieng and gouerning of that people. For iudgement whereof, I thinke that waie surest to follow, which hath had the best proofe and experience of [Page 56] profitablenesse, by longest continuance of time, and purer antiquitie, so that it be sure, no commandement in the word to be to the contrarie. And where as he concludeth, though without premisses, that A Bishop and a minister ought to minister the discipline of Christ, as the Lord hath commanded, though the lawes of the realme should not haue receiued the same, & afterward in plaine terms saith, That our discipline vsed in the church of England, is not the same which the Lord Christ hath commanded: he dooth first iustifie that slander of this church, which his question afore The authors slaunder of the whole estate. did insinuate. Secondlie, he directlie contrarieth both that which the booke by law established, & which he himselfe had a little before affirmed in these words, That the discipline is to be executed by the Bishop, as he hath committed vnto him by Gods word, & as he is appointed by the ordinance of the realme to execute. Lastlie he héereby both giueth li­bertie to Bishop and minister, to vse what forme so euer of discipline shall séeme to them grounded vpon Gods word, and dooth as it were crie an alarum to all men, to oppose A seditious asseueration of the author. themselues against the discipline of this church, as wicked and not agréeable to Christs institution. But let vs a little examine his proofes, whereby he goeth about to infer, that The discipline of the church of England is not according to the commandement of Christ. The first reason, that It appeareth by the word of God: and likewise the second, that it so Appeareth also by the discourses written by the learned to and fro, are two childish fallacies, A petitione principij, proouing a thing in doubt by a matter as much or more doubtfull, for who being of a contrarie opinion, will not straight tell him, that his proofe is as euidentlie false as his conclusion. That which is said of The discipline of all reformed churches, maketh more against him than he is ware of. First, more reformed churches come néerer vnto our outward policie, discipline and ceremonies, than those are in number who séeme to dissent from vs. Againe, few or no reformed churches, especiallie of seuerall nations or [Page 57] dominions, doo iumpe in one externall policie of discipline or ceremonies. And whie is it not as lawfull for vs héerein to differ from them, as for them to differ amongst them­selues? And how is it possible if such a set forme (as is pre­tended) be set downe in scripture, that they all differing so much one from another in externall policie, should all be ordered therein according vnto the commandement of Christ? and thus to be brought as a squire to leuell vs by, who are alonelie belike in his fansie wide from the right discipline: where as I sée no cause in any respect, whie they should not rather take light of vs, than we of them. That which he speaketh of maister Nowels catechisme, is verie generall, and requireth the perusall of the whole booke. But I suppose this to be the place which he meaneth, where to­ward the latter end of the booke he saith: In pag. 652. graecolat. Ca­tech. 1573. well ordered churches a certeine forme and order of gouernement was instituted and obserued, certeine elders, that is to saie, ec­clesiasticall magistrates were chosen, which should reteine and practise ecclesiasticall discipline. And dooth our author thinke that this man heere dooth meane their laie presbyte­ries neuer heard nor read of from the beginning of the world, till within these fortie yeares or little more, bicause he nameth them ecclesiasticall magistrates? A foole fansi­eth that bels doo ring and almost speake anie thing where­with he is delighted. Or could he gather, that maister Nowell here condemneth our churches discipline, as not agréeable to that which Christ hath commanded, if he had directlie said that in some well ordered churches an order of discipline differing from ours is obserued? Dooth this follow; Some well ordered churches differ in some points of externall discipline from our church, Ergo ours is not the discipline of Christ? Then by this reason should no refor­med churches be said to reteine the discipline of Christ, or to be well ordered, manie of them vpon diuersitie of oc­casions differing euen from themselues before, and euerie one in some point or other differing among themselues. [Page 58] Are all the churches of Denmarke, Sweueland, Poland, Germanie, Rhetia, Vallis, Tellina, the nine Cantons of Switzerland reformed, with their confederates of Gene­ua, of France, of the low countries, and of Scotland, in all points either of substance or of circumstance, disciplina­ted alike? Nay, they neither are, can be, nor yet néed so to be: séeing it cannot be prooued, that any set and exact par­ticular forme therof is recommended vnto vs by the word of God.

And therfore maister Deane of Paules, in the said Ibid. pag. 16. booke saith, that one end of so manie counsels gathered so often in the primitiue church, was this, to make canons, For the externall gouernement of the church, which had not néeded, if such a perfect platforme had béene deliuered thereof in scripture, as some men vainelie blunder about. And I verelie doo persuade my selfe, that he being a man yet li­uing, and well knowne to be farre from anie vnreuerent opinion of the state and policie of our church, whereof he is no inferior member himselfe, and being best able to inter­pret his own meaning, would if he were demanded, quick­lie conuince this man of factious and slaunderous wre­sting and racking of his words. And seeing he obiecteth vnto vs the president of reformed churches in matter of discipline, let him first by some proofe out of scripture, or ancient writers approoue vnto vs, if he can, the debarring of the ciuill magistrate from all gouernment in ecclesia­sticall causes, and a presbyterie or segniorie consisting most of laie persons; yet both of them practised by some churches, which he and his clients most admire: and as he shall deale in these, he shall haue more of our worke of like nature, which peraduenture will trouble the sconses of all the new discipline-framers we haue, to auow by good and substantiall proofes. Now vpon the quite ouer­throwe (as he wéeneth) of the discipline of this church of England, he laieth foorth in behalfe of all inferiour mini­sters, an action of wrongfull detinue (for I thinke he will [Page 59] not saie, it is but nouell disseisine) against Our Bishops and archdeacons, for challenging all punishing of male­factors within their seuerall iurisdictions. If it be their iu­risdiction by law, why may they not so doo? Forsooth bi­cause They permit not the minister to exercise any disci­pline at all. Yes truelie, as was touched afore, they doo and may execute the discipline of declaring by doctrine ac­cording to the word of God, mens sinnes to be bound or loosed, and the censure of rebuking and reproouing openlie those that doo fréeze in the dregs of their sinnes, which are not the least parts of discipline: which is as much (for a­uoiding of intollerable inconueniences which otherwise would ensue) as is expedient to be attributed vnto euerie one, and so is it all which the law dooth enable them with: as may be easilie gathered out of the verie same demand of the Bishop: for at the latter end thereof it is said; So that you may Teach the people committed to your care and charge with all diligence to keepe and obserue the same; so that the discipline which the minister is to execute, reacheth no further, than to Teach his parish with all dili­gence to kéepe and obserue so much of the doctrine, sacra­ments, and discipline of Christ, as apperteineth to them. And if no especiall preheminence might be attributed in matter of execution of discipline to one minister aboue o­ther: why is it said by S. Paule, excommunicating, the incestuous Corinthian, Absens decreui, being absent I de­créed, 1. Cor. 5. seeing they had ministers of their owne, and willed the denuntiation of the said excommunication afterward to be doone openlie in the church? And at the time of his ab­solution, Paule being absent saith, To whom you forgiue any thing, I forgiue also. Likewise speaking of the ana­thematisme of Hymenaeus and Alexander: I haue giuen 1. Tim. 1. them vp vnto sathan, not naming either their owne mini­ster, or anie segniorie. But we must yet a little fol­lowe our author leaping backe for Another reason, to prooue that This statute hath appointed the discipline of [Page 60] Christ to be ministred as the Lord commanded onlie, and none otherwise: which we will easilie grant him, vnder­standing it in a generalitie, & not as though euerie parti­cular ceremonie, rite or circumstance of externall policie, if they had beene (as they are not) in scripture mentioned (but being not commanded) were at an inch to be follow­ed. For else how could the primitiue church without any prescript word (I doo not onelie saie haue brought in a new ceremonie) but haue altered the sabboth daie by God ap­pointed at the first, and being our saturdaie, vnto the first daie of the wéeke in scripture twise or thrise called the Lords daie, and with vs sundaie: or yet the time of recei­uing the sacrament of the eucharist, being according to the institution vsuallie receiued after supper, to haue it re­ceiued as it is in the morning fasting? His reason for the proofe of this conclusion I gather vp thus: If this part of the booke doo not abrogate all discipline vsed in time of poperie, amongst the idolatrous priests, as well as their false doctrine and prophanation of the sacraments, then dooth it ordeine nothing: but it dooth ordeine something, or else it were an absurd law: Ergo, it abrogateth discipline vsed in poperie. If this conclusion were granted, yet his matter he hath in hand would not here vpon be prooued; to wit, That therefore discipline is no otherwise to be mini­stred, than the Lord Christ hath commanded. But I haue shewed afore this Minor to be false, and that those words of the Bishop doo not dispositiuelie ordeine or abrogate anie thing for discipline, more than they doo for the doctrine or sacraments which were prouided for by other acts, and not by these words, which were indéed absurd once to be imagi­ned. Also his Maior foloweth by no consecution: for it might haue béene that those words had ordeined some­thing, and yet not to haue abrogated all the discipline vsed in poperie, except it had by him first béene shewed, that the same was contrarie to the commandement of the Lord, and otherwise than this realme hath receiued it. Which be­ing [Page 61] not prooued, we may conclude, that he hath in all this section plaied vpon the Petitio principij, a fallacie not fit for his person pretending some learning, and too plaine for a man to be ouerséene in. And therefore in his conclusion hereof, he might haue spared his vehement expostulation of [Open wrong, and intollerable iniurie by the cheefe A proud and insolent terme, full of pharisai­call con­tempt. prelats, for denieng to the saints of God, the discipline they call for, &c.] But if he meane the discipline passiuelie, I thinke he and his felow saints haue had some wrong at the chéefe prelats hands a great while. If actiuelie, that eue­rie minister without checke might haue the execution of all discipline in his owne parish, I doo verelie beléeue, that this man and others, who so earnestlie call for they know not what, if they might not be themselues also elders, anci­ents, or what you will, sauing priests of the segniorie, would be the first wearie of it. For if I knowe their dispo­sition any thing, they are as vnpatient as any men, to be at controllement, and most of all by a poore minister.

19. Section. Pag. 37, 38, 39.

THe question heere asked, whether It was the meaning of the parlement, that the Bishop should command an apothecarie not exercised at all in the holie scriptures, and altogither vn­able to teach, to be notwithstanding a faithfull dispenser of the word of God, and to take authoritie to preach? hath a verie readie answer, that it was not their meaning, that any Not ex­ercised at all, and altogether vnable, should so be comman­ded or authorised. Neither yet is it to be gathered hence, that they ment to haue none admitted, hauing otherwise competent gifts of learning, and reasonablie trained in the scriptures, but such as could discharge the dutie of a preacher, as this man else-where would inforce. For to what purpose then should that limitation haue serued, [Page 62] which the booke addeth (but our author passeth ouer as though he saw it not) to wit, To preach the word of God, and to minister the holie sacraments in the congregation where thou shalt be so appointed? The second question, Whether their meaning was to bind the minister to per­forme by himselfe this dutie to preach, or that it should be done by a third person; I take may truelie be satisfied thus: that neither the minister if he be not able, and there­fore not authorised well to discharge that great worke of preaching, should himselfe preach: neither yet if he were authorised, and no other impediment hindering, that he should loiter himselfe, and post it ouer to another. And therefore he might haue spared to haue alledged his two texts, as one and with one quotation, being no more to purpose, but that he ment to disport himselfe a little with his [Maisters the doctors of the canonlaw,] which elsewhere he saith haue by ordinance long since béene inhibited from taking any such degrée, and Doctors of the ciuill law: Bur­gesses in the house of parlement. Pag. 240 Truelie his skill in law appeareth to be so little, that a verie doctor Buzbie might well beséeme to be his maister in law; and yet his memo­rie is so fickle, his inconstancie so great, his passions so furious, his pen so slanderous, his mind so haughtie, and his words so virulent in this booke, that an honest quiet man, though he were not troubled with parlement mat­ters (as this man is Iwis more than becommeth him) would be loath to be troubled with such a headie scholar. The other member of this text alledged out of the §. Si quis alium institut. de inutilibus stipulationibus, if he had not taken it out of some summarie by retaile, as appeareth both by his receding from the words of the text, and by iumbling two texts in one, would haue put him in mind, how little it maketh for his purpose. If a man (saith the law) haue so­lemnlie promised to procure that Titius shal giue so much, he is thereby bound: though if he promise that Titius shall giue so much the stipulation be void. The other examples [Page 63] brought by him, being so by the first disposition tied to one person, that it is not sufficient to haue them doone by ano­ther, doo not prooue generallie, that where anie person is ap­pointed for the performance of a matter, that it must be done by himselfe personallie, no not alwaies where the in­dustrie of the person is especiallie elected, as appéereth in our Sherifs though personallie sworne, yet allowed by law their vndersherifs. And the ciuill law saith: He l. 5. ita au­temff. de ad­min. & peri­cu. tut. §. quod si quis. seemeth to haue delt in a gardianship of a ward or pupill, that hath delt in it by another man. And l. 22. non so­lùm ff. de li­berali causa. againe: We are to take it, that he is said to haue bought, which hath bought by ano­ther man, as peraduenture by his attournie. And therefore though it néed not be so said in this place, yet these his alle­gations notwithstanding, a minister might haue perfor­med this dutie by him vndertaken, by a third person law­fullie. But here the minister is onelie to promise to Preach if he be so appointed. And the Fourth iniunction addeth Reg. iniun. act. 4. herevnto, that if he be licenced herevnto, he shall preach in his owne person at the least euerie quarter of a yeare one sermon, for the which end, the Ordinaries in most places do require of such as be not fit to be licenced to preach, that they procure such duetie to be done by another, which is able to performe the same, and is licenced according to order. Where he asketh, Whether the meaning of the parlement were to haue the Bishop iudge the reading of homilies to be preaching, it may be said that reading of homilies in a strict signification cannot be accompted preaching; yet they serue to edifieng, and are a kind of publishing the Lords will, euen as well as a sermon being penned, is, and vttered foorth vnto the people: and they were not by the Bishops, but by hir Maiesties owne authoritie and in­iunctions vnder the great seale of England, recommen­ded Iniunct. 27. vnto all Ordinaries to sée amongst other things, that all ministers being no preachers should read them in sup­plie of sermons, for the banishing of ignorance & blindnes. And therfore I doo the more maruell why our author should [Page 64] aske this question, Whether the Bishop may commit the office of reading homilies to a minister, and so confident­lie to auouch that he may not? One reason for proofe of this he bringeth; séeing Three kinds of offices are appointed to be in the church, deacons, ministers and Bishops: eue­rie officer hauing his seuerall dutie expresselie appointed, as reading homilies, to be the office of a deacon: that ther­fore One priuate man and fellowe-seruant may not trans­pose from his fellowe-seruant, an office committed vnto him by publike authoritie, which he inforceth by this, that Statute law is Stricti iuris, and may not be extended. Here I will also aske him a question, séeing his worship will not permit to His lordship, that which no Bishop neuer went about to doo of his own head and authoritie; Whether dooth he permit vnto hir Maiestie (notwithstanding this distin­ction of offices and strictnes of statute law which full wise­lie he alledgeth) any power to take the reading of homi­lies, which he will néeds appropriate to a deacon, and to laie it also vpon euerie minister? If he will be so good vn­to hir Highnes, as to grant hir this libertie, it may please him besides the fourth iniunction before alledged to peruse the 27. and 53. iniunctions, where expresselie all parsons, vicars, and curats, are inioined to read some homilie when there is no sermon, whom I trust he will not therfore con­clude, either to be all deacons, or to transpose with­out authoritie the office of their fellow-seruant vnto them­selues. But to tie the reading of homilies vnto deacons, is so farre from all apparance or colour of truth, that in the selfe-same place, where he curtailed rather than abrid­ged the office of the deacon, the booke setteth downe: that it is a part of the deacons office to read holie scriptures and homilies in the church, Where he shall be appointed to assist the priest, not thereby that the priest is excluded from reading scriptures and homilies, if he so thinke good, or be commanded, and therefore much lesse where no such dea­con is appointed to assist the priest. And if this new topike [Page 65] place were allowable, then hereof we might reason thus: Bishops (as this man hath confessed afore) by the ordi­nance of the realme are to execute discipline; Ergo, the in­feriour His argu­ment recor­ted against himselfe. minister being another distinct officer, may not transpose it to himselfe, as in the other section he auouched. Also, ministers are to preach; Ergo, Bishops being of a di­stinct office may not preach, contrarie to all that which a­fore he hath spoken against dumbe prelats. Againe, Dea­cons are by their office by law set downe to instruct the youth in the catechisme, to baptise and to preach, if they be admitted thereto by the Bishop; Ergo, ministers being a distinct office from deacons (and statutes being strictlie to be interpreted) are neither to catechise, baptise nor preach by his owne doctrine, and where is then his learned mini­sterie? And therefore I take it that I may safelie conclude without offense to his wisedome, that either héere he doa­ted, or else he hoped his readers would be such affectionate dotards, as that he might with anie shew or vizard of likelihod as héere, or by racking, wringing, wresting, and curtailing, as in diuerse places else-where, without their further looking vnto him how plainelie he dolte, easilie abuse them.

20. Section. Pag. 40, 41, 42, 43.

NOw in this section to make the matter in his behalfe séeme more probable against the Bishop, he fra­meth a silie answer (God wot) in his name, that Seeing by statute he one­lie hath authoritie to make deacons and ministers, and to gouerne them, that therefore it beseemeth a minister no otherwise to preach, than as he shall be licenced therevnto by him the Bishop. But yet bicause this fiction was so apparentlie vnprobable, he was content also to temper it thus, Other­wise than according to the forme of the booke. And indéed [Page 66] I cannot sée, but that this may and ought to staie any from enterprising to preach in a setled church as this is, sauing such fanaticall spirits as will shooue them-selues into the office of preaching, without any externall and lawfull cal­ling: seeing that in this church of England, this booke is the onelie externall forme we haue, of calling men into any function in Gods church. Now touching the former matter, Whether the Bishop might commit the reading of homilies to the minister, bicause our author warilie fore­saw, that both the iniunctions and aduertisements publi­shed by sufficient authoritie, would to this purpose be alled­ged: he séeketh to vntie that knot thus. Bicause That (he saith) which was confusedlie and indistinctlie appointed in them to be done by parsons, vicars, and curats, whereof (as it fell out) some were deacons, and some ministers; is now by this statute made 8. Elizabeth, after both the other bounded and limited so, that euerie proper office should be allotted to his proper officer. But by the way he scatte­reth a riddle as he runneth, when he saith; The iniunctions, aduertisements, articles, and this statute dooth bound and limit the meaning of the iniunctions and aduertisements: yet I thinke he meant onelie, that the statute bounded the meaning of the other two: and therefore she was to blame that taught him so long to go, before he had learned to speake well. For the vntruth of this allotment of euerie peculiar function to his proper officer, although some are peculiarlie tied vnto one, and not attributed to any other, I referre the reader to the booke it selfe, and to that which was said in the last section. And so I doo this, which a little after he gathereth, Ex vno absurdo quasi concesso: That the of­fice [...]. of the deacon is onelie to read the scriptures and ho­milies by that statute. Now to open more fullie the vani­tie of this surmise, as though the statute 8. Elizabeth, ment to redresse reading of homilies by ministers, thorough making a more orderlie distinction of offices than afore: you shall perceiue by perusall of the bodie of that statute [Page 67] and preamble, that the forme and maner of making and consecrating Bishops, priests, and deacons, was not deui­sed then anew, but was put in vre and established in the daies of king Edward. And though Ad maiorem cautelam, for the auoiding of cauils, of traitorous and slanderous papists, the same booke was then established by that act of parlement, yet dooth it in the preamble thereof, by manie reasons prooue, that the said booke had the force of law be­fore. And therefore it is verie propheticall for that booke, which was penned in king Edwards daies to Bound, limit, Articles of religion. art. 36. applie, and distinguish offices confusedlie deliuered by hir Maiesties iniunctions and aduertisements, which were long after framed. And where our author had said, that A minister must minister the doctrine and sacraments, and discipline of Christ; what néeded he to haue added And preach onelie, if (as afore he would haue inforced) vnder Doctrine or teaching, preaching be necessarilie alwaies emploied? But afterward, vpon better rubbing of his memorie, he telleth vs, his meaning is not to Exclude the minister from reading the scriptures, and praieng with the people: duties without which preaching cannot be done. If by reading the scriptures, he meane the ministers pri­uate studie; then he reasoneth not Ad idem, which is igno­rance of the Elench. But if he vnderstand the reading of scriptures in the church, then I sée no cause whie by his owne platforme, the minister should read any scriptures there, besides his theame for his sermon: naie, how can he read any scriptures, when the deacon hath read them all Contrarie­tie of the au­thor vnto himselfe. afore? And if he will needs read the scriptures publikelie, whie should he be suffered (by this mans construction) to inuade The deacons proper office, and to transpose it to himselfe? And therefore the copie of the supplication and submission of the Bishops, which he hath here drawne in their behalfe, as though through their [Abusing of hir High­nesse lawes] no meanes according to law could be found, for reading of homilies, where the minister is no preacher, [Page 68] but by a deacon; he may well spare till they haue nèed of it: at which time peraduenture they will procure a better clearke than he is to pen it. Yet hèerein also either he or his printer hath vsed a prettie cunning, by prefixing there vn­to a Latine beginning, and vsing for fiue or sixe lines an Italian letter, differing from the other Romane, bèelike to the intent that some simple credulous creature might belèeue this to be an allegation out of some law, which are vsuallie printed in this his booke in the same letter. The o­ther reason which he bringeth for further proofe of this in­compatible distinction, of that part of the deacons office, which is in reading of homilies, from the ministers office, as I conceiue it, is to this effect. All things about the or­dering of the minister, tend to admonish him of his dutie in teaching and instructing the people, and in preaching: But the whole action of ordering deacons, tendeth to admo­nish him of his office in reading: Ergo, a minister may not be forced to read homilies in the church. First neither part of his antecedent is true. For the first part is prooued false The Abstra­ctor contra­rie to him­selfe. both by the booke it selfe, not naming at any time in the ministers office Preaching, but with this limitation Where he shall be so appointed: and by the author him­selfe, Pag. 33, 34. 35, labouring in one whole section to prooue that the mini­ster hath also the execution of discipline committed vnto him. And shall we forget (as he dooth) that he is authorised also to minister the sacraments? The second part is euen as true as the former, both as is shewed out of the booke afore, and by the authors confession within sixe lines after, where the saith, The prouision for the poore is appointed also vnto deacons. Besides all this, the argument follow­eth not, as is euident; bicause the booke it selfe attributeth two or three seuerall duties or functions to two or three se­uerall offices. As to baptize, to deacon, minister and bi­shop. To preach, to them all three, so the two first be licen­ced, to minister the sacrament of the [...]upper, to the minister and Bishop: and if we may belèeue our author, the executi­on [Page 69] of discipline to them both. And whie therefore may not a minister read homilies, as well as read scripture in the church, though both they be in some sort required of a dea­con, if he be by the like authoritie of law commanded ther­vnto, as hath bèene prooued afore that he is? And where our author hèere further saith, that The parlement house had a singular care to haue these offices of minister and deacon, eune as they are distinguished by the law of Christ himselfe, it is a testimonie, that in those two great offices, the externall policie of our church is according to the commandement of Christ, in this mans opinion.

21. Section. Pag. 43, 44.

OUr author hauing laid downe before, that the booke of ordering priests and deacons, r [...]quireth of eue­rie minister to be a preacher, and fore­sèeing a storme towards him, chooseth rather to be conuicted of falsifi [...]ng than of this falsehood. For where the booke prescribeth, that it shall be said to euerie minister to be ordered, Take thou authoritie to preach the word of Manifest fa [...]sificati­on by the author. God, &c: in the congregation, when thou shalt be so ap­pointed; he leaueth out the most materiall word, so, of li­mitation, and falleth to descanting vpon the signification of When and where, to diuert our eies from espieng of the other fowle corruption. Although if he were so great a clearke in law as he would sèeme, he could not be igno­rant that Vbi sometime importeth time as well as place, and also implieth a condition with it: as if a man giue a legacie to his daughter by these words; Vbi ea nupsisset, Where she shall be married: it is to be vnderstood saith the Gl. in l. 45. s [...] ita sit scrip­tum §. finali de legatis 2. & Bartolus ibid. glosse there, That is, after, or when, or if she shall marrie. And thereuvpon Adde Bar­tol. in l. 1. ff. de condit. & demonstr. mi. 19. &. Bald. in l. 3. C. de probat. ver. sequitur de & Oldrad. cons. 47. con­sueuit tari. Bartolus noteth, that the aduerbe Vbi, where, dooth implie a condition. But if it had not bèene [Page 70] the mind of the law-makers by these words So appointed, to restraine them from preching, without further approba­tion vpon triall of their abilitie thereto: then both in vaine had the word So bèene vsed, and with better sense might haue bèene least out, which in so short and so principall a sentence of this action is not to be imagined to be super­stuous: and also the word Appointed without a further word, as To serue or such like, would haue made no perfect sentence: and therefore must nèeds be vnderstood, like as the generall vsage since, Quae est optimus legum interpres, dooth interpret, that they haue authoritie giuen them To preach where they shall be so appointed. Neither in vaine is preaching spoken of at their first ordering, both to put them in mind what ought to be their principall endeuour, and to giue vs to knowe, that as mèere laie men be not enabled to this office, so it is not conuenient that a licence to preach be giuen vnto any, but to such as being in some function ecclesiasticall, haue addicted themselues to serue the church according to their abilities, in all the functions incident to that calling.

And whereas he dooth alledge, that if this sense, which he inforceth, Were not the naturall meaning of the statute, then to administer the sacraments might as well be for­bidden without speciall licence in writing. I answer that though at the ordering, authoritie to preach and to mini­ster the sacraments be giuen, according to the limitati­ons there set downe, yet hereby they are not hand ouer head, where it pleaseth them to rush into other mens charges, but are to expect a licence in writing to bound them, where they may lawfullie administer the sacra­ments, which is done by letters of collation, institution, or donatiue temporarie or perpetuall. And thus he sèeth, there is so much to helpe our turnes, besides the canon law, that he thought it best to leaue some of it out for his more aduantage.

22. Section. Pag. 44, 45. 46, 47.

YEt, bicause he seeth the coast is not cleare, by reason as well the c. excommu­nicamus vlt. §. quia verò Ext de haere­ticis. ca­non as hir Maiesries iniunctions be­fore alledged by me, doo require a spe­ciall licence to authorise a minister to preach, yea euen in his owne cure; he felleth vs a tale (not of a rosted horse) but of his owne graie ambling gelding, which he could giue vnto me if he would, onelie by giuing me the keie of his pasture, and bidding me to take him vnto mine owne vse of his gift. But what if he should [...]dde also & saie; Soft sirra, are you gone so soone? my meaning is not that you shall take him away, or haue any vse of him, except vpon your desert I shall thinke good to ratifie this my figt vnto you vnder my hand and seale hereafter: may I (thinke you) herevpon be so bold, as of mine owne head before I haue his hand & seale, to breake open a gap in the hedge, and ride awaie with him? Truelie how he would take it I know not, but I feare me my mistresse his wife would thinke me verie hastie, vpon so slender a warrant to ride awaie with his graie ambling gelding, and peraduenture I should fare the woorse at his hand also for my snatching. Whereby he may sèe, that this is but a Wrest of a gooses quill, indeed not fit to set these Iars and ods in tune accor­ding to his purpose, which differeth [...] srom the true meaning of the canon and iniunction. The reason he bringeth, if onelie By the licence to preach, authoritie therevnto were giuen, that then the making of a minister without a congregation, should hereby be committed vn­to the Bishop, dooth no waie follow: sèeing that preaching is neither the onelie office of a minister, neither dooth the booke of ordering, authorise simplie euerie minister as a­fore hath beene shewed, but such as shall be So appointed, whereof the Art. 8. in­iunct. R [...]g. iniunction declareth the particularities: for [Page 72] how can it appéere to others that he is licenced, but by wri­ting? And in like sort is that reason out of the Eight in­iunction. Bicause ministers are inioined to suffer no man to preach within their cures, but such as shall appeere to them to be sufficientlie licenced therevnto; Ergo, speciall licences to preach, are onelie for men to be admitted to preach in other mens cures. The reason of which consecu­tion must néeds be this: A man may not without licence preach in another mans cure; Ergo, he may without li­cence preach in his owne: which is apparentlie grounded of no reason, A negatione vnius disparatorum ad positionem al­terius non valet argumentatio. As if he should reason thus; None but a freeman of Yorke may vse any trade in that citie, therefore without any fréedome a man may doo it in the citie of London. Or thus; Whosoeuer denieth our au­thor to be a puritane, saith true: but whosoeuer saith he is a foolitane, denieth him to be a puritane (bicause that he him­selfe hath made an antithesis betwixt them) Pag. 91 Ergo, whosoe­uer saith he is a foolitane, saith true. His other reason out of the iniunction, which saith, No other shall be suffered to preach out of his owne cure, than such as shall be licenced, Ergo, euerie one in his owne cure may preach vnlicenced, dooth no waie follow by the rules of Logike. For, licenced and vnlicenced, in his owne cure, and not in his owne cure, are no contraries, but contradictories; which begin­ning with the vniuersall negatiue, admitteth no consecu­tion, but his own contradictorie with a negation: as thus, None vnlicenced may preach out of his owne cure; Ergo, some not vnlicenced (that is licenced) may preach out of his owne cure. Yet I grant the lawe admitteth diuerse times such reasonings, and they are called A contrario sen­su, and grounded vpon this rule, Quod 32. q. 1. c. dominus. exceptio firmat regu­lam in casibus non exceptis, an exception dooth giue strength to a rule in cases being without the compasse of the excepti­on; whereof there be diuerse examples in the ciuill law: insomuch that it is called by Papinian, [...] 1. § hu­ius rei Fortissimum argu­mentum, [Page 73] in one place. Yet notwithstanding it hath diuers ff. de officio eius cui mād. est. iurisd. l 20. § mulier ff. de testam. l. 8. § si igno­rantes ff. mandati. L. 3. §. prima verba. ff. de sepulchro vio. l. 26. §. cum inter ff. de pactis dota­libus. limitations, wherein it dooth not hold; and namely, l. 2. §. fin. ff. de donationi­bus. L 6. ff. de con­dicti. causa dati. L. 1. §. quod vulgo ff. de vi & vi arm. l. vlt. §. fin. ff. de iuris & facti igno. where the mind of the law-maker is otherwise, as where it is put onelie by waie of exposition, and not condition: or Instit. de haeredita. qu [...] ab intesta­to §. 1. where the law dooth otherwise specially dispose, as in this case it both hath béene afore shewed sufficientlie, and ap­peareth also by the fourth iniunction; where it is said they shall preach in their cures, Once at the least in euerie quar­ter of the yeere, in their owne persons being licenced espe­ciallie therevnto, as is specified hereafter, that is to saie, (as is in the eight iniunction) either by hir Maiestie, one of the Archbishops for their prouinces, the Bishop for his dio­cesse, or by the Queenes Maiesties visitors, to which we may adde, or by one of the vniuersities of Oxford or Cam­bridge, their privileges since that time being by act of par­lement confirmed, wherof this is not one of the least. And lastlie it holdeth when the like reason is in l. 14. §. 1. ff. de seruo cor­rupto. both the con­traries: as it is in this point. For there is as good reason that a minister should be forbidden to preach in his owne cure, as in another mans, if he be not able to deliuer sound doctrine in that forme, as such high mysteries ought al­waies and in all places to be handled. The other argument brought in the last place, Whereas (in king Henrie the fourths time) restraints were made for preaching, and yet none were forbidden to preach in their owne parishes; that therefore in their owne cures none now are or ought to be forbidden: is a verie féeble reason. First, there is a great difference betwixt Not licenced and forbidden. Againe, Viueudum est, we must liue according to our owne lawes now, and not by examples forepast. Further it commeth néerest to a reason A simili, but then it should conclude, that as they ought not, so neither ought we. And not thus, They did not forbid it, therefore we may not forbid it. And here also he driueth vs like water spaniels to séeke out once againe, where we may find that, which perhaps he was not willing we should hit of. But first I would ob­serue, [Page 74] if it were not vsuall with him Theonino dente rodere, his disloiall and vndutifull carping at hir Maiestie and hir lawes, where he saith: The verie same lawes were establi­shed Distoiall speech a­gainst hir Maiestie. against Wickliffe and his brethren to staie the course of the gospell: hauing spoken afore immediatlie of hir Highnesse iniunctions. Secondarilie I find by the peru­sall of the Const. prou. 1. de haereticis verb. si ta­men. constitution it selfe, that he hath cut it off by the waste, in that which most directlie maketh against him. For in the next words following his first allegation, is ad­ioined an exception, whereby (vpon occasion) beneficed per­sons may by the Bishop be inhibited or suspended from preaching or expounding euen in their owne cures. And if it were not so, then this being but a prouinciall constituti­on, which cannot derogate from the canon law, afore in this section alledged by our author, should be meerelie void. Yet to make it more plaine, what great doughtie sermons these were, which beneficed persons in their owne cures were (in this great restraint pretended) suffered to vtter: Forsooth they were nothing but that shallowe paraphrase Const. prou. ignorantia sacerdotum de off. Archi­presbyteri. afore spoken of, which they might simplie conne without booke, and preach to their people, but they might wade no further as appeareth in this ibid. §. sa­cerdotes. selfe-same constitution. And therefore this is farre inough from giuing any authoritie to all ministers to intermeddle with preaching, without further licence than their ordination to the ministerie. The obiection, which to this purpose against the author might be brought out of the aduertisements, he handleth as Alexan­der did Gordius knot, which bicause he could not handsom­lie vntie, he hewed it in sunder with his sword. And so dooth he, by denieng the authoritie of them, bicause they are not with priuiledge, nor printed by the Quéenes printer, although they were commanded by hir Maiesties expresse letters. And is any man to surmise, that those reuerend and wise Fathers, who subscribed vnto the said booke of ad­uertisements, would or durst publish them in hir Maie­sties name, and as by hir Highnesse authoritie and let­ters, [Page 75] dafed such a certeine daie, if it were not so: or that they would enterprise to forbid or restraine that which the law had so exactlie charged and commanded, as this man dreameth? But it is the guise of little children, where they cannot read, there to skip ouer. But this matter is cleare­lie determined by a later 13. Elizab. cap. 12. statute than all these, which yéel­deth a preheminence (excluding all others) vnto a preacher lawfullie allowed by some Bishop within this realme, or by one of the vniuersities of Cambridge or Oxenford, to haue a benefice of thirtie pounds a yeare in the Quéenes bookes, in like sort as a bacchelor of divinitie by the said sta­tute may haue. Now if euerie one ordeined a minister by a Bishop, were thereby by the secret operation of law, ad­mitted withall a preacher by the said Bishop, then were this no prerogatiue to a bacchelor of diuinitie or to a prea­cher, when as euerie minister should be as capable of a be­nefice of that value as they, and so the statute should be absurde and elusorie.

23. Section. Pag. 47, 48, 49, 50, 51, 52, 53

HAuing had so hard hap with par­ticular proofes, he héere commeth to a generall reason or presumption. Bicause Statutes in doubtfull points are to be interpreted by the common lawe, and so that they may as little preiudice the same as may be, and for that the calling, triall, examination, and qualities required, are spoken of about making deacons and ministers with­out particular mention of what sort of calling, triall, exami­nation, or qualities, and for that the makers of the Act were men desirous to promote the glorie of God, therefore such calling, triall, examination and qualities are ment, as are requisite to be in those two callings by the law of God: which he prooueth also to be likelie By the praiers and places of scripture vsed in that action. Touching his conclusion, I [Page 76] can easilie assent vnto it. If this withall be vnderstood, that if either in this forme of ordering, or in any other forme in any reformed church, euerie speciall circumstance vsed, be not Modo & forma found in the word of God, as indeed it is not possible, yet notwithstanding if nothing therein be re­pugnant Articles of religion. art. 34. to the word of God, that it may and ought to be accompted in this action, and all other of externall policie, to be agrèeable and according vnto it, and to be that which is required by the law of God: yet the conclusion follow­eth not of those premisses, for he should haue inferred, that such calling, triall, &c: is vnderstood as the common law dooth set downe. Now as touching the qualities required in a priest or minister by the canon law, which is the common law ecclesiasticall, no such matter of preaching is required of him, nor no necessarie tieng vp of the deacon onelie to reading of homilies. Ad c perlectis §. ad presbyte­rum dist. 25. presbyterum, To a priest (saith the canon) it belongeth to performe the sacrifice of the bodie and bloud of the Lord on the altar of God, to praie, and to blesse the gifts of God. As concerning his allegation out of Panormitane, there is no such chapter in that title, wherevpon he might write: yet I find in him vpon the said title this conclusion, that The Abb. in c. cum dilectus Ext. de con­suetudine. words of a statute ought to be construed either most largelie or most strictlie, to the intent that the correction of the common law may be auoided by such interpretation. Yet this moderation, as the law else-where teacheth vs, that Ibid. §. in gl. ver. nec iuri. per l. 2. c. de noxal. & per Bart. in l. om­nes populiff. de iustitia & iure. Where the words are euident, there we ought not to take an vnproper sense of them, to the intent to reduce them to the common law, but where they are doubtfull or haue a double vnderstand­ing, whereof the one is proper, and the other vnproper, then we ought to take in interpreting euen the vnproper sense, that by it we may swarue so little as may be from the com­mon law. But in such maner also, As Abb. in c. cum dilectus Ext. de con­suetud. that we swarue not from that sense which custome yeeldeth, although by som­thing happening afterward, it should appeare that such sense were not good: bicause custome hath a power of in­terpreting, [Page 77] of derogating and of imitating, whereby it sup­plieth where law faileth. So that I would gladlie learne what words are so doubtfull, or of so diuers significations in any of our statutes or in [...]unctions, touching the autho­rising of euerie minister without further licence to preach, and barring him from reading homilies, as that for auoi­ding of a contrarietie betwixt them and the canon law, and for the reteining of the vsuall meaning of them, which the custome of this church hath yèelded, we should be forced to follow our authors fansies herein: naie the custome of this church (I am sure) he will not denie, but that it is a­gainst him. Moreouer one of his chèefest assumpts, to wit, That no kind of particular calling, triall or examination is set downe by the said booke so by act of parlement confir­med, is vtterlie vntrue. For the preface of the booke saith An b [...]truth. thus: It is requisite that no man shall execute anie of the said offices (not being at that present time, Bishop, priest, nor deacon) except he be called, tried, examined, and ad­mitted according to the forme hereafter following. And if so be that none of these be specified or declared in particu­lar Pag. 7 6. & sic deincep [...] (as he here affirmeth) why dooth he kèepe such hot schooles a little after, sèeking to prooue that they are no ministers nor deacons indèed by law, which haue not bèene made ac­cording to this exact forme of calling, triall, examination, &c.? But to what purpose dooth he bring this reason, except he would haue shewed vs withall, what that Calling, triall, examination and qualities be, which he supposeth to be re­quired by the law of God, and which They the Bishops, (whome as I take it he meaneth) by waie of supposall are by him indirectlie charged to haue broken? Naie, he sup­poseth In them vnfaithfulnesse to the Lord, accompting his waies not the best waies, nor his counsels not the wi­sest counsels, that they haue set the consultations of the grauest senators, and wisest counsellours, and cheefest ru­lers of the land behind their backs, that they make their will a law, and that they are not ruled by reason. Truelie [Page 78] if these his crooked, virulent, and contemptuous accusati­ons of such men, reaching so high as to charge them with apostasie, and these mutinous sèeds of dissention sowne betwixt them and other great men of the land, be to be to­lerated in a published and printed libell, though they were true and iustifiable; then I doo not sèe, but that euerie other lewd disposed person will take the like boldnesse vpon any discontentment, to whet his dog eloquence vpon any the best and best deseruing within this common-wealth. For Psal. 64, 3. they haue whet their toong like a sword, and shot foorth their arrowee bitter words. Therefore we will praie with the prophet, Let the lieng lips be made dumbe, which cruellie, Psal. 31, 18. proudlie, and spightefullie speake against the righteous: and deliuer our soules (D Lord) from lieng lips, and from Psal. 120. a deceitfull toong, which is as the coles of iuniper.

24. Section. Pag. 53, 54.

OUr author omitting to declare vnto vs the Maner of calling, &c: of ministers and deacons, which is requi­red by the law of God, and required also by the law of this land (as he tel­leth vs) and leauing it to the dèepe con­siderations of such as know his mea­ning, if he doo but gape vpon them, dooth in this section in­treate of Another maner of calling and triall by other po­sitiue lawes required, charging the Bishops, euen by their owne records, to haue neuer or verie seldome vsed any of them. So that sèeing he exacteth of them in this action, first [...]bs [...]ditie in the au­thors plat­forme. the obseruation of the booke for the forme and maner of procèeding therein, next the calling, triall and examinati­on required by the law of God, and lastlie now another maner of calling required by other positiue lawes: it had beene mèet that either he would haue set downe all these threè forms to be one, and to agrèe in euerie circumstance, or else to haue prescribed vnto them, which of the thrèe they [Page 79] should vse, that so they might auoid his high displeasure and indignation against them. And I would he had vouch­safed to let himselfe so much downe, as to haue told vs where these positiue lawes which he alledgeth are written, Dist. 24. c. quando E­p [...]s. being indèed the canon lawe conteined in the decrees. Wherein I find a difference from the forme by act establi­shed, which appointed the Archdeacon to examine and pre­sent those which are to be ordered: Whereas here The el­ders Vide sect. 26. & sect. 40. indeed priests are to present, and certeine ministers and others skilfull are to trie and examine them. The forme of calling, which these positiue lawes that he spea­keth of, doo meane, is nothing (as he saith) But a proces to be fixed vpon the cathedrall church doores, or a proclama­tion by an apparitor the fourth daie before the ordination, signifieng that such a daie the Bishop will make deacons or ministers, warning such to be present as will offer them­selues meet men for that seruice. If this be true, and also, that Three daies together they are to be examined before the daie of ordination, truelie they haue but Skarborough warning so suddenlie to be called euen the first daie where­on they are to be examined. But he saith this Maner of cal­ling is also commanded by the booke though briefelie, in these words; When the daie appointed by the Bishop is come: certeinlie he had nèed to haue a head full of procla­mations, that can picke out of these words such a solemne calling or proclamation. But whie dooth he not also tell vs whether of the two, or whether both of them be ment by this law, that is to saie, the intimation vpon the church doore, or the apparitors proclamation? And where the articles of re­ligion doo determine, That none may take vpon him the office of publike preaching or ministring the sacraments in the congregation, before he be lawfullie called and sent to execute the same: vnderstanding hereby the whole acti­on Dotable wresting and falsi­fication. of externall vocation, which he restraineth to the letters of intimation, or to the apparitors proclamation, whereby signification is giuen of the daie of solemne giuing of [Page 80] orders: he dooth heerein notablie abuse the patience of his readers, whome he thinketh verie sottish, if they can make no difference betwixt these two kinds of callings. But as no man denieth, but that it is requisite some pub­like notice should be giuen a conuenient time before anie solemne daie of generall ordination prefixed doo come, to the intent (as he saith) men méet for that seruice may then and there offer themselues: so if héereby he will sucke any matter to obiect against such Bishops, who vpon especiall occasions, and with more due triall and examination than can be had, where such a confused multitude at once must be run ouer, doo laie their handes vpon one or two well knowne vnto them, without any such solemne notifieng thereof, he shall rather hereby argue his spitefull stomach against them, than anie care he hath of reformation or ob­seruation of law, which he dooth pretend sometimes, when it séemeth to accord with his humor. For it is notorious, that such of the Bishops as haue kept that course, haue sent abroad more sufficient preachers, and fewer of meane gifts haue escaped their hands, than possiblie can be per­formed at those generall ordinations. And dooth not our author himselfe dissallow in a whole treatise, as Vnlawfull, Contra­rietie. to ordeine a minister without a title? which platforme can no waie stand with this generall publication of orders, for all commers found méet therevnto, without respect of ha­uing or not hauing anie place void in the diocesse allotted foorth vnto them? Conueniet nulli, qui secum dissidet ipsi.

25. Section. Pag. 54, 55, 56, 57.

IN this section, conteining the maner of triall and examination of such as are to be ordered, I doo obserue (though not so fauourablie dealt with as to knowe by him) what warrant his first allegation c. quando Epūs dis. 24 hath, and whence he borrowed it; that this exact triall [Page 81] which the canon setteth downe, dooth not require in special­tie such perfection of learning, whereby the partie to be or­dered must of necessitie be thought worthy to preach, which is the principall issue by the author to be prooued, and that it prescribeth saturdaie for ordinations. Also vpon the words of the constitution of Otho. requiring a search & in­quisition to be made by the Bishop, our author hath gathe­red Wresting of law. a scrutinie to be required, that by taking of voices in allowance or dissallowance of the parties to be elected, which is the nature of a scrutinie, he might belike transub­stantiate the Bishops inquirie into some popular election of their ministers. And it séemeth for that end also he did bring the comparison of procéedings in the Uniuersities, whereby he might insinuate, that as the Uicechancelor there dooth but in the name & behalfe of the greater part of the regents of that facultie which haue yéelded their suf­frages, admit the graduate presented; so the Bishop should be thought to haue no further authoritie, but to admit such as the electors and examinors haue allowed as fit men for that calling. For although it was easie for him to espie many other differences, yet he obserueth but this vari­ance onelie betwixt the trials vsed in conferring degrées in the Uniuersities, and in conferring of orders, that the triall and Examination at giuing orders consisteth in the interrogatories, betweene the Bishop demanding and the partie answering. But no such matter is ment, as to pre­scribe an electiue scrutinie, which he would insinuate, but onelie a scrutinie or inquisition, which the Gl [...]bidem in verb. ante. glosse therfore calleth Scrutinium examinatorium, and the text Indagatio dili­gens, that is, a diligent inquirie. Which examination both in this constitution, and in the glosse vpon the decretall by him alledged, mentioned: is not so necessarie and substan­tiall a solemnitie, but that it may be omitted vpon occasi­on, euen as well as it may be committed vnto others be­sides the Archdeacon as we sée heere. Although our author [Page 82] forgetting what here he had said, dooth afterwards vrge such a necessitie in the archdeacons presentation of mini­sters vnto the Bishop, which is grounded vpon, and is but the effect of examination: as though he could be no mini­ster which were not so presented. For the glosse by warrant of law here teacheth (as is by other places also else-where shewed vpon the like occasion) that Gl. ibidem in verbo in­dagatio. per c. constitutus, Ext. de appel­lationibus. This examination is not required to be done, but towards them that are vn­knowne to the examiners. And for his capablenesse in re­spect of his birth, good fame, and such like, the same glosse saith, the letters testimoniall doo suffice. And vpon this con­sideration the preface of the booke of ordering, dooth speake disiunctiuelie, and not simplie as our author vntrulie here alledgeth, that The Bishop knowing either by himselfe, or by sufficient testimonie, anie person to be of vertuous con­uersation, and without crime, may admit him, &c. And therefore, whereas therevpon he néedleslie speaketh to prooue by a similitude, that this must be a further notice than of the outward feature and lineaments of his bodie; he dooth but labour in vaine, as the man who share his hog, and had thereby much crie, but small wooll. For although the booke doo mention in the Bishop a knowledge of him that is to be ordered to be of vertuous conuersation, and without crime, and that either by himselfe or sufficient te­stimonie, which cannot be stretched vnto his cunning and meetnes (as this man dooth) to execute his ministerie: yet is the knowledge of his abilitie also required, and is to be knowne, as in the same place is prescribed by the triall and examination that is to be made of his learning. And therefore his similitude to this end, that a man chooseth not a schoolemaister for his honestie onelie, but for his learning also, as it dependeth not of his former spéeches, so it serueth to no purpose, but to leaue an impression of conceit, that the contrarie to this is practised by the Bishops.

26. Section. Pag. 57, 58.

THe other circumstance of admit­ting into orders, In the face of the church, mentioned in the preface, is suf­ficientlie expounded in other passages within the bodie of the said booke, by the phrases of the Clearkes and people pre­sent: in the presence of the people, and by the word of Congregation. So that our author shall hardlie be able to Instruct vs, as in this section and thrée o­ther following he laboureth to doo, that vnder the generali­tie Pag. 62. of this word he may establish An interest to be due to all the faithfull people in the land, for the choise and allow­ance of their pastors: when as euerie nouice can tell him, that though by the law of this land, marriages also are to be solemnized In the face of the church: yet hereby cannot be inferred that all the people present haue an interest of assent or dissent in euerie mans marriage. And as there the presence of the congregation is not materiall, other­wise than for the fuller testification of the marriage, for their ioint praiers to God for them, and for to obiect impe­diment if they know any: euen so, and for no other end, it will appeare to be required, that ordinations of ministers be made in the face of the church. And although in some but not in all reformed churches (the precedents whereof he ob­iecteth vnto vs else-where) some slender shadow of popu­lar approbation be reteined in the ordering of the mini­sters; yet I doo thinke verelie, that in no church the whole number of the people are permitted to haue a frée election of their pastor, as this man would faine establish here a­mongst vs. The reasons, wherevpon in this section he groundeth his assertion, are all (sauing one out of the ci­uill law in the Authentikes) taken out of Gratians rapso­dies. The two first whereof doo speake not of Any election or approbation of the people, but that which the Councell [Page 84] of the clergie, and the testimonie of the people, or in the presence of manie by-standers, ministers were then to be ordeined. Neither yet dooth the first of them speake simplie of Counsell of the cleargie or testimonie of the people to be had in ordinations; but onelie then, when as the exami­nation required in the said place is omitted. And therefore this abuise of his clearkes, and the good testimonie of the people, the Bishop is but to vse in steed of examination, as appeareth by that Particula aduersatiua, Otherwise let not a Bishop ordeine any, &c. And by the glosse vpon the same place, which saith, Otherwise, that is to saie, If they be not examined by the clearkes attendant about the Bishop, or else tried by the good testimonie of the people. And ano­ther Glain conul­lus dest. 24. glosse gathereth thus; Heere you haue a proofe that the testimonie of the people is equiualent vnto examinati­on, wherevpon we may note, that it is sometimes suffici­ent for a clearke that is to be ordered, if he be of good fame. Which may also appeare c. de Petro dist. 47. pag. 70. dist. 75. c. 2. ordinati­ [...]nes. hereby, that such as be knowne, are not to be examined, but those that are unknowne. The second allegation, which onelie speaketh of the presence of manie by-standers, is not aright quoted, for the number of the page (as it is in some prints) is taken by him for the number of the distinction. The fift allegation also left by him without quotation, but taken indéed out of the chap­ter Vota 63. dist. speaketh no further than of requests and testimonie of the people to be had in this action, and lea­ueth the election onelie to the cleargie. To which also agrée­eth that c. non lice: dist. 63. canon which saith, It is not lawfull for the people to make election of such as are to be promoted to priest­hood, but let it be referred to the iudgement of the Bishops that they may trie, whether such is taught in word, in faith and spirituall conuersation. And here vpon is inferred this; By all these authorities laie men are excluded from choo­sing of priests, and a necessitie of obeieng, and not a liber­tie of commanding is inioined. And the Gl. ibidem ver. contra c. nosse &c. [...]m nossed. glosse reconci­ling other places, which in shew séeme repugnant to this, [Page 85] saith, It is to be holden that laie men ought to be present, not to elect, but to yeeld consent. His third and fourth al­legation go something further, and doo require the assent and allowance of the citizens. The former of them is left without quotation; the second our author hath a little hel­ped (as crastie companions doo true dice) by translating Conniuentiam & testimonium ciuium, The allowance and good liking of the citizens. Whereas in truth Conniuentia is when a man séeth well inough what is done, and is con­tent not to oppose himselfe, but to winke at it: and by Te­stimonie, as was afore shewed foorth of the glosse, is no­thing else vnderstood, but a good name and report amongst men. And where he vpon these dooth strait-waies leape for a conclusion, That these texts and manie other mo, doo all affirme that elections and ordinations must be made by citizens in the first place, And priests or clarkes in the plu­rall number, and willeth vs to Note it: we must tell him that he leapeth short, and that we note Quò haec not a non va­let. For he manifestlie herein falsifieth his owne allegati­ons, which all doo referre the ordaining to the Bishop but with assent, or this or that allowance of some others. And I thinke in the proper and most vsuall signification of or­dination and imposition of hands, it is not to be shewed, that any laie man had euer anie intermedling therewith, which some of their chéefest [...] doo also grant. And where in the sixt place by waie of preoccupation, he goeth about to prooue that These are not spoken of the cheefe priest of euerie diocesse which is the Bishop, though it be not denied by any: yet assuredlie, the place whereby he would prooue it is onelie to be understood of the Bishop and the canon, is thus: He shall be no priest hencefoorth, whome neither cleargie nor the people of his owne citie dooth choose. But he thought to prouide saselie for himselfe herein not to be espied, and therefore quoteth the 64. distin­ction c. qui in ali­quo §. sed nec ille dist. 51. in stéed of 51. and the Chapter Si fortè, which is not there to be found. The summarie gathered vpon the said [Page 86] chapter, Qui in aliquo, the glosse throughout: yea, and the whole chapter requiring the age and other qualities, pecu­liarlie by the canons looked for in Bishops, and the word Episcopus there vsed, doo all prooue a Bishop indéed, and not any inferiour minister there to be vnderstood. And so did the whole parlement of Paris take it in the 31. article of their defense for the libertie of the church of France. And he himselfe affirmesh that there were congregations in the countrie, where there was by likelihood none of the clear­gie, but one minister, and it must néeds be, that there were ministers to be placed in other places belives cities. And it is yet made more manifest by another disiunctiue following, Or else the authoritie of the metropolitane, or the assent of the comprouinciall priests haue not tried; both which dooth make it plaine to be vnderstood onelie of Bi­shops. Where it is not also to be omitted, that the election there spoken of in the disiunctive (wherein if either part be true, the whole proposition is true) dooth ouerthrow the elec­tion he speaketh of by citizens. For thereby it seemeth suffi­cient as to that point, if either the cleargie, or the people of the citie do make that choise. Pag. 16 That which he bringeth last out of the Autentikes, I haue answered afore, that it is not to be found either in the edition of Haloander, or the Gréeke or Latine set foorth vp Contius, yet it maketh directlie a­gainst him: for if he doo thinke this constitution to be law with vs, and conuenient to be vsed, that Where an vn wor­thie minister is chosen by other, there the most holie Bi­shop may ordeine whome he shall thinke best: then in some case one man alone may ordaine and choose a mini­ster without approbation of the people, and the Bishop shall hereby have as absolute a stroke to reiect or reprooue a minister, as he hath alreadie. But I would of all these varieties of iudgements in diuerse canons, our author would haue signified which of them we must hold for law, for all, being so discrepant, cannot be. Whether it must be onelie In the presence of manie by-standers, or at the re­quest [Page 87] of the people, or with the testimonie of them, or with their aduise or assent, or else by their election and vaices. But if by waie of admittance it should be said, that these old canons were as direct as he would haue them, yet they cannot any waie serue his turne. For he must first prooue that they are not repugnant vnto the customes of this realme, and shew vs how they haue béene vsed and execu­ted here before the making of the statute 25. H. 8. yet he can saie they are by law established amongst vs. Naie, if euen then they had béene in vse, yet are they counterman­ded and reuersed now, by another course of ordering of ministers set downe in the booke for that purpose, wherein no such forme is prescribed. And he himselfe affirmeth often in this treatise, that they are no lawfull ministers, yea no ministers at all in this church of England, that are not ordered according to the exact forme of that booke. But if he will saie that this popular approbation and election, (as he plainelie afterwards inforceth) is the forme by law Pag. 62. factious doctrine de­liuered by the Abstrac­tor. required, then haue we (by his owne do [...]rine) no mini­sters at all in this church, for we haue none that haue béene so chosen. Yea then his o [...]vne clients, who to enable them­selues to take liuings ecclesiasticall according to law, will be contented to be ordered by a Bishop according to the booke, which they neuerthelesse hold to be a calling against the word of God, shall thus be left wholie without calling and ministerie, and by his and their owne iudgements are to be taken for intrudors. And if this plat of populari­tie, be not the forme of ordering ministers, which the lawe and the booke dooth establish, then with what conscience dooth he so vrge it in this place, who dooth so rigorouslie in other places exact the obseruation of euerie tittle in the booke? But I will not runne into this common place to shew all the absurdities, inconueniences, and impo [...]bili­ties of it, or the iudgement of elder and later Diuines, be­ing without my reach, or the practise of other churches, which all are learnedlie handled Pro & contra by others pur­poselie [Page 88] intreating hereof, to which I remit the reader for further resolution. I will onlie put this great canonist in mind of the 13. chapter of the councell of c. non. est. 63. dist. Laodicaea, which dooth forbid these elections by the multitude or people, which as c. siergo. 8. q. 1. Origen saith oftentimes is pricked forward or caried awaie with clamours, fauour, or reward.

And here I would be resolued: these canons being (as he saith) in force of law with vs, and To be vnderstood not alone of the cheefe priest of euerie diocesse, which argueth Dangerous innouation vrged. they are to be vnderstood of him: whether this be not who­lie to take awaie from hir Highnesse the nomination and recommending of Bishops & Deanes to their places, or else to leaue hir Haiesties choise to be countermanded by a beast of manie heads? Scinditur incertum studia in contraria vulgus. Also hir Daiesties being the head member of this church, whether the shall be allowed a voice by hir High­nesse proctor amongst the people of one parish alone, or in all the parishes in the realme, in choosing their ministers, and what voice, whether a negatiue countermanding all others or luxta c. bre­uiter dist. 62. no? Or else whether hir Highnesse shall haue no suffrage therein at all? both which, if they be not to the great derogation of hir Highnesse prcrogatiue roiall, let indifferent and wise men indge, who may also sée a further matter and a greater debasing shot at by this popularitie, than outwardlie is pretended.

27. Section. Pag. 59, 60.

That the statute 25. Henrie 8. for establishing of such canons and de­crees, as be of nature and qualitie there specified, dooth not giue life to these canons and decrées last alled­ged, bicause both they are repug­nant to the generall and inuiolable customes of this realme, and to hir Daiesties prerogatiue roiall also, hath béene afore shewed: yea, they are not a­lone [Page 89] contrarie to ours, but to the generall customes of all christen dome by many hundred yeeres continued, as may appéere by that so often repeated distinction of benefices collatiue and clectiue, mentioned and allowed of, not one­lie by canons and decrées, but by the municipall ordinan­ces almost of eueric seuerall realme. His second reason for proofe (out of the 21. Hen. 8. Cap. 13.) of an interest of An absurd reason. All the people in the approbation and election of their minister, bicausé a Bishop is allowed six chaplines, a num­ber then required to be present at giuing of orders, is not to be counted a Fallax, being too simple to make any shew of deceit, but as a syllogisme framed in mood and figure of Quem terra pontus, without head or tade. His third reason for proofe héere of is, bicause the booke in sundrie places of it speaketh of clarks and people present, and of An exhor­tation declaring (for thus be the words of the booke, and not as our author hath pared them) the dutie and office of such as come to be admitted ministers, how necessarie such orders are in the church of Christ, and also how the people ought to esteeme them in their vocation: which is so strong a reason, that it cannot be gathered or drawne to­gither into a syllogisme with a cart rope, except we would imagine that wheresoeuer the law permitteth men to be present at any action, that there they are interessed to haue a voice to allow or dissallow that which is to be doone. And if the exhortation spoken of, could giue anie colour that waie, it should haue béene to set out what héed and vigi­lant care the people should haue, and what especiallie they should respect in the choice of their minister, rather than to tell them how they ought te stéeme him when he is once admitted; for if they themselues make choise of them, there is no cause why of all other they should mislike, or make a­nie light reckoning of them, otherwise than men com­monlie doo, who thinke they may make bold with such as they themselues haue aduanced. And whereas he would thereof gather the presence of the people of that parish, [Page 90] where the minister is to be placed, to be required, for that no profit else for the better estimation of their minister, can by them be reped of that exhortation: if it shuld be granted vnto him, can he ground vpon their presence an interest also in them of approbation and election of their minister? But there is profit to be reped by such an exhortation for any people whosoeuer that shall be present. For euerie man is or ought to be of some parish, and hath a minister whom he ought to estéeme and reuerence for his calling sake: and therefore such exhortation can not be said to be in vaine, though the people of the parish where he is to serue, be not then present. And for that these canons by him before alledged doo mention Citizens presence at the ordination of clearks, our author taketh occasion to tell vs, that The choristers, singers, organ-plaiers, and other officers and ministers of cathedrall churches, are not com­prehended vnder the name of Citizens, for that the ca­nons doo attribute to these a seuerall name from citizens, A reason re­torted. Pag. 16. by calling them Clearks, which as he tru [...]e affirmeth, so this dooth argue that the place by him afore brought out of the Autentikes, that Clearks vnlesse they were learned should not be ordeined, that thereby he might prooue an abilitie of preaching to be required in euerie clearke, did not correspond to his purpose, séeing that no man will say that any such exquisite learning is looked for in such inferi­or clearks and officers of churches as these be. But where he would conclude a necessarie presence of more people than the Bishops owne seruants at ordinations of mini­sters, bicause by law domesticall folke are no fit witnesses in a matter not domesticall: he sheweth as often afore he hath doone, rather a desire to séeme to haue read some law, than a care truclie to vnderstand, or aright to applie it. For it is notorious that men are not so fullie to be credited, de­posing any thing to the benefit of their maister or fellowes in houshold to the preiudice of a third mans interest. And yet this notwithstanding, where no benefit is to redound [Page 91] to their maister hereby, nor any third man particularlie interessed, I doo not sée whie in this matter they may not be as well credited to testifie afterwards, if néed were, what they did see to haue béene done, as anie other who­soeuer. Or must we beéeue that a Bishop at Lincolne, be­ing to ordeine a minister for the furthest part of his dio­cesse about Eaton, must suffer the church to lie void, till the Absurditie in the plat­forme. husbandman and other of the parish leauing their necessa­rie trades vnfollowed, will come on their owne costs so farre, to be Eie-witnesses and eare-witnesses of the Bi­shops dealing, and to sée whether he obserue the mane [...] and forme prescribed vnto him?

28. Section. Pag. 60, 61.

Our author hauing brought such stuffe out of the canon and statue lawe, as he could hit vpon, and you haue heard, leapeth héere backe a­gaine to take another snatch out of the canon lawe for proofe of the peo­ples interest in the approbation and election of their ministers. First, bicause the glosse defi­neth Consent to be the will of manie, vnto whom the mat­ter apperteineth, ioined in one together. But this is a falla­cie, A petitione principis, to assume as granted, that any con­sent (otherwise than afore is prooued) dooth or did belong vnto the people, in choise of their minister. And if he will haue that rule of the canon law to helpe the matter; That which toucheth all, must be allowed of all: surelie he will hereby ouerthrow all the ministerie, if they must tarrie without roomes to minister in, till euerie one euen the least and woorst in euerie parish doo agrée vnto the election of some one. For that rule (as Dynus and other doctors vpon Dynus & al [...] in reg. quod omnes. it do note) cannot be vnderstood of Omnes vt vniuersi, as it is in corporations, where the greater part of voices are re­spected, but must be taken, Omnes vs singuli, all and euerie [Page 74] one in seuerall, that is any waie interessed, and so one lewd disposed person might frustrate the good indeuours of manie thousands.

And dooth the author thinke indeed that this course is either expedient to be vsed, or agréeable to the lawes and customes of this land? Is it meet bicause it concerneth vs Seditious doctrine of the author. all to haue good Princes councellors, officers of the king­dome, iudges and Bishops, that all the people in the land or of one diocesse should haue a frée election and approbati­on of them? But this kind of election he saith the Bishops themselues in certeine canons, which were set downe and published, but neuer by hir Haiestie ratified, haue aimed at, when they saie, the Bishop shall laie his hands on none, nor at any other time, but when it shall chance that some place of ministration be void in his diocesse. This indéed might make some shew against absolute ordinations, but how it can open the peoples mouth to giue voice in electi­on of their ministers, I for my part cannot yet perceiue. And therefore call backe againe your hastie conclusion, whereby you are not content onelie togather An interest in the choise and appointment of their minister, to rest in the people, but also a speciall interest, yea and a preroga­tiue also therein belike aboue Prince, Bishop, Patrone and all.

29. Section. Pag. 61, 62.

Our author hauing alledged be­fore, some canons, séeming to make shew of a kind of consent of the peo­ple, which he would haue to be an elec­tion of their minister: and knowing that Gratian, taking vpon him to write Concordiam discordantium cano­num, did bring other canons also more direct on the contra­rie part, which yet he afterward reconcileth: thought it best for his purpose to take exceptions against such as [Page 93] were not for his tooth, vnder the person of pope Adrian, whom he calleth Proud, foolish, & his canons, excluding laie men from election of Bishops ridiculous. And yet Adrianus. 63. distin. §. consecratio­nes. Adri­an testifieth that here in he decréed nothing which was not done in former old councels. And the decretall epistle saith: The whole c. cum eccle­sia Ext. de causa possess. & propriet. election of common right belongeth to the Chapter. And this is also the same Adrian, which together with a generall councell decreed, notwithstanding the election and consecration of Bishops apperteined to the cleargie, that c. 2. Adria­nus dist. 63. yet all Archbishops and Bishops in all pro­uinces should take their inuestiture of Charles the great then emperour. Which is a further authoritie attributed to princes, than vsuallie in most parts of christendome, they doo at these vaies take vpon themselues. In like ma­ner Steeuen the Bishop of Rome c. lectis. dist. d, writeth to an earie néere vnto the emperour: that whereas one was canonicallie chosen a Bishop, it would please him to procure the empe­rours roiall assent thervnto, according to the old custome, that vpon obteining thereof he might procéed to the conse­cration of the new elect. According to which, Gratian also reconcileth such of these canons, as in appearance séeme different, thus: In that the prince c. cum longe §. electiones. dist. d. or people is required to be present at elections of Bishops, they are not therefore to be called therevnto, that they should make the election, but to yeeld consent therevnto. So that, if he had weied all things aright, he might haue perceiued both that his former allegations were not so forceable, as to driue vs to runne for an answer vnto pope Adrians decision, nor yet whie he should be so angrie with him, who spake onelie of elections and consecrations of Bishops by cleargie men, without excluding either the inuestiture or assent of prin­ces, and without any intermedling with ordination of in­feriour ministers, & therfore it was not he that spake in his cast. But there was least cause at all, whie he should thus shuffle vp the canon before c. non est. dist. d. alledged out of the old famous councell of Laodicaea, either with this of pope Adrians, or [Page 94] to reckon it among such latter canons, as dare not once step foorth to séeke Any whit to impeach the truth of his as­sertions: for it is so old, and decréed by so good aduise, of so manie graue and godlie fathers, that it will not be ouer­throwne with such a blast. His first reason, for proofe that these canons by him alledged are not to be impeached, ei­ther by that of pope Adrians, or any other like being taken out of the sixt of the Acts of the apostles, is vtterlie besides his owne purpose. Which is not to shew what is decreed in the word of God in any of these controuersed points, but what is by canons, constitutions, and synodals prouinciall in force amongst vs. And therefore if this of pope Adrians, or any other to like effect were not to the hurt of the prero­gatiue rosall, nor repugnant to the lawes and customes of this realme, but had béene put in vre and practise before the making of that statute: it might according to our authors foundation, stand for law still in this land, though it were 25. H. 8. c. 19. not consonant to the word of God. Which I bring to shew the authors wandring from his issue, and not in any such respect, as though this his allegation might otherwise haue serued his turne. For it is manifest, that it cannot: bicause that course of election mentioned in the Acts, was not vndertaken, for satisfieng of any expresse commande­ment of Christ; but vpon an especiall occasion of a muti­nie of the Gréekes against the Hebrues; for that their wi­dowes (as seeming to be distrusted or contemned) were in the administration of the common church stocke ouer-pas­sed: whereas the canons brought for proofe of excluding the multitude from elections, were not grounded vpon anie one particular occasion, but of the nature of the people, and exigence of the cause it selfe. That of the Acts speaketh of deacons onelie, and is not read else-where in all points to haue béene obserued either in Act. 5. choosing of an apostle of Act. 2. ministers or of Titus. 1. Bishops. There also the whole multitude of the disciples made choise without the apostles, who ment thereby to auoid all suspicion of corrupt dealing: which [Page 95] two circumstances no man will (I hope) require in choo­sing either of a Bishop, or minister, especiallie that the Bi­shops and other of the cleargie, should be debarred from any stroke in that action; séeing therein, there cannot be the like cause of suspicion. Where by the waie it is not a­misse to be obserued, how hard it is to kéepe a great mul­titude in the bounds of moderation, séeing the Holie-ghost in the great sinceritie of that church, in comparison of our times, noteth no lesse, where it is said: In those daies, as the Acts. 6. 1. multitude of the disciples grew, there arose a murmuring, &c. Also that the apostles called them together, and prescri­bed vnto them what they should doo in that point of exter­nall policie, and that according to the present occasion of­fered, without any prescript word, but onelie by the in­stinct of Gods spirit. Further, that the apostles set out the qualities of the men to be chosen, but tied them to no cer­teine forme of election to be obserued, neither doo we read what forme of election they then vsed. Againe, that the dis­ciples were to looke out and choose such, as they thought fit to be trusted with the church stocke; but the apostles re­serue to themselues the appointing of them to their offi­ces, if they should be found to be such as were described. [...]oreouer, that the deacons were appointed for the further case of the apostles, in some part of their function. Lastlie, that the disciples presented them to the apostles censures, who by imposition of hands did (as it were) consecrate and authorise them to the function of deaconship. Now, if by this act, our author mind so hard to curbe vp all churches, as that he will accuse them to giue A counterbuffe to the Holie-ghost, which in their ordinations doo not agrée here­with in all circumstances; or if he will tell vs, that some­thing extraordinarie was here in this action, not to be fol­lowed of vs: then must he shew by direct scripture, what was ordinarie, and what extraordinarie, least By his owne doctrine he seeme to accuse Christ not to haue dealt faith­fullie in his fathers houshold, in not giuing a perfect lawe Pag. 20 [Page 96] for gouernement of his church by discipline: and must re­concile other places of scripture concerning the like acti­on, which doo not agrée in all points with this. In the first of the Acts two are presented, one is chosen by lot, and no imposition of hands is mentioned: here seauen are chosen (the maner not set downe) by the multitude, and being presented to the apostles, they all appoint them, and laie their hands on them. In the 14. of the Acts, Paule and Bar­nabas are said, [...], and to haue fasted, but no mention is made of the imposition of hands: here is no mention of fasting, but of imposition of hands. Here all the apostles did appoint them, [...]: in the first to Titus, he onelie is willed to appoint priests, [...], according as Paule had prescribed vnto him. Naie, let him shew vnto me any two reformed churches of diuers nations that iumpe in all circumstances hereabouts, or any one of them which per­mitteth this action (without intermedling of the chéefe pa­stors) vnto all the disciples, or multitude of beléeuers in the said church, which yet haue an interest in hauing a good mi­nister. But (as I take it) the chéefe swaie and moderating of such actions, are in all other reformed churches in such men, to whom this trust is especiallie recommended. And hath not likewise (for auoiding of sundrie inconueniences) the whole church and realme of England by parlement, wherevnto euerie man in the eie of the law, is said to haue consented, reposed this trust in a few choise men of the ec­clesiasticall function? Euen maister Beza himselfe con­cerning this place of the Acts dooth saie: There is no cause, Lib. con­fess. c. 5. whie hereof any man too curiouslie should prescribe anie speciall rule, but if the conscience be vpright, it will be ea­sie to set downe what is expedient, according to the cir­cumstance of times and places. His second reason as it séemeth, is grounded of these words of Adrians canon, Let no laie or secular prince thrust himselfe into the election of any Bishop. Which if they be vnderstood (as afore is prooued [Page 97] they ought to be) concerning the election and consecration onlie, reseruing by good reason, & as it hath béene alwaies at the common law in this land, the licence to elect, nomi­nation, roiall assent, supremacie, & homage vnto hir Maie­stie, then is hir Highnes prerogatiue no waie touched, nor any thing deriued vnto other, which hir Maiestie claimeth to be due vnto hir selfe. But to let both Adrian and his ca­non lie in the dust, how can the canon of the councell of La­odicaea, which bebarreth multitudes from election of those who are to [...]e preferred to the ministerie, impeach hir Ma­iesties prerogatiue? Which if it by no meanes can doo, then is our authors reason defectiue, séeking to ouerthrowe all canons to this purpose, bicause the canon of pope Adrian seemeth to him to confront hir Highnesse prerogatiue roi­all. Pag. 61 And can we thinke, that this man is in good earnest, where he séemes thus to tender hir Maiesties prerogatiue, whereas these popular elections of Bishops and ministers which he now striueth for, doo fight with full but against it, and are honoured by himselfe, euen with the name of a Prerogatiue? His third reason, for the improouing of all such canons, as Being against the customes of the realme, séemeth so strange vnto me; that I am in doubt, whether I haue dwelt so long in England, as I did afore imagine: for I neuer heard of any elections by the whole multitude to haue béene vsed. The statutes which he speaketh of, are written In principio libri paulo post finem capitulo nusquam: and shall be answered when any such be framed. His reason, to prooue them contrarie to the customes of the realme, is thus: The greatest number of voices, of such as haue in­terest, A childish reason and absurd. doo make choise of certeine officers, as of maiors, bailiffes, shiriffes of townes, &c: Ergo, ministers are, or ought so to be chosen, or else it is contrarie to the customes of the realme. Indeed, he might haue gathered, Ergo, our maner of electing ministers now in England, is contra­rie to the customes of choosing maiors, &c. And might he not as well haue gathered, that the Prince, the Councel­lors, [Page 98] the greatest Officers of the land, the Bishops, the Iud­ges, the Sheriffes of shires, the Sergeants at law, the Iu­stices of the peace, the Custodes Rotulorū, th Eschetors, the Officers in any court of record, the Capteines and Con­stables of any strong péeces or fortresies, the Constables of hundreds, the Mint-maisters, Comptroller & Auditor of mints, the Customers, Comptrollers, and Searchers of ports, ought also so to be chosen, and being otherwise appointed, that the customes of our land (which is our com­mon law) is thereby transgressed? But euerie child may see the grosse absurditie of this reason, and he himselfe if he haue not rubbed his forehead excéedinglie, will be asha­med of it. And besides the follie of his argument, his an­tecedent His reason retorted vp­on him. maketh against himselfe. For it is notorious, that in cities & townes, not euerie one that is to be gouer­ned, hath voice in electing their officers; but certeine which be culled out of the rest, and speciallie trusted. So is there none admitted to the election of knights of the shires, but Legales homines, which may dispend xl. shillings in land of freehold by the yéere. And yet manie besides are interessed therein, and may be preiudiced therby, as being to be go­uerned by the one sort, or to be tied to such statutes, as by the consents of the other are passed. If therefore in these actions for auoiding of stirres and confusions, elections were put into a few mens hands; much more reason was it, that the multitude should not haue stroake in election of ministers, being for the most part vtterlie vnable to iudge of their sufficiencie in learning, which is the cheefest thing to be respected, but yet not debarred to obiect what they can against their conuersation. It maketh flatlie against himselfe in this also: bicause héere he séemeth to require no other consent for election of ministers, than is vsuallie in most cities and townes in the choise of their officers, being doone by the greater part of a few, in respect of the Pag. 60. Contrarie­tie of the author. whole multitude besides, contrarie to the rule of law by him before brought; That which toucheth all, must be al­lowed [Page 99] of all and euerie one: and contrarie to that which here he saith, that All the faithfull of the land haue an inte­rest in choise and allowance of their pastors. So that by this reckoning, men, women, and children (for all the faith­full be interessed) shall haue voices in election of their mi­nister; and if one dissent, all must be dashed, if we follow that rule.

And that this was the meaning of those that confirmed the booke of ordering, he prooueth; bicause they Being men renewed with the spirit of wisdome in the gospell of Christ, would be as carefull, what guides they approoued of for conduction to eternall life, as for discreet dealers for them in matters of this life, and as prouident ouer their soules as ouer their goods. Indéed if all they had béene of this mans spirit, who peraduenture thinketh himselfe as wise and learned as any, and nothing any waie touching him, to be well done which he dooth not himselfe; this might then car­rie some shew, to haue béene respected. But those that be modestlie wise, and with humilitie haue learned Sapere ad sobrietatem, doo thinke, that one learned man, long studied in the scriptures, and all good learning, is better able to iudge of the abilitie and sufficiencie of any in that studie; than ten thousand other, though neuer so wise, yet not so déepelie studied in those matters. We beléeue one skilfull lawier in a point of lawe, and one expert physician for the state of our bodie; better than we doo all the world besides of such as haue not either at all, or but slenderlie waded in those professions. And in truth, if this had béene their mean­ing, whie did they not plainelie expresse it, and whie hath none of them, till this Nouus orator péered out, shewed what was then done in parlement, what was ment, and what was said to this purpose? But if any such thing had beene ment, they would either in generall words, or especiall, haue reuersed that statute which saith: The examination of the abilitie of a person presented to an ecclesiasticall bene­fice, dooth perteine to an ecclesiasticall iudge. Articuli cleri [Page 100] A. 9. E. 2. 13. To that which might be truelie obiected of tumults, stirs, contentions, factions, ambition, and confu­sion, ordinarilie heretofore accompaning these popular e­lections, he answereth first, that Euerie true beleeuer shall haue a spirit giuen vnto him to discerne, whether a man be apt to preach or no: Secondarilie, That christians are not to feare such rages of the people; but such are to be a­frighted hereof, that haue put awaie faith and a good cons­cience. To the first I answer, that the most in euerie place, by whose voices it séemeth he would haue the matter swai­ed, are not necessarilie True beleeuers, and such as haue the spirit of Christ. For his flocke is but a handfull in compa­rison of hypocrits, and manie are called but few are cho­sen. Neither are all true beléeuers alwaies endowed with such measure of wisedome and discretion, as that they are able to sound the aptnes of a man in learning, for the mi­nisterie: nor yet haue all so profited in true mortification, as that they can weine themselues from those disordered affections, which cleaue fast vnto euerie one of vs, either more or lesse, so long as we remaine in this world: and therefore in such cases, the mo that doo deale in any action, the more disorderlie and troublesome for the most part it falleth out to be. To the second I say, that it conteineth a promise of such quietnes, and peaceable issues of these po­pular elections (as if ye turne ouer ecclesiasticall histories) neuer or sildome hath happened, but the cleane contrarie; and it carrieth an indirect accusation of all churches, both of elder and later times, to haue Put awaie faith and a good Indirect ac­cusation of other chur­ches. conscience: which for auoiding of sundrie inconueniences and mischéefes, haue abandoned these popular elections, which truelie in this forme and maner, as our author set­teth foorth, and would here haue established, I persuade my selfe, no church reformed or deformed dooth reteine, sauing the Anabaptists, if so be they haue any setled church anie Bullinger. ad­ver. Anabap. li. 3. cap. 4. where. Who in that respect were wont to obiect against the ministers of sincere churches, called by some magistrates [Page 101] appointed for that end, to haue no calling but from men; whereas they themselues, being chosen by the suffrages of the whole multitude, thought their calling therefore to be of God. Now it had béene verie requisite, that our author for the approouing of these democraticall elections the better vnto vs, should (with proofe out of scripture for euerie parti­cular) haue shewed; Whether women and children of some reasonable discretion, should haue voices in the election of their minister? Whether he should be chosen by all, by the greater part, or by the better part? Whether the wiues voice should be accompted seuerall, or but one with hir husbands, or whether she might dissent from hir husband, or the sonne from his father? Whether the patrone not dwelling in the parish shall haue a voice, or dwelling there but a single voice? Whether the greater number of voices shall be accompted in respect of all the electors, or onelie in respect of him which is to be chosen, hauing more voices for him, than any other hath? Whether all absent shall be ac­compted to dissent or to assent? Whether sicke men, and other necessarilie imploied, that would come and cannot, may send their proctor being no parishioner, or compromit their voice to a parishioner?

30. Section. Pag. 62, 63.

IN this section treating of the last qualitie which our author hath noted to be required in a minister, I doo ob­serue, that he is contented with a Competent and sufficient skill in the Latine toong in a minister, which so earnestlie afore would haue impug­ned the distinction of competencie and eminencie in lear­ning requisite for the furnishing of a minister. Although I (for my part) cannot see, how this high skill in learning can well be setled in any, that is but slenderlie learned in the Latine toong. And yet the statute here mentioned, sée­meth [Page 102] to allow, that a speciall gift and abilitie to be a prea­cher, may be in some that hath not the Latine toong as is required. And therefore it is said in the disiunctiue, Except he be able to giue an accompt of his faith in Latine, &c: 13. Eliz. c. 12 or haue a speciall gift and abilitie to be a preacher, he shall not be admitted to the order of deacon or minister: so that hereof we may gather, that the law accompteth Abilitie to be a preacher a speciall gift, neither incident nor required to be of necessitie in euerie minister, for that some wan­ting The iudge­ment of the statute for a sufficiencie to be a mi­nister. this abilitie, yet being qualified as is there otherwise prescribed, may lawfullie be admitted by the Bishop. Whereby both the popular election and the learning and abilitie of a preacher, by our author of necessitie vrged to be in euerie minister, throughout this whole treatise, yea euen by our lawes vndoubtedlie now in force, is quite ouer­throwne. Further, where our author alledgeth, as though it were statute, and noteth it with the like asteriske, that If any shall be ordeined contrarie to any prouision of that Act, then is he no minister at all, he dooth verie shamefullie falsifie the words of the Act. For the words are these in the Plaine falsi­fication by the author. Act: All admissions to benefices, institutions, and inducti­ons to be made of any person, contrarie to the forme or any prouision of this Act, and all tolerations, dispensati­ons, qualifications and licences whatsoeuer to be made to the contrarie hereof, shall be meerelie void in law as if they neuer were. Wherein there is no one word of ordinations or admitting into orders. At the shutting vp of this mat­ter, he vseth indefinitelie, against our Bishops, an ironi­call surmise, as though vpon their examinations, it would fall out, that they had not answered the trust com­mitted vnto them in ordering deacons and ministers, nor that their dealings had béene [...]herein faithfull, iust, and equall. Truelie he that hath most ouerseene his dutie in this respect, if any such be of them, I dare auow, he shall be better able to approoue his dooings by law, and good consci­ence: than those whom this cauiller most affecteth, shall be [Page 103] able to doo their words or deeds, or than he himselfe shall be able to beare out his slanders, innouations, cankred spite, falfifications, wrestings, fallacies, & childish reasons, con­trarieties, vntruths, and paradoxes scattered in this booke.

31. Section. Pag. 63, 64, 65.

THe Abstractor hath not beene be­like farre inough yet distracted from the purpose which he handleth, but for the ease of his stomach, which else for curst hart would burst, he must néeds tell vs, what punishments the canons doo inflict vpon such Bishops as promote vnworthie men vnto orders: assuming al­waies all such to be vnworthie, as are not so qualified as he hath scored out. But he is a verie temperate and coole­brained man, for he dooth it, but vpon supposition, that the Bishops haue not answered their trust, and yet in other places he telleth vs of Our sir Iohns, the asses of our schools, of our dumbe, silent, and idol-ministers, so often & so thicke together, and what great masses of monie may come by their displacings, to hir Maiesties cofers, as though we had none or verie few other besides such. Yet if they were such, and so soule as his mouth is in this behalfe, séeing the canons, whose obseruation he vrgeth, doo forbid such con­temptuous spéeches against them, he sheweth himselfe to be too farre ouerséene herein. c. cum ex in­iuncto §. licet autem Ext. de haereticis. Although knowledge be verie necessarie vnto priests for teaching, yet we may not speake ill of simple priests, though they be but scholars, see­ing the priestlie office ought to be honoured in them, and Reg. iniunct. art. 28. hir Maiesties iniunctions doo command men to vse euen Those priests that haue small learning, and which of long time haue fauoured fond fantasies, rather than Gods truth, charitablie and reuerentlie for their office and ministrati­on sake, bicause their office and function is of God. Also the reformed churches in France, are farre from this im­modestie, [Page 104] Art. 22. des aduertise­ments en la discipl. de France. where in their policie and discipline they haue thus decréed euen for the immunitie of popish priests and moonks: Toute violence, &c. All violence and iniurious words against those of the church of Rome, and namelie against priests and moonks, shall not onelie be hindered, but also shall be corrected and restrained so farre foorth as possiblie may be. The conclusion (for proofe whereof he vou­cheth viuers lawes and canons) is, that Both the man vn­worthilie promoting, and the man vnworthilie promoted, is to be deposed. Where if I should deale strictlie with him as a lawyer would, I could tell him that there is great difference in law betwixt one vnworthilie promoted, as perhaps some solemnitie required by the canon being o­mitted, and one promoted being vnworthie. The first case is so farre from c. literas Ext. de tem­por. ordinand. gl. in 1. q. 1. c. si qui Epi. ver. ordina­tionis. deposition, that it deserueth but a tempo­rarie suspension from execution of some part of their offi­ces, at the discretion of their superiour. For proofe of his conclusion he bringeth thrée allegations, speaking no word of deposition, but of punishment to be inflicted, which with­out expressing can neuer be extended to deposition; In am­biguis quod minimum est, sequendum; & pro mitiori poena semper est interpretatio facienda. And yet the first and the third of them doo speake of Bishops and superior prelats, and not of inferiour ministers. The first is c. nihil est. Ext. de elect. & elect. po­ [...]est. not aright quoted nor alledged. For the punishment there set downe for confir­ming an vnworthie prelat, is sequestration of the fruits of his owne benefice, and béereauing him of power to con­firme the next successor: and in the words immediatlie §. episcopi [...]bid. next following by him not alledged, as once afore hath béene shewed, a canonicall punishment by reference vnto canons to that end in force, is appointed to the Bishop, which shall preferre an vnworthie man to holie orders or ecclesiasticall dignities. In his third allegation by ioining of two seuerall canons as one, the one of them appointing a milder punishment than the other, he hath disaduanta­ged his owne cause. For where two punishments are laid [Page 105] downe, the lesse is to be inflicted. But neither of these ca­nons c. ex pani­tentibus 50. distinct. &c. aliquantos 51. dist. doo speake of a man vnwoorthie in respect of lear­ning, but vncapable of orders in respect of some other ca­nonicall impediment, as infamie by law, bigamie, anddiuerse such like there specified.

But the glosse reconcileth not onlie that canon, but all other which speake of disposition of him that ordaineth one vnworthie; with those canons, which doo suspend him on­lie from ordination of others: bicause the Gl. in c. si qui Epi. c. q. 1. verb. ordi­nationis. first are to be vnderstood, when of contempt and pertinacie the Bishop shall with pretended purpose against the canons ordeine such: and the other, when he ordcineth vncapable men on­lie of ignorance or negligence. And againe, this doubt in the same place is better resolued; séeing there are diuers penalties for one offense, and that the c. graue Ext. de praebendis. latter canons doo prefix the milder of both, that therefore the easier penaltie must in both respects be practised. And therfore I muse at the boldnesse of the man, who leauing out the word Aliàs Otherwise; to wit, when the Bishop of pertinacie shall or­deine one vnworthie, he alwaies deserueth to be deposed, Fa [...]ficatiō. dare alledge the words of the glosse generallie, as though in all cases this decision had place. The Gl. in c. vni­cum const. Othonis de scrut. ordi­nand. verb. quare. next glosse is likewise wrong quoted out of the legatiue constitutions of Otho. but serueth not any whit for proofe of his conclusion, bicause it mentioneth no penaltie: but onclie ingreiueth the fault of him that dooth ordeine anie vnworthie. His argument of comparison which he borroweth of the glosse of the c [...]uill law, to prooue that the archdeacons fault or o­uersight cannot excuse the Bishop, no more than a pilfe­ring sailer shall excuse the owner of the ship (who taketh fare of his passengers) from restitution of that which is embezeled: though great diuersities may be taken be­twixt these two cases, euen to this intent, yet I will not greatlie gaine-saie: seeing it is both lawfull and expedi­ent, that the Bishop himselfe should examine them for their sufficiencie in learning; adding this neuerthelesse, [Page 106] that the author here hath manifestlie falfified the glosse, where he simplie saith the Bishop is to be punished for the archdeacons fault committed in examination. For the Gl. ibid. ver. per Episco­pum. glosse saith to this purpose; Indéed if the archdcacon doo it by the Bishops commandement, then is the Bishop pu­nishable; but if the archdeacon doo it of his owne head as incident to his office, then must he himselfe abide the pe­naltic of lawe. That which he saith of A deed once doone, which vpon a cause newlie arising sometimes may be alte­red, cannot be applied to this, that a Bishop may reexamine those whome the archdeacon hath examined, though it be Arg. c. acce­pimus Ext. de aetat. & qualit. o­therwise lawfull; and in like maner, can I not conie [...]ure, for what purpose he bringeth, though with a wrong quota­tion, c. eae quae. Ext. offi. de Archid. concerning the remissenes of an archdeacon in safe kéeping certeine ornaments of the church, required to be punished by restitution of such things, as by his default were perished, except he thinke here by may be insinuated, either that the archdeacons office alonclie dooth consist in such like duties, and not in examination of ministers to be admitted, or else, that as he is to be punished for his negli­gence in these small matters, so Bishops for such offenses as they shall commit about dealings of greater conse­quence. Which if it be his meaning, I must néeds iudge that he is verie mysticall that can fetch about so farre, to speake so little to purpose. But all these canons, if they were as pregnant to prooue deposition as he would haue them, are wholie ouerturned by his owne platforme of po­pular Contra­rietie. election. For I thinke he would not endow the Bi­shop with an authoritie to ordeine another, when all the people haue made choise of their minister, nor yet punish him for their foolish choise.

32. Section. Pag. 65, 66, 67.

THis section, with some following, being to shew the course of punishment against ministers being vnworthie of that function: in the first [Page 107] place for proofe hereof, is brought the depriuation of a Bi­shop, against whome manie things were obiected, and he himselfe had confessed that he neuer learned any thing De Grammatica, of the Grammar, nor had read any Grammari­an, no not Donat: yea, by the euidence of the fact it selfe it appeared that he was Illitteratus & insufficiens, Vnlettered and insufficient. All which things ioined together, being the ground of his depriuation, if he will applie to his purpose; (though I thinke some ministers in our church vnworthie that calling) yet I beléeue he shall find verie few or none, within the compasse of this decision, which neuer learned any thing of their Grammar. And yet neuerthelesse, his reason being A maiore ad minus affirmatiuè dooth not follow. Séeing it is notoricus, that lesse learning is requisit in an inferiour minister, than ought to be in a Bishop. And it sée­meth, that if this Bishop had learned but his Gra [...]mar, by want whereof he was apparentlie insufficient, this gen­tle pope, in fauour of some not much déeper clearkes sit­ting in that See, as the pope that writ Fiatur for Fiat, in des­pectum omnium Grammaticorum, and he that to an ambassador did so prettilie Italianize in his Latine, Facit magnum fri­gum, and being aduertised softlie by one of his cardinals, that it should be gus, gus, as scholarlike did amendit, with Facit magnum frigumgus: it is likelie (I saie) he would haue tolerated it in this Bishop of Calinea. And therefore it is not verie safe, to exact no better measure of learning in a minister, than this canon seemeth to doo. Here vpon our author groundeth a wish for a generall visitation, but ve­rie vnperfectlie in my poore conceit, for he requireth nei­ther learning in law, experience, nor discretion in his visi­tors: he authoriseth them to depriue onelie, vniust posses­sors, which would hardlie be racked vnto all, though not so sufficientlie qualified as he requireth: he endoweth them with no absolute power to place fit men in their roomes, without sharing out any thing to the patrones, least he should displease some, that perhaps with all things refor­med [Page 108] sauing that; nor yet telleth vs whence so manie places in short time might be furnished with sufficient preachers. But he is of a sure ground for the promise of augmenta­tion of hir Maiesties treasure: for he saith, that the first fruits vpon auoidance of vniust possessors, will be more Than the best subsidie that hir Highnesse hath leuied of them. But saith not more than of them, and of all other ministers besides. Which must néeds be true, for the grea­test subsidie was but sixe shillings in the pound, to be paid in thrée yeares, whereas the new incumbents comming in vpon displacing of the old, should paie the whole value of their benefices, in the space of two yeares. His first alle­gation concerning an abbat threatened to be deposed, if he be negligent in his office, is altogether impertinent to prooue, that a minister vnworthie in respect of learning, or bicause he is not able to preach, is to be deposed. But I ob­serue that where the law is, Let him as often as he may be with his brethren in the couent, our author (I know not to what aduantage) dooth translate thus: How much more Corrupt translation. ought he to be frequent with his brethren in all things? The second allegation out of a canon of Triburiense concili­um, toucheth onelie an abbat that is criminous in life, and negligent in his gouernement, to be worthie of depositi­on, and cannot be extended to vnworthines of a minister, for insufficiencie of learning. Naie, though ministers that be scandalous to their calling may be depriued or deposed, according to the atrocitie of the fault; yet the same punish­ment that is inflicted vpon abbats, who are tied to a strai­ter rule and obseruance, cannot alwaies be extended by identitie of reason for the like offenses vpon ministers. For the c. per. tuas 1. in fine Ext. de simonia & Gl. in verbo cantus 18. q. 2. c. si quis abbas. lawe noteth, that abbats for causes of lesser im­portance, yet being against the rules and customes of their order, may be remooued from their administrations. Yet to the intent it may appeare how impertinentlie these pla­ces of an abbat are brought, and how vnskilfullie he reaso­neth, it is to be remembred; that although an exacter and [Page 109] more strict course of conuersation be required of an ab­bat, than of an inferiour minister, yet lesse learning will serue his turne a great deale to reteine him in his office: therefore Ab. in c. vlt. Ext. de aetate & qualitat [...]. Panormitane concludeth, That an abbat shall not be deposed bicause he is ignorant in Grammar, if o­therwise he be skilfull in the rules of his order, and discreet, by which rules his function is limited: to which purpose serueth, that in abbats diligent industrie rather than lear­ning is required; c. multa, ne cler. vel mona. Also in old time abbats were laie men. c. a subdiacono. dist. 93. Therefore it is sufficient for him, if he be discreet and vigilant ouer his flocke. 8. q. 3. c. dilectissimi. Which our author perhaps per­ceiuing, dooth shew more néere to purpose, that an inferi­our minister may also be depriued by the Bishop, if he be vnprofitable and vnworthie. But what the lawe will ac­count such vnworthines, vnprofitablenesse, or negligence to be, he hath not yet shewed, and therefore is farre from proouing his issue, that euerie one is an vnworthie mini­ster, and to be depriued which is not able to preach. And sée­ing he alledgeth this for law, whie shall not the words fol­lowing, which he cunninglie cropped off with an, &c. be law also? Videlicet, Both Facit. 15. q. 7. cap. 1. & vlt. institution and destitution of priests dooth notoriouslie belong to the office of the Bishop. Be­like he was loth to attribute so much vnto them, as must either cut off his popular election, or improoue that, which he saith afterward, against all absolute ordinations. His next allegation which he left without c. dictum est dist. 81. quotation, Vagatur extra oleas, and speaketh of negligence, which may be such as de­serueth deposition. And this may as well happen in a mini­ster worthie and sufficient, as in one vnworthie of such a place in respect of disabilitie. And yet it is not euerie neg­ligence, but grosse negligence, as the glosse there telleth him, which the lawe matcheth with Male engine that deser­ueth deposition. For Magna L. 226. mag­naff. de ver. signif. negligentia culpa est, magna cul­padolus est: as if the minister being required to baptize a child, being verie weake, shall vpon a 1. q. 1. c. ne­que, &c. si quis per igno­rantian. dissolute negligence [Page 110] omit to doo it, whereby the child dieth without baptisme, he deserueth deposition. That which our author alledgeth as out of the 1. q. 1. si qui Epi. §. ecce. canon, are indéed the words of Gratian, collec­ted vpon the canon, are notablie by our author falsified and wrested. For whereas Gratian saith; Behold where Bi­shops doo escape without danger of their estimation (for ordeining such ministers as by lawe they ought not) so that they may as priests administer all other sacraments: yet from this onelie, (Videlicet the sacrament of ordering) not onelie for heresie, or for any great fault, but euen for negligence they are remooued. Our author cutting the sentence off by the waste, and applieng that which is spoken Falsification manifest. of the Bishops negligence onelie, (whereby he suffereth some ministers to escape his hands whome the canons al­low not to be ordeined) vnto euerie minister, dealing neg­ligentlie in his function, saith in stéed of it, thus: He shall not onelie be remooued for heresie, or other greater of­fense, but for negligence also. Which corruption, though it be foule in it selfe, it dooth not yet beare out his issue, that a minister for insufficiencie to preach, is to be accompted vnworthie of the calling, and therefore to be remooued.

33. Section. Pag. 67, 68, 69, 70.

HEe that dare wrest and falsifie texts when he quoteth them, whereby others may examine them, it is to be doubted much more that he will doo it, when he leaueth them without quotation, as in this section he hath done his two first allegations out of the ciuill lawe. And therefore, as now they make not anie whit to his purpose, so being by me touched with the origi­nall, I find they cannot carrie anie shew or colour with them. For what dooth the Remoouing of such a clearke that either will not doo seruice at all, or of such as faineth him­selfe to be one when he is not, or the L. qui sub praetextu C. de sacra eccles. inhibition to ban­kers [Page 111] and exchangers of monie, méere laie men, That they leaue not off their trade vpon a bare title of collegiat men, make for proofe, that a minister vnworthilie promoted is to be deposed? Naie, the latter place which he was vnwil­ling to quote, is by no colour appliable to this purpose. Of those (saith the law before the words by him alledged) which vnder a pretense of deanes or collegiat men, though they doo not execute that office, doo yet go about to withdraw themselues from other functions, we thought good to meet with such craftie packing; least any should vnder colour of an office which he dooth not execute, be disburdened of another dutie of him required. Now these deanes and col­legiat men were certeine in Constantinople, which Nouel. 43. & 59. & Alc. c. vlt. lib. 1. [...]. being appointed out of seuerall companies of trades, did partlie take care of burieng dead bodies, and partlie were em­ploied in other publike and necessarie affaires of that citie. The reason of these lawes and canons which he bringeth, are foure in number, the first not alledged but gathered (as it séemeth) out of the text quoted, is; That a possession with­out canonicall institution, is no sufficient establishment in a benefice. And this institution (that c. ex fre­quentibus Ext. de instit. decretall saith) must be giuen by the Bishops diocesan, or by his officiall, to whome it apperteineth. I will easilie grant vnto him, that sole possession will not reléeue any minister, either worthie or vnworthie, for reteining of a benefice without institution. Hereof will follow, that all such as haue cano­nicall institution, are without the compasse of depriuation as in this respect alone. This matter of sole possession with­out title, he also enlargeth out of a summarie of the ciuill lawe; that Sole possession maketh not a senator or cap­taine, but lawfull election. For which word Election, as it séemeth, he rather chose to vse this summarie, than the law it selfe, which is, that A L. 10. ff. de decurionibus. man is not made a decurion, one­lie bicause his name is written in the table, vnlesse he be al­so created a decurion according to lawe. These decurions in the common-weale of Rome, were in cities and towns [Page 112] corporate, as senators were in the citie of Rome, but not senators in déed, nor enioyeng all priuiledges as se­nators. And in this regard the law saith, A L. 33. c. de decur. li. 10. decurion, or (if I may so terme him) a senator of his owne court. And therfore our author descrieth his ignorance in translating him a senator, but most of all when he englisheth him also a capteine. But if so be herein any thing had sounded to his purpose, yet he could not haue reasoned from the fun­ction of a decurion, to the calling of a minister, Et ex ad­uerso, except the lawe had made a paritie betwixt them. Else might I as well reason, bicause the lawe will not haue a L. 11. ff. de decurio­nibus. decurion chosen, aboue fiftie fiue yeres of age, that therefore a minister may not be ordeined aboue that age. And bicause a man L. 6. C. de decur. that cannot read, is not forbidden to exercise the calling of a decurion, therefore such a man may also be a minister.

The next is, bicause prescription dooth not reléeue him, that inioieth any thing without a simple Meaning and vpright conscience. Which men so ordeined (he saith) doo not, but are vniust possessors in their owne conscience, therefore by their owne craft and guile, or lewd practise, they are not to reape benefit. If by his words So ordeined, he meane either all made according to the booke by law esta­blished, or all such as were made without popular electi­on: then hath he left vs, by this collection, no ministerie in England, except perhaps two or thrée leape-lands, which like neither of order, nor ordering, on this side of the sea. But if he meane onlie such, as are not able to preach, then should he haue prooued his Minor, that all such are vniust possessors, euen in their owne knowledge: which now he taketh as granted by his olde woonted fallacie of Petitio principij, which neuer falleth him at such a pinch as this. And séeing such ministers haue at the least, the outward forme of calling by law, and are to be intended to haue a persuation that they are inwardlie also called, and (as all other men naturallie) are parcialie affected in matters [Page 113] tending to their own worldlie behoofe, it can not be doub­ted, but that they will denie that that his assertion, that they should be guiltie to their owne consciences, of vn­tusf possessing their places. Furthermore, his Maior pro­position is [...], a méere stranger to this purpose, sée­ing no minister claimeth the holding of his roome by pre­scription, which requireth a number of yéeres for the ful­filling of it, but by a iust & canonicall title at his first en­trance. Againe if we estéeme it by the ciuill Text. in l. vnica C. de vsucap. transfor. law, a prescrip­tion of ten years, betwixt those that be present; & of twen­tie yeares betwixt those that be absent, is sufficient, where good faith was ment at the beginning: that L. qui. scit § b [...]e fidei. ff. de Osuris. is, where the prescriber did not knowe the thing to be another mans, although perhaps he doubted thereof: notwithstanding that afterwards within the processe of that time, he knew it to be another mans: yea, by the law, a man which at the L. si. quis emptionis. §. quod si quis C de prescrip. 30. annorum. beginning knew it to be another mans, and therefore was Malae fidei possessor, may in thirtie or fortie yeares pre­scribe against the true owner: both which by the c. quoniam omne, &c. vigilanti Ext. de prae­scriptionibus. canon laware vtterlie dissallowed with good reason, and according to Gods word. By which may also appéere by the waie, that the canon law reformeth to good purpose, something in the ciuill lawe, and therefore is not wholie to be contem­ned. Of that rule of law, That no man is to be inriched with another mans iniurie or losse, I cannot sée how he can gather the deposition of all ministers, which be no prea­chers: except he will saie, that some preachers without li­uing, be hereby damnified or iniuried, which would take those liuings, if they were void. To this I saie, Dynus in reg. locuple­tari. that which is doone by disposition of law, is not accounted any mans iniurie or losse: as L. in. contra­ctibus c. de non numera­ta pecunia. if I giue you a bill of my hand for the repaiment of a certeine summe, which I hope to borrowe of you, if you afterward denie to lend it vnto me, and yet kéepe my bill, and I sit still, and let it alone by the space of two yeares, it will be then too late for me, to obiect in barre of the debt, that I neuer receiued the monie: and therefore [Page 114] you shall by law recouer the debt of me, to your inriching, and my great hinderance, notwithstanding this rule of law. Againe, it is not another mans losse or iniurie, for me to kéepe that liuing, which was neuer his, nor he had euer any interest vnto. And therefore these reasons are so farre from giuing strength vnto his former allegations out of the lawes and canons, to prooue his conclusion, which yet being trulie vnderstood, is to be verified; to wit, that The abbettors and deed-dooers are to be punished with like punishment, that they helpe not any thing to prooue the other his more particular conclusion; to wit, That a minister not able to preach, is vnworthie, or being in that respect vnworthie, is therefore to be deposed. Now from his reasons vpon generall rules of law, he goeth backe to talke Once againe touching the displacing of ministers that cannot preach, whom he calleth Idol-shep­herds and hirelings, vnto his reasons of likeliehood taken out of the ciuill and canon law. But two of his Auth. de collatoribus iubemus col­lati. 9. de poe­nis in 6. c. de­gradatio. places, which by quotations he sendeth vs vnto, conteine no such matter as he alledgeth. And there is no such lawe as L. carceri. C. de custodia reorum, neither is there in that whole ti­tle any such thing of a gailor as he alledgeth. Naie, it han­geth not togither, that the gailor which wittinglie and wil­linglie offendeth, should be punished lesse gréeuouslie, than when he faulteth vnwillinglie and of negligence onlie. Of like sort is that his quotation of Feline writing vpon C. ex literis Ext. de rescriptis: wheras there is no such chapter wher­vpon he should write: and it séemeth he was deceiued by the annotations vpon Bartol. In l. 2. §. ignominiae ff. de hijs qui notantur infamia, where this place is indéed so quoted, though falselie. That which he speaketh, & setteth in an Italian let­ter, as though it were some lawe, but without quotation touching a souldior, that by breaking the rules of warfare deserueth death, cannot be racked by similitude or compa­rison any further, than that a criminous minister may de­serue deposition. But what is this to his sufficiencie i [...] [Page 115] learning, or his abilitie to preach? Where sacred Anto­nine the great, togither with his father, did by their pre­script decide as is alledged: our author translating it, tel­leth vs, that he And his father before him haue answered: not much vnlike doltish Dorman our countriman, that translated Diabolus est mendax & pater eius, thus: The diuell is a lier, and so was his father afore him. Herevpon he in­sinuateth certeine Ministers to be pretensed to forsake their standing, and onelie to weare the ensigne of the pro­claimed enimie to their Lord and maister. If he thinke all are but pretended, and doo forsake their standing which can­not preach: besides that it is too vehement an accusation without proofe; it is also vnproperlie spoken to saie any dooth forsake that which he neuer had, nor tooke in hand. By the ensigne of Gods proclaimed enimie worne by mini­sters, it cannot be doubted but he meaneth such apparell and ornaments of ecclesiastiall persons, as this church by law hath receiued, and hir most excellent Maiestie requi­reth. And therefore where this foule and slanderous mouth Slanderous speeches and factious. saith, they are Onelie the ensignes of Gods proclaimed eni­mie, he sheweth the poison of his stomach against hir sacred Maiestie, who hath commanded these ornaments and forme of apparell to be vsed. But if either he or any other hot braine whosoeuer, doo thinke that either they are vn­lawefull by christian magistrate to be vrged, or being commanded, that the magistrate herein may or ought to be disobeied, let them laie foorth their reasons in bréefe syllo­gismes, without flaunt or flourish to dazle the eies of the simple, and they shall (God willing) shortlie after sée their boldnesse to be greater, than either their wit or learning. All the other quotations out of the ciuill and canon lawe in this section alledged (sauing one which is impertinent) tend to shew either what is required of doctors in philoso­phie, physicians, orators, & grammarians about their seue­rall professions: or that as well they as iudges, for vnpro­fitablenes [Page 116] in their seuerall callings, may be againe remoo­ued. And that therfore by the like reason, ministers for their vnprofitablenesse and vnablenesse to giue counsell, which he childishlie and ignorantlie terineth [To consult] may be depriued or deposed: assuming still as granted, all to be vnprofitable that are no preachers. First if this were gran­ted, yet is there great diuersitie betwixt readers, school [...] ­maisters, and such professors, who are chosen to be reteined so long, and no longer, than they are able and shall per­forme the trade of teaching and function, to the which they are allotted: and ministers beneficed, who haue a title for terme of life therein, and in respect of any debilitie or in­firmitie arising, cannot be by lawe remooued during their life, but are in this case to haue a coadiutor appointed vnto them by the Bishop: Arg. l. 83. §. sacramff. de verb. obligatio. & d. l. §. si stichum. and therefore hereby this reason is ouerthrowne. Againe Rodol. Agricola Li. 1. de in­uent. ca. 25. saieth; That of all places, out of which reasons be drawne, none almost is of lesse force against an auditor that resisteth, than the argu­ment taken of similitude. Furthermore, where Abb. in c. cum dilectus Ext. de con­suetu. ver. prima quod. the mat­ter is penall (as in those cases alledged) there an inference cannot be brought from one to another: bicause in penal­ties we argue not to the like by like; for De paenit. dist. 1. §. pae­ne, & 10. And. super gl. & ita c. si postquam de elect. in 6. penalties go not beyond their owne proper case. But to put this matter quite out of doubt, and to shew the vanitie of this kind of reasoning once for all: it is well knowne to those who are but meanelie studied in lawe, that L. non pos­sunt. 12. cum l. sig. l. 27. & 32. ff. de legi­bus. although the rule be, that Where the same reason is, there the lawe also is the same, yet euen then when a difference can hardlie be taken and alledged, this rule hath manie limitations; namelie where some speciall lawe is repugnant to the argument, drawne from the identitie of reason. For as Aristot. li. 2. Rhetor. ca. de solutionibus. Aristotle saith; It is no inconuenience for two probable matters, to be contrarie the one to the other. For there is lesse autho­ritie in arguments than in lawes, bicause right is L1. ff. de reg. iuris, l. 5. ff. de probat. not to be established out of generall rules, but from especiall and [Page 117] particular decisions of lawe. For if right should not be ga­thered out of lawes, but from discourse of reasoning, and from generall rules which be gathered vpon the lawes, then would the law be not onelie infinite, but also vncer­teine, yea and contrarie in it selfe: bicause the rules of law be almost infinit, and one reason may easilie be insringed by another reason. And in this respect Tullie Li. 1. de ora­tore. saith: In the ciuill law we are taught, not by disputations to and fro, which be infinit, and full of alteration, but by the authoritie and direction of lawes. Also this rule holdeth not; L. 7. si pupil­lorum §. si praetor. ff. de rebus mino­rum. where a man is adiudged or decréed touching some certeine per­sons, for such a decree is not to be drawne to all cases which be alike. Lastlie this reasoning and interpreting any case by a like lawe, vpon the sims [...]itude of reason in them both, is onelie L. 11. Pom­ponius ff. de praescriptis verbis. L. 2. §. sed quia C. de vetcri iure enucleando. L. 11. §. cum igitur C. de legibus. permitted to him that hath soueraigne authori­tie and rule, and not to those that onelie haue single iuris­diction, but much lesse to him that hath neither of both. Nei­ther is our authors intent any thing holpen by Bartol. vp­on L2. ff. de ijs qui notantur infamia, bicause he hauing there shewed, that there is one degradation of souldiers or knights, verball, and another reall: and when two proces­ses, and when but one to that purpose are required, he saith: Those things which I haue said of the degradation of sol­diers, the same is also to serue about degradation of doc­tors and clearkes: not noting that for the like offenses, they all are to be deposed, but that the like maner of pro­cesse is appliable to them all. As for that which is said, that He which vsurpeth the ensignes or armes of a doctor, be­ing none, is guiltie of forgerie: can no waie serue for pu­nishing such, as haue the outward calling into the mini­sterie, how vnworthie soeuer: but such as doo vsurpe that calling, without any externall calling, whome other Ext. de cle­rico non or­dinato mini­strante. Ca­nons more pregnant than this lawe dooth sufficientlie méet with.

34. Section. Pag. 71.

NDw at the last our author hauing quit himselfe like a man, and prooued sufficientlie, at the least in his owne conceit, all ministers to be vnwor­thie, and to deserue in that respect de­priuation, which cannot preach: least perhaps the magistrats (though be­ing by him so fullie persuaded) should neuerthelesse faint in this action, as not knowing what course to take in the maner of procéeding against them; he verie gentlie taketh the paines to tell them out of Panormitane, how they may safelie procéed to depriue them, for their ignorance and want of learning. But he maketh his processe to reach vn­to those onelie, who neither haue read any bookes of lear­ning, nor haue béene taught by others reading vnto them; though his intended purpose was to disable all, notwith­standing they had both read priuatlie, and heard others, in diuerse sorts of good learning, if they were no preachers. And therefore he calleth all such, Idols, dumbe, bare mum­bling ministers, and hirelings. But it is better to heare the words of Panormitane himselfe, than his falsified para­phrase Panor. in c. vlt. de aetate & qualitate. vpon them. Note first (saith he) that want of know­ledge is a lawfull cause to depose a man from a Bishoprike, and then is it said there is want of knowledge, when he knoweth not Grammar. Note also secondlie, that know­ledge is not gotten except it be taught by another, or else he himselfe haue read bookes tending to knowledge. And so this maketh against them that will pretend to learne both without a teacher and without bookes: and heere of you may gather the practike of deposing a man in science ignorant: bicause it is sufficient if the witnesses depose, that he neuer read any bookes, nor euer went to schoole, or heard anie reader or teacher. So that we may easilie per­ceiue Fa [...]ficati­on by the author. our authors falsification hereof, when as he by his [Page 119] translation of Panormitane, omitteth wholie that Want of knowledge is ignorance in Grammar, and maketh both the priuate studie, and the hearing of a teacher, to be [...]int­lie requisite for the escaping of this ignorance: wher as in truth Panormicane requireth but either the one or the o­ther to this purpos [...], and therefore with the coniunction, and, taken coniunction & non diuisim, Panormitane saith; A man cannot learne without a teacher and without bookes both: as plainelie appeareth by the disiunctiue fol­lowing, whereof if any part be true, all is true. Also Pa­normitane speaketh here, not of euerie inferiour minister, but of a Bishop: nor of want of any other knowledge, but of Grammar. And least of all by him is it reguired (as our author séemeth to doo) that a minister should learne that strange booke Of controuersies of the gospell. Whereby may appéere that it is but a loose & vnperfect rule to mesure out a ministers learning or abilitie by, when no greater stuffe than Grammar is necessarilie required of a Bishop. And therefore the same author in In. c. nisi. Ext. de re­nuntiatione. another place saith: A competent or reasonable knowledge is sufficient in a pre­lat, neither is it any lawfull cause to resigne and giue place to another, if he want an eminent skill. And againe; What ibidem. if a prelat be ignorant, but be such as may easilie learne? The glosse saith, he may learne, and then licence to resigne shall not be granted, and to this he is bound, although he be an old man. And therefore he in generalitic saith; On­lie that crime is of sufficient force to depose a man, which ibidem. hindereth the execution of his order, though afore he haue beene solemnelie penitent. And that this skill and know­ledge is in no greater matters, than in Grammar, he declareth plainelie thus: I Panor in c. vlt. in fine Ext. de eta. & quaiita. aske (saith he) concerning him that is ignorant in Grammar, and yet by vse dooth speake perfectlie, if such a one be alreadie preferred to a Bishop­prike or other dignitie, whether he shall be deposed? 10. de Deo. li. 9. 16. holdeth, that if otherwise he be profitable to the church, he shall not be deposed. And to this (decision [Page 120] against the Bishop of Calinea) he answereth, that other matters (as heere appeareth) were obiected against him, and to this purpose maketh this: He that knoweth the meaning of the lawe, though hee haue not the know­ledge of it, is borne with: 38. Distincti. c. sedulo. l. scire leges. ff. delegibus. & de consecrat. dist. 2. c. primus quidem. Also their dutie may be by others supplied, c. inter caetera, Ext. de officio ordinarij. Which place plainelie speaketh of want of knowledge, in which regard a coadiutor may be appoin­ted, 7. 9. 1. c. non autem c. exparte, Ext. de clerico aegrotante. And as to the lawes that may be brought to the contrarie, 25. dist. §. nunc autem. 8. 9. 1. c. qualis. 81. dist. c. statuimus, he answereth thus, that they are onelie to be vnderstood of those that are not yet promoted. So that if our author will weie our in­feriour ministers learning, in no other scales but these, there being (I thinke) few or none, no not of the meanest sort, which haue not béene trained vp in Grammar vnder some schoolemaister, or at least by their owne priuate in­dustrie: he shall be so farre from deposing any great num­ber of such as be alreadie ordered, though their ignorance otherwise were not tollerable, so that their life be not also scandalous: that it may truelie be said, his deuise would not so much inrich hir Maiesties tresure, as his booke hath bewraied his meane skill in law, and his cankred affection towards the present state, hath standered hir Maiesties most renowmed gouernement for propagation of the gos­pell, & hath troubled the quiet repose & vnitie of this church.

35. Section. Pag. 71, 72.

IT may appeere (I hope) suffici­entlie by that which hath béene before deliuered, that there is no cause whie we should [...]ie to a disiunction of A simple curat, a rurall priest, or a ple­beiane prelat, by himselfe onelie sur­mised, for the auoiding of any of his [Page 121] Rurall reasons, too Simple to driue vs to anie such poore shifts. For setting aside a flood of words, vainelie now and then puffed forward by the wind of a discontented mind, and furious affection, I cannot call to remembrance that I haue perused anie booke lesse furnished hitherto with pithie proofe, lesse approching to the point of the issue pretended, or more confusedlie tossed to and fro by snat­ches, to resume that, which once it séemed he had relin­quished; than this distracted Abstract dooth. And héere in this section, for that (as he verie generallie auoucheth) All lawes directlie doo inhibit a man to take vpon him an office wherevnto he is vnfit and vncapable; he infer­reth A monstrous and damnable vsage to be tollerated in this church: for that some ministers are Such as know not for what, or how to present their supplication to God, neither what kind of diet they should set before his peo­ple. Truelie I wish vnfainedlie the gift of Gods spirit were doubled and redoubled vpon all of that function, yea that all the Lords people could prophesie: yet can I not without intollerable vnthankefulnesse to God, and great touch of hir Maiesties gratious care, for the instructing of hir people, so debase all ministers abilities, which be no preachers: as to saie, they know not either for what they ought to praie, or that the word of God is the onelie food to the soule of man. Or shall we saie, that none knoweth any thing, nor is able to catechize, or to exhort or dehort in any reasonable measure, but he that is a preacher publike­lie licenced? Séeing it is notorious that euen in the refor­med Art. 8. des mariages en la discipline du France. churches of France, according to which our men that haue their heads so full of church-plots, would séeme to haue squired out all their frame; there be certeine congre­gations tollerated, where they haue no publike sermons, but praiers and certeine exhortations. After, by waie of ampliation (as lawyers of later times terme it) he pro­ceedeth to tell vs of others also, in learning farre surmoun­ting those whome he had afore so disgraced, which are not fit [Page 122] to be made strait waies ministers: namelie grammari­ans and poets from Winchester and Eaton, philosophers and rhetoricians of long continuance in the two Vniuersi­ties, for that They must before shake off vanities, and for­sake their vngodlinesse, where with they haue infected their minds in those places. So that now he requireth such an exactnesse in learning and life, farre aboue that which the Canon law dooth require, that I feare me he would either leaue vs wholie destitute of all ministers, or else he would haue them so fined and refined, that the Quintessence must be in a verie few of his select clients. But the two Vniuer­sities are as slenderlie beholding vnto him for his con­tumelious report of them, as he was to either of them, which could purchase there no more sound reasoning nor modestie than in this booke is shewed. And I thinke it may be truelie auowed to the glorie of God, that the two Vni­uersities are, and for the most part since hir Maiesties hap­pie reigne haue béene, as well stored with sound diuines and preachers, as any foure Vniuersities whatsoeuer in for­reine parts. And although some part of the old frugalitie and discipline is perhaps with the streame of time quailed, which is to be lamented; yet if the Vniuersities on the other side be laied vnto ours, in respect of order and discipline, they will hardlie carrie a vizard of orderlie Vniuersities. And what are those Vanities and vngodlinesse, where with those places infect the minds not of yoonglings onelie, but of those Who haue spent manie yeares there? Belike a weauer may come from the shuttle, and a bare English clearke, or one with a little smacke of French, that neuer was in Grammar schoole, nor tooke degrée but at Botley, or in a scriueners shop, so he be bold and zealous (as they terme it) to gird at his superiours, and the orders of our church, may be allowed by him for a sufficient and a well qualified preacher: but if a graduate come from the Uni­uersitie, he must be cast againe and new founded, and haue some countrie schooling, and be purified seauen times, [Page 123] yer he can be made to beare this mans touch. So that I cease to maruell at some, whome I cannot call The asses of our schooles, bicause they were neuer able to kéepe any exercises there, but onelie at Carefax or [...]ulie-locke in Oxenford, and at the Pumpe tauerne, or the Howsen in Cambridge: who being at the Vniuersities, were such droanes, that they were accompted Non proficientes: yet they afterwards comming into some countries, and betaking themselues to a veine of contempt of all order, and to a strictnesse in godlie words, as the Phariseis did in exter­nall conuerstion, were by a sudden Metamorphôsis transtigured in some singular mens conceits, into great, side, wide, and déepe clearkes, to be woondered at, rather than to be followed.

36. Section. Pag. 72, 73.

HEere haue we another ampliati­on of the rule of vnfit and vncapable ministers, excluding all that haue béene popish priests, quite from the ministerie for euer, with a Non obstan­te, whatsoeuer Popish lawyers which surmise traitorouslie all the professors of the gospell to be heretikes and schismatikes shall saie to the contrarie. As for poperie, I doo by the mercie of God disclaime it with all my heart, and the skill in the Canon law, which I thinke he meaneth, I leaue to him that gathe­red these his texts, whether he were Friar or lier, and to his gentle Glossographer vpon them, if they will not thinke themselues slandered, to be so burdened. But if any sur­mise onelie in heart, as he writeth: I would to God for the safegard of hir Maiestie and this reahne, their hearts were ripped thorough, and such thoughts written in great letters of either side of them, that all men thereby might sée as much, as this man thinketh he dooth. And if their surmises haue also growne to words and open spéeches, [Page 124] I hope our author, for auoiding the danger of abetment vnto such, hath reuealed vnto authoritie such traitorous surmises, before he published his priuitie with them, in a printed pamphlet. In the inlarging of his assumpt, that Papists are heretikes, he speaketh not like a diuine, to saie, that anie being baptized (which is to vs as the couenant of circumcision was in the old law) is an alien from the couenant of God. For hereof it would followe, that a papist once baptised, and forsaking his poperie, * De consecra. dist. 4. c. non in vobis ex Aug. ad. Do­natistas. shoudl be baptized againe before he could be accounted in the couenant, and of the true church; which is plaine Ana­baptisme. That which is said by him, of the force of the Act of parlement, concerning the submission of the clergie, is vainelie and impertinentlie alledged, séeing that part of the act might remaine in force: though it had béene so, that the other part establishing all Canons, &c: had béene re­uersed and repealed. Now, although the act in the 1. yeare of hir Maiesties reigne is thought by many, not to stretch so farre as to make Papisme heresie, to that intent to pu­nish them by the penalties of law appointed to heretikes: yet will I easilie grant, that dubbed papists in tearmes of true diuinitie be grosse heretikes, and some points of their doctrine to be both hereticall to GOD, and traitorous to princes. Neuerthelesse, the place quoted in the Decretals by our author, for proofe that therefore such vpon abiurati­on and renouncing of their schismes and heresies, may not be chosen, admitted or tollerated to beare any ecclesi­asticall Corruption of the text. office, prooueth no such matter. The words alleged, are his words and collection, flat contrarie to the text it selfe, which is; Wheras c. quia Ext. de elect. & elect. potest. you carefullie haue required whe­ther you ought to confirme the election of him, which hauing abiured schisme, is returned to the vnitie of the church: I thought good to answer, that if he haue receiued Gl. ibid. in verb. suseepe­rit. ex c. 1. inf. de schis­mat. no order of a schismatike (so that nothing else doo hinder) I doo permit him by way of dispensation to be confirmed. Where it appeareth, that by dispensation of the superiour, [Page 125] one which hath béene a schismatike, may be admitted to a higher promotion. So that this place and the other being not so much as alledged to any further purpose, than to hin­der such as had béene schismatikes and heretikes, from be­ing admitted to those ecclesiasticall functions, which afore they had not: that part of his Maior remaineth yet naked, that such may not beare an ecclesiasticall office, and be tol­lerated in that place that they were in before. The second allegation manifestlie speaking of those, that being He­retikes, or beleeuers of them, &c: are not to be admitted to any ecclesiasticall benefice, or publike office, is notorious­lie by him falsified, by a Fallacie ab accentu: where without Falsificatiō. any interpunction, he translateth, c. 2. §. haere­tici de haere­ticis in 6. Haeretici autem, creden­tes, receptatores, &c: ad nullum, &c: admittantur, beléeuing here­tikes, their receiuers, &c: let them not be admitted to anie benefice: bicause he would haue it sound, as though it were spoken of heretikes conuerted, and now become true beléeuers. The falsehood and vanitie whereof appea­reth, for that it is no reason, such as fauour a true beléeuer, though he haue béene sometime an heretike, should be de­barred from ecclesiasticall liuing. Also this his sense of this canon, being in force as he saith, dooth exclude all men in England, and their children and nephewes, from bea­ring any publike office, if euer they were papists in times past. Furthermore, by this interpretation, the begining of this Chapter would hinder all that haue béene papists from christian buriall, and procure such as are alreadie bu­ried to be digged vp againe; euen the verie summarie of that §. ouerthroweth this wilfull and childish corruption. The preferment (saith Domin.) of heretikes, of those which beleeue them, or fauour them, &c: is of no force or validitie. In sūma ibid. In the c. vt com­missi. ibid. same title, those selfe-same words are againe re­peated, sufficientlie conuincing his interpretation. Againe the law it selfe dooth plainelie set downe the true meaning thereof in these words; This c. statutum §. hoc sane ibidem. truelie that is spoken of the children and nephewes of heretikes, beleeuers of heretikes, [Page 126] and such of like sort, seemeth ro be vnderstood of the chil­dren of those that either be still such, or which may be proo­ued to haue departed this life being such: and not of their children, whome it may appeare to haue beene reformed, and incorporate againe to the vnitie of the church. And him that desireth futher euidence in this matter, I remit for breuitie to the Gl. in c. 1. ver. nota de schism. in 6. c. si aduersus. c. excommu­nicamus. §. credentes. c. excommun. 2. §. si qui au­tem Ext. de hereticis. piaces here quoted. The contrarie of this doctrine of his, may be prooued by the example of Aa­ron, who was an idolater or an abbettor of idolatrie in the golden calfe, and yet was not vpon his repentance put from his priesthood. Likewise by Peter, whose reuolt and ten [...]porarie apostasie in denieng his maister Christ, was no lesse hainous, than the sinne of our idolatrous priests, who for the most part sinned but of ignorance in that gene­rall blindnesse: and to the like end also c. vt consti­tueretur 50. dist. ex Aug. ad Bonifaciū. this example is else-where alledged. Likewise Augustine, afterward a fa­mous Bishop, was by the space of manie yeares a detesta­ble Manichee, as he witnesseth of himselfe. Also Tharasi­us the patriarch in the councell of Meldis, being the seuenth councell, propounded thus to the whole councell: Dooth c. conuenien­tibus 1. q. 7. ex concilio Meldensi, siue septima sy­nodo. it please you, that those which haue returned from heresie, shall reteine their former roomes? The holie moonkes an­swered; As the sixe generall councels haue receiued those which haue returned from heresie, so doo we receiue them. And the whole councell answered; It pleaseth vs all. And Basilius the Bishop of Anchyra, Theodorus the Bishop of Mirea, and Theodosius the Bishop, were willed to sit ac­cording to their degrees in their seates. And a little before the said Patriarch saith; Behold manie bookes of canons, of synodes, and of ancient fathers haue beene read, and they haue taught vs to receiue those which returne from heresie, if there be no other cause in them to the contrarie. And the glosse Gl. 1. ibidem. there gathereth the whole summe of that action thus: They decreed, that they who returned from heresie, were to be restored to their former estate, so that in writing they doo renounce the heresie, and make pro­profession [Page 127] of the catholike faith. But those are not so to be receiued, which of purpose procured themselues for the subuersion of our faith to be ordeined by heretikes. Againe saith c. quod pro remedio §. similiter. ibid. the canon: Likewise by dispensation, in the verie councell of Nice, it was decreed concerning the Nouati­ans: that vpon their returne againe to the church, they might be receiued to orders. There is also c. quotien [...] ibidem. set downe the forme of an abiuration for a Bishop, returning from schisme. Further Leo c. maximum ibidem. saith concerning a Donatist: Al­though Maximus was vnlawfullie of a meere laie man or­deined (suddenlie) to be a Bishop, yet if he now be no Do­natist, and be free from a schismaticall spirit, we doo not thinke good to put him from that Bishoplie dignitie, which but so so he hath attained. Mention Daibertu [...] ibidem. also is made of one Daibertus, which hauing taken order of deaconshop of one Nezelon an heretike, which also had none other ordination but of an heretike, was a fresh made a deacon; not that the order was reiterated, but bicause he could not be said to re­ceiue that at anothers hands, which the partie himself had not. Augustine c. ipsa pieta [...] in fine 23. q. 4. ex August. ad Bonifaciū. speaking of the repentant Donatists saith; Let them haue a bitter sorowe of their former detestable errour, as Peter had vpon feare of his lie, and let them come to the true church of Christ, the catholike church their mother: and let them be clearkes and Bishops in that church profitablie, which before carried hostile minds a­gainst it; we doo not enuie them, but we imbrace them, ex­hort them, and wish it of them, and whome we find in the hedges and high waies we vrge to come in. And the De­cretall epistle dooth no otherwise debarre heretikes being ecclesiasticall men from continuing their function, but c. ad abolen­dam. when vpon the finding out of their error, they shall refuse presentlie and willinglie, to returne to the vnitie of the ca­tholike faith. And touching such c. omn. 1. q. 1. c. si qui pres­byteri. 1. q. 7. canons as in apperance at the first séeme contrarie: the c. nos consu­etudinem, dist. 12. glosse verie truelie recon­cileth them together saieng; By common right none that returneth from heresie may be ordeined; but such are di­spensed [Page 128] with, as when they are suffered to be preferred to the lower orders. 1. q. 1. c. si quis haereticae. The dispensation is full when he may be made priest, but no further, 1. q. 7. c. conuenientibus. It is more full, when he may be made a Bi­shop, but not a Primate, as in this place: it is most plenti­full, when he may be promoted to all other dignities, 23. q. 4. c. ipsa pietas.

Yea besides the continuall practise and custome of this realme, euen in hir Maiesties iniunctions, made the first yeare of hir blessed reigne, of Priests then, which had but small learning, and had of long time fauoured fond fanta­sies, rather than Gods truth (which must, considering the time then, néeds he vnderstood of massing priests) it is af­firmed, that Their office and function is of God, and ther­fore that they are to be reuerenced. And the 13. Elza. cap. 12. statute cléer­lie decideth the tollerating of all priests in their functions, ordered neither in the time of king Edward, nor in hir Ma­iesties reigne, so they publikelie did testifie, before a time there prefixed, their vniformitie with this church in mat­ters of religion. By the practise of our church (after God had opened their eies to sée the truth) they were not onely tollerated, but some of them aduanced by our godlie Prin­cesse to the highest dignities in it. And God did not onlie singularlie blesse their ministerie towards others, but vouchsafed the persons of some of them the crowne of martyrdome. Euen in the reformed churches of France, thought of all other by our men most strict, and woorthiest of imitation, such as had béene popish priests (as may ap­peare) were tollerated to continue their function, and to reteine their benefices being conuerted to the gospell. Cōme Pierre Vi­ret in De­calog. ie ne veux, &c. As I will not (saith Viret) at all condemne the tolleration vsed towards such, for christian charitie sake, and bicause they should not bee driuen to despaire: so would I also desire they should vnderstand, that they may not hold those goods with a good conscience, except they labour to the vttermost of their power, according to the [Page 129] estate whereto God hath called them, to the edification of the church, and the releefe of the poore, whose goods they inioy. And to this effect he also speaketh more at large in an epistle written to the faithfull. And it is con­teined in the La discipline eccles. des es­glises refor­mes duroy­aulme de France, art 2 & 3. discipline set downe by all the reformed churches of France, that Bishops, priests, and monks, con­uerted to the gospell from Poperie, might be assumed to the ministerie of the gospell, after the confession of their faults and errors, and good experience had of their conuer­sation and doctrine. The like may be said of other chur­ches abroad, which for their first planting vsed the ministe­rie of notable men, which before had béene Massing priests. Naie, it were a manifest abridging of hir Maiesties pre­rogatiue roiall, to bind hir Highnesse hands by such Ca­nons, if there were any, from aduancing men in all other respects fit for the vse of the church, being against both hir Maiesties owne practise, and hir most excellent brothers the vertuous K. Edward. So that we may conclude, the truth of his Maior proposition is as good and no better, than his dealing in the allegations for the proofe of it was plaine and vpright.

37. Section. Pag. 74, 75, 76.

THose things which I haue afore alledged, conteining particular de­cisions of lawe, contrarie to his ab­surd and vncharitable assertion a­gainst penitent sinners; I trust may satisfie our author: séeing for feare of a rule not generall, and with more li­mitations against it, than with it, he is content to let go his former hold. For he saith, though Manie things are not to be doone of vs, which being once doone must stand; yet the Massing priests might neuerthelesse and ought to haue béene secluded From the ministerie at the entrie of hir Ma­iesties reigne. So that it seemeth he alloweth of their tol­leration [Page 130] now to remaine in their roomes: though by the waie he accuse both hir Maiestie and the whole state then, Accusation of hir Ma­iestie and the state, for want of dis­cretion. as not performing their duties herein, and of vnaduised translating of the canon lawes vnto vs. And here againe he sheweth his great skill in Law and Logike, when he would both haue had the canon law then wholie abroga­ted: and yet by that law, he would haue had such as had sometimes béene Massing priests, and conuerted to the gospell, debarred from the ministerie. The c. sollicitudi­nem Ext. de appellat. & ibi. gl. ver. tanquam ad­uersa remissi­ [...]e. lawe saith, He that alledgeth contraries, is not to be heard. There­fore to helpe vp the matter fullie on his side, he surmiseth by waie of admittance, that They are idolators still, or that they doo keepe backe from the people the word of God: and therefore are to be remooued. And it is a mar­uell, that his skill in law was not such as to haue alledged for proofe hereof full wiselie, Semel malus semper praesumitur malus. But who art thou that thus iudgest another mans seruant, who either standeth or falleth to his owne lord? And who, if either Their insufficiencie, negligence, con­tempt, oridolatrous hearts may be duelie found out, where­with he chargeth them, are not to be tollerated any more Railing a­gainst or­ders of the church. in respect of their conformitie to weare cap and surplesse, by law prescribed, which (I doubt not) but vnder their per­sons be here ment to make absolutelie odious: than his clients are to be borne with, who in contempt of lawe doo swing vp and downe at communion and else-where, one­lie in their side cloakes, more like ruffians and drouers, than sage and staied ministers, in a setled church. And where he goeth about to heale that which belike he feared would be obiected, concerning the 2. Kings. ca. 23. ver. 8, 9. priests of the high places, whome Iosias brought out of all the cities of Iuda, and suf­fered them to eate of the vnleauened bread among their brethren, he is but afraid herein of his owne shadow: for he seeth there are other more pregnant places a great deale Falūficatiō. to this purpose. But here he hath also falsified the text, in making these Priests of the high places, the Priests of Baal, [Page 131] (whose priests are indéed spoken of in the fist verse) and by calling the Vnleauened bread by the name of Tithes and offrings. And here also, by waie of recapitulation of that which had béene spoken foure or fiue pages before, he fling­eth backe againe, to inforce the remoouing of a minister for insufficiencie or negligence, as well as men in diuers other functions are for the like to be remooued: which his reason is answered afore. And at the closing vp hereof (as Orators doo, when at the first and in the end, they set their most forceable persuasions, to leaue the déeper impression) he allegeth thrée lawes belike as the verie cutthrotes of all. A permission was L. 12. si quis cterialis C. de Epi. & Cleric. giuen vnto Decurions by Theodosius the emperour, vpon relinquishment of their goods to be­come clearkes. Which the emperours following thought good to abrogate, by calling backe publike officers and mi­nisters, which either in regard of the troubles of such func­tions, of superstition and admiration of that kind of life, or for the enioyeng of the immunities of clearkes, would leaue their former roomes destitute, and procure them­selues to be ordeined clearkes, in some great church a­mongst other. But I sée not what this may prooue, sauing that princes heretofore haue made lawes, to bring backe ecclesiasticall persons from the seruice of the church, which vnduelie and with for saking of their former vocation they vndertooke. As for bond men, which by their maisters con­sent first taking vpon them to be Moonkes (all which were in those c. a subdiac [...] no 93. dist. daies laie men) did relinquish their solitarie life afterwards, and therefore were brought backe to their old slauerie, least they should reape benefit, and their maisters by such collusion be damnified: I cannot sée to what end it is brought, but to make vp a number, and to range in a ranke with the rest. His last allegation here is his owne collection, and not the law it selfe in either of the places quoted, which prooue onelie that infamie, which is Infamia iuris, is sufficient cause of remoouing a man from an office of credit, and saie nothing of hindering him to aspire to [Page 132] such a place as is here alledged: although the law be else­where as pregnant for the one as for the other. And though this be true, and to be applied also to ministers, yet is it not by force of these lawes onelie, but by vertue of other Ca­nons, especiallie prouided for that end and purpose.

38. Section. Pag. 76, 77.

HEre he rangeth still further and further from his issue, which is, that such a learning as enableth a man to preach, and none other is, allowed of by lawe in a minister: and would now forsooth prooue our ministers to be no ministers at all, for that they are not made according to the forme and maner which the law prescribeth. That they are not so made, he leaueth as yet vnprooued, and taketh it of the readers liberalitie as granted vnto him, which neuer ment to ease him of that paines. The reason of the consecution, if they be not in that maner and forme made and ordered as is appointed, that then They are no ministers in deed and truth, but onelie in shew and appeerance; hereof he thinketh may be establi­shed, bicause the statute saith: Those which be or shall be made deacons or ministers after the forme and order pre­scribed, shall be by authoritie thereof declared and enacted to bee, and shall bee priests, ministers and deacons, and rightlie made and ordered, &c. And if hereof may be ga­thered, that therefore none shall be accompted deacons, priests, or ministers, but which be ordered in that precise and exact forme: then will it follow that no Deacons and Priests ordered in the times of king Henrie, and Quéene Marie, are to be so accompted with vs for Priests, whereof the contrarie afore is shewed. Then also none made and ordered by a Bishop consecrated in those times, as the most ministers were at hir Maiesties first entrance, shall be true Deacons or Ministers, though in other points the [Page 133] forme of the booke be obserued wholie, bicause by that rec­koning, the Bishops that ordered them, being also conse­crate after another forme, were no Bishops, and so those which haue béene consecrated of them since, no Bishops likewise, being not consecrate by verie Bishops: and con­sequentlie neither the Priests ordered after the popish ma­ner, nor any of our Deacons and Ministers now are by this mans collection True deacons or ministers, but onelie in shew and apperance. En quo discordia ciues perduxit mise­ros. Naie then are all the ministers of other reformed chur­ches, being not ordered according to this forme, to be ac­compted as no true ministers; but especiallie some of our owne countrie men (who yet thinke themselues more law­fullie called than any of ours besides, bicause they were or­dered beyond sea after another maner) shall be in the same Predicament with others; seeing our author hath taught vs to reason out of this statute, both affirmatiuelie and negatiuelie. But I haue somewhat aforeshewed, how far an argument A contrario sensu dooth hold, and the common lawyers can tell him, that this statute being in the affir­matiue onelie, may well establish those as true ministers which be ordered according to that forme, but cannot se­clude all others, though they be not so ordered. But his dea­ling Malice pal­pable. is woorth the marking, whose proofe being generall a­gainst all, not ordered in maner and forme as is required, yet he concludeth onelie against Vnlearned ministers, that by law they are no ministers at all; when as the want of ob­seruation of that forme, will disable by his construction euen the best learned, as fullie as the vnlearned.

39. Section. Pag. 77, 78, 79, 80.

THat the not obseruance of the maner and forme in any point (for so must his in­definite spéech héereof néeds be construed) about ordering of Deacons and Ministers, dooth infect the whole action, and maketh it of [Page 134] no validitie in law; he here laboureth to inferre vpon di­uerse places out of the law Ciuill, Canon, and Common, which to diuerse purposes doo séeme necessarilie to require a set and an exact forme for accomplishment of them. In his first allegation to this purpose, I note his want of iudgement. For that L. si is qui §. quaedam ff. ad [...]. Falcidiam. law compelleth an heire or executor to perfect and finish such works as the testator hath willed to be made, yea though the fourth part of the whole goods otherwise by Lex Falcidia due vnto him, be there vpon also spent, bicause it is a legacie that cannot be diuided: and therefore it is not sufficient for the heire to laie onelie so much cost vpon it, as that he may reteine his fourth part due vnto him by law: but he must make vp the worke per­fectlie. So that the reason of this decision is not anie forme required thereto, as he would gather, but onelie the nature of the legacie, which otherwise were to no vse, if it might receiue such an apportionment. The c. caussam Ext. de iudi­cijs. chapter it selfe out of which Panormitane gathered that which here in the second place is alledged, dooth sufficientlie shew, that euen those formes and solemnities, which be of the substance of the act, may be countermanded by custome. For though nei­ther the prior and couent of a cathedrall church without the Bishop, nor the Bishop without the chapter, could then sue or be sued, as partlie by this canon, and partlie by the lawes alledged by the Gl. in ver. assensu ibid. glosse here appeareth: yet we sée that the vniforme custome of this land, hath since that time otherwise preuailed against these lawes and canons. And I cannot coniecture whie our author thought good to ex­plane this, being of it selfe verie manifest by an example of euangelicall denuntiation: except he would haue vs to gather hereof, euen contrarie to the practise of all reformed churches, that in no case excommunication is to be inflic­ted, but vpon the procéeding by these degrées mentioned. But then would it be verie hard, as it is still by this meanes, to haue any vse of excommunication at all, sée­ing hée requireth the priuate monition giuen onelie in [Page 135] [...]he hearing of the two parties themselues to be first Proo­ued, which must necessarilie be by witnesses. And by the waie I cannot sée, if this place of the 18. of Matthew be a perfect platforme of excommunication, as some doo af­firme, how excommunication can be otherwise laid vpon any man, but when the originall did begin vpon a priuate offense, betwixt some particular parties, and where all the circumstances there touched be obserued.

The c. 1. §. quia verò de rebus ecclesiae alien. in. 6. canon which (without all quotation) he alledgeth to the like end as afore, dooth not ground the inualiditie of the alienation of those church goods, onelie vpon want of a so­lemne and diligent discussing of the matter before: but first and principallie, bicause the tithes were allotted vn­to the Archdeacon of Duresme, from a church being void, and wanting a defendor. And againe, bicause there was no euident necessitie or profit of that alienation. And by his Auth. ho [...] ius, & Auth. praeterea Cod. de sacros. eccl. alledging of two Authentikes inserted into the bodie of the Code of Iustinian, by the name of two lawes, he ar­gueth either his great hast, or his small skill & practise in law. The two decisions, which likewise he alledgeth with­out any direction of proofe, as being according to the com­mon law of this land, I thinke he will not compare and saie that they conteine no more exact a forme, than is the forme prescribed in making of ministers. For then like as he telleth vs, the statute speaking of pledges, can­not be satisfied with one pledge alone; so the booke menti­oning alwaies deacons and priests in the plurall number to be ordered, shall by this comparison exclude the Bishop from making but one minister at once, though there be no more places but one in his diocesse void at that time. The other places of this section, which he partlie quoteth out of Panormitane, and partlie as being wearie, leaueth without quotation, it were but lost labour to search into, séeing they haue their truth, if they haue beene trulie vn­derstood: and one answer may serue both to them, and all other of like nature. For if he will intend any to be no [Page 136] ministers in this church, in this respect, that they were not ordered according vnto that forme, which he imagi­neth of necessitie is so required, that without it the whole action is made void: then must he prooue, such neces­sarie forme to haue béene omitted at their making: which else by the instrument and testimonials therof made, will be otherwise presumed: and also, that it is not onlie an ac­cidentall forme or solemnitie, but of that substance and weight in that action, that the neglecting thereof shall o­uerturne that which is doone, euen as though it neuer had beene. As touching the first, where it appeareth a fact to be doone (as that a minister hath beene ordered, is prooued by the Autentike seale of the Bishop) that there the law will also intend & presume till the contrarie can be shewed, all things thereabouts to haue béene lawfullie, orderlie, and solemnelie doone, is by law verie euident. Generallie L. 30. scien­dum ff. de verb. oblig. is to be vnderstood, that if a man write that he hath become suretie for one, all things thereto incident are intended ^b to haue beene solemnelie doone. Likewise, L. 5. ff. de proba. Paule did an­swer for lawe, that if any man denie an emancipation or infranchising from the fathers power, to haue beene right­lie made, there he must vndertake to prooue it, bicause the presumption of law is to the contrarie. Also In the Instit. defi­deiuss. §. fi­nali. bonds and stipulations of sureties, we are to vnderstand, that it is generallie to be holden, that whatsoeuer is set downe in writing as doon, that is intended accordingly to haue been doone. And therevpon is gathered againe as I haue al­ledged before in the first place, and as may be gathered out of verie many other L. 19. §. sed [...]tsi ff. de pro­bat. l. 134. Ti­tia. §. penult. ff. de verb. ob­ligat. Instit. de inutil. sti­pulat. §. si scriptum. l. 1. C. de contra­henda stipu­lat. l. 51. me­rito. ff. pro­sodo. lawes too long to be particularlie re­hearsed. Moreouer, Arg. l. 6. qui in. §. 1. ff. de acquir. vel [...]mit. haered. the verie continuance of time, and possession of their places by their ordering, dooth breed a presumption in law, that those things which were thereto necessarilie required, were therein vsed. And as to the se­cond point, in case it should be prooued that diuers points of maner & forme, by the booke of ordring prescribed, haue beene in ordring of some omitted, yet the want therof can [Page 137] no waie impeach the truth of their ministerie, or lawfulnes of their calling: except they were at the least prooued to be of the necessarie substance and forme of that action. And in the meane time, what shall we thinke of this man, who vnder this pretense of skirmishing onelie with vnlearned ministers, dooth leaue (as much as in him lieth) a scruple in the minds of all our ministers, least peraduenture vpon occasion of some part of the forme and maner prescribed, being by the Bishop omitted, they might hereby by law be adiudged vniust possessors of their places, and consequent­lie, with an euill conscience to haue receiued the reuenues of their benefices? But The L. 1. §. fin. ff. de ventre in­spi. & ibid. Bart. & in l. 1. de edicto aedilitio. & in l. Diuus ff. de restitu­tione in inte­grum. not vsing of any forme or solemnitie being not of the substance of the matter dooth not make void the action. Now, The Bald. in l. penult. C. de cond. insert. forme which is of substance, is nothing else but the verie perfect state of anie matter or disposition. And If l. 6. vniuer­sis C. de preci­bus imperas. offerend. any solemnitie be required in the maner of dooing any act, though the same were not vsed therein, yet the act may be made good and ratified, so the said forme were not of substance. Againe, The Bald. in rubr. C. de success. aedi. lea­uing out of an accidentall or small solemnitie, maketh not the action wherein it was required to be called backe a­gaine. And beside the place here quoted, the said Baldus is of the same iudgement In l. fin. C. de iure deliberandi: and not onelie he, but (as I haue read) all other doctors wri­ting, In l. 1. §. 1. C. d. sauing onelie Fulgosius, which in that place, and in the preface of the Code, is of another conceit, and is therfore iustlie reprehended by Iason Cons. 26. vol. 1. In which respect Baldus saith, that A Bald. & A­lex. in l. 1. in fine ff. de libe­ris & post­humis. & Bald. in Ant. matri C. quando mu­lier tut. off. slender or light so­lemnitie is not to be constructed as a cōdition set downe by law. So that vpon failing thereof, the disposition of law shall not thereby faile and be auoided. And it is then said to be but an accidentall and light solemnitie, Bald. & Ang. in l. fin. §. si vero C. de iure de­libe. when it bringeth either small or no preiudice at all: or is such as Bald. in l. hac consultis­sima. C. de testamentis. was not established vpon any vrgent reason or vtilitie; or that Which if Bart. in l. 1. §. plures. ff. de exerci­toria, & Ia­son Cons. 26. vol. 1. it be omitted, cannot change and alter the substance of the fact. Naie the law teacheth vs, that if [Page 138] ⁱ a certeine forme be set downe by man (as by the prince in [...] Pisanis & ibi Iohannes Andr. & Abb. Ext. de restitu. spolia­torum Car. in Clem. 1. 30. q. de decimis. Innoc. in c. cū dilect. Ext. de rescriptis. A­lex. in l. cum lex. ff. de fidei­iuss. a commission) then the action that is done without that so­lemnitie, shall of it selfe fall to the ground: but it is other­wise, when the forme is appointed out by law, for then such an act (without that forme) may well inough be auailable: yet alwaies with this limitation, so that the law or statute commanding or prescribing an act to be doon in such or such maner and forme, doo Bald. Imola & Alex. in l. 1. ff. de liberis & posth. Bald. in l. non pos­sunt ff. de le­gibus, & in l. si quis mihi §. coram ff. de acquir. hered. procéed no further: as in expresse words to adnull that which shall be done otherwise: or else doo Alex. in l. 1. ff. de liberis & posthu. & cons. 23. & 3 5. in. 4. part. not prohibit such an act to be done, otherwise than in the said certeine maner and forme: for if it doo prohibit, though mention be not made of annihilating, yet by verie force of law, the act being done without such a necessarie forme as the prohibition importeth, dooth become void.

40. Section. Pag. 80, 81, 82.

BIcause our author foresaw what might be truelie answered to his thicke mist of allegations, for ma­king void of all ordinations of dea­cons and ministers, wherein anie point of the prescribed forme or ma­ner was omitted: which may ap­peare by the conclusion of this section, in which he gathe­reth certeine points To be essentiall and not accidentall: he therefore thought good here, for the better winding of all, whome he imagineth vnlearned ministers, into the danger of vsurpation, to note certeine particular solemni­ties, concerning the examination, time, and presenting of clearkes to be ordeined: hoping belike, that vpon his poore credit we would accept them, without proofe to be essenti­all points of this action. Wherevpon he promiseth to him­selfe a triumph of his owne decreeing, as not doubting but that all or some of these haue béene omitted, at the ordina­tions of vnlearned ministers. But what spirit shall we saie this man to be lead by, which vpon his owne onelie [Page 139] vncharitable surmise, of such omissions (euen contrarie to that which the law presumeth) dare so confidentlie and pub­likelie call in question, not onelie the lawfulnesse of cal­ling, and staie of liuing, of all vnlearned ministers (against whome principallie he séemeth to bend his forces) but of all other, euen the best and most learned in the land? Séeing it is as likelie, that some, or all of these solemnities were omitted and let slip at their ordinations, as at any others. But thanked be God, there is no cause for them to dismay themselues: all this wind is but a painted blast, like that which bloweth at the end of a map, and will shake neither corne nor chaffe. The Gl. in ver. inuestigent, c. quan. dist. 24. glosse alledged, that He that is not examined before his ordering, is to be deposed, cannot well and simplie be vnderstood of the minister ordeined. First, bicause it is not gathered of the text whereon he glo­seth, nor vpon that c. nihil est §. Epi. Ext. de e­lect. & electi. which he bringeth for proofe of it. For that text onelie punisheth the Bishop that ordeineth vn­worthie men (not mentioning any examination of inferi­or ministers) which the penaltie else-where by canons pro­uided, which is, c. cū in cun­ctis. §. fin. d. to be bereaued of conferring of orders and benefices. And what reason indéed was there to depose the minister, bicause the Bishop did not examine him? Againe by this interpretation the glosse should be contrarie to it selfe (as in another place to another purpose is shewed) where Gl. vnica in c. nullus ordi ne tur dist. 24 is said, Heere you haue to marke, that the testimo­nie of the people is equiualent to examination, wherevpon it is sufficient that a clearke to be ordeined haue a good fame of his side. And this also c. de Petro. dist. 47. c. valde, di. 94. &c. mandata Ext. de prae­sumptionib. appeareth, bicause those which are knowne, are not to be examined, but onlie stran­gers. And againe the same glosse vpon the selfe-same chap­ter Gl. in c. quā ­do ver. aliàs dist. 24. speaking of Examination and that otherwise the Bi­shop without aduise of other clearkes, and the good testi­monie of the people may not presume to ordeine: saith; Aliàs, &c: Otherwise, that is to saie, if they be not exami­ned by those who are about the Bishop, or tried by the te­stimonie of the people. So that we sée, it is so farre off from [Page 140] deposing a minister, bicause at his ordering he was not examined, that it is not necessarie alwaies, that he be exa­mined, and the verie words of the glosse alledged, are doubtfull and indifferent to be applied, as well to the depo­sition of the Bishop, which dooth not cause the clearks to be examined, as of any other; so that if there were law to war­rant it, I should thinke it ment of the Bishops onelie de­posing. These Gl. d. in ver. inuestigent. three (saith that glosse) lawfull age, sufficient learning, and honest conuersation are especiallie to be re­quired, and if he be not examined in these three, Deponen­dus est. Which our author meaning to put out of all doubt, to be meant of the partie so ordeined, hath either foisted in this whole sentence, If any be made an elder or deacon, without examination, let him be cast out from the clear­gie; or else I must saie, he hath a larger booke to serue his turne than ordinarie: yea though it were so to be vnder­stood, whereof I haue prooued the contrarie, yet it maketh not such Ipso facto to be intrudors, and no ministers at all: but leaueth them to be deposed by sentence of their Or­dinarie, which with no reason can depose them, one­lie bicause he himselfe neglected to haue them examined. That which he bringeth héere out of the canon law, concer­ning the time of ordinations, if it be alledged, as being in force with vs; I answer, that he must first tell vs, which of the canons varieng amongst themselues hereabouts, we must reteine for law amongst vs. Some of the oldest ap­point c. quod à pa­tribus, &c. quod die. 75. dist. onlie the Lords daie, other some c. vlt. ibid. appoint for this purpose the foure solemne feasts which we cal imberdaies, and the saturdaie before the passion sundaie onelie; his text Sane super eo, Ext. de temp. ordinat. mentioneth onelie the foure solemne feasts, and the c. De eo au­tem ibidem. next chapter following addeth the saturdaie next before Caster daie, and the saturdaie before passion sundaie. A­gaine, our generall costome vniformelie obserued, which cannot by reason of the multitude so ordeined, without Sane extra. de tempori. ordinat. great offense and confusion be now (as a corruption) with all acts there vpon depending, disannulled: dooth by lawe [Page 141] sufficientlie establish, all ministers ordeined at other times, than the canons doo prefix. Lastlie and chéefclie, the act of parlement, which declareth all such to be rightlie made and ordered, that be made according to the booke for that purpose prouided, dooth stronglie confute this asserti­on. For the booke saith; The Bishop may vpon a sundaie or holiedaie admit, &c: which being a statute neither pro­hibitiue nor annullatiue, giuing libertie to the Bishop to make deacons and ministers on sundaies or holiedaies, as it dooth sufficientlie repeale the strictnesse of the canons herein, so dooth it by no construction make void the ordina­tion of such as be ordeined on other daies. But if he will inforce, that as the time of ordinations with them, was an essentiall forme and solemnitie; so the sundaie and ho­liedaie must be with vs: I saie the difference betwixt them is great. For the c. de eo au­tem. d. canon law saith; It shall not be lawfull for any Bishop to ordeine at anie other time: but the booke onelie saith, The Bishop may vpon a sundaie or holiedaie admit. And the canon it selfe dooth not so make the time to be of the substance of that action, that those who are ordei­ned at other times, shall thereby be accompted as not or­deined. For where the place by our author alledged, vseth the word of Deposing, there the Gl. in ver. deponerentur c. sane d. glosse expoundeth it De­posed from execution, and to be suspended onelie. Which agréeth c. cum qui­dam. d. to the text afterward, that suspendeth those which be ordeined at vndue times, till they receiue fauour for their restitution. Againe, the c. penult. d. canon saith: It is not to be doubted, but such as haue taken orders, at other times than are appointed, haue receiued the character (that is, are in­deed priestes:) and after inflicting vpon them due penance for their transgression herein, you may tollerate them to minister, according to the orders that they haue taken. Now he commeth to another quidditie, and as he would haue vs beléeue a substantiall solemnitie, which is the pre­sentation of ministers to the Bishop by the Archdeacon, without naming of his deputie, as is done in deacons or­dinations. [Page 142] Which point, if it were of substance, might no doubt in manie places reach as well vnto the preiudice of good and learned ministers, as of vnlearned. But what reason were there, that the minister should be punished for the archdeacons neglect of his dutie? Or of whome should he inquire, if he knew him not, whether he were the verie archdeacon, or but his deputie? Or whie should we thinke that the deputie may not be as sufficient to present them to the Bishop, as the archdeacon himself? Or whie are we to imagine, séeing the booke presumeth for the most part, both the order of deacon to some, and of priesthood to other some, to be giuen in one daie, that the archdeacon being present, would depute one to present deacons, and he him­selfe in person present the priests? And what if the cathe­drall church haue no archdeacon established there, or the archdeaconrie be void, or he himselfe bed-rid; shall the Bi­shop (diuerse places of ministration being vold in the dio­cesse) staie the ordering of ministers for those void roomes, till there be a new archdeacon? And what if the Bishop doo so sufficientlie know them, or doo examine them himselfe, that the archdeacon dooth not examine them, what néed is there then for him to present them? Or whie is this more of substance than the Bishops Sitting in a chaire, when the oth of supremacie is ministred, which the Booke mentio­neth; or to order at the least thrée at a tune: séeing the booke saith; The archdeacon shall present vnto the Bishop all them that shall receiue the order of priesthood that daie, which cannot be spoken of fewer than of thrée? Or if none but the archdeacon might present ministers, without ouer­throwe of the whole action, why did not the booke saie; The archdeacon himselfe, and none other shall present. And séeing it is said otherwise, the act in law shall be good en­ough, as hath beene shewed before. And the rule of law is; Reg. qui per alium, & ibi Dynus. That which is done by another, seemeth in the eie of the law to be done by himselfe. But he saith, the archdeacons industrie is herein especiallie chosen: and therefore this [Page 143] dutie cannot be committed ouer againe to any other. For proofe of this consequence, he alledgeth two places, one of them thrise, and the other twise ouer, for feare he should séeme to lacke law in this point. That, c. sicui de preb. & dig­in. in 6. out of the text (which yet gaue him light to flourish and braue a little with the Bishop of London, and his Archdeacon, about the Trea­sureship of Powles) speaketh not a word of inhibiting a de­legate, to substitute another for him: but decideth, that if the prince commit authoritie to a man to furnish certeine benefices with fit men, and die before the trust be accom­plished, yet the commission dooth not determine: but if it be to place some certeine person therein, and before he be pla­ced, the prince dieth; then the commission hereby dooth cease. The other canon out of the Decretals maketh direct­lie against him, sauing in certeine cases there expressed: Bicause c. quoniam Ext. de officio delegati. (saith that canon) the apostolike See intendeth to prouide for matters, and not for persons to whom they are committed; if the iudge either of meere office by vs assigned vnto him, or by the parties consent agreed vpon, doo depute another in his steed (considering the princes delegate may by lawe doo so) this deputation shall be of force. The like is to be said of a Bishop, who hath a cōmis­sion to execute together with the one of his collegues, for he may substitute another, and then the other two colle­gues cannot proceed without him, whom the Bishop did subdelegate. c. d. §. is an­tem. when a man is inioined to execute a matter personallie, except the parties doo con­sent. Also c. d. §. d. ver. praeter quam. when an inquisition or prouision for apt prelats or ministers is committed to be done, bicause in such, the industrie and credit of the partie is intended, especiallie to haue béene regarded. Lastlie it faileth c. d. §. caete­rum. when not a iu­risdiction, but a bare ministerie and execution of some mat­ter is recommended. None of which thrée limitations can anie waie be applied to the presentation of ministers by the archdeacon onelie. For if he had beene so strictlie tied, then should this word Personallie, or some equiualent haue [Page 144] béene vsed. Neither is the prouision for apt ministers, or the blame for default thereof (as our Pag. 64. & 65. vide gl. in c. ad h [...]c ver. examinentur Ext. de officio Archidiaconi &c. Episco. Ext. de preb. author himselfe a­fore hath prooued) incident to the archdeacon, but to the Bi­shop, and the lawe chooseth not the industrie of him to this effect: but the Bishop in all places chooseth his archdeacon, vpon whom this iurisdiction, in right of his office, is there­vpon cast. And therefore this is not as a bare ministerie committed vnto him by any man, but cast vpon him by reason of his office, through the disposition of the law; yet not so necessarilie or especiallie as our author vrgeth, but that by law the presentation by the archdeacon may be o­mitted: That Gl. in c. quā ­do, ver. sacer­dotes. dist. 24. is (saith the glosse) when the Bishop ordei­neth without any presenting by the archdeacon.

And Gl. in ca. ad haec ver. ex­aminentur, Ext. de officio Archid. &c. vt nostrum. d. another glosse saith; That of common right it is the archdeacons office, to examine and present clearks to be ordeined: yet this is not generall, if either there bee no archdeacon, as in manie churches, or if the Bishop thinke good to c. quando dist. 24. choose especiallie other priests for this purpose. And if it were of substance, yet in the answer to the for­mer section it is sufficientlie shewed, that the leauing of it out, cannot make void the ordination. So that his first conclusion, that these thrée, The examination, the time for ordering, and the presenting by the archdeacon, and also The calling, whereof he hath before not spoken one word, are points Essentiall, and causes formall, dooth fall flat to the ground; and much more his other conclusion depen­ding thereof: that none being no preachers (whom he ther­fore called Toong-tied) are to be accompted ministers, bi­cause they are Not made according to the order & forme of the statute. Whereby he would beate not vnlearned ministers alone; but withall, like one blindfolded with malice, he lasheth out at all ministers, in whose ordinati­on some such slender circumstance hath not béene perhaps vsed.

41. Section. Pag. 83, 84.

ID his question heere, seeing All so­lemnities in the making of ministers (as he thinketh) are by the lawmakers ap­pointment essentiall or substantiall, in case some not of the least moment onlie and which might otherwise wel inough haue beene reputed accidentall, bee o­mitted; but other of greater weight which he reckoneth: whether then men so ordeined By our statute lawe be mini­sters at all or no? I doo answer, that except he can both prooue all such (whose omission he would inforce to ouer­throwe the whole action) to be essentiall; and also those other circumstances to concur, which in the end of the next secti­on sauing one afore, I haue shewed to be required to the adnulling of an act for want of forme, we must still ac­compt them for lawfull ministers in the church. For al­though the Bishop, who omitteth any of those which be of moment, may be punished: yet I for my part cannot ac­compt any point of the ordination to be the formall cause of the externall calling into the ministerie, besides the words, giuing the authoritie to execute that function, and the two necessarie solemnities of praier, and the impositi­on of hands. I doo obserue in this section, that he or his printer to gratifie him, hath twise changed the forme of the letter from Romane vnto Italian, as though they were not the authors onelie words, but some allegation. Also, that among those things which he would necessarilie haue the Bishop to haue regard vnto, and not to omit at ordina­tions, he reckoneth this: that the minister be mooued by the Holie-ghost, and be persuaded of the sufficiencie of scripture to saluation, and surmiseth (verie vncharitablie) these to be wanting in Too too manie of our ministers, which no man, but the spirit of the man himselfe, which is within him, can iudge: so soone is he lept into Gods owne [Page 146] throne; and faketh vpon him, to set downe what lieth hid in a mans owne conscience. Likewise is that of his ridi­culous, where he blameth the Bishop for ordering him, that is not example to his flocke, or will not teach, &c: con­sidering it is not possible for the Bishop to prophesie, how the minister will behaue himselfe in his function after­ward. And the booke prescribeth not these as qualities to be attended before the ordination: but as solemne vowes and promises before God and his congregation: the more strictlie to tie the minister vnto the fulfilling of his dutie. And so is this as foolish and wandring, where he saith, The vnlearned ministers, the complaints to the Councell, & the Bishops owne records, are glasses, where in wee may see these omissions of forme and maner at ordinations not to be feigned. I doo thinke verie few complaints haue béene made for not obseruing the forme of the booke, and fewer circumstances omitted (I am sure) are recorded. Touching his Daior proposition of his syllogisme, That the forme not obserued by him, which had no authoritie before that booke of ordering was by law confirmed, except he meane it, that they had no authoritie before to make them accor­ding to that forme, is most apparentlie false, and to be con­trolled by infinit lawes and canons, which endow them with this authoritie, as incident vnto their dignitie, euen from the apostles times downeward. Now the lawe is be­rie euident, that Gloss. singul. & Caerd. in Clem. 1. in princ. de iure patronatus. & Phil. in c. qua fronte Ext. de appel. If a forme be by law set downe to be done by an Ordinarie, in that point wherein he had iurisdiction afore, though the forme be not obserued, yet the act done is of force, and shall stand. Therefore the vanitie of all that hath to this purpose hitherto by him béene said, is hereby detected. But admitting the conclusion were true, That processe not made according to the order and forme of the statute were void: how can he inferre hereof, that all not being preachers (whome therefore he calleth Dumbe and idoll-ministers) are no ministers at all? Dust we thinke that such, as at their making ministers are able to preach, [Page 147] haue this priuiledge peculiar onelie to them, that no part of the forme can possiblie be omitted at their ordination; and that other that be not able, are all so vnhappie, that the Bishop possiblie cannot at their ordination hit vpon it? But what shall we saie then, if one able to preach, and ano­ther not able, be at one time and in one maner ordeined togither: shall the one, shall both, or shall neither, for want onelie of some forme, be ministers Indeed, and by law, ac­cording to this mans supposition?

42. Section. Pag. 85.

THaue shewed before what force these reasons of similitude or compa­rison are of, in all disputation; but e­speciallie in matter of law. His L 10. ff. de decuri. first, That the inserting of a mans name in the register of decurions, will not make him a decurion without a due election, being set by him vnquoted, hath not so much as a colour or shew to prooue anie thing else, but that euerie one is not straight (without the outward calling of the church) to be reputed a minister, though he by some meanes haue gotten letters of orders. The l. 30. ff. quā ­do dies, lega. cedat. reason of the other law by him alledged, whie the Iegacie giuen to an infant the day of hir marriage, shall not be due before the be married and haue atteined twelue yeares of age, is: bicause before that time it is but a mocke marriage, and may be dissolued at such age, neither is reputed a iust and lawfull matrimonie before that time, according to that, Institut de nup [...]s in initio. Iustas nuptias inter se con­trahunt ciues Romani, viri quidem puberes, foeminae autem viripo­tentes. If he will applie this to his purpose, then must he prooue, that an ordination into the ministerie of any not a­ble to preach, is by lawe as no ordination: the contrarie where of I Sect. 30. haue afore shewed, euen out of that statute, which here he alledgeth: where it was also said, that the sta­tute hath no one word, to make void admissions to orders, [Page 148] in respect of any default there touched, as may appeare to those who will peruse it.

43. Section. Pag. 85, 86, 87, 88, 89.

BIcause our author will make sure worke, he is now come to A princi­pall reason by an action of guile and deceit, against the Bishop or the mi­nister (I know not whether) which is so sure an hold, that Cicero li. 2. de natura deorum. one calleth it, Euerriculum maliciarum omnium, A ve­rie drag-net to catch in all ill dealings whatsoeuer. He rea­soneth thus (as I gather it:) No solemne contract or stipu­lation, in which there is no good faith and plaine dealing vsed, but guile, dooth by law bind, but is meerelie void: But there is a solemne contractor stipulation vsed betwixt the Bishop and the partie to be made a minister, which is vn­learned, wherein good faith is wanting, and guile is vsed: Therefore the said contract or stipulation dooth not bind, but is meerelie void: and consequentlie such are intrudors, and ought not to haue the name or title of ministers. Here I must put the reader in mind againe, that the author still taketh as granted, and as by his owne right, that which is principallie in controuersie, that is, euerie one to be an I­dol-minister, and vtterlie Vnlearned, that cannot preach. In the discourse for proofe of his Maior, there is great boast and small roast; diuerse vnnéedfull examples and places are brought, whereof some twise quoted ouer (for failing) are vsed verie farre off from the purpose: which argueth his skill to be small, where his choise for proofe of a truth is so slender. For none of his thrée first allegations doo so much as once mention good faith wanting, or guile vsed: although truth it is, the faults there spoken of, arising if not of wilfulnesse, yet at the least of ignorance of the law, which is to excuse no man, neither can be intended and pre­sumed, doo emploie good faith to be wanting, in such brea­ches [Page 149] of law. The place quoted, L. venditione C. de vsuris com­meth in as a mute in a shew, to make vp a number, séeing no such law is yet framed, that I can find. In his Maior I doo also obserue grosse ignorance in lawe shewed two waies. First, where he confoundeth Priuationem bonae fidei cum dolo, making it necessarilie guile, wheresoeuer good faith is not, by a fallacie a Consequenti: and secondlie where he maketh the want of good faith or guile, to worke the same effect by law in contracts which be called Bonaefidei, as in those stipulations which be Stricti iudicij. Touching the first, though L. si cum fundum ff. de contra. empt. l. bonae fidei ff. de verb. sig­nificat l. res bonaff. de cō ­tra [...]. empt. & l. vbi ff. de re­bus dubijs. sometime in law by Good faith be signified whatsoeuer is frée from guile, fraud, and craft, yet L. bona fides ff. depositi. l. quero. ff. loca­ti. l. ex male­ficio. ff. de act. & obligat. l. 1. §. hanc acti­onem ff. depo­siti. & l. si manda [...]ero. §. Iulianus. ff. mandati. some­time is it also vsed for that which the Graecians call [...], and the Latins Bonum & aequum, the common lawyers equitie, which is opposite to rigor. Concerning the second: L. & elegā ­ter. ff. de dolo. l. in causae. ff. de minoribus. that contract which the law calleth Bonaefidei, if guile and deceit did occasion it, is by the verie operation of the law no contract, and void altogither. But that which is called Stricti iudicij, such as stipulations are, is not by L. dolo C. de inutil. stipula. lawe void, but according to the pretoriall law to be auoided by action or exception of guile: which besides the lawe it selfe Tullie in Cic. lib. 3. de natura deor. & 1. offic. diuers places witnesseth, that at the first such guile for along time passed without any controllement: Cic. li. 3. offi. namelie, where hauing said that in contracts Bonaefidei, euen without any set lawe, guile was punished: but (saith he) in other iudgements or actions guile was altogither vnpunished, till the lawyer Aquilius L. vl [...]. §. si & stipulator ff. de eo per quem factum erit. & l. do­mum ff. de cont [...]. [...]mpt. had set out certeine obseruations, which the pretors in framing of processes and actions a­gainst such guilefull persons, should follow. As for his Mi­nor proposition, it is in two respects vntrue, and to be de­nied. First there is no such solemne contract or stipulation concluded betwixt the Bishop and the partie to be ordered: for those demands and answers prescribed are not for any such purpose, as to bind the minister vnto the Bishop vpon any paine to performe that, which he there promiseth: but is a solemne promise before God and his congregation, of [Page 150] a setled and aduised purpose, that he hath to performe his dutie in the ministerie, according to that his publike testi­fication and vow. Which plainelie may appéere, by the pur­port immediatlie following, directed vnto that end who­lie, that it would please GOD to strengthen him in that good purpose wherevnto he hath entred.

If it were any otherwise, I praie you what action for the prosecution of any priuate interest, dooth lie for the Bishop against such a minister as kéepeth not such his promises, whereby the stipulation surmised should be committed or forfeited? Furthermore, the other part of his Minor, which surmiseth guile and deceit to be both on the part and be­halfe of The minister, as knowing him selfe void of those gifts which ought to be in him, whereby he cannot be­leeue himselfe to be trulie called or mooued by the Holie­ghost: and also on the part of The Bishop, as knowing the partie to be a man altogither vnfit for the ministerie is lik­wise to be denied. And if (as he saith) guile and deceit be on both parts, then dooth he striue against himselfe, bicause then the action shall stand good, Quia dolus dolo compensatur, one guile must be set against another, and neither on the one part, or the other shall the contract be ouerthrowne. But how is it possible for our author, or any man else (be­sides the parties themselues) so confidentlie to pronounce of other mens thoughts, & to ransacke vp their conscien­ces in this sort? Séeing the law saith; We are not to pre­sume that they knowe any such defect, till it may be by vs otherwise plainelie prooued. For this thought of theirs by him surmised, is a matter not consisting in lawe, but in fact, Et Dyn. in reg. presumitur. praesumitur ignorantia facti, vbinon probatur scientia, A man is then intended to be ignorant of a fact, where it is not prooued that he knoweth it. And where ignorance of a fact and not of law is alledged, there Semper praesumitur bo­nafides, L. penult. C. de prescrip. longi tempo­ris, & Dyn. in reg. contra. siabesse non probetur, Alwaies good faith and vpright dealing is to be presumed, if the contrarie be not prooued. And therefore this rash iudgement of his before the time, [Page 151] that all they whome he imagineth, and by his owne onelie balance trieth to be vnlearned, Are not truelie called, nor mooued by the Holie-ghost, as it is vncharitable in termes of christianitie, so is it not warrantable by lawe. Naie if we should admit such a contract and stipulation to be concluded betwixt the Bishop and the minister, and that guile and deceit had therein such a stroke, that by no compensation it could be saued, but that the action were voidable: yet neuerthelesse, séeing he maketh it A stipula­tion and sure bond by words, by méere law the action and contract shall stand good, till it be reuersed, as he himselfe His owne reason recor­ [...]ed against him. confesseth: till when, both in name and déed, they may in law be truelie called ministers. Yea, and further, if that whole contract and stipulation were Ipso iure, euen by com­mon right méerelie void: yet hereof cannot be inferred (as he dooth) that such Are intrudors, yea and not so much as in name, ministers. Séeing these demands and answers are but solemnities about that action, yet not the sole and onlie solemnities thereof: but least of all are they of the substantiall forme of ordination, which reacheth no further than to the authoritie of ministration giuen, when the Bi­shop hauing praied, dooth with the ministers present, laie on their hands vpon him, that is ordeined. And therefore that which as a corollarie he buildeth here vpon, that séeing this contract fraudulentlie contriued, cannot bind either of the parties, Much lesse can it tie the common wealth or church of Christ, dooth all vnder one receiue an answer. But that which he saith of wicked promises and othes against hone­stie, which bind no man to kéepe them; dooth argue, that he careth not what he saie, so he saie any thing. Is there any thing (I praie you) in those demands and answers (which he, as it séemeth, meaneth) by An oth against good manners, and by wicked promises, which is not most god­lie and fit to be vsed in such an action; yea and is such, as whereof diuers times in this booke he hath vrged a strict obseruation? Of like skill and discretion is that, which hée [Page 152] bringeth out of the impossibilitie of performance of such conditions by the minister, to prooue the contract betwixt the minister and him void: Bicause no man can be tied to impossibilities. For if those promises there to be made, are such impossible Dynus in reg. impossi­bilium. things as the law meaneth: that is either by nature impossible, as to be in two places at once; or in fact, as to go from hence to Rome in a daie; or by lawe, being forbidden, as to sell mine hand vnto you for a yéere­lie annuitie: then hath he by his owne construction shut out of doores, not onlie vnlearned, but all other ministers, ordeined according to the order of this church of England, from being true ministers. But thanks be to God, his malice and his might in reasoning are not alike, and nei­ther are those interrogatories and answers any contract, nor the cheefe part of that action, nor yet doo conteine any such impossibilitie. But perhaps he ment, that they which were vtterlie vnlearned, could not possible fullie per­forme all which they there promised, & so thinking also that all impossibilitie was simple and absolute, as neuer drea­ming of an impossibilitie Ex hypothesi, which (it may be) he neuer heard of or vnderstood: he did therefore belike ima­gine, that this reason also might go for good paiment a­mongst the rest.

44. Section. Pag. 89, 90, 91.

HIS former reason of guile and deceit, though it haue but a leaden point, yet it serueth him to as many vses, as though it were Delphicus gla­dius. For he thereby first concludeth, The contract betwixt the Bishop and the minister to be void; next, that Such ministers are intrudors; then, that They deferue not the title and name of ministers; and now, That the Bi­shop by law ought to cite such a minister Ex officio, and to proceed to his deposing. Truelie we are greatlie behol­den [Page 153] vnto him, as for his art herein, so in that he will leaue this libertie to the Bishop to depose ministers vpon iust oc­casion, and that procéeding Ex mero officio against them. But how agréeth this with his popular election of mini­sters? For I hope if the people with the Bishop haue the placing, naie if he must but admit like a Vicechancelour whome they present vnto him; then must they haue autho­ritie also to displace their minister, for c. 1. & 2. Ext. de Ca­pellis Mona­chorum c. cum & plantare §. in eccles [...]s. Ext. de pri­uilegijs. Cuius est instituere, eius est destituere, He that hath authoritie to place in a bene­fice, he hath also to displace. And as afore he was content to frame a part of submission for the Bishops, so here (in great kindship for sooth) he draweth in their behalfe a pro­cesse against such a minister, arguing sufficientlie his deepe insight in law, being such a péece of worke, as for which all the aduocates in Spire, Paris, Bolonia, and Siuill, may woonder on him, and cast their caps at it, for euer ma­king such another infamous libell, rather than legall syllo­gisme. I will trusse vp this his solemne proces as short as I can, in this maner: You person A. B. deceiued me when I made you a minister, you made an open lie, you haue not kept promise, either by preaching, or exercising discipline in your parish, you sue your neighbours for trifles, and you haue not since repented you of these, with diuerse others; therfore I haue summoned you to depose you. And by the waie I will aduise you not to thinke me vnconstant, doing nothing herein, but what an emperor in a lesse matter did before me, and that which is for your owne benefit. In his proces, set out at large in his booke, I obserue that he laieth a great number of faults (as I take it) iointlie, whereof if any one be not prooued, the defendant must be absolued. For otherwise he must tell vs, whether euerie of these which be obiected, doo seuerallie deserue deposition by law, Incon­stancie. which I thinke no man will affirme. Also that which afore he called A solemne stipulation, betwixt the Bishop and the partie ordeined, he now termeth a Vow to GOD. Further he deduceth in his processe manie faults against [Page 154] the minister, as Dishonouring and prophaning GOD, quarelling, and such like: so Spec. de posi­ [...]i. §. 5. 1. ver. item ad. generallie and vncerteinlie, that by law they are to be reiected, being not otherwise by the defendant to be answered. And he which afore had accu­sed Both Bishop and minister of guile and collusion be­tweene them, dooth here séeme to cleare the Bishop, as be­ing by Guile of the other partie circumuented. As for the ministers Not preaching being vnlicenced, and Not exer­cising of discipline, is but friuolouslie alledged; séeing no lawes doo warrant them, but such as the author hath fra­med in his owne forge. Here is also laid downe contrarie to rules of law, and obiected against the minister, a nega­tiue improbable; as that he Neuer instructed any of his parish, that saluation was by Christ alone. Moreouer, he maketh the Bishop to take vpon him to know the verie co­gitations of the heart, as that Good faith was not ment by the minister, that he did contrarie to his owne conscience, that his praier was hypocriticall, and that he hath at no time since repented. So that I, for my part, am so farre from thinking such procéeding (as is here set downe) to be A noble and famous practise of a good and godlie Bishop: as that he were rather to be iudged a mad, passionate, and a furious man, which would in this sort, contrarie to all mans law, deuest a man of his liuing and function; and to be possessed with a Luciferian spirit, which so confidentlie would, contrarie to Gods law, condemne another mans inward cogitations, vnknowne to the angels in heauen, and to all the diuels in hell. But I beséech you how dooth this solemne sentence of deposition and degradation a­grée with his purpose in this place, and in some sections a­fore: where he thought he had prooued, that such as he here deposeth for sundrie Hypocrisies, publike falsifications, sa­crileges, mockings of God, and delusions of lawes, were not so much as in name anie ministers at all? So that this so solemne procéeding here, dooth nothing else but kill him out right, by cutting off his head, that was dead two [Page 155] daies before. This part of a Bishops dutie, which he so ex­tolleth, he further dooth inforce by waie of two compari­sons to be incident vnto him to see it put in practise. For the first, when he or any other hath prooued, euerie minister which is not qualified sufficientlie to preach, of necessitie to be an Hypocrite, a falsifier of his word, an impious and sa­crilegious person, an open mocker and deluder both of the law of God, and of hir Maiesties lawes; then will that Bi­shop he meaneth, be as readie to depose such a one; as he was dutifull to sée the obstinate contempt and breach of hir Maiesties lawes punished by imprisonment in him, whome this man calleth Honest, poore, faithfull watchman of the Lord, and painefull teacher: who neuerthelesse per­haps was as farre from desert of any of these commen­dations, as the most of them, at whome he so viperouslie hisseth; and as worthie for anie stuffe or learning, to be sent againe to the plough handle, or weauers loome, as any of those, whome he with such gall and bitternesse dooth pro­secute. But is it credible that this man both here and else­where, would inueigh against the Impugners or deluders of hir Maiesties lawes, and call for their deposing, that is not content onelie to traduce his superiors, for executing their dutie in points incident to their charge: but also odi­ouslie and maliciouslie, thus to tawnt and to hale into ha­tred, reuerend Fathers, euen for the execution of hir Ma­iesties lawes, which are with a most strict charge by the whole realme in parlement, to them earnestlie recom­mended? Yea not onelie to condemne them in this re­spect, but to commend others for Honest men, painefull teachers, &c: which purposelie oppose themselues against lawes established: approching herein to a kind of papali­tie, whereby they would iudge all other men, but none must iudge them: Quia quod nos volumus, sanctum est. Naie in his second comparison, he plainelie and in flat termes iustifi­eth such impugners of law, as men onelie Making con­science Impugners of law main­teined. not to offend God in any small thing, and debaseth [Page 156] those, that punish them for such breaches of lawe, when he saith, They are whipped and excommunicated for their conscience sake: and by waie of a most spitefull and Cy­nicall antithesis would dub all to be Foolitanes, and to make no conscience to offend God in all things, who haue not aspired to that sublimitie of perfection, as to stumble at a straw, and leape ouer a blocke; to straine at a gnat, and swallow vp a camell. So that we sée he alloweth their dooings as procéeding of a good Conscience, and of feare To offend God in any small thing: he indirectlie accuseth Seditious doctrine. hir Maiesties lawes with the whole realmes to be such in some parts, as not onelie we néed not to obeie for consci­ence sake; but for reteining of a good Conscience, and feare of offending God, we ought not to obserue; and also char­geth those (who indéed for conscience sake, obeieng the ma­gistrat in these méere indifferent things, least by their con­tempt they doo also hereby offend God) to make no con­science to offend God in all things: and yet this man for­sooth may not be accompted A lawles and rebellious Pu­ritane, that thus breaketh thorough the lines, and cracketh the ioints of all our obedience to magistrates: whose pow­er to command consisteth in nothing, if not in the vse of méere indifferent matters.

45. Section. Pag. 91, 92.

HEre, by a preoccupation, mea­ning to leaue all sure behind him, he maketh in the person of An old canonist, an obiection against de­posing a man once ordeined, in respect of vnworthines: seeing the Bishops sentence and iudgement whereby he once approoued him, be­ing not appealed from within ten daies (as the text, which he quoteth, distinguisheth) dooth passe into termes of a matter decided and adiudged, and [Page 157] becommeth an ouerruled case. He saith to this, that he will Answer law with law, but telleth vs not where we may find his law. In which answer he greatlie bewraieth his owne ouersight: for if the lawe where with he confronteth the ob­iection, be directlie contrarie to it, then hath he not resolued the doubt, but made it stronger, seeing the lawe admitteth no Antinomies: and it is against rules of reasoning, to answer one doubtfull matter or obiection by another. If it be but diuerse, then should he prooue, that his second lawes decision is to be referred vnto, and to distingush the for­mer, which he cannot in this answer. For where he should shew (the Bishops definitiue sentence, for the fitnesse of the minister, notwithstanding) that yet he may be looked into, and tried, not to haue béene so fit at that time, as he ought, and there vpon be deposed; which should be as an exception to the former law: In stéed hereof he telleth vs, that For some cause afterward arising, inquisition may be made, whereby one being once allowed, may againe be allowed and dissallowed. By the first part of which answer we may gather, that he answereth not Adidem; for he should shew, not that for a new matter, inquisition may be had of him; but vpon his former sufficiencie or insuffi­ciencie, though more than ten daies be past after his ordering. But as it is no doubt, but for some faults found in the minister after his ordering, he may by lawe be euen degraded: so it is as notorious, if he were suf­ficient at his ordering, and by old age or the visitation of God, doo fall afterward to great imperfections and disabi­lities in wit, memorie, and vnderstanding; he may not a­gainst his will be remooued, but is to haue a Coadiutor as­signed vnto him, at his costs and charges. Which thing, euen the reformed churches of France, in their discipline and policie doo reteine, where they haue thus decréed, La discipli­ne de France. art. 31. Mais ceulx ne seront, &c: But such shall not be deposed, which through age, infirmitie, or other like impediment shall be­come vnfit to execute their functions. In which case their [Page 158] former estate shall be reserued, and they shall be recom­mended to their owne churches to be mainteined, and another shalbe prouided which shall execute their charge. The second part of his answer conteineth one of our au­thors riddles. For what end (I beséech you) should a man Once allowed, be allowed againe, and yet disallowed? Well, the truth is, that he was deceiued, when he transla­ted Probatus, tried, as though it had béene Approbatus, allow­ed. For c. cum se­cundū ampl. ver. liceat. Extra. de pro. & dign. Salsification detected. the glosse, which detecteth his craftie packing in his answer, for which end also he was vnwilling to quote it at all, is in this passage thus: If the superiour should write to the ordeinour, he might not obiect any thing, ex­cept that were expresselie set downe in the letters, bicause he ought to hold them fit for a benefice, whome he estee­med fit for orders. c. accepimus, Ext. de aetat. & qual. But the successor may obiect: And so he that was once Approba­tus, iterum probatur & reprobatur: allowed, is againe tried and disallowed, as the physician is, Lvt gradatim §. reprobari. ff. de muneribus & honoribus, &c. And a little after saith the glosse, But all this is but of fauour, bicause we ought not to inquire often of one mans fact. L. licèt in fine ff. nautae, caupo­nes. But are we not to presume for the sufficiencie of him that is ordeined? An argument that we are, is in C. post cessi­onem Ext. de probat. Except the contrarie be prooued. But whie should we take knowledge afterward of the ministers fit­nes, seeing the sentence of the Bishop, wherin he pronoun­ced him fit, is alreadie passed into the force of a matter ad­iudged and ouer-ruled, beeing not appealed from c. cùm di­lecti. Ext. de elect. We must answer, either that all this reexa­mining is but of speciall fauour, or else that this inquirie is onelie made, vpon some new cause afterward arising. c. 1. Ext. de aetat, &c. Where we sée both the obiection he bringeth, and his answer in part touched, but not rested vpon. For the glosse here plainelie decideth, that a ministers former fitnesse is not after his ordeining, no not by the successor of the Bishop that made him, to be scanned vpon, but ei­ther [Page 159] vpon some occasion afterwards newlie happening, or by speciall grace or direction to the Bishop from the superi­or. We sée also hereby, his wrong translation, his leauing out of some part, and foisting in of other some, and his wil­full falsification of the glosse to serue his turne and humor. And to this decision of the glosse, that a Bishop may not deuest one of his liuing in regard of insufficiencie, that is once allowed, agréeth Bartol. as he is alledged by Panor. in c. vlt. infine Ext. de aetat. & qualit. fa­cit ad hoc c. accepimus Ext. d. Panor­mitane. If (saith Panormitane) it be afterward spied out, that the minister is verie ignorant, may the Bishop take awaie his prebend? Bartolus saith he may not, Modò sciat officium, so that he can saie masse: and alledgeth to this end, c. quando. c. qui ipsis, &c. sequens 38. distinct. And therefore to conclude, as the author dooth, but yet to another end: it be­hooueth all that be in authoritie, in manie respects to sée hir Maiesties lawes strictlie executed against such yokelesse and fanaticall spirits as this, who vnder colour and pre­tense of lawes in force, which he cannot prooue, otherwise than you haue heard: dooth inforce most dangerous inno­uations in this church, and most dishonorable to hir Maie­sties renowmed gouernement hitherto, as well for mat­ters as persons ecclesiasticall: who debaseth with might and maine, and whetteth mens toongs at the least, against all that execute or conforme themselues to hir Maiesties godlie procéedings, in church gouernement and externall policie: who magnifieth and extolleth the contrarie faction, and who not obscurelie, Slilie or couertlie, but euen plainlie (notwithstanding his apologie now insuing) bereaueth vs as much as his poore spite will serue him, almost wholie of a lawfull ministerie in England. And I praie God, that by better weights than these which he bringeth, and by a more exact touch, both the sufficiencie of our ministers may be tried, and also for the better incouragement of more able men for that function hereafter, the liuings allotted to the ecclesiasticall state, may rather be increased, than by cor­ruption and sinister deuises gelded and shredded, by foxes [Page 160] and wild bores out of the wood that destroie the vineyard, and by Nimrods and mightie hunters of Gods people. For it hath béene, and alwaies will be true, Honos alit artes. And where rewards of learning doo in number or quanti­tie decaie, there learning it selfe will not with like alacri­tie to any ripenes be pursued. The want of which rewards of learning in that respect, with lamentable experience, and too late repentance, some countries alreadie doo taste, and are like more and more to feele hereafter.

46. Section. Pag. 92, 93, 94, 95.

NDw, as though some other bet­ter staied man, pitieng the former follies and vndutifull lauish speaches of our anthor, and seeking to qualifie them in part, as not so hardlie ment as the words doo import, had stepped héere into plaic, and taken the mat­ter in hand; are we come to a more calme and temperate apologie: not so much of any good loue, as for feare it Might otherwise be vnto him dangerous, as well as it is offensiue to others. Whereby for the wounding of ma­nie weake consciences, readie to take offense vpon ligh­ter occasions than these, for the calling of the whole state ecclesiasticall into hazard of their ministerie and liuings, we shall haue of him onelie a plaister of a few glosing words, to make amends for all. Nothing else but prote­sting in effect, that he is not so farre gone in these con­ceits, as some of the same haire are; who doo run so far, that except they quicklie staie, they may perhaps with good de­sert run themselues of a sudden out of breath. I will ther­fore bréeflie examine how he auoideth that, which hath béen so necessarilie gathered of his former spéeches; which is, that according to his construction, it may happen euen the best men we haue, to be destitute of any lawfull calling into the ministerie. But in this section before he come so [Page 161] farre, he maketh a kind of confession, whereby he séemeth fit to be taken at his word, as being presentlie in a reaso­nable good mind. First, He confesseth wee haue a true church in England, wherby it appeareth he taketh such for no Honest poore men, nor the Lords watchmen, which say we haue scarse the face of a true church in England. Next, he acknowledgeth Hir Maiesties lawfull and sole souereigne gouernement, ouer all causes and persons: whervpon may be gathered, he was not well aduised afore, in séeking The authors incon­stancie. to establish popular elections of ministers, where vpon of consequence would follow, as also no lesse is included in the generalitie of his proofs, that Bishops and Deanes no­minations shall be attributed also (from hir Daiestie) vnto the people; nor yet when he made the contempt of obeieng hir Daiesties lawes concerning indifferent rites and ce­remonies, a commendable thing in them, as procéeding Of conscience and of feare to offend GOD in any small thing. For in what causes ecclesiasticall, can hir High­nesse lawfull gouernement be exercised and bestowed, if with a good conscience, and without offense of God, shée may be disobeied in matters méerelie indifferent? He go­eth on, and confesseth, That hir Maiestie ought to put in execution, according to the prescript rule of Gods word, the doctrines deliuered by the ministers, for abolishing of all and all maner superstitions and abuses, reteined in the church, and for the establishing of a perfect gouernment of it. Whereby we may sée, how hard it is for a cat of moun­taine to change his spots, or a Morian his tanned hue, or for him to plaie a little vpon his old by-asse. For dooth he not héere in a manner plainelie condemne hir Haiestie, Factious speaches. not to haue doone as the Ought, nor according to the pre­script rule of Gods word? Dooth he not insinuate the per­fect gouernment of the church, not to be yet established? And dooth he not expresselie saie; that Superstitions and a­buses are reteined in the church? D wicked and vngrate­full wretches to the Daiestie of God, and to his lieutenant [Page 162] the Duéenes Highnesse! which in regard of so manie and so manifold blessings by hir ministerie bestowed, doo re­compense and requite them with repining, and with slan­der in this maner. Non sic fecit Deus omni nationi, who make vs all thankefull for them.

The other three members of his spéech and confession in this place, touching the ministers duetie towards magi­strate and people, of the peoples obedience to the magi­strats and ministers, and of the concurrence of the mini­sters instruction with the magistrats authoritie in the go­uernement of the church, though no more than of the rest I can sée how they are incident to this treatise; yet I doo not perceiue any cause whie they should be reiected. Neuerthe­lesse, if the minister as doubting of the lawfulnesse of his owne externall calling; and the magistrate and people as surmising him to haue runne before he was sent, should beéeue our author in his former nice points about ordina­tions: I cannot coniecture, that either the minister with any couragious spirit can discharge this dutie, or that the magistrate and people can or will regard that which he speaketh, as they ought to doo, from the mouth of him that is Gods true ambassador vnto them: or yéeld vnto their maintenance their tithes and other duties trulie and faith­fullie as they ought. The examples which he here bringeth, though some of them sound suspiciouslie, considering from whome they procéed, are méere apologeticall, tending to prooue, that the ministers and people may not of their own head, without the princes authoritie, séeke to execute any reformation, and thereby to purge our author from the sus­picion of the traitorous heresie of certeine late pestilent Sectaries. But his repining and mutinous doubting with his Ifs and Ands, which he casteth in the necke of his former apologie, whereby, like Scyria capra, he ouerturneth the milke with his heele, that afore he yéelved; dooth be wraie his discontented mind, and slender estimation he carrieth of the godlie reformation established by hir Maiestie. For [Page 163] what else doo these voices yéeld, [If hir Maiesties eies be not Seditious speeches and vndutifull. yet opened, if some blemishes and blots remaine in hir go­uernement, if councellors be hired to trouble the building all the daies of Cyrus, if the wals must be reedified by Elia­shib, if the church must tarrie Gods leisure, if any other glo­rious purpose be to worke in our daies by hir. Highnesse:] but to fill vnstable heads of the people, to whom this booke was especiallie addressed, with buzzing of dislike to things present, and hope of alterations, and new fangled innoua­tions hereafter? Which conceits cannot tend any waies to hir Daiesties honour, nor worke to the securitie and quiet of the realme. And those which haue so quezie and squemish stomachs at the state present, ioined with such an esseminate longing, and Absurd appetite of restlesse and endlesse alternations in church matters: I praie God they haue not cause, with the first, neuer to haue wished change, nor that they euer sée the time wherein they would with all their hearts desire, with fauour and libertie of con­science, to enioie that forme of liturgie, ecclesiasticall po­licie, and church gouernement, which by the mercies of God, and hir Daiesties ministerie, are now planted in this church, if they might hope to atteine it! Bonum non fruendo, sed carendo redditur charius.

47. Section. Pag. 95, 96, 97.

THus hauing shewed some part of his former Apologie and protesta­tion to be verie doubtfullie deliuered, and both that and other his spéeches afore to be verie Offensiue vnto ma­nie, and therefore that (which his guil­tie conscience telleth him) Might haue beene dangerous to his person, is not yet ouerblowne or auoided: we are now come to his purgation of that which might and hath béene obiected, that he Insinuateth indeed no lawfull ministerie to be in England. But he confesseth [Page 164] now, That euerie one meet and apt to teach, that euerie one qualified as is requisite, that euerie one mooued in­wardlie by the Holie-ghost, and outwardlie called and ap­pointed by the Bishop, hauing authoritie by the order of this church of England, is indeed, and by law a minister. If these be spoken distributiuelie, as the word Euerie, and the Intersections by [...] doo import; then hath he established some a minister without Outward calling, so he be other­wise qualified as is requisite; then may a man be qualified as is requisite thereto, being not apt to teach, nor inwardlie mooued vnto it by the Holie-ghost, or outwardlie called & appointed by the Bishop. And what if he (after this mans construction) haue not Authoritie by th' order of this church of England; as not hauing béene consecrated by such a B. as was consecrated according to th' order of the booke esta­blished? Which our author maketh so necessarie, as that he reasoneth afore out of the words of the statute negatiue­lie; to wit, none to be a Bishop, priest or deacon, but such as Pag. 77. were consecrated and ordered according to the forme and maner of that booke; but admitting them to be taken ioint­lie, yet his reasons to prooue such to be Ministers indeed and by law, are so childish beggings of that which may be con­trouersed, that (I assure you) a man might iustlie doubt, that he did but dallie and Praeuaricari herein. First (he saith) they are so, bicause They are indeed and truth messengers A childish fallacie. sent by God. Secondlie, bicause they Are ministers by the law of this land. Truelie, this man that was so strict afore, is soone woone, which is ouercome with these doughtie rea­sons, which no man, but he may with as great probabilitie denie, as he may doo the conclusion to be prooued, being the verie selfe-same with the premisses, consisting in these two reasons. Touching the matter it selfe, law teacheth vs, that A protestation with a contrarie act worketh nothing. Therfore how can this protestation releeue our author any Pag. 77. thing, who hath afore plainelie refused all for ministers, in whose ordinations the maner and forme of the booke is not [Page 165] exactlie obserued? And which maketh All solemnities ther­in Pag. 83. euen of the least moment to be substantiall and not ac­cidentall, by the law-makers appointment? Therefore out of his owne words and reasons to prooue this his protesta­tion vaine and elusorie, I reason thus.

1 Wheresoeuer the first branch of the statute, for the Pag. 77. obseruing of a forme and order in the ordinations of mini­sters, is broken, there the second branch authorising them to be in verie deed ministers can take no place: But some Pag. 92. of the points required, haue beene, and are perhaps dailie omitted in making euen the best men that are in the mini­sterie at this daie, and so the forme and order of the booke not obserued: Therefore the best men that are in the mini­sterie at this daie, perhaps are not in verie déed ministers.

2 Wheresoeuer the forme of an act is not speciallie, Pag. 78, 80. & deinceps. and at an inch, and not by any thing equiualent obserued, there the act by meere law is no act at all: But some points Pag. 92. of the forme required are perhaps dailie vnobserued in making the best men ministers, that are in the ministerie at this daie: Therefore, &c.

3 Wheresoeuer a certeine forme and order of procee­ding Pag. 84. is appointed, to those that had no authoritie before such commission; there if the forme be not obserued, the processe by lawe is meerelie void: But the Bishops be­fore Pag. 84, 92. the statute, hauing no authoritie to make deacons or ministers, doo omit the forme perhaps dailie in making the best men ministers: Therefore their procéeding here­in is by lawe méerelie void: and so the best men we haue in the ministerie, perhaps not in verie deed mini­sters: and therefore (as our author often collecteth) are In­trudors.

But he, which to the intent he might haue some shew to serue his humor, and to wrap in either one waie or other those whome he foreiudgeth to be vnlearned, to the danger of vsurpation and intrusion, did tell vs in great earnest, Pag. 83. that all the solemnities about ordeining of ministers, how [Page 166] Small of moment soeuer they seemed to be by the law-ma­kers appointment, were substantiall, and not accidentall: dooth now in another tune saie, that Learned, qualified, and inwardlie called; and vnlearned, vnqualified, and not inwardlie mooued, dooth differ as much as light and dark­nes: meaning and insinuating hereby (as I doo gather) that whatsoeuer he hath aforesaid concerning Forme, so­lemnities, commission, statute, or good faith, they were not so much to the matter, or greatlie to be stood vpon: but that these are Differentiae specificae & constitutiuae, of a minister in­déed, which maketh him so to be, and thereby onelie dooth al­so differ from such as be not. Quo teneam vultum mutantem Protea nodo? And if so be these thrée be the onelie necessarie points, concurring to the making of a minister indéed, and distinguishing a true minister from an vsurped, then may we haue a minister in this church, without the externall calling by the Bishop, which is not here spoken of. If by Learned, he meane onelie such as are apt to teach, and by teaching meane onelie preaching; whie did he not ad also that which S. Paule ioineth with aptnesse to teach, to be able also to confute errors and heresies? But the booke requi­reth as of necessitie no other learning, but that he be Suf­ficientlie instructed in holie scriptures: which that it rea­cheth not alwaies so high, as that he must be able to be a preacher, is shewed in diuers places afore. The qualities Preface to the booke. which the booke speaketh of, are onelie that He be by suffici­ent testimonie commended, or else knowne to the Bishop to be of vertuous conuersation and without crime; and al­so that he be found learned in the Latine toong. But that he be inwardlie mooued by the Holie-ghost, to the worke of the ministerie: is a thing left to his owne conscience, and not to be discussed by the Bishop, or any man else; but in charitie, which hopeth all things, to be intended and presumed.

And séeing it is possible for a man verie vnfit at the be­ginning, by studie, practise, & the blessing of God, to become [Page 167] sufficient: and for him that is now well and honestlie dis­posed, afterwards to relapse into loosenesse of life; and for him also that is skilled in the Latine toong, & sufficientlie instructed in holie scripture; either by disuse, or by the vi­sitation or iudgement of God, to become verie ignorant and sottish in both: therefore I doo not sée (if we knowe not the contrarie) but both by the rules of charitie and law, we are bound to thinke, that yet at the ordination of such a one, he was so qualified in all these points as was requi­site. That Bart. in l. cum quid. ff. si certum petatur. which is agreeable to the nature of any con­tract, is presumed to haue beene performed. Againe, A c. in praesen­tia de renun­tiat. c. cum inter. de re iudicata. c. bone. de elect. gl in c. quoni­am Ext. de probat. iudge is presumed to haue rightlie executed that, which is incident to his office. Further, That L. quoti [...]s ff. de rebus du­bijs. c. Abbate sane. Ext. de verb sign. which confirmeth, and not that which adnulleth any act, is intended to haue beene doone. And lastlie; Euerie L. ab ea parte ff. de probat spec. de proba. §. 1. verb se­quitur vi­dere. one is presumed fit and capable, till the contrarie be prooued. But our authour cleane contrarie to this, euen [...], will presume all requisites to haue béene obserued by that which appeareth in his conuersation and learning after­wards. So that by this reckoning, a man neuer so order­lie at the first called both inwardlie and outwardlie, vpon defects afterwards arising in him, shall be shut out for an intrudor, vsurper, or one which by wrong suggestion, and fraudulent meanes, hath attained the ministerie; & he that hath indéed intruded, and without all outward calling thrust himselfe into the Lords haruest, so that he haue some commendable gifts of learning, and demeane, and beare himselfe without publike staine or blot, shall be in­tended and presumed to haue béene inwardlie mooued by the Holie-ghost, and be in verie déed a true and lawfull minister. Yea so stronglie (if we may beléeue him) shall this be intended, that it shall be accounted Praesumptio iuris & de iure. So that we are come to that issue which afore I touched, that the Bishop, when he hath an vnlearned mini­ster vnder hand, such as this man surmiseth all to be which are not able to be preachers, cannot though he would, ob­serue [Page 168] the solemnities, forme and order of the booke of or­dinations. But when a learned man is vnder his hand to be ordeined, then he cannot but stumble (whether he will or no) of all such matters of forme as are appointed. And that Sect. 45. this is such a presumption, he bringeth for proofe a glosse, which if he had ment plainelie, he would haue quoted in a more fit place than this; but he was then loth his craftie conueiance should be espied. Which glosse, as may there be perceiued, saith not so much as colourablie any thing ten­ding to this purpose, but the quite contrarie. But (saith it) shall we presume for the parties sufficiencie that is ordei­ned? C. post cessionem Ext. de probationibus, is an argument, that we must so presume except the contrarie be prooued. And againe, that we must thus stronglie presume and intend, he exemplifieth (for I may not saie prooueth) by rescripts Au­tenticallie sealed, yet procured by vntrue and colourable suggestion: and by a definitiue sentence, wherein is a Nul­litie. For the first proofe whereof, that the rescript was ob­teined (Bona fide) and that the sentence was a iust iudge­ment, we must (he saith) presume, till the contrarie of the one be prooued; and for the Iniurie and iniquitie of it, the o­ther be reuersed. Where, by the way, ye may sée this mans great skill, which presumeth for the validitie of a sentence, in which is a nullitie, prefixeth the ordinarie course of ap­peale for reuersing of it, & confoundeth it with a reuersible sentence, in respect of th' iniustice & iniquitie of it. Inst. de per­pet. & temp. in princ. l. omnes. l. sicu­ti. C. de prae­script. 30. vel. gl. in l. quere­lam. C. de fals. Wheras a nullitie may be proposed against a sentence at any time within thirtie yeares at the least. And Bald. in l. 1. C. de rebus alien. & l. 2. C. fi ex fals. instrum. if it be in regard of want of iurisdiction or commission, in C. vigilanti &c. fin. Ext. de praes. causes wherein by lawe no prescription runneth, or be L. pure in fine ff. de dol. except. l. si pactus C. de exceptionib. proposed by waie of exception, the action of nullitie neuer ceaseth, but at any time may be opposed. So that (to returne to the principall purpose) that the euent insuing must teach, who were with all due circumstances ordeined ministers, and who failed therein, and that such iudgement is grounded on a pre­sumption of law and by law, we may perceiue is vtterlie [Page 169] left vnprooued. Naie, if he had vnderstood what he writ, he would either neuer haue so rashlie and vntruelie affirmed, that course of iudging to be Praesumptio iuris & de iure, or else would haue spared his examples, which make directlie against him in this behalfe. L. si tutor. cum gl. & ibi. Bald. C. de peric. tut. & Bald. in l. ita demum C. de procurat. For a presumption of law, is a most cleare kind of proofe, and is so full, that it L. 3. C. de apochis publ. li. 10. Bald. in l. 1. C. de fidei com. dooth of it selfe sufficientlie prooue, and is most pithie euidence. Yea the Auth. sed iam necesse. C. de donat. ante nupt. Alex. in l. non est verisimi­le. ff. quod metus causa. presumption of law and by law, as some doo terme it, will not admit any proofes to the contrarie, otherwise than by the confession of the partie himselfe: and is equiualent with any such Bart. in cōs. à Dom. Cyno. matter, as by the disposition of any statute law, may not be refelled. So that our author matching this presumption with presumption for rescripts and senten­ces, which by contrarie proofes are indéed ouerthrowne, dooth giue sentence against himselfe, that concerning mi­nisters sufficiencie by the euent insuing, there is no such presumption as he dooth vainelie iangle on. And therefore he is more strictlie, than an éele is with a fig leafe, holden vp to his former assertions, which doo plainelie impugne almost all the ministers in England, partlie for want of weight, and partlie for fashion, notwithstanding his friuo­lous elusorie apologie, and his absurd protestation, impli­eng a contradiction in it selfe.

48. Section. Pag. 97, 98, 99.

IN this section is handled that, which might be obiected, that is to saie, whether the sacraments admini­stred, and other parts of execution of the offices incident to that function, shall be accompted rightlie and du­lie done by such as our author ma­keth no ministers at all? To which in effect he answereth, that the actions and publike execution of their functions by them done hereafter, shall be of none effect: but both bi­cause till this time No controuersie hath beene mooued [Page 170] touching the validitie of their calling, state, and condition and also for common vtilitie, and a generall errors sake, the things done heretofore by them, are rightlie and duelie done. But since controuersie now is mooued, if the acts Doctrine dangerous to the whole state. done by such ministers after this time shall not be auaile­able and of force, what confusion and danger this doctrine might bring into this common-wealth about the maria­ges and baptizings of infinit numbers by such ministers; wherevpon, by the lawes of this land the inheritances, dowers, and tenancies by courtesie doo greatlie depend: I leaue to be weied by déepe states men, and wise counsel­lors. Naie, if it be sufficient for euerie libeller to bring such matters of consequence into hazard, by waking vs (as he pretendeth) out of a generall error, whereof [...]e one­lie dreameth: whie may we not as well saie, that all which haue béene married or baptized these manie yeares past, shall be brought within the like compasse of danger; seeing both the traitorous papist, and the dangerous Innouator hath troden the same steps, and skirmished as hoatlie as this man dooth a long time, against the lawfulnesse of our Bishops, priests, and ministers, and with their calling into that function? But (thanked be God) all their complots, though they be like to Samsons fores distinguished by heads, but linked together by the tailes, and tend all to a perillous trouble and combustion in this state; yet there is small weight in any of their words, and all their forces are but wast wind, and papershot. The first reason he vseth for proofe, that The administration of sacraments and executi­on of their offices hitherto, is rightlie doone by such as he iudgeth to be no ministers; is taken from the vncerteintie of their lawfulnesse, and quoted verie strangelie Cod. de test. li. 1. which would require a longer time to seeke it out, where it cannot be found, than I may affoord him. Yet I thinke he ment L. 1. C. de testamentis, which decideth in another cause something to the like purpose; that It is not to be discussed, whether the witnesses were bond or free, which in [Page 171] opinion of all men were holden as freemen at that time, when the testament was consigned, and such as against whome, none to that daie had mooued any controuersie of their condition. So that the reason of the decision of this law is not the vncerteintie of their state, which could not be called vncerteine, being not so much as doubted of; but the generall error, which is his second reason in this be­halfe.

And where [...]e saith (I know not vpon what warrant) Contra­rietie. That the thing which is vncerteine, is as though it were not at all, he ouerthroweth his owne purpose in this place: for if such ministers State before controuersie therof moo­ued, were vncerteine, then are they hereby euen at that time, to be reputed as no ministers at all. In the first place brought for proofe that a generall error maketh lawe, and that therfore the generall error conceiued hitherto of such ministers lawfulnesse, shall vphold all publike functions of the ministerie by them till this time performed: no di­rect mention of any common error is made, but that the award of a compromittée shall stand, which is giuen by a bondman in truth, yet being in possession of his fréedome. His second place is false quoted. Ad Maced. in stead of De S. C. Macedoniano. In his third place, both in his originall and in his translation, by following the corruption of the old text yeelding no perfect sense, and contrarie to the cre­dit of the Florentine or Pisane Pandects he taketh Propter Mistaking. vsum imperatorum, bicause of the vse of emperors, in sted of Propter vsum imperitorum, by reason it is so vsed by rude and ignorant. His fourth place L. 1. C. de le­stamentis. to this purpose, which is the place he quoted wrong afore: in this section, is here left quotelesse. Out of which places, togither with the lawe Barbarius Philip. he concludes, that in those seuerall cases, so in the matters doone by these onelie pretended mini­sters, the common error shall make them auaileable, and to be reputed Rightlie and dulie doone: where vpon I doo further aske; as Barbarius Philip. though a bondūaue in­deed, [Page 172] being dulie chosen pretor in Rome, was reputed a lust possessor of his office, though he himselfe knew, that he was of seruile condition, and L. quod at­tinet ff. de reg. luris. therfore not capable: Pag. 94 whe­ther an vnskilfull minister for mallie ordeined, though as our author heareth him in hand, he himselfe full well doo knowe that he was vnworthie, and therefore came in by guile and deceit, may not in like sort be cleared from in­trusion; and be adiudged a iust possessioner by the said com­mon error? And if he may so, why may he not continue still his said possession, séeing he is no more In mala fide, than he was in at the first, by our authors supposall? But he is afraid of another doubt, least as the said Barbarius, be­ing once chosen pretor, though the people who elected him knew not so much, and therfore could not haue any such in­tention, was by the verie operation of law thereby infran­chised: so our ministers, though indéed vncapable, yet by the ordination of the Bishop being a publike person, & tru­sted by the whole realme, in this action, should be likewise reputed in the eie of the law, thereby inabled against anie incapacitie. This knot he wrestleth with, to vntie thus: that as the award of an Vmpier reputed generallie a frée­man, shall therfore be in force, though he remaine a bond­man (as afore) to his former maister: and as the sonne be­ing once commonlie reputed otherwise, but afterward in­déed detected to be vnder his fathers power and tuition, cannot become a debtor vnto me vpon borrowing of mo­nie (which our author contrarie to law extendeth general­lie to any contract:) and as bondmen vpon common re­putation Ignorance in law. for fréemen, hauing profitablie béene vsed for witnesses, being knowne as they are, may be reiected from bearing witnesse: euen so, though Barbarius were Childish babling. made frée by the people, yet the maister was by lawe to haue the price of his seruant at their hands. Which being thus anatomized, we may well perceiue, are so far from all consecution, that they haue not so much as any simili­tude togither. But what if the people must paie the price [Page 173] of the seruant, may he not be frée as the law appointesh? And may not (any thing here notwithstanding) the mini­ster duelie ordeined for outward forme, reteine in like maner his ministerie, as Barbarius did his fréedome? But I cannot coniecture either why he saith that Common er­ror cannot take a waie priuate interest, which no man affir­meth: or how he can conclude, with any colour vpon these vnlikelie comparisons, That much lesse can common er­ror of a few, barre the whole church from a publike bene­fit due vnto them. And I pray you, if this be the error but Contra­rietie. Of a few in authoritie, how can it be common, and thereby vphold the functions of the ministerie executed by no mi­nisters? Pag. 89 Naie how can it be the error of the Bishops (whom he meaneth) when as he chargeth them to be In mala fide, and to Knowe at the time of ordination that such cannot be qualified accordinglie as is required for the ministerie? But to cut off all at once, and to shew plainelie, that if such as be no preachers, or any other, be indéed and truth no mi­nisters at all, as our author hath laboured to prooue, then Common errour, though in some cases it be L. 1. & ibi. DD. C. de te­stamentis, & l. 2. C. de sen­tent. ex peric­recitandis, & in l. Barbari­us ff. de officio Praetoris. holden for truth, and doo 3. q. 7. §. tri. ver. verum. make law, yet in this point it shall not make good those pretended functions of the ministerie, which erroniouslie such men haue executed and performed. It is to be vnderstood, that among manie exceptions and limitations of that rule, this is one: First if the partie, vp­on whome the common error runneth, be not Bart. in. l. actuariorum C. de nummu­larijs. li. 12. & in. l. de qui. ff. de legibus & Bald. in l. 2. C. de manu­miss. vind. solemnelie and dulie elected to his place, then dooth it make no lawe, nor make the acts of force that is doone by him. But our author himselfe saith, that all our ministers ought to be e­lected by the people, which yet is not performed, that in the ordinations of the best men we haue, some solemnities are dailie omitted, and that it is so sure, that solemnities and other matters of forme are omitted at the ordinations of vnlearned ministers, that it is Praesumptio iuris & de iure, that they were not rightlie and formallie ordeined. Also this rule faileth, L. 2. C. de sentent. & interlo. 3. q. 7. §. tria ver. verum. c. ad probandum, Ext. de re iu­dicata. Abb. in c. sciscita­tus de resc. when at the verie beginning, the impedi­ment [Page 174] was apparent. Now, if we may beléeue our author, the impediments hindering these vnlearned men to be ministers, are so euident, that euerie man being present may sée the Bishops Proceedings heerein to be contrarie to lawe, and being absent may haue By experience such certeine knowledge of his misdemeanors and ignorance, that by the most full and plaine proofe that may be, not ad­mitting any proofe to the contrarie, euen By presumption of law, and by law, it may be intended he was vncapable at the time of his ordination. And moreouer he surmiseth certeine impediments, whereby such a man is hindered from being in deed and truth a minister, to be knowne both to the Bishop, and to the partie ordeined. And Abb. in c. Apostolic. Ext. de praesb. non ordin. gl. in c. dudum c. nihil, &c. quod sicut. Cl. 2. de electio. againe, this rule indéed holdeth, and error maketh law, in matters de­pending of iurisdiction; but not in matters grounded vp­on orders, nor in sacrementals, in which, rather truth, than common opinion is weighed. And therefore it is Archid. 11. q. 3. c. 1. & Bald. in l. 2. C. de sent. & in­terl. omnium iudicum. said, Generall and common errour in spirituall matters dooth worke and enure to nothing. Where vpon it resteth still firme and inuiolable, that if we haue so manie (as he in­forceth) onelie pretended ministers in this church of Eng­land, not being so in déed and truth: then shall the acts and functions of the ministerie executed by them, be of no other force (notwithstanding the common error) than if they had béene done by méere laie men both in déed and common reputation. Naie by this mans platforme, the priests made in time of poperie, being not so much as capable of the mi­nisterie, and the ministers ordered in the time of king Ed­ward, and hir Daiesties reigne that now is, being no mi­nisters indéed, bicause they were not chosen by the people, which the booke and law requireth: it will follow, that we haue no ministers indeed, and by lawe in this church of England. Now it is a péece of our new church-modell al­so to T. C. Replie. pag. 518. affirme, that Not onelie the dignitie, but also the be­ing of the sacrament of baptisme dependeth vpon this, whether he be a minister or no that dooth minister it. To [Page 175] which also the opinions of the ministers of the reformed churches in France séeme to be conformable, where they Art. 4. du Baptisme, en la discipline eccl. de France. saie: Le baptisme, &c: The baptisme administred by him, which hath not commission or anie vocation, is wholie void. But the common law of the land maketh espousals void to the intent of legitimation or inheritance of the children, where the matrimonie was not celebrated by a priest or minister: and suffereth none to be capable of any benefit of a subiect in this land, which is not baptized. So The authors most pesti­lent assertiō, and the con­sequence. that we sée, a more pestilent plat, than this man hath laied against the particular interest of euerie subiect in this church and common-weale, cannot be deuised by the most seditious traitor in Rome or in Rhemes, nor by the most stirring and tumultuous diuell in all hell: if all that were true, which he and his complices doo deliuer vnto vs as vn­doubted truths, here and else-where, in their peremptorie and perillous assertions.

49. Section. Pag. 99, 100, 101.

IN this place our author goeth a­bout to confute those that take vpon them to exempt Bishops from blame For placing vnlearned men in bene­fices, by reason of the corruption, co­uetousnes, and simoniacall compacts of sundrie patrones. But what colour of excuse can this yéed to Bishops in any mans imagi­nation, whie they should call insufficient men into the mi­nisterie? For I hope his malice is not so great, as to charge them, that they make insufficient men ministers, onelie to serue the turne of Couetous patrones, whereby they may make their markets more gainefull; and vpon refusall of their cleackes, that they may haue aduantage in law peraduenture against the Bishop himselfe that or­deined them.

Yet to follow him a little in this matter of bestowing be­nifices: [Page 176] with what forehead can any man but a litle expe­rienced in the world saie, that the greedinesse and corrup­tions of patrons is but a Feigned cause of placing vnlear­ned men in benefices, except he will denie the sunne to be vp at midday, or such a one, as the god of this world hauing blinded, dooth thinke the smell of gaine to be good out of a­nie thing, as Vespasian did Ex lotio? And can he faie this is but Feigned, who talketh so much of a presumption by law, when as the law it selfe (though there were not too lamenta­ble experience of it in this common wealth) dooth tell vs, Bicause patrones leaue so small a portion in some places c. extirpand [...] Ext. de pr [...] ­bendis. to the ministers, so that they cannot competentlie there­by be mainteined: here vpon it commeth, that in such coun­tries, scarse one minister of a parish church can be found, which hath euen but a little skill in learning? But If it were true, he saith he will neuerthelesse Let passe diuers answers, which aptlie might (as he thinketh) be vsed in this matter. One is, bicause the Bishops office is More paine­full than gainefull, and he that tasteth the sweet, ought also to tast of the sowre. Therefore he should refuse to admit any not so qualified, as our author meaneth, vnto a bene­fice: yea though he were sure that after all his trouble and expenses, such a clearke should be placed by the course of the common law, maugre his beard. So that by this mans accompt, it is better purposelie without cause or hope of preuailing for a man to trouble himselfe and spend his mo­nie, than to be quiet: and better to rise vp and fall, than to sit still. Naie, with what credit can the Bishop reiect a man as vnable, whome he is sure the law of the land will repute sufficient? Therefore it is maruell that our author, vpon this colour, did not here runne into a common place, a­gainst the common law, which is more loose in allowance of clearkes vnto benefices, than he would beare vs in hand the canon law is. But Latet anguis in herba, There is a pad in the straw. The next answer, that if the Bishop sus­teine any hurt by refusing to admit to a benefice an insuf­ficient [Page 177] man, the blame is to be imputed vnto no man but himselfe, which ordeined him: is the same with that an­swer, whervpon he afterward relieth, though here he saith; He will let it passe. Lastlie, he telleth vs he will also let passeth exhortation, which the Bishops canons doo prescribe to be vsed vnto patrones to persuade them to bestow their benefices sincerelie, and vpon sufficient men: which in­déed he might with better discretion neuer haue named. For alas! is the Bishop giuing a good and wholesome ex­hortation to the patrone, to be found fault with, bicause the patrone hauing his hand on his halfepenie, will not suffer himselfe to be persuaded by him, to doo as he ought? But he alledgeth in defense and fauor of a Patrone presen­ting an vnlearned man to a benefice, that he is not to be blamed by the Bishop, but himselfe is to be chieslie burthe­ned and blamed, who ordeined such a one minister: and the rather bicause The benefice is due by reason of the office. Yet the Bishops blame and reprehension cleareth not the patrones couetousnesse, his want of zeale, to haue the people as well taught as he might, his theft, his sacrilege, his simonie, his abbetting and procuring of another man to be periured for his owne lucre. For there is none of them so simple, but they well know, that these are thus by law condemned. And what by themselues, and what by o­thers (at least when the Bishop vpon examination dooth find it so) they might take knowledge that a more learned and sufficient man might be easilie procured, who would accept it thankfullie: which bicause the patrone cannot breake his fast with, he therefore will not be remooued from him that hath most slender gifts of mind, bicause such a man hauing little else to commend him, will be content to depart with the greatest gifts to the patrons pursse and kitchin. And yet may it not fall out, that the Bishop vpon good consideration may refuse to admit him to a benefice, whome he hath afore receiued into the ministerie? For perhaps he may be fit for some small charge and liuing [Page 178] (which a man of greater gifts will not accept of though he be not fit for a more populous parish, being a sufficient maintenance for a more excellent man. Or else it may be he hath not from the time of his ordering bene so paine­full in his vocation, or so warie in his conuersation as were requisite, whereby he might deserue a better place. So that this is not so generallie to be verified as he here doth, that Whom a Bishop hath reputed meet vnto orders, him he ought also to thinke meet vnto anie benefice. For what if a Bishop of another diocesse did ordeine him for some meaner place of charge, which else might haue bene wholie destitute of administration of anie sacraments: or else his predecessor in that place? [...]ay not he neuerthe­lesse vpon Glo. c. cum secundum A­postolum. ver. liceat. Ext. de preb. & dign. examination finding his weakenesse, for the place which he is presented vnto, with good reason and by law reiect him? Yes verelie. And what Gl. d. &c. 1. aetat. & qua­litate. & gl. in c. accepi­mus ver. ex­aminari. d. if some new mat­ter haue fallen out since his ordering, worthie to be looked into? Trulie the like iudgement is to be giuen as before. Likewise a minister may be newlie examined, and vpon cause sufficient also reiected, from obteining a benefice, euen by him that did ordeine him, if he were Gl. d. per c. ad haec, Ext. de offic. Ar­chid. examined but by his archdeacon afore, to the which Gl. d. per c. nihil est, &c. venerabilem. Ext. de ele­ction. examination the Bishop is also bound. Againe, Gl. in c. ac­cepimus, ver. reputare Ext. de aetat. & qualit. they that haue tolerated in an inferior office a man criminous, may neuerthelesse take exceptions against him, when he is to be higher pre­ferred. And laftlie it is no strange matter to affirme, L. relegato­rum §. vlt. ff. de interd. & relegatis. c. nos consuetn­dinem dist. 12. c. scrip­ [...]um est. Ext. de elect. that a man may lawfullie reteine a place of lesse estimation, which yet ought not to be preferred to a higher. By all which may appeare, by how manie meanes the Bishop by law may be exempted from iust reprehension, though a clearke being made a minister by some Bishop, and perad­uenture by himselfe, be reiected from obteining some be­nefice. And hereby also the finall reléefe appeareth, which couetous patrones are like to catch by this his cold apolo­gie for them. Yet we may to good purpose obserue our au­thors endeuour, who when ignorant ministers are once or­deined [Page 179] (whom he thinketh no ministers at all) yet in fauour of simonie, for gratification of corrupt patrones, and to loade Bishops with all the blame, can be content to plead thus for their placing in Benefices, whome a little afore he would not haue intituled to the Office of the ministerie, in which onelie respect (here he saith) The benefice is due.

50. Section. Pag. 101, 102, 103.

BUt he telleth vs in verie pittifull sort, as sorrowing that they should be so misiudged, that These couetous patrones are great beames in the eies of Bishops, pluralitie men, and non residents, for feare that by simonia­call compounding with poore simple men, the fat should be wiped from their beards, which o­therwise they would haue expected for themselues. And if they be indéed so great beames in Bishops eies, which yet they wish to be cast out as principall meanes for the foste­ring of an ignorant ministerie, euen in those liuings which being entirelie emploied, were sufficient to mainteine men of good and commendable gifts: then are not Bishops so great mainteiners and cherishers of ignorance in mi­nisters, as he would in this treatise so often insinuate. But whie they should maligne couetous patrones, for feare any liuing by simoniacall compacts shuld be drawne from them, I cannot for my part coniecture; séeing they are not capable by ordinarie course of lawe, of any such in­feriour liuings. And (I pray you) dooth the corruption of couetous patrones reach no further to the damage or hin­derance of any, but onelie of pluralists, and non residents? But he taketh that as granted, and will prooue by the an­swer of a couetous patrone to This pluralitie man and non resident, as it séemeth [...]: That the people haue no greater hindrance by an vnlearned man not prea­ching, and hiring out his benefice vnder foote vnto his pa­trone, [Page 180] than by a learned man not resident, and not prea­ching, hiring it out to his curate after a rounder rate. The patrones demand to the learned pluralist is to this effect: Whether it is not as lawfull for him to bestowe a benefice of his patronage, vpon one not able to preach, reteining by couenants all sauing a little, and procuring quarter ser­mons to be preached for him: as to bestowe it freelie vpon a great learned man, that either will not, or dooth not preach, but hireth one as ignorant as the patrones clearke to serue it? Trulie, if he that can, either doo not preach at all, or not so diligentlie as were conuenient, though the difference be a great deale lesse than all good and carefull men could wish: yet is there other so great differences, that he néeded not to haue béene [...], or to haue béene stroken so dumbe, as our author (like a merrie man) dooth fansie. First the one hath positiue law of the land to warrant it, the other hath none. In the one, the pa­trone dischargeth the part of an honest man, and according to the trust reposed, and the person that might performe dutie and will not, is onelie to be blamed: but in the other, the patrone for his owne filthie lucre is content, both that the people doo remaine during the persons life without all hope of féeding, & that the person by wilfull periurie which he procureth and abetteth, doo become [...]. q. 1. c. si quis & quin­que ca. seq. not onelie irregular euer after, but also to hazard without Gods woonderfull mercie, c. presbyter [...]i. 1. q. 1. eternall damnation. Againe in the one the Per­son onelie bereaueth the people of their spirituall comfort: in the other, they are not onelie bereaued of this, but the patrone robbeth both them and the person of their goods, wherevnto neither by Gods law, Ciuill, Canon nor Com­mon, he hath or can haue any interest; and in the meane time the person is his abbettor in this robberie. Lastlie, in the one there may be hope, that he may doo good hereafter, (séeing he is able) either by constraint, or for conscience: and yet in the meane time he is considered with that as with an exhibition for his paines and trauell, before sustei­ned [Page 181] in studie: but in the other, as there is no cause to re­compense his former trauels; so is there small hope of his atteining to that sufficiencie, which is supposed to be in the former. But in case he should atteine to such abilitie, and accordinglie put the same in vre: then should he haue a double iniurie: both to haue made shipwracke of his con­science, and after to be depriued by the patrone of the de­serued fruit of his labours. But our author cleane contra­rie, as not so greatlie misliking couetous patrones, and such of them as are come to that impudencie, as to make vnto their wiues assurances of a certeine annuitie after their deaths, to be leauied out of a presentatiue benefice, least perhaps he should pull some of his owne dearlings by the nose; auoucheth the corrupt dealing betwixt the grée­die coruorant patrone, and the néedie simple snake, To be lesse hurtfull to the common-weale, and lesse sinfull to the Lord, than the other. Wherein he dealeth like himselfe, thus to extenuate the most present poison, and most dan­gerous canker, that sretteth awaie the number of stu­dents of diuinitie from the church in these daies, of any o­ther pestilent practise whatsoeuer: and thereby to so we cus­shions vnder their elbowes, and to lull asléepe in the bed of securitie, those his clients; who vnder an hypocriticall pre­tense, of disburdening themselues of the cares and trou­bles in gathering vp their duties, are as readie (rather than faile of liuing) corruptlie to share with their patrones, as their patrones are precise and exact in omitting nothing that may fill their pouches, though it be with the spoile of the church, and the steine of their ministers conscience. Lesse hurtfull (he saith) it is to the common-weale, bicause of the patrones hospitalitie, and releefe of the poore of the parish by this meanes. And is indéed the patrones libe­ralitie so strait laced vp, that his house shall hold of our la­die, and that he will giue nothing for Gods sake, except he may haue the personage barne to make the dog in his mill to barke, and the tieth wood of the parish to make The [Page 182] poore a fire once a yeare in his hall? Trulie this is nothing else but to bring the price of a dog into the Lords sanctua­rie. But what if the patrone dwell farre off? Or the parish where he dwelleth be almost dispeopled? Or what if it may be trulie answered, that the most Non residents kitchins be oftentimes in the yere not cold as his dogs nose is, but as hoat as his owne; shall not his dog-bolt reason, taken from a dogs snowt, be laid asleepe, till some bodie helpe it vp? As for his other inuectiue, for carrieng the reue­nues arising in one place vnto another, I hope he will no more vrge it in them, as hurtfull to the common-weale, than he may doo in temporall mens liuings, or in the li­uings and exhibitions of some ecclesiasticall men his fa­uorites. And whie not (I praie you) without damage to the common-weale, out of Ireland to Cambridge, as well as from London to Germanie? Out of Wales into Oxenford, as out of Wales into Warwikeshire? From beyond Lin­colne to Salisburie, as from besides London to Gernsey? And from besides Leycester to Carlil in Cumberland, as from Kent or Northfolke into Northamptonshire? Lesse sinfull (he saith also) it is to the Lord, bicause the patrone enioieth his right by couenants & good-will of the in cum­bent, and oftentimes with the consent of the people, whose clearke they willinglie receiue to be placed among them. But admit these reasons were true, yet hereof it dooth not follow, that It is lesse sinfull than non residence is: for the non resident taketh no oth by the Ordinarie for his resi­dence, as he falslie (yet boldlie) auoucheth; but all that be in­stituted, either take, or ought to take the oth, for not com­mitting simonie, by themselues, or others by their priui­tie, either directlie or indirectlie. As for the promise of resi­dence to the patrone, it is a thing in fact, and presumed not lightlie onelie, but also vainclie by the author, being more probable that the patrone, if he were so desirous of the per­sons continuall companie, would bind him sure inough from starting; yet if it were made and broken, the foulnesse [Page 183] of this sinne will not counteruaile hainousnesse either of periurie in the person, or of theft and pilfring by the pa­trone. For how can he before God be exempted from the guilt of theft, which enioieth ecclesiasticall liuing without warrant, either of Gods law or mans law? That which he saith of non residence simplie to be both against the law of man and ordinance of God, remaineth more aptlie to be discussed in another place. But as touching the consent of the people, who no doubt giue a verie free consent to allow well of him, whom their patrone liketh for his gaines sake, and whome they dare not mislike for feare of the patrones displeasure: as it is neither required by Gods nor mans law, so dooth it make nothing at all to the qualifieng or re­bating of the edge of Gods wrath, against this detestable sinne of Simonie, and church-robbing. His other excuse or eleuating of the sinne of simonie by the good-will of the person, may be Aristot. 3. Ethic. compared to the good will of him, that to vnlade the ship in a tempest departeth (in a sort willinglie) with his pretious treasure, which with his owne hands he casteth ouer ship-bord, to saue his owne life. But the pa­trone (he saith) enioieth a Right in the church-liuing by co­uenants. Right he can not haue to that, which both Gods law and mans law dooth detest; and the couenants are vn­honest, being by law condemned, and therefore by no law doo bind either of the parties, but are méerelie void.

51. Section. Pag. 103, 104, 105.

HEre he resumeth againe the ob­iection made in fauour of the Bi­shops: who are supposed to admit in­sufficient men sometimes to benefi­ces, least by a writ of Quare non ad­misit brought at the common law, the clearke reiected, to the great vexati­on and charge of the Bishop, should notwithstanding be admitted to the benefice. And saith, It is an obiection not [Page 184] to be obiected. Truth it is, that this obiection is not worth the obiecting, and therefore he that tooke vpon him in be­halfe of others, thus to frame it, if his skill had béene any greater in the common lawes, than it is in the ciuill; he would sure haue framed it better, and with some more likelihood of probabilitie. For the Br. de quare non admisit. Natura bre­uium vetus & noua. writ of Quare non admi­sit dooth not lie vpon the reiection of a clearke by the Ordi­narie for insufficiencie onelie, but where the Ordinarie re­fuseth to admit his clearke, he hauing by action at the com­mon law recouered the aduowson of the church, against some that likewise pretended right vnto it. And by the Natur. bre­uium ibid [...]m. & noua na­tura breuiū. fol. 47. g. writ of Quare non admisit brought, if the plaintife preuaile against the Bishop, he shall not thereby recouer his pre­sentment against him, but damages for not admitting. And Ibidem, li­ger. f. therefore it is to be brought in that countie onelie where the refusall was made, and not in the countie where the church standeth, as in Quare impedit is required, where the presentment is also recouered. Yet this (if I doo not mistake it) may contrarie to our authors intention be hereof gathered: that the Bishop which shall refuse to ad­mit such a patrones clearke (for insufficiencie peraduen­ture) as hath recouered against another man the aduow­son and right of patronage of a church, may vpon this writ of Quare non admisit, be cast in irrecouerable dama­ges, though the clearke doo not thereby procure his institu­tion. So that we sée the Bishop which shall reiect an insuf­ficient clearke, besides the charges and trouble he may be put vnto, vpon a Quare impedit yer it come to triall before the Archbishop, is not otherwise cleare from all danger in this behalfe: though both by ciuill, canon, and common law (as he saith) the examination and iudgement of a clearkes sufficiencie, doo apperteine to the cleargie. Yet the first place, which for proofe hereof he bringeth out of the Autentikes Col. 9. hath no such matter, but onelie shew­eth in some part, what kind of men such must be, as are to be assumed for clearkes. Likewise the last place out of [Page 185] the common law alledged, speaketh of a clearke reiected, not as insufficient, but as criminous, not mentioning at Imperti­nent alle­gations. all to whome the examination and inquirie of his suffici­encie dooth apperteine: but saith onelie, that a spirituall man may know his owne clearke. But as not being sure of his grounds out of the common law, which he standeth vpon; and yet minding to be sure to deriue and conuey all the hatred and enuie of planting insufficient ministers vpon the Bishops, he teacheth the Bishop to depose such a clearke for vnabilitie, whome the common law hath thrust into a benefice, against his will. But dooth he thinke the reach of reason of so manie notable men in the common lawes to be so short, as that they will be to seeke to find an Oliuer for this Rowland? Or whome they haue by a iudge­ment at their law found to be sufficient, shall they not be able to mainteine him in his liuing once gotten, being called againe into question, but vpon the same cause one­lie? But how can this deuise stand, if our authors reason Inconstan­cie. Pag. 101. afore brought were good and generall, that Whom the Bi­shop hath reputed meete vnto orders, them he ought to repute also fit for a benefice? Or with that other para­doxe, of his, which giueth To all the people an interest in the election of their minister? Shall not they haue also, accor­ding to the rule of law, an interest in his reiection and de­posing? And what if his insufficiencie be not so great, as that the law will allow his deposition in that respect one­lie, according to that which to this purpose hath bene alrea­die spoken, although the Bishop might haue good reason to induce him to thinke him vnfit for the benefice, which he was presented vnto: shall he neuerthelesse, otherwise than law will warrant, procéed to his deposing? Naie, if this were tollerable, the Bishop might with better pre­tense and lesse danger or trouble, vpon finding him vnfit, giue presentlie Definitiue sentence against him, that he is no minister at all, as our author hath learnedlie taught him, and then would the matter be spéedily dispatched. But [Page 186] yet further, what if the partie appeale and prosecute euen till it come to hir Naiestie, and make the Bishop the partie appealed in euerie instance, as hauing done him the iniu­rie? Nust not the Bishop be forced either to sit downe and yéeld, or else to his intollerable charges to prosecute, and perhaps in the end be ouer throwen, and so paie charges al­so which the appellant hath defraied? Iruelie, if euerie Bi­shop should follow this plat, and should séeke to depose from the ministerie, whom our author iudgeth no minister for insufficiencie, he had néed to be either indued with a Dictators power without all appeale; or else to haue as much liuing as halfe the Bishops in England, onelie to be expended in following these sutes in his owne onelie Diocesse.

1. Section. Pag. 107, 108.

IF this conclusion, for proofe whereof in this whole treatise he pretendeth to la­bour, were granted vnto him, as in part it ought to be, though that be vntrue which he meaneth thereby: might it not be said, that ei­ther he knoweth not what he writeth, or else willing­lie spake vnproperlie, to make the matter seeme more odious; as though it were hoiden to be lawfull, to dispense with a man for as manie benefices as he could procure? For seeing in our common spéech (howsoeuer the law more generallie dooth construe it) a benefice is taken for a pastorall cure of soules, ouer the people of some parish: it is euident by the statute in that 21. H. 8. c. 13 The Ab­stractors discourse wholie in­pertinent. behalfe prouided, sauing those that be of hir Maiesties councell, which may keepe three benefices with cure of soule, and hir Nighnesse chapleines vpon whom the may bestow what number of benefices the will: that no man can be dispensed with to reteine Multa huiusmodi beneficia, many such benefices, according to the true proprietie of spéech: yet some being so qualified as is required, may be dispensed with to receiue and keepe Plura mo than one, [Page 226] euen but two in all, which cannot properlie be called Many, except the matter were of great raritie. Unto all which di­spensations so by statute-law and act of parlement war­ranted, both he and all the subiects in the land, in 4. H. 7. 10. the eie and construction of law, are deemed to haue consented. And therefore that he or anie other should call them Vn­lawfull, or presume to inueigh publikelie against them (as he Pag. 159. telleth by some to their great commendation both by speach, writing, and preaching to be practised, whome there­fore he calleth The Lords seruants) I for my part can not sée how it can be excused from faction and great contempt Factious dealing a­gainst law. of hir Maiestie, and hir lawes, Or else, why may not I, or anie other priuate man whosoeuer, in like manner, with as good toleration as he (perhaps vpo my particu­lar conceipt againsst some other of the lawes of this land) take pen in hand, and tell all the subiects in it, that they are no lawes in déed, as being against the word of God, the law of nature, of reason, and of nations? And thereby to giue a dangerous ouuerture and open window to the loo­fing of the ioints of all obedience to lawes: and to turne ouer those matters, which are to be debated with great mo­deration to & fro, onelie in the most honorable & high court of parlement, to the dispute and graue censure, naie to be a theame for euerie flieng pamphlet to iangle, and euery ale­bench to ring vpon. It is good & sound counsell that one gi­ueth about the rules of oratorie, that he which is to treat or to wrife of any matter, shall deale aduisedlie, if he prefir be­fore him continuallie the verie point of the issue whervnto he is to speake; least by the course & streame of matter vp­on matter, he be carried from the purpose. Which aduise, if our author had followed, he would not in this & diuerse sections followed, he would not in this & diuerse sections following, haue ginen vs [...], quid pro­quo, one thing for another, as apothecaries are burdened Wand ring from the if­sue, sam [...]times to doo. For how dooth this follow? It is against the law for a man to haue manie benesices, Ergo it is against the law to dispense with a man to haue manie be­nefices, [Page 227] or for the reteining of two benefices. Naie the contrarie is true & followeth well. The law in some cases dooth permit a dispensation for reteining of mo benefices, considering a dispensation néedeth not, but where the rigor or generalitie of law, is vpon some occasion to be decla­red, mitigated, or released. And it can not be called a dis­pensation or immunitie, but where the law is or appeareth to be in generall termes otherwise to the contrarie. And it is incident to the libertie and fréedome wherein we are borne, that we may without further licence doo that which law dooth not forbid vs: in which respect Priuilegium is cal­led Quasi priuata lex, a priuat or particular law, touching but a few in comparison of those that be within the gene­rall disposition of that lawe, which seemeth to be contrarie. And therefore by as good pretext and colour of probabilitie, he might haue reasoned thus: By common right in this land, a fellon or traitor condemned is to be executed; Ergo it is vnlawfull for the prince to pardon him. Or thus: By common right, all wrecks, dedans, fellons and outlawes goods, léets and views of franke pledge doo belong vnto the crowne: Ergo the speciall grants of these and such like from hir Maiestie and hir noble progenitors, to sundrie persons and corporations in this realme, are vnlawfull, and the patentees can not with a good conscience enioy them. And againe: It is not permitted simplie to euerie man in the land to weare cloth of gold, cloth of siluer, lu­zernes, sables, veluets and silkes; Ergo the immunitie granted to great personages to weare these or some of them, is vnlawfull. So that till our author shall take vp­on him to prooue, that either the law dooth not permit anie dispensations at all for mo benefices than one, vpon anie circumstance or occasion whatsoeuer: or else that the law ought not and can not grant anie such immunitie or pri­uiledge: we must follow him vp and downe at rouers, speaking to no purpose, and in the meane time (as the pro­uerbe is) wash an asses head. Therefore let vs brieflie looke [Page 228] into his proofes, against one mans reteining of mo benefi­ces, and into his apodesticall syllogismes, collected vpon them as he imagineth. His first allegation c. quia non­nulli, Ext. de clericis non resid. taken out of the decretals (though both it and all other sounding to that purpose be to be vnderstood, as shall appeare after, of such persons onelie as be not qualified as they ought, nor dispensed with as they might) dooth yet simplie, in it selfe considered, make nothing against the practise of our church herein: for it prouideth against the couetousnes of such onelie, as Being scarse able to discharge one office, doo not onelie seeke, being vnqualified and vndispensed with, to Procure vnto themselues diuers ecclesiasticall dignities, but also Diuers parish churches. So that it might verie well be applied against such a man, being priuie to him­selfe how vnworthie he is for the enioieng of anie such ex­traordinarie fauor, and therefore out of hope euer to pro­cure dispensation: would De facto, for the satisfieng of his gréedie gaine, inuade as manie dignities and inferior be­nefices ecclesiasticall, as by hooke or crooke he could anie waie come by. For the other c. 1. de con­suetudine in 6. place here quoted, cleerelie decideth: both that with dispensation, a man may reteine lawfullie two personages, two dignities, prouostships, or offices, togither with a prebend (though all thrée belong to one church) so the same be expreslie conteined in such di­spensation: and also that if the custome of the said church be so, he may reteine one personage, dignitie, prouosiship, or office ecclesiasticall togither with a prebend, without dispensation. And therefore his second or Minor proposi­tion of his first syllogisme, where he simplie assumeth, that the enioieng of many benefices, howsoeuer, or by whomso­euer, to be a maintenance of couetousnes, is not true, nor out of this place confirmed. For if it were Causa per se, & non per accidens tantùm of couetousnes, then should the ha­uing of so much yéerelie liuing, as such benefices ioined to­gither amount vnto, be vnlawfull, & condemned as a ne­cessarie roote of couetousnesse, in anie man whatsoeuer. [Page 229] And if his first proposition or Maior be vnderstood of a Fallacies for reasons. cause or maintenance of couetousnes Perse, then hath he made a fallacie Ab. accidente, to condemne in his Minor, that, as simplie mainteining of couetousnesse, which one­lie by accident and casualtie falleth out to giue an occasion for a couetous mind to worke on. But if he meane, that euerie thing is vnlawfull, which accidentallie may occasi­on couetousnes, then is his Maior vntrue: for then, gold, siluer, possessions, children, and all such externall goods, whereby (not by any fault in themselues, but as by an oc­casion) men be diuerssie drawne into couetousnes, should be condemned and abandoned as simplie vnlawfull. His second syllogisme is a fallacie Ab eo quod est secundum quid vt simpliciter. For his Minor is false, if it be vnderstood of those that be both qualified and dispensed with, as law pre­scribeth: which he setteth downe as simplie true, bicause the canons forbid generallie men not dispensed with therevnto, to reteine mo benefices. The like is to be said of the third syllogisme, whose Minor being propounded sim­plie, as though euerie one (though he be dispensed with) ta­king the stipend of mo benefices, did take that which is due vnto manie: is vtterlie to be denied. Except he will saie, that as the said stipends haue beene heeretofore seue­red vnto mo: so they may be againe, and therefore are due to many. But then, séeing he disputeth not according to the same time, his argument is faultie vpon the Igno­rance of the elench. And if his Minor of his fourth syllo­gisme be vniuersallie taken, which it must needs be, or else his conclusion will be particular, and carrie no shew to his purpose; then is the same also as vntrue as the former, and to be denied. For I doo not doubt but there be verie many in this church of England (though not so manie as were to be wished in respect of the parishes) which by the mercie of God are as well able in all respects, considering the frailtie of man, to discharge that dutie, which is inci­dent to a pastorall charge; as in any age heeretofore hath [Page 230] béene found, either here, or in any other like particular church or nation elsewheresoeuer: which thing also he him­selfe setteth downe as a truth, and as a dutie that may be discharged, so the partie be resident, euen in the Minor of his last syllogisme in this section. The Maior proposition of which his last syllogisme, except it be ment of a perpetuall and a continuall hinderance, which yet the partie himselfe might auoid, or of such as otherwise dooth not bring some greater or as great a benefit to the whole church some o­ther waie, is vtterlie also vntrue. For besides the gréeuous visitation of God by sicknesse, which is no sufficient cause (as hath béene afore shewed) to remooue a man from his benefice, who therefore may haue a coadiutor assigned vn­to him: there may be manie other causes laid downe, for the which a man may iustlie sometimes be awaie from his pastorall charge, and discharge it by another: as namelie if he be abroad for recouerie of his health: if he be called by his superiors authoritie to answer matter in law obiected against him: if he be forced for the repulsing of gréeuous and in tollerable iniuries, to prosecute another in law, or for the reteining of his owne right: if he be sent of ambas­sage by his prince, or otherwise necessarilie emploied and commanded attendance: if his helpe be required in o­ther places for the pacifieng of schismes and disorders, and for confutation of heresies: if his paines and trauell be re­quired for the confirmation of true doctrine, taught by an­other: if his presence be desired as needfull or expedient at some consultation about church matters, as at some synod particular, prouinciall, nationall, or generall: and lastlie, if some other parts of the said nation and church should o­therwise be wholie destitute of a pastor to féed and instruct them. For if vpon these and manie other like occasions, of no lesse importance, it were simplie vnlawfull for a mini­ster to be absent sometimes from his pastorall cure, and to substitute another to supplie his roome: whie (I praie you) may diuerse of your Saints of God, and seruants of the [Page 231] Lord, which by a pharisaicall [...] you oppose against all other not so fantasticallie affected as they: whie (I saie) may they gad abroad from their cure, hauing no cure else­where to looke vnto, by the space of fiue or sixe moneths sometimes in a yeare hither and thither at pleasure, and lie from their cures by the space of thrée or foure moneths by troops together in London, or at the least a whole parle­ment time, being not called to counsell in the conuocati­on? Is there by their absence some publike commoditie comming or growing towards the church; and may not another learned pastor, hauing diligentlie fed his flock by a good part of the yeare in one place, yet not neglecting the other people in the meane time, bestow to the profit of the church, the rest of the yeare in painefull preaching and teaching to the people of another parish? Both which per­aduenture might else be either wholie destitute of preach­ing, as being seuerallie no sufficient maintenance for a man of studie and qualitie, or else haue but such a one, which being as bold as ignorance may make a man (which is the greatest boldnes that may be) would aduenture to speake, [...] not knowing at the first what or how to speake, and yet being once set of talking, could not tell how or when to make an end.

2. Section. Pag. 108, 109.

THis chapter like as the former speaketh against such as reteine ma­nie prebends, yea more than two, & that without dispensation. Which may appeare both by the glosse, and also bicause it is called ambition in them, which Panormi [...] in c. de multa Ext. de praeb. infine. is not appliable vnto those, whome the partie authorised therevnto, finding suffi­cientlie qualified, shall for good cause according to lawe dispense with for reteining of such benefices. For ambition resteth, either when a man vtterlie vnworthie will set him­selfe [Page 232] forward arrogantlie to that which he is vnfit for; or being worthie, shall séeke it by vndue meanes, and contra­rie to law. And therefore, as it looketh not towards his purpose, to proue dispensations for mo benefices vnlaw­full; so can it not be applied against the practise of this church wherein none be allowed to reteine mo pastorall charges, or other promotions ecclesiasticall, in law termed benefi­ces, without dispensation: though in truth it reach a blow His reason retorted a­gainst his owne adhe­rents. vnto diuerse of his clients, who can be contented (notwith­standing in law a prebend be accompted a benefice, and in some cases also haue cure of soules) to reteine one, two or thrée, yea foure prebends sometimes; onelie bicause they doo not passe in common speeches vnder the names of be­nefices, and to the intent of residence and incompatibilitie by statute law, are not accompted cures of soules: yea, and that without all dispensation, according as is requi­red. Which therefore can not in them be cleared from the staine of ambition, howsoeuer they beare it out with a stearne looke, and a clowd in their forehead amongst those which admire their great sinceritie, and which doo verelie beléeue, that their feed is so pure, that they would rather liue by aire alone, than be susteined by church liuings, euen as the Chamaeleon is supposed by some to doo, with as great truth, as that such haue no prebends to mainteine them.

His first reason here, touching the maintenance of am­bition (by pluralitie of benefices) is sicke euen vnto death, of the same disease that his first syllogisme of his other se­ction A fallacie ab accidents. was, and is a fallacie Ab accidente: because though some may be led therevnto by ambition, yet is it not anie necessarie efficient cause thereof. Yea, in his Minor of this syllogisme lurketh a fallacie [...], bicause though it be ambition in such as seeke to aspire to prefer­ments, which the law will not intitle them vnto: yet is it not ambition in those, which being qualified according to law, doo seeke it onelie by ordinarie meanes. That which he speaketh in his second syllogisme of Roging, is his owne [Page 233] proper goods, and not borrowed out of this canon. The Dis­solution and often going to and fro, which the canon spea­keth of, and he translateth as it liketh him, a Dissolute and gadding ministerie, whereas yet no mention is made of ministerie, is (as I take it) set downe, to shew a difficul­tie of reteining such within the bounds of ecclesiasticall rules and offices, which by occasion of their seuerall pre­bends situate in diuerse churches, are often called to and fro about the affaires incident to their seuerall liuings. Yet neither dooth this Decretall simplie condemne, as a thing intolerable, all such Going to and fro, but where it conteineth perill of soules withall: neither can it be with anie reason found fault with, where otherwise vpon some weightier occasion, it tendeth to a greater benefit to­wards the church, than this can anie waies be offensiue: which offense, is the onelie ground almost, why this often going to and fro, can with anie colour be reprehended. And therfore his Maior must be better vnderlaid with rea­son, before we may absolutelie admit of it, as true. The Medium or reason of his third syllogisme, which he maketh seuerall by it selfe, is ioined with a copulatiue to the rea­son of the former syllogisme, and so both they should make but one reason. Now, to haue diuers benefices, dooth not necessarilie conteine (as he assumeth indistinalie in his Minor thereof) anie perill of soules: but onlie then, when the partie is not dispensed with to reteine them, as the Gl. in c. quia in tan­tum Extr. de prebendis in verbo ani­marum per text. c. du­dum. 2. Ext. c. de elect. glosse in the same place dooth teach vs. And therefore his reason is a paralogisme [...]. The cause of which perill of soules, ouer and aboue the parties owne danger, bicause he can not with a good conscience reteine vnto himselfe anie thing against law, is assigned to be this: that Gl. ver. de­ceptae, c. dis­dum. he being not dispensed with, and therefore his benefice, though in fact by him reteined, yet by law in deed meerelie void: ail his exercise of the keies for binding and loosing of the parishioners of his first benefice, shall there­by, as being done A non iudice, become void also, and so [Page 234] those shall forsooth dangerouslie remaine in their sinnes, which thought they had béene by him in shrift cleerelie ab­solued. Which reason being by the light of Gods gospell discouered to be but vaine, that which is built therevpon must needs topple downe to the ground withall. For we know that no c. si quis &c. cum ali­quis. 24. q. 3. sentence of anie mortall man can either bind or loase a mans sins, otherwise than the word of God dooth warrant and declare: according to which if it be pro­nounced by whomsoeuer, the sentence is good, and ratified by God himselfe, as he hath promised. In which respect al­so some canons, and some of the sounder schoolemen haue taught, that the sentence of the priest dooth onelie bind declaratiuelie, and not dispositiuelie. The Maior proposi­tion of his last syllogisme here, doth by no coherence of rea­son hang togither: for both in the church and common­wealth manie occasions may be assigned, that doo in some sort indirectlie Hinder other from doing fruitfull seruice in either of them, which yet may and ought to be tolerated. For what if some notable man by due desert haue attei­ned diuerse high offices, which by reason of the manie old reuerend yeares wherewith God dooth blesse him farre be­yond all expectation, in which time neuerthelesse manie o­ther excellent men perhaps are bred vp, by all likelihood able in verie good sort to serue in those seuerall roomes of the church or common-wealth which he enioieth: shall such a man in this regard be stripped foorth of most of his li­uings, least others should want in the meane time, and be hindered from imploiment according to their sufficien­cie? Or shall we therefore accuse old-age, and the blessing of manie yeares as a thing intolerable? So that we see it is a Fallacie ab accidente, like diuers of the rest which are branded with the same stampe. The Minor also of the said syllogisme hath as slender color of truth as the former. For as one of the ends (as I conceiue of the statute) was to haue such as were intended to be of greater gifts, to haue larger rewards: so was it another end, rather to haue two [Page 235] diuerse parishes allotted to one man able to instruct them, and they to mainteine him: than to haue them serued by two seuerall men not sufficient to instruct either of them. So that it may trulie be verified, verie few sufficient preachers, by this onelie meanes of one mans inioieng two benefices, to want maintenance, or to be hindered from dooing seruice in the church: which may appeare by taking an estimate in euerie countrie of such liuings, which be of as sufficient liueliehood as the most seuerall liuings of anie pluralists, which are not yet bestowed so well as were to be wished.

3. Section. Pag. 109, 110.

IN the text here alledged, whence the reason of this Syllogisme is ga­thered, it is said, that After a sort, he that vsurpeth vnlawfullie two bene­fices, dooth commit theft: which word of Quodammodo was necessarilie and warilie added, bicause Theft is defi­ned to be Contrectation or handling of another mans goods, without the good will of the owner: which cannot be applied properlie to a void benefice, whose proprietie is in­déed and in strict termes of law in no man, during that time, but (as the common lawyers also doo teach vs) In nu­bibus, in the clouds and in suspense. Which necessarie limi­tation, though our author hath inserted in his syllogisme, yet hath he omitted to translate it with the rest of the text. Corrupt translation. But it is answered in the next section afore, both by the text here alledged, and by the glosse vpon the other de­cretall there handled, that there is neither danger of soules, neither any maner of theft committed, but where a man vsurpeth mo benefices than one, being not by law thervnto authorised or dispensed with. For the c. dudum. 2. §. nosigitur. Ext. de electi text it selfe thus distinguisheth: If it appeare, that after the enioieng of the archdeaconrie, hauing cure of soules annexed, he re­teined [Page 236] the said parochiall churches also at the time of his election, neither did shew forth that he was dispensed with by the apostolike See, then his election shall by authoritie thereof be frustrated. And the like distinaction also is found in the other chapter c. de multa. § finali. Ext. de pr [...]bendis. here quoted in these words: But con­cerning great personages and learned men, which are to be honorablie respected with greater benefices (as reason shall require) the apostolike See may dispense. Therefore it is euident, that his Minor proposition is in two respects false: first where he assumeth, that the Pluralist taketh that which belongeth to another: and againe, in that he affir­meth simplie and absolutelie, without the former distincti­on of law, that he committeth theft. And likewise it appea­reth that he crusheth himselfe against the said rocke of Pa­ralogisme, [...], whereat he hath so often made shipwracke of reason.

4. Section. Pag. 110, 111.

TO his first place heere alledged out of the Distinctions in the Decrees, the Glos. in ver­singulis c. sing u. dist. 89. Glosse. trulie dooth answer, that it is to be vnderstood to be indéed The generall lawe, yet limited and restrained vpon diuerse occasions of Speciall priuilege, euen by other parts of the same lawe, as shall (God wil­ling) be made manifest hereafter. The other place in this section alledged, is shamefullie by him falsified: for he hath Falsificatiō. put in (more than anie booke, that I can find, speaketh of in that place) all these words, wherevpon his thrée syllo­gismes insuing are grounded, to wit: Both bicause it is a proper kind of merchandize and filthie gaine, and also al­togither contrarie to the custome of the church: where in trueth, that c. per laico [...] [...] fine. 16. q. [...]bigl [...]in [...]r. Duas. canon saith nothing else but this; Let no priest haue two churches. Which the glosse, for auoiding of contrarietie with other lawes, dooth thus interpret, that is, Not two churches with title, except they be poore chur­ches, [Page 237] as is to be found, c. eam te: Ext. de aetat. & qualit. aud. c. vnio, 10. q. e. Neuerthelesse the truth is, that these things may be verified of such men, as wholie contrarie to the canons doo vsurpe mo benefices, then they are dispensed with by law to receiue. And therefore the like words are vsed in another c. 1. 21. q. 1. in fine. canon, yet not simplie, (as our author without any simple meaning or plaine dealing hath alled­ged) but with distinction, that it is meant, That none shall hold by waie of title two benefices in two seuerall cities, or in that citie where the seauenth councell was as­sembled, though in villages abroad, by reason c. priscis. 56. dist. of scarsitie of such men, it be permitted: bicause it was then intended, that in cities all things necessarie being more plentifull than in the countrie, they might by one benefice be suffici­entlie mainteined. Therefore his thrée seuerall assumpts or Minor propositions, wherein he assumeth without proofe, that absolutely, It is against the good custome of the church, a proper kind of merchandize and filthie gaine, and vn­comelie, in anie respect, for one man to haue mo benefi­ces; are all to be denied as vntrue. Yet I must put him in mind, that the Maior of his last syllogisme is also vn­true; bicause, if he vnderstand, In the church, that is, a­mongest christians (as he must néeds doo, or else taking it for the publike assemblie about the exercises of our religion, he shall speake besides his purpose) manie things are lawfull, which are not expedient, and therefore not comelie.

5. Section. Pag. 111, 112.

IF his store to this purpose were either so great, or so good as he ma­keth boast of, then was he greatlie ouerseene in his choise, to cull out this constitution of the Legat Octobone in steed of all the rest. For the words which he hath alledged, as is euident [Page 238] to him, which will peruse the former part of that Const. Otho­boni de insti­tut. seu colla­tionibus. §. 1. consti­tution, (which yet our author of his owne absolute authori­tie hath transformed and diuided into two chapters, as though the one did not depend vpon the other) are spoken against such, as Are not able to take charge ouer them­selues, which doo not reside vpon their cures, which are not in any sacred orders requisite to the reteining of such a be­nefice, which doo not onelie vsurpe manie, but infinite such benefices, which though they would, yet by no possibilitie are able to satisfie their charge, which violentlie intrude themselues into such benefices, which by subtile deuises & colourable shifts doo seeke to reteine them, & lastlie which haue no dispensation therevnto obteined from the aposto­like See, as the canons in this behalfe doo prescribe. There­fore it is no maruell, those so manie blemishes, or diuerse of them concurring, that these blind leaders (except they had bene as blind as mowles or béetles) did perceiue such great inconueniences therein, as that they could not but thus greeuoustie exclaime against them. Which before it can be applied to our plurified men, as this foolified phrase­finer termeth them, he must first prooue, that the cases of both are alike.

6. Section. Pag. 112, 113.

IT could neuer haue come to passe, but that the Abstractor is Gnauiter impudens, that he should ob­iect the same statute for the abso­lute prohibiting of the reteining of mo benefices, which dooth alonelie establish all dispensations for Plu­ralists (sauing for the Chaplens of some few qualified persons, by other statutes afterward prouided for) that be or can be put in practise in this church of England. Wherein yet we may obserue euen in the very words by himselfe alleged, though we go no further, [Page 239] that the hauing of mo benefices is not so generallie pro­hibited, but that in respect of the pouertie of the first bene­fice, as being vnder eight pounds yearelie value, agree­able partlie to the canons in this behalfe, a man may without furder qualification or dispensation by that sta­tute exacted, reteine also a second of what value soeuer, without auoiding himselfe from his first benefice. And bicause our author hath here made a gallant shew of cer­teine generall lawes, prohibiting (though not simplie) the reteining of mo benefices: and is now readie prest to improue with all his might, that which may be obiected to the contrarie, touching such lawes, as doo permit by dis­pensation to some persons and vpon some occasions, the inioieng of mo than one: it shall not be amisse breeflie to point out such lawes and canons (besides those few, which hitherto haue béene here and there aforetouched) which doo directlie prooue, that by dispensation it is lawfull, to be pos­sessed of mo benefices than one at once, vpon some reaso­nable occasions.

It appeareth by a c. de multa. Extra exe­crabilis de prebendis. whole Decretall set downe of pur­pose concerning pluralitie of benefices, that dispensations may be granted for reteining of mo benefices by one man. It is likewise in another place c. ordinarij, §. 1. & §. cae­terum de off. ordinarij in. 6 decreed, that as those which can not shew foorth sufficient dispensation, shall be deuested of those benefices, Which in that respect they doo vniustlie hold, so if they can shew a sufficient dispen­sation, they shall not be molested for them, bicause they doo hold them canonicallie. Manie examples herof might be alledged here and there dispersed: as c. cum Ca­pell. Extr. de priuileg. where certeine praebendaries are mentioned to haue claimed an exemp­tion in the parish churches, which they inioyed; bicause the place whereof they were praebendaries, was exempted. And c. relatum. 2. § fin. Extr. de testam. againe, where it is decided, concerning the distribu­tion of his goods, which had diuerse benefices. Another ex­ample herof may be taken out of Concilium c. vnum. §. pont. 2 [...]. q. 1. Agathense, where it is decreed, that An abbat may haue two mona­steries, [Page 240] and both of them as in title, but by speciall priui­lege, and not of common right. And it is decréed in the c. Clericum &c. sequente ib idem. Councell of Chalcedon, that a man may be a Bishop of one place, and an Archbishop of another all at one time, yet the one by title, the other by way of Commendam: like as we read of Oswald, who in the daies of king Edgar before the conquest reteined both the Archbishoprike of Yorke, and the bishoprike of Worcester together. An example al­so here of more ancient dooth appeere in the c. relatio. &c. vl. ibidem. daies of Gre­gorie the Great, where by his appointment one was both Bishop of Terracon, and Bishop of Funda at one time; yet the one by title, and the other Commended vnto him by waie of trust for tuition. And the glosse hath verie well gathered out of Hostiensis fiue other causes, wherein two benefices may be committed vnto one man to be holden in title. c. vnio. 10. q. 3. c. eam te Ext. de aetat. & qual. First, when the churches be of poore and meane reuenue. c. vli. §. si­que dist. 70. Next by the dispensation of the Bishop, so that it be in his owne diocesse, and in simple benefices, for Add. ad gl. ver. in dua­bus, ibidem. other­wise it belongeth (saith he) to the Pope to dispense. c. 1. in fine 21. q. 1. Third­lie for scarsitie of sufficient men to serue in that function: vpon which consideration, the canon alloweth in villages in the countrie one man to haue two benefices. c. relatio. d. c. de multa, &c. ordinar [...]. Fourth­lie, by dispensation of him that hath authoritie, which in those times they attributed to the Pope. Gl. in ver. pendeant. c. eam te Ext. de aetat. & qual. c. super co &c. cum singula in pri. ver. nisi vnus de prebendis. in 6. Fistlie and lastlie, if one benefice be annexed or doo depend vpon an­other.

7. Section. Pag. 113, 114, 115, 116.

THe Abstractor seemeth in this section so big with matter, that he confusedlie shuffleth togither the confutation of his aduersaries (sup­posed) obiections, with the proofes, which he bringeth to ouerthrowe dispensations, as not knowing whe­ther of them he had best to be first [Page 241] deliuered of: and yet it will prooue but a timpanie, which in this maner dooth no lesse trouble him, than if it were an arrow sticking in a dogs leg. First of all he here telleth vs, that Although the magistrate in some cases besides the law, may licence and dispense, yet in the matter of plurali­ties it will not be found: being as much in effect, as if he had said; None authoritie whatsoeuer can lawfullie war­rant a man to reteine two benefices. This neuerthelesse he leaueth vnproued wholie, and passeth on, by waie of ob­iection vpon ground of certeine generall rules, to frame for those which are Abbettours of pluralists a reason, which I will breefelie gather into a syllogisme, though he haue onelie framed an enthymeme thereof, and in steed of the antecedent, to wit: Pag. 120 that Churches were founded and di­stinguished by law positiue, which afterward he affirmeth to be vnture, he héere denieth not that, but the Conse­quence, as vnnecessarie and sophisticall. The argument may be thus gathered. The same authoritie, which hath first distinguished churches, may vnite them againe. For the reason and ground whereof, he bringeth these generall rules, He may pull downe, who hath set vp: and the inter­pretation of the law belongeth to the law-maker. But the authoritie of positiue law hath first distinguished churches: Ergo the authoritie of Positiue law may vnite them againe. To those generall rules in the first place he answereth, that If they be generallie vnderstood without limitation & distinction, they be either vtterlie false, or else contrarie and repugnant to other principles of law. Truelie this is verie strange law vnto me, to heare that one principle of law is contrarie to another. If he had said repugnant a­lone, it had béene tolerable: but he speaketh with a copu­latiue, and saith, they are both contrarie and repugnant. Wherin also he ouerleapt his Logike a little, for there can be no doubt but that euerie Contrarietie is a Repugnan­cie, though not contrariwise. And I alwaies was charged to beléeue, that there were no Antinomies in law: though [Page 242] yet this be true, that méere contrarieties, yea and contra­dictions also (as afore hath bene touched) may be collected, and will follow vpon those reasons, which may be gathered vpon generall rules. And therefore the safest and most sound reasoning is drawne from the particular decisions of law, and not by the in [...]nit disputes and altercations (as Tullie calleth them) arising of generall rules. And where he saith, that If they be generallie vnderstood without li­mitation, they be false, how can he applie this anie waie to his purpose? Except happislie he will reason in this sort: There are some cases wherin they faile, Therfore they faile in this point also, which we now speake of: and then this is a Fallacie [...]. Also where he seconda­rilie answereth, that No Maxime in law is so infallible, but that it receiueth limitations and restrictions, he saith tru­lie, though to his purpose verie impertinentlie: except he could shew, that in this case, which we now haue in hand, it is so limited and restrained, as he would inforce. And yet by the waie it may please him to call to mind, that now he Inconstant dealing. condemneth that reasoning vpon generall rules As weake and without any sure settling, which so oft he himselfe in the first treatise hath vsed. Also in this place we may obserue a contradiction by him deliuered: where he saith, No rule A plaine contradi­ction. can be so generallie giuen, that receiueth not some limita­tions: which is (as he affirmeth) an infallible Maxime in law. For either this Maxime & generall rule must not be so infallible, but that it shall receiue some limitations, or else that other must be vntrue, that there is no generall rule, but it hath his limitations.

But he leaueth at the last these reasons of randon, for proofe onelie that generall rules may receiue limitati­ons, and taketh now vpon him to prooue, that these two rules then doo faile in déed and receiue limitation, when the cause of the prohibition is perpetuall. But his proofe here­of is nothing else but his owne assertion, without either law or interpre [...]or of law, which so dooth limit it. For in [Page 243] déed the law, which he here quoteth, and the glosse which al­ledgeth that law, saith nothing else but L. 35. si sti­pulor. ff. de verb. obliga. this, that If I take stipulation or bond of a man, to doo that which either na­ture forbiddeth to be done, or which the lawes doo forbid, so that there shall be a perpetuall cause of the said prohibiti­on, the bond is void. But how dooth this prooue, that the ge­nerall rules afore touched be limited and distinguished by this law, whereof it maketh no mention? Yet if we should admit it, can it be truelie said, that the lawes doo so forbid reteining vpon anie occasion or by anie meanes two be­nefices, that the cause of that prohibition shall be déemed to be perpetuall? Séeing the lawes themselues do directlie (as you haue heard) vpon sundrie occasions determine the contrarie. Neither yet dooth it follow, bicause a bond is void, which is taken against such a law which hath perpetu­all cause of prohibition, that therefore an indulgence and dispensation of like sort should be also void. For he will not denie (I hope) but that the reason, why malefactors ought to be punished is perpetuall, as not being of that nature which may be wholie abrogated: and yet in some speciall respects it is lawfull, euen In foro conscientiae for the prince to pardon their faults, and to release their punish­ment. For (I trust) our Abstractor is not of T. C. pag. 98. his opinion, which thinketh both that the law of Moses for capitall pu­nishments ought exactlie euen among vs to be obserued, and also T. C. pa. 100. that hir Maiestie ought not to pardon the life of anie, which God by the Iudiciall law giuen to the Iewes, did punish by death.

Now hauing by the examples of Murther, theft, and blasphemie, which haue a perpetuall cause of prohibition, shewed his meaning herein: he ariseth from these particu­lars to collect a generall Ab hypothesi ad thesin: that seeing None may take awaie or dispense with the reason of a law, being the life and soule of the law, therefore no man can dispense with the law, or take awaie the law. Which being spoken indefinitelie of a law, must needs be equiualent [Page 244] (as law dooth teach vs) vnto an vniuersall: and then both he shall be found to be contrarie to himselfe, hauing before Contrarie­tie. Pag. 113. deliuered, that In things depending vpon the meere dis­position of man, the magistrate may dispense: and also ve­rie absurd, in taking awaie all priuileges and exempti­ons from the generall rigor of sundrie lawes. Moreouer we are taught by law, that of L. non om­nium. ff. de legib. Abb. in c. si quando. Extr. de re­scriptis. manie lawes a reason can not be rendered, neither ought we too curiouslie to search after the reason of them. Whereby will follow vpon this mans words, that manie good & wholsome lawes doo want their life and soule. But if he will saie, he onlie meant such like lawes as he brought his examples of, which doo seeme immediatlie to flow from the law of nature: besides that it had baene méet, he should haue expressed herein his mea­ning plainlie, yet is the cōsecution of his argument faltie: for that it is not necessarie, whersoeuer anie of these laws, which are deriued immediatlie from the law of nature, are vpon anie circumstances dispensed withall, or taken a­waie, that it should be concluded therevpon, that The rea­son, the life, the soule of the law, which is the law of nature, is taken awaie. For though God, whose will is perfect iu­stice, and who prescribeth lawes to other and not to him­selfe, did appoint the children of Israël to rob the Aegypti­ans: yet this notwithstanding, the generall law against theft grounded vpon this reason and law of nature, That one man may not hurt or doo iniurie to another, was not after this time hereby taken awaie, or out of this case dis­pensed withall. Likewise, though Moses for the hardnesse of their harts did permit the children of Israël to put away their wiues vpon anie mistike, and to marie else where: yet was not the reason of the law of matrimonie, being rec­koned by ciuil law to be the first law of nature, cleane ta­ken awaie by this indulgence and dispensation giuen vn­to them. Yet the Abstractor vpon this false position, that None can dispense for pluralitie of benefices, but he that may dispense with the reasons, wherevpon pluralitie of be­nefices [Page 245] is forbidden, dooth ground as absurd a reason to prooue, that none can dispense with the reasons of such pro­hibition, as that is an vntrue assertion; in this maner: None can alter or dispense with the reasons forbidding pluralities, but he that can alter or dispense with the law of nature, and the law of God: But no man can alter or dis­pense An absurd reason. with the law of nature or with the law of God: Ther­fore none can alter or dispense with the reasons forbid­ding pluralities. Which argument I was content a little to helpe, and to frame in this forme, though he had made it much woorse, and in diuerse respects contrarie to rules of Logike. For he did put a part of the Medium in the conclu­sion, where he saith, Dispense with the reasons of either of them; to wit, the law of nature or law of God, which is the Medium of his syllogisme: & had put in also Quatuor termi­nos. For in the one proposition he nameth The equitie of the law of God, & in the other, onlie The law of God. The consecution of his Maior he prooueth hereby, Bicause the reasons which forbid pluralities are taken from the law of nature, and the equitie of the law of God. The one part of his Minor, that No man can alter or dispense with the law of God, he prooueth by this, Bicause the will of God is the onelie cause of the law of God, and his onelie will the rule of all iustice vnchangeablie. Now concerning the forme of his argument, it is verie absurd, & such as anie child of ten yéeres old being in the Unsuersities, can tell him to be Neither in mood nor figure, consisting wholie of negatiue propositions, and therefore dooth no more follow than this argument; No man is without sense, No stone is a man, Ergo No stone is without sense. And bicause the matter of this reason here by him deliuered, is one of his chéefest fortresses and bulworks of this treatise by him opposed a­gainst Pluralities (though I persuade my selfe, neither he nor anie other shall euer be able to frame a sound reason vpon these termes:) yet it shall not be amisse, a little to ex­amine also the pith of all these his last seuerall assertions, [Page 246] which he taketh as vndoubted truths.

And first, that None may dispense for pluralities, but such as may also dispense with the reasons that doo forbid them, may apparentlie be shewed to be false, by infinite positiue lawes: which may be changed, abrogated, or dis­pensed with, though the reasons wherevpon they were grounded, be not subiect to such alteration or qualification, but onelie then declared, vpon some circumstances neces­sarilie weighed, to cease, or not to haue place in such espe­ciall cases. Naturaliter obligamur ad antidora, we are euen by c. § consuluit. in l. sed & si lege. 25. ff. de petit. haered. nature bound to recompense one good turne with another. Xenoph. li. 1. Cyri. Sene­ca. li. 3. de be­neficijs. c. 6. In which respect amongst the Persians and Macedonians, there laie an action against him which should shew himselfe vnthankfull. Now considering that amongst vs, and the most nations in the world besides, such actions haue no place, but it is thought most conuenient to lcaue it to the verie shamefastnesse and good nature of him that hath rea­ped a benefit: yet it may not therfore be said, that we haue also taken awaie the generall reason, wherevpon this law of the Persians was grounded, being the verie instinct of nature. Herodot. li. 1 Amongst the Persians it was holden a dishonest thing for a man to spit; bicause it argued he gaue not him­selfe to actiuitie and laudable exercise of the bodie. But we may not herevpon argue, that amongst vs, where no such thing is noted, good exercise of the bodie is condemned. For the more greeuous punishment of droonkennesse, Pit­tacus Arist. in Polit. one of the seuen wise men of Greece made a lawe, that he which should beat any man being droonken, should be much more gréeuouslie punished, than if he had doone so being sober. Yet we which raise not the damages of a bat­terie in respect of the droonkennesse, cannot therefore be said to allow or to dispense with droonkennesse. Also for a notable reason drawne from the law of nature, whereby matrimonies are established, it was prouided in Greece, that he which was not married before he were fiue and twentie péeres old, should not be capable of any inheri­tance [Page 247] by discent. In the like respect whereof Plato. a diuine phi­losopher saith, that God would haue man to beget man, that thus there might be a continuall supplie made of those which should worship him. Neuerthelesse, those nations which in matters of matrimonie, doo yéeld a continuall freedome either to marrie or not to marrie, vpon good grounds; may not therfore be said to take vpon them to dispense with the reason of such lawes, as séemed heerein more néerelie to exact that which the law of nature in some sort dooth require. It is most agréeable to reason, to haue children bred vp in all kind of good learning euen in their tender yéeres: yet neuerthelesse we cannot Lagus. lib. 1. condemne Frederike the first, who thrughout all Tuscia did forbid, that in inferior schools nothing should be taught but Grammar and Musike, least otherwise the tender wits should be o­uerburdened at the first with matters of too great weight. And though vpon the reason and ground of the law of na­ture, yonger sonnes and daughters, as being both in like degrée with the eldest sonne vnto the parents, and more vnable than he to prouide for themselues, are to succeed their father in lands and goods by the course of the ciuill law, yet reteined in Germanie and manie other places, & sufficientlie confirmed by that reason of S. Paule, which we must néeds allow to be most concludent, If we be sons then are we heires: yet may not the course of the com­mon law of England, giuing by discent all the land vnto the eldest, as most fit for the entier conseruation of the fa­milie, and being the first fruits of his fathers strength, be accounted to impugne or dispense with the reason, whervp­on the other course is grounded: but onlie to be receiued as more fit for our common-weale, and therfore agreeable to the rule of iustice as well as the other. There is no man can dispense that it may be lawfull in generall, that a man need not paie that which he hath borrowed: yet particular­lie the ff. de S. C. Maccdo ff. de mincribus. ciuill law hath iustlie decreed, that the said reason hath no place in such, which being in their nonage, or being [Page 248] vnder gouernment of their father, doo borrow monie. Also L. patronus ff. de re. iudi­cata. the patrone, or maister, his father, or his children, if they be­come debtors to him whom he hath infranchised and made free, they cannot by such a freed man be sued to paie anie more of such debt, than conuenientlie they may paie, with­out their vtter vndooing. It were infinite to set downe those good and wholesome lawes, which being setled vpon the reasons drawne from the law of nature, are neuerthe­lesse vpon due consideration of circumstance restrained and abridged from their generall force, in women, yoong men, old men, soldiers, clearkes, scholers, husbandmen, artificers, and such like; which all to diuerse intents doo by the disposition of wholesome lawes, enioie priuileges, im­munities and exemptions: and Vide gl. in § sed naturalia instit. de iure naturali. yet the reasons of the said generall lawes are thereby neither impugned, altered, dispensed with, nor released. Whereby it is withall verie euident, that this reason of his dooth not follow: Bicause the reasons forbidding pluralities are taken from the law of nature, and of God; Therfore no man can dispense with the said reasons, but he that may dispense with those two laws. For séeing a law may be vpon circumstances dispen­sed with or altered, whereof the generall reason or ground is not touched: whie may not in like maner the reasons a­gainst pluralities be limited and restrained, though that law, wherevpon those reasons be grounded, be no waie im­peached? Which reasons against pluralities, how well they be grounded vpon the law of nature, shall also in his due place appeare. The first part of his Minor, That none may dispense with the law of God, if it be vnderstood, that such things as he hath perpetuallie and inuiolablie com­manded to be obserued, no man may by any authoritie o­mit; nor such as he hath likewise forbidden, by any man be put in practise: it is verie true and vndoubted. Yet it is as vndoubtedlie true on the other side, that manie hu­mane actions may without spot of impietie varie, and be otherwise ruled and directed in common-weales, than [Page 249] is reported by scripture in like cases to haue béene obser­ued. For Matth. 19. though from the beginning it were not so, wher­by is signified, that it swarued from the integritie of the law of God, and puritie of nature: yet did Christ partlie excuse the dispensation which Moses gaue to the Israelits for putting awaie their wiues vpon any mislike. In the Exod. 22. law of God, theft was but punished with restitution of two-fold or foure-fold, and Prouer. 6. séemeth to be much qualified, as not being so heinous a sinne in respect of adulterie: yet neuertheles our law, which punisheth the one by death, and the other too mildlie indéed, is not therefore by the word of God condemned. By the law of God confirmed againe by our sauiour Christ, all matter of controuersie was Deut. 17. Iohn. 8. or­dered according to the depositions of two or thrée witnes­ses: notwithstanding our trialls at the common law by twelue lawfull men, being like to Pedanei iudices in the ciuill law, and Pares curiae in the Feudall law, not alwaies lead by two witnesses, but sometimes by one, and some­times by none, but onelie by violent presumptions gathe­red vpon the words of the witnesses, are both tolerable and lawfull. Likewise, though three witnesses at the ciuill law doo directlie depose concerning a mans testament, yet if no more were present, the testament shall be ouer­throwne, and that with good conscience, where that law hath place: which requireth the seales of the testator, and of seauen witnesses. The like may be said of our inheri­tances, which descend onelie to the eldest in bloud, though the aforesaid reason of S. Paule being sound, dooth make all the sonnes heires, as before was touched. Concerning the other part of his Minor proposition, that None can al­ter or dispense with the law of nature, bicause all naturall things are immutable: I saie first, that by this vntrue translation of All naturall things, in steed of All lawes of nature, he hath disaduantaged greatlie his owne cause. For it is verie notorious, that not onelie all naturall things, euen the heauens themselues which doo were old as [Page 250] dooth a garment, are subiect to mutabilitie; but euen par­ticular nature, or (as the old schoolemen terme it) Natura naturata is inuerted and changed by manie casualites, as in production of monsters: and the naturall inclinations of manie are brideled, and almost wholie subdued by good education, ioined with the grace of God. Euen the hea­then philosopher Socrates confessed that he was by nature blockish and lecherous, as the Physiognomer had coniectu­red, which yet he had altered by Philosophie. But it is also requisite that we should, vpon particular discourse of sun­drie lawes of nature, consider how well the Abstractor dooth vnderstand this law, which he bringeth, to prooue the vnchangeablenesse of the law of nature. By the verie first law of nature, no man did seeke any further than to lead a priuate life, thinking it sufficient to prouide onelie for himselfe, his wife and his children, without anie care or thought taking, for anie publike or common-weale. This appeareth by Aristot. li. 1. Polit. c. 1. Aristotle, who concludeth the first and sim­plest societie and communitie by nature, within the straits of a mans owne familie. Of that time an ancient Lucretiue li. 5. poet speaking, saith thus:

Whereof the wise and famous poet Homer giueth also an example of a naturall course of life in the Cyclopes, where Odysi. 9. he saith (as he is translated verie well:)

Now, how farre we, and almost the sauagest Barbari­ans that liue vpon the face of the earth, are altered and changed from this solitarie priuate life, and are reduced to interteine the common-weale and publike benefit of our countrie, euen with hazard and losse of our owne life, and [Page 251] of all that is otherwise most deare vnto vs: we haue ex­perience by the dailie examples of valiant resolute men, and of good subiects in all ages. Which kind of prodigalitie, and profusion (if I may so terme it) of our owne bloud, and incolumitie in regard of the publike-weale of our countrie, is greatlie differing from that instict, whereby euerie man is naturallie lead by all meanes possible, to preserue himselfe from all bodilie dangers. Likewise the naturall bond and coniunction of man and L. 1. §. ius na­turale ff. de iustitia. woman by matrimonie, as Vlpian dooth terme it, hath beene subiect to changes, euen by the Matth. 19. appointment of the diuine law-gi­uer Moses: yea, and moreouer vpon the necessitie of the circumstances therein considerable (least that vnkind peo­ple should miserablie torment their wiues which they ha­ted) is not condemned simplie in Moses by our sauiour Christ. But if we will affirme, as humane writers doo teach, that the first and simplest times of nature had no certeine mariages, nor knew no children in certeintie, till people had drawne themselues into common societies one with another; and with Castrensis, that the coniuncti­on of man and woman is of the law of nature, the bond of matrimonie with one certeine woman of the law of nati­ons, and the solemnities about mariage to be of the posi­tiue law of euerie seuerall commonweale: then is the law of nature herein greatlie (though iustlie) changed and re­strained by the prohibitions of marriage in certeine de­grées of affinitie and consanguinitie first set Leuit. 18. downe a­mongst the people of God, and afterward by the light of reason, amongst most nations (though heathen) intertei­ned. Yea, if matrimonie be of the law of nature, then is the naturall libertie thereof verie much abridged, by such Instit. de nuptiji. § 1. wholesome ciuill lawes, which make it otherwise no mar­riage in those, who are vnder their fathers tuition, except their expresse assent be first obteined therevnto. Tull. li. 2. de natura deo­rum. l. libero­rum. 220. §. vlt. de ver. signific. Another branch of the law of nature, is that care of perpetuitie which is ingraffed in man: which bicause it cannot be at­teined [Page 252] vnto in himselfe onlie, he seeketh it naturallie, part­lie by consecrating vpon due desert, his name to immor­talitie, but much more by substituting (as it were) his chil­dren in his owne place: which may florish when he is in decaie, and in whome he may séeme being dead, in some sort as it were to liue againe. And yet it is not vnlawfull, no not in termes of diuinitie, for Matth. 19. 1. Cor. 7. a man that can con­teine, to lead a sole and a single life. And that this is a kind of naturall expectation in parents, as it were to were yoong and to liue againe in their children, it may hereby be gathered; bicause L. isti qui­dem §. vlt. ff. quod metus causa. diuers do much lesse estéeme their owne life, than the life of their children. And euen as by the dispu­tation of philosophers, and decision of lawyers it is found, that the Plutarc. in Theseo. ship wherein Theseus was carried into Candie to subdue the monstrous Minotaure, being for a memori­all of that act, so long kept by the Atheniens, that by conti­nuall repairing of it, no one planke or péece of timber was left, which it had in the time of Theseus; yet was L. propone­batur ff. de iudicijs. to be accompted the same ship: and as we are to be accompted the same people which we were two hundred yeares ago, though no one of that age doo now remaine: euen so by the continuall succession of our issue one after another, we séeme to be often borne againe, and thereby to enioy a kind of immortalitie. The next bud of the law of nature, is the defense & education of our children, both bicause of their weakenesse, which is such, that if we should but denie our helpe to anie other (though far more strange vnto vs than they are) being in like case, we should breake that Tull. li. 3. offic. law of nature, which commandeth man to doo good to man, e­uen in that respect that he is a man: and also bicause they are a part of our selues, to the propugnation and bringing vp of whome, we are taught by the liuelie examples euen of sundrie dumbe creatures. Li. 3. ca. 22. Birdes (saith Lactantius) al­most of all sorts haue a kind of coupling in mariage, and they defend their nests as their mariage beds; they loue their brood whereof they are certeine: and if ye put vnto [Page 253] them anie other than their owne, they driue them awaie. Beasts also, for the rearing vp of their yoong, will abide hunger and cold: and will not be afraid to endure grée­uous blowes and wounds in their defense, So that where Euripides saith, [...] Philustrat. lib. 2. c cap. [...]. Apol­lonius dooth iustlie reprehend him, in that he should haue better said, [...]: bicause not to men alone, but to all other liuing creatures, their issue is vnto them as deare as their owne life. Neuerthelesse, we see by dailie experience how much this care of parents ouer their chil­dren, not without good reason altereth and decaieth, when the children are of that strength and discretion, that they may well inough prouide for themselues. In which respect emancipation of children being growen to yeares, was also deuised. Another part of the law of nature consisteth partlie in the repelling of danger and iniurie from vs, and partlie also in the iust reuenge thereof. And although some interpretors of the ciuill law, being deceiued by the order set downe, doo attribute the repelling of force to the law of nations: yet Dist. 2. c. ius naturale. Gratian directlie dooth make it of the law of nature. It appeareth so to be by that which In proëmio. lib. 7. Plinie saith of beasts: There is none of them, but if violence be offered, he hath anger in him, and a mind impatient of iniurie, yea and a great forwardnesse to defend himselfe when you hurt him, [...]. And Pro Mi­lone. Tullie affirmeth this to be no written law which we haue learned, but which we haue drawne euen from nature it selfe. So dooth the L. 3. vt vins ff. de iust. law also decide this matter of repelling of iniurie and defense of our selues, agreablie to that which Lib. 1. offic. Tullie (else­where) to the same purpose noteth. Who in the same booke likewise affirmeth, that it is a chiefe office of iustice to hurt no man, except we be prouoked first by iniuries: and this reuenge of iniuries dependeth also and is strengthened by that law of nature, which willeth vs to yeeld to euerie man that which is his owne: which is done by benefiting the good, and punishing the bad; least impunitie should entise [Page 254] them and others to offend. And that this is naturall, we may gather by the like instinct in all beasts. For the which cause Plutarch. li. de profectu morum. Brasidas being bitten by the hand with a mouse, did obserue this, that there was no beast so little, which would not séeke to reuenge himselfe being prouoked: in which Lucreti. li. 5. respect it is said:

Yet notwithstanding, vpon iust occasions, men being wearie to become their owne reuengers, and not able to reteine a meane in reuengement, thought it best at last to runne to the remedie of lawes for the punishment of wrong and violence, as that poet in the same booke testifi­eth. Vpon which occasion, though the lawes doo still permit (according to the first law of nature) a iust defense of our selues, yet doo L. 1. C. vn­de vi. they inhibit all violence offensiue, and re­uenge of iniurie to be vsed by vs: for the which cause Bal­dus calleth that moderation of defense the triacle of those lawes, which doo permit the repelling of force and iniurie, with the like. Also that law of nature concerning the suc­cession of children in the goods and lands of their parents, being reckoned by Gratian, and reported to be a law of nature in sundrie places of the ciuill lawes, is no lesse than the rest encountred, changed, and abridged vpon di­uerse occasions by good and necessarie positiue lawes of seuerall nations. By the L. verbis le­gis. 120. ff. de ver. signifi. law of the Twelue rables (which continued for manie yeares togither) the fathers (without any cause) might disinherit their children. In England it is prouided, that the inheritance onelie shall discend vnto the eloest sonne; and yet may the father also by sundrie meanes cut off all his children and kindred from the inioy­eng of his lands and goods, if he be so hardlie disposed. Yea both by the ciuill law and common law, if the father doo commit treason, his children are deuested of his lands, and [Page 255] by the one of them made vncapable also, to take anie lands by discent from another. Another lawe of nature, which is reckoned by Gratian, is, the common dominion of all goods and lands, without anie distinction of proprie­tie to this or that man: by reason that the fruits of the earth in that searsitie of men in the beginning was in­nough, and more than sufficient for euerie one. But Grati­an seemeth to misname the matter something, where he af­firmeth the possession of things then to haue beene com­mon. Which as as it could not possibly be, so is it certeine that none without iniurie and breach of the lawe of nature, might inuade the possession of that, which another had first taken vp for his owne vse, so long as he would so imploie it. Except we will with Castrensis extend this cōmunitie onelie to vnmooueables, as land; and not to mooueables: bicause such did fall to his share onelie, which first did occu­pie them, as he is of opinion. Yet not long after, and euer since, as well vpon further increase of people in the world, as for the auoiding of contention, and for some punish­ment of such as otherwise by violence would haue liued idclie vpon other mens labours: it was thought meet by generall good liking of all nations, to bound out the domi­nions of euerie man in seuerall proprietie: which course, all the ciuill nations in the world at this daie doo inuiola­blie and lawfullie practise, notwithstanding the first law of nature were to the contrarie. The next lawe of nature to these, is, L. manumis­ones. ff. de iu­stitia. that libertie and freedome, wherein we are all borne, and whereby a man may do what he list, so long as he offendeth not. In which Iustit. de iu­re naturali §. ius autens gentium. respect the law saith, that bon­dage and seruitude is contrarie to the right and lawe of nature. Neuerthelesse it is verie notorious, how from time to time it hath beene vsuall, to keepe such in bondage for their punishment, who either themselues, or whose an­cestors had béene taken in warre, and saued from death, the danger whereof they had incurred: and it is yet a­mongst all nations (sauing in France) yea euen in manie [Page 256] places of England lawfullie reteined, without any disa­greement herein from good christianitie. Yea it is so farre off from iniustice to restraine and abridge that vnconsi­ned libertie, which the liberalitie of this law of nature had endowed vs withall, that it was more than necessarie to bridle and bound it within the lists of good and necessarie lawes and ordinances, as we see it is vsed at this daie in all well gouerned common-wealths. Another of those, which Gratian in the place before alledged reporteth to be of the law of nature, is this, that the proprietie and free vse of those things which liue in the aire, the land or sea, ought to be in him which shall happen to take them. Yet now we 14. Hen. 8. 1. Trespas. see, that it is not lawfull for vs to take the wild foules, which bréed in the reserued trées, though growing vpon that ground whereof we are leassees and farmers for the time. Also it is not lawfull for me to take such wild deare, as are found within mine owne land, being by due course of law once afforressed by the Queene. Againe, the sturgi­ons, whales, seales, & other fishes royall belong not by law vnto the taker of them, but vnto the Queene by hir High­nesse prerogatiue. Moreouer Tullie saith thus, If we will Paradox. 4. weigh things by the weights of nature, and exact them ac­cording to that rule of generall iustice, then those shall as much be blamed that doo but in mind, as those which doo in act offend. Yet the L. cogitati. ff. de paenis. law decideth, that no man is to be punished for thought onelie: and that an endeuour shall not hurt a man, when the matter attempted did not sort to any intended effect, except it be in those facts, which be most enormious and hainous crimes. Another law of na­ture there is, which bindeth vs to kéepe touch in all con­tracts and compacts, as to Dist. 1. c. 8. ius naturale. restore those things which of trust are recommended vnto our custodie, and such like. Which is grounded vpon these rules of nature, That we may hurt no man, That we must giue to euerie man his owne, That nothing is more agreeable to naturall equitie, than to keepe touch and performe what we promise, and [Page 257] That we L. nam hoc natura ff. de cond. indeb. cug [...]t not to be inriched with another mans de­triment. Which second rule In. l. 1. ff. de pactis. Accursius maketh to be also a bond of naturall equitie, though in that respect he be (in mine opinion) not iustlie reprehended by Castrensis and Iason. Yet it is easie to consider, how diuerslie the laws of sundrie nations haue altered and changed these rules and lawes of nature. For besides that both by the Ciuill, and the law of this land, a bare compact or promise dooth giue none action, bicause no man is hurt by such breach of pro­mise: the said lawes doo also suffer without punishment, that in contracts men may fréelie one circumuent & go be­yond another: but the Ciuill law restraineth it thus, so that he be not deceiued about halfe in halfe in the price. In which respect Seneca li. 2. de ira. cap. 27. & seq. Seneca wiselie saith: Who is he, which professeth himselfe innocent of all breach of lawes? Yet if it were so, what a slender integritie is this, to be onelie good accor­ding to lawe? For how much more is the rule of required duties larger than the rules of lawe? How manie more things dooth pietie, humanitie, liberalitie, iustice, and good meaning require of vs, which are out of the publike tables of law? Naie, we cannot possiblie conforme our selues to that most exact rule of innocencie. For we haue doone, we haue thought, we haue wished, we haue fauoured matters differing from it: and we are perhaps innocent in some things, onelie bicause it hath not fallen out according to our desire. Also by our owne law these rules of the right Doctor and student. cap. 51. of nature are manifoldlie crossed and altered. As if a man kill another with my sword, I shall léese my sword. If my horsse straie awaie, and I doo not heare of the proclamati­ons, whereby I may challenge him, I shall leese him with­out any default of mine after a yeare and a daie. If my ship make wrecke within a little of the land, and all liuing things there in perish, though within thrée houres after by the ebbing of the sea, all my goods may be come by vpon the drie land; yet I shall léese them, and they are all come to the hands of the Queene, or of hir Nighnes patentées: [Page 258] which in shew seemeth not onlie contrarie to the said rules of C. de nau­frag. l. 1. lib. 11. nature and rcason, but also to these principles, That a man ought not to ad affliction to the afflicted, nor punish a man doublie, though it were for an offense, nor to take awaie that which is a mans owne without either fact or fault of his. Therfore vpon the premisses we may conclude, that the Positiue lawes of sundrie nations doo not onelie take awaie and abridge the permission and fréedome, and thereby change the law of Arist. lib. 5. Ethic. cap. 7. nature in those things which of themselues conteine no difference of right or wrong, be­fore they be commanded (as to go ouer the wals of Rome;) but also that in manie other points the said law of nature is partlie released and inlarged, partlie abridged and re­streined, and partlie also changed and abrogated. For the Lius ciuile ff. de iustitia. law saith thus, The ciuill or positiue law is that, which neither wholie dooth receed from the law of nature or of nations, nor yet dooth wholie follow it: therfore when we ad or take from common right, then we make a peculiar or ciuil law. To our authors allegation (which is now euident how well he vnderstood it) touching The vnchangablenes of the law Gl. in ver­bo. sed natu­ralia. instit. de iure natu­rali. of nature, the glosse thervpō answereth, That the said paragraph speaketh of the law of nations, as may ap­peare by those words, Quae apud omnes gentes: & supra. eod. §. quòd verò naturalis. Yet he saith, It may be vnderstood of the primarie law of nature, from which the lawes that seeme contrarie, doo not derogate, though it be not obserued in those cases. For notwithstanding this, the law of nature re­maineth good and equall. To the like effect dooth In dict. §. Ange­lus answer, The law of nature in it selfe considered is al­waies good and equall, and in Abstracto is vniformelie in force, but in Concreto it may be changed in some point. Which confirmeth that disputation afore had, that a thing may be altered or dispensed withall, whose reason is no waie In abstracto thereby impeached. Another dooth answer to these things in another manner, saieng, That those things which are of necessitie of nature are not changed, but [Page 259] such as be by presumption in nature, as fiercenesse in a lion, gentlenesse and humanitie in a man, may be changed. A fourth man verie well learned dooth reconcile the matter thus: That the law of nature cannot by positiue ciuill law be broken with that violence, which the law of nations and positiue lawes doo iudge worthie of punishment: as by ma­king it lawfull, that one might hurt another either in déed or word.

Yet in my poore conceit none of these doo sufficientlie touch the point of the meaning of that rule, nor reconcile and meet with all the Instancies which haue beene & might be brought to the contrarie. Which hath giuen occasion to some) whom Li. 5. Ethic. cap. 7. Aristotle in that respect confuteth) to thinke, that there was no right in deed or law of nature at all, but onelie in opinion: bicause they did see naturall things to be among all nations alike; as, for fire euerie where to burne: but they perceiued, lawes were not in all places vniforme. In whose discourse against them, vpon those words where he saith, Truelie amongst vs, some of those lawes, that be naturallie ingraffed, are changeable, though not all of them, I doo gather for this purpose two kinds of the lawes of nature: one consisting in the distinction of right and iust things from those which are not right but vn­iust which is called A law euerlasting and vnchangeable: the other is that which is occupied and referred to the vtilitie and commoditie of men, which vpon circumstances of times, persons and places, without anie derogation to na­ture, may be altered and changed, as shall be thought expe­dient. The first respecteth an holie and vpright, the other a commodious life in vs. And out of the first doo flow those three naturall L. iustitia. 10. ff. de iusti­tia & iure. precepts, which without iniustice can not be broken, To liue honestlie, to hurt no man, and to giue e­uerie man his owne, deriued all from those heauenlie sin­cere rules of righteousnesse, Whatsoeuer you would that men should doo vnto you, that doo you vnto them: and [Page 260] doo not that to another man, which you woulde not haue him to doo to you. Which distination and reconciliation, though of all the other afore it seeme to me most apt, yet the instancies of the deodand, of the straie Superannated, & of the wrccke vpon the sea brought out of our common lawes, and the prescription and vse-winning after a cer­tcine time of anie moucable thing from the right owner by continuance of possession established by the Ciuill law, doo seeme to me not onelie to change and alter, but plaine­lie to thwart and contrarie euen that chiefe law of nature, consisting in the distinction of right and equitie: and so dooth the L. nam hoc natura. ff. de cond. indeb. law it selfe affirme of the last of these. Yet I know there is varietie of iudgements Gl. in c. ius naturale dist. 1. Bald. in L. ancill. C. de furto. Azo. in summa C. pro empto. An­gel. & Alex. in L. possessio. ff. de acqui­ren. possess. amongst inter­pretors, not onelie whether it be against the law of nature, or Ioan. Andr. Anch. Fran­cus in c. pos­sessor. de re­gul. iuris. onelie besides the equitie of it; but also whether the Ioan. Andr. ibidem. con­tra Cagnol. in l. iure na­ture. ff. de reg. iuris. common opinion of writers be the one way or the other. So that the safest answer, and wherevpon generallie we may best relie, is this, that there is a kind of Subalterna­tion (as the Logicians doo terme it) among the lawes of nature, whereby the superior and more generall may en­counter and preuaile against the more particular and infe­rior law of nature. And therefore this being the generall voice of nature confirmed by the word of God, That we are to obey the law of our countrie, where we dwell, proui­ded for the weale of the people in publike, L. vlt. §. vlt. C. de caducis tollendis. L. ita vulnera­tus. ff. ad leg. Aquiliam. (though per­haps against the profit and also right of some priuat men) according to that, Salus populi, suprema lex esto, (so that in the meane time they be not contrarie to Gods euerlasting will reuealed in the written word,) we may vpon this ground lawfullie allow both of these, and of other lawes of like sort: how far soeuer they seeme vnto some, to swarue from the law of nature in some respect, though in other re­gard, they stand grounded vpon diuerse sound reasons, de­riued euen from the said founteine of nature, yet perad­uenture not so neerely and immediatlie as those doo, which [Page 261] sound vnto the contrarie, Neither is this to be thought strange to men of skill & vnderstanding, that two viuerse principles of the law of nature, and of nations may be trulie drawen to establish contrarie things.

Hauing thus shewed (besides the absurd forme of that syllogisme, which is gathered vpon his discourse in this Se­ction, and consisting all of Nagatiues) the wants also and vntruths of both the propositions therof Ex super abundanti; I will now more brieflie examine the two other syllogis­mes, which he hath annexed therevnto. It is euident (I hope) by that which hath beene spoken, that the Maior of his first reason is vnture, where, vpon the perpetuitie of a cause or reason of any prohibition, he would ground a ne­cessarie continuance of that which is thervpon established. The Minor thereof is also vntrue, and to be examined in particular, when he commeth to the proofe of it. Also, That euerie law grounded vpon the reason of nature, and the e­quitie of the law of God is immutable, being his Maior of his second syllogisme, he would prooue by that which hath beene examined afore; to wit, That all naturall things are immutable. Which neither is of it selfe absolutelic true, but with that vnderstanding which I haue shewed; neither dooth the other follow of it, if this were simplie to be gran­ted, by any coherence of reason. For the ground-worke, and that which giueth strength to a thing, may be sure and vnchangeable, when as yet that which is built therevpon may be vnsure and subiect to mufabilities. Else we must needs establish a perpetuitie in all good lawes of man without any alteration, vpon what occasion soeuer, seeing they all (though many waies diuerse among themselues) doo take their foundation and reason from the immutable equitie of the law of God. His Minor of his latter reason, when he commeth to prooue it, shall likewise receiue (God willing) an answer.

8. Section. Pag. 116, 117.

IN the verie first front of this Section, wherein he vndertaketh the answer to the fallacies (as he calleth them) afore spoken of, he assumeth by his old warrant dormant, to take without proofe as granted (which is ve­rie vntrue and neuer can be proued) That pluralities are prohibited by the law of nature and by the law of God: and so vpon this his owne liberall vea­ling with himself, without any further proofe in this place, he denieth the Minor by him in waie of obiection set downe: which assumeth Pluralities to be forbidden by the law of man alone. So that if vpon the examination and o­uerthrow of his proofes brought to the contrarie, it may hereafter appeare, that none other law besides the law of man dooth forbid them; then will it follow by his owne grant of the Minor, which is, Whatsoeuer is prohibited by the law of man alone, by the same law may be licenced a­gaine, that dispensations for mo benefices may be gran­ted lawfullie: being the verie contradictorie of his chiefe position of this discourse. Where it is not also to be forgot­ten, that the said Maior, which here he suffereth to passe Inconstan­cie. without veniall, he venied (though foolishlie) afore, when he said, The said consequence was vnnecessarie and sophisti­call. Pag. 213. in fine. The rest of this Section brought for proofe, that Dis­pensations for pluralities doo ratifie monstruous things & against nature, (Which is the Minor of his second syloogis­me) he proueth principallie hereby, bicause the law against pluralities is the law of nature and of God, being the Mi­nor as yet to be proued of his former syllogisme. Which is the most childish kind of Circuition, & begging that which Childish fallacie. is in controuersie, that euer I haue heard the most foolish wrangling cauiller or Sophister at anie time vse in schooles, which wanted matter, and yet was to speake Ad [Page 263] clepsydram, and to talke out his taske. But if the lawe be monstrous, what dooth he make, or how dutifullie dooth he speake of those which passed and confirmed that act?

The proofe which in hand, that Priuileges and dispensations are bestowed, where some generall lawe is to the contrarie, is wholie needlesse. Yet the first is wrong quoted, bicause he alledgeth a Chapter in steed of the glosse vpon the Rubrike: and the second is not found at all whi­ther he sendeth vs, though by waie of argument it may be gathered out of that place.

9. Section. Pag. 118, 119, 120.

THat which he brought a little be­fore, to teach another to go, is here in be taught how to stand alone it selfe. For he would prooue, bicause The reasons of the prohibition of plura­lities are taken and drawne from the lawe of nature, and from the lawe of God, therefore pluralities are forbidden by the lawe of na­ture and by the law of God. Which consecution though it hang togither by no knot of reason, yet is it left by him without further helpe, and by none other meanes approoued vnto vs, but bicause he himselfe made it. But if euerie thing were to be said, either commanded or forbidden by the law of nature and of God, which hath for a reason and cause, whether néere or farre off, mediate or immediate, ei­ther the one or the other: then should all good and wholsome Positiue lawes of euerie nation vnder heauen, (all which doo issue primarilie from these sourses and fountaines) come vnder this rule, both to be vnchangeable, neither to be dispensed withall vpon any circumstance whatsoeuer, according to his owne collection: and also the lawes of na­ture and of God should be found to be diuerse and repug­nant to themselues in seuerall nations, and in some points also contrarie one to another: which is absurd and [Page 264] execrable once to be imagined: and therefore that absu [...]d and erronious, where vpon this is gathered. For as sun­drie and different Positiue lawes may be drawne from one principle of the law of nature, or of the law of nations, (called The secondarie law of nature) according to the lesse or greater proportion and measure of the influence of it into them, and yet all of them tolerable, and to be obeied by those, vnto whom respectiuelie they doo apperteine: so, much more (no doubt) may repugnant Positiue lawes be grounded and established vpon seuerall Principles and Maximes of the law of nature. As may be seene by the in­her it ance vpon discent after the order of Common law to the eldest, by Borough-english to the yoongest, and by Ga­uel-kind to all sonnes alike. Likewise by the losse of lands in the sonne for the fathers treason, by the course of the Common lawe, though the lands holden in Gauel-kind cannot be so forfeited. None of which lawes (though con­trarie one to another) but they haue both good and sound reasons, drawne from the lawe of God and of nature, wherevpon they are setled: and also may both lawfullie be reteined, and vpon iust occasion in like maner be abroga­ted or reuersed. Out of the Ciuill law this may serue for an example hereof, that although by reason it may séeme, that any thing is fullie prooued by two or thrée witnesses aboue all exceptions: yet vpon another reason, which is for the auoiding of all corrupt dealing in Testaments, being the last wish of the Testator, (and therefore most carefullie to be prouided for) it is by that law decided, that no ordina­rie Testament shall be effectuall, which is not signed with the Testators, and with seauen, or in some cases, at the least with fiue witnesses hands and seales. The reason of taking oths in iudgement is drawne from an ill cause, euen that corruption of nature wherevnto we are inclined (without some strict bond to the contrarie) to deliuer vntruthes, and to supplant our neighbours. Yet the oth is a part of the seruice of God, and necessarilie in all iudgements retei­ned [Page 265] for deciding of controuersies betwixt man and man. The reason and principall ground of forbidding women to procure and sollicite their freends causes being absent, in iudgement, was the vnshamefast importunitie of one Calphurnia: yet we may not hereof gather, that all wo­men, which are likewise forbidden and debarred from ap­pearing as attorneis for other, to be of like disposition vn­to hir.

And if lawes, grounded vpon reasons and principles of the law of nature and of nations, were thereby (as the Abstractor here gathereth) to be accompted of the like con­dition with the verie primarie lawes of nature and of na­tions themselues: then could it not fall out, that there might be diuerse principles and reasons of lawes about one matter, tending to contrarie ends: which yet happe­neth three maner of waies. First, when of diuerse prin­ciples and reasons some one, amongst the rest, notori­ouslie beareth the swaie. Therefore, though the fréedome of man from bondage and thraldome of slauerie, be ma­nie waies fauoured in all good lawes, as most agree­able vnto the lawe of nature, whereby we all are frée­borne: yet for auoiding of iniustice and iniurie among men, it is prouided, that a debtor maie not infran­thise and manumit his villaines, if thereby his creditors shall not find Assetz for their satisfaction. And the like to this is obserued, when as manie or more weightie reasons do swaie one waie, against fewer or meaner reasons of the other side. Secondarilie, this happeneth, when as one rea­son and principle is so counterpeised with another to the contrarie, that it cannot well be decided, whether of them ought to be of more moment. As when it was doubted, whether in fauour of libertie it were better to permit a yoong man, alreadie come to his owne guiding, to manu­mit his bondmen; or else to bind him from it, till he should atteine the setled ripenesse of xxv. yeares of age, required to other his alienations. It was by Iustinian prouided, [Page 266] Feriendo medium, bicause of inconuentences that appeared on both sides, that he might manumit them at the going into the xviij. yeare of his age. And this equalitie & indiffe­rencie of principles differing as it were euenlie among themselues, is that which bréedeth such great diuersitie of iudgements, and so manie controuersed opinions in law both In schooles and consistories; when men in ponde­ting and waieng of them are distracted into diuerse opini­ons thereabouts. Whereof rightlie to determine, is in truth the cheefest point of maturitie and discretion that may be wished, or can be had in a notable iudge. And yet herein it offentimes commeth to passe, that in respect of right and iustice, it is not greatlie materiall, whether the one reason or the other be allowed; bicause in regard of sundrie circumstances, reasons, and motions of a mans mind, the selfe-same thing may be diuerse waies, if not well determined of, yet at the least not vniustlie: which bi­cause vnskilfull men doo not vnderstand, thinking that vp­on euerie externall transmutation of anie matter, the in­ward propertie thereof is changed, and haue not learned to conceiue, that as in the sea it is not requisite, nor skil­leth greatlie to haue all men saile iust in one line, which go for one hauen or port: they doo therefore make great stirre about nothing, as some huge volumes of law (for want of consideration hereof vainelie written) may testifie. Third­lie when as the weight of these contrarie principles, about a matter, are neither such, that one of them may farre sur­mount the other; nor yet of such equalitie, but that the one shall something rebate and diminish the force of the other: whereby, that which directlie cannot be brought to passe, is by some circuition otherwise effected. As although no law of nature be to the contrarie, but I may freelie marrie hi [...] which was betrothed onelie in mariage vnto my brother, without solemnization or carnall knowledge; yet is this (in regard of a kind of externall publike honestie) not per­mitted by law positiue. And though reason would that a [Page 267] man should not be damnified by anie contract, wherevnto he is inueigled by guile and mal-engine, neuertheles it is thought necessarie, that he should first by sentence haue his intire restitution vnto that condition, which he was in before his circumention. And further, vpon due considera­tion of circumstances, euen the principles and reasons that be generall, doo often yeeld and giue place to those which be but singular, ordinarie to extraordinarie, inter­nall to externall; yea, and naturall to such as be but ciuill and positiue, though by ordinarie course it be cleane con­trarie. Which due pondering of circumstances is of such force, that it interpreteth offentimes the generalitie of some lawes of God, and declareth in some especiall cases the reasons of them to cease, though they themselues in ge­neralitie or in Abstracto (as others do speake) are immuta­ble. For though the law of God be generall, that he which sheddeth mans blood, his blood shall be shed by man; & that we should doo no murther: yet is not the magistrate or exe­cutioner of iustice vpon malefactors, nor they which in their owne iust and necessarie defense, or by chance-med­lie and misaduenture doo happen to kill another, guiltie of the breach hereof, or to be punished with penaltie of death. And therefore vpon these and such like circumstances, God himselfe did dispense with their life, and appointed vnto them certeine cities of refuge, as sanctuaries to flie vnto for their safegard. So did he by Moses his seruant dispense for the hardnes of their harts with the law of th [...]indissolu­ble knot of mariage. And though by the law of God and of nations, all contrectation of another mans goods without the owners consent be theft: yet is this matter so qualifi­ed and abridged (not vnlawfullie) with vs in England, that an apprentice or seruant, which carieth and imbezeleth a­waie his maisters goods and wares remaining in his cu­stodie, and vnder a certeine value, shall not be holden as a theefe, or punished as a fellon. And it is euident, that ex­ceptions doo abridge and limit the generalitie of rules, the [Page 268] common law of the land dooth restraine and interpret the Maximes in that law, and the statutes and acts of parle­ment doo cut off the common law. But let vs passe from those things, which in generalitie being forbidden, haue yet their exceptions, and vpon the concurrence of some circumstances, are exempted from the reasons and gene­ralitie of such lawes. Touching his Antecedent, which is; that The reasons of prohibiting pluralities, are drawne from the law of nature and of God: which hereby he proo­ueth, bicause they were forbidden For auoiding of coue­tousnesse, ambition, theft, murther of soules, dissolution, and for reteining of comlinesse and decencie in the church, it hath béene partlie spoken vnto, in the beginning of the examination of this treatise. Further, it is to be remem­bred, that if these inconueniences doo but [...], and for the most part follow the enioyeng of mo benefices by one man; or be but Causae [...], or impulsiue vn­to that prohibition for the surer auoiding of such danger: then cannot anie sound reason be grounded vpon them, to prohibit mo benefices to be reteined by one man: both bi­cause a good man may vse that thing well, which might be an occasion of sliding vnto some other, not so well staied: and also, for that the law may remaine, where the impul­siue cause thereof ceaseth; and of the contrarie such cause may be of force, when the law is abrogated. But if he will make them necessarie & actuall effects, arising as of a for­mall or efficient cause, from the reteining of mo benefices, and presume necessarilie that all these must needs possesse him that inioyeth them: then should this fall out to be so, either by reason of the quantitie of the stipend & liuelihood arising of them, by the quantitie of ground and content of both the parishes, by the number of the parishioners of both, or by the diuiding of the auditorie, whome at seuerall times the minister is to instruct. If the quantitie of the li­uing and reuenue doo so necessarilie inf [...]ct a man with these vices and enormities; then should he haue set downe [Page 269] what ought to be the iust measure and standard of euerie ministers yéerelie reuenue, which he may not come short of, least he want sufficiencie of maintenance: nor anie waie passe or exceed, least he fall of necessitie into these damnable vices. But if there be such a tax, what may be said then of such, as albeit they haue two benefices, are yet far vnder a mediocritie: and which if they might haue six mo, of such liuings as they haue, should not yet reach vn­to the value of some one benefice? Shall we saie, he which hath but one such great one, is free from this danger; and he which hath two, though neuer so little ones, shall be caught with ambition for aspiring to such an high honor, and be touched with couetousnes by the great temptation of such notable reuenues, as peraduenture will not make his pot séeth twise in a weeke? Naie if these sins must ne­cessarilie take hold of him, that hath euen two of the fat­test in England, by reason of the quantitie of the reuenue of them: and if the rest of his reasons be also in this point good and effectuall, then shall the like stint of liuing, in all men, as well laie as ecclesiasticall, be simplie condemned, as being against the law of God and of nature, for feare of necessarie staining of them with ambition, couetous­nes, theft, murder, dissolutenesse, & breach of order. But if the quantitie of ground, or number of the parishioners to be instructed be the efficient or formall cause of producing necessarilie such foule effects: then should he likewise haue cast out his modell of ground, and proportion of euerie flocke, which may not be exceeded: and should haue shewed vs, how farre the large parishes which we haue in sundrie places, ought to be shred off, lopped, pared, and therby redu­ced to the Comelines and decencie which he fansieth. And also how this deuise may stand with theirs and his owne platforme, which would haue diuerse parishes vnited into one. And likewise, why one may not haue two parishes by the name of two, as some (by law therevnto allowed) haue at this time: as well as by the new guise and deuise, [Page 270] to allow the same man three or foure parishes in déed, but vnited together and called but one. For the Abstra­ctor maketh no difference in this treatise, whether the be­nefices doo ioine together, or be disioined by anie distance, for he indefinitlie dooth condemne the hauing of mo bene­fices than one, howsoeuer they be situat. And herevpon it would follow that it is more méet, that all the parishioners (though in the foule and short daies of winter, how old and crasie soeuer they be) of thrée or foure parishes, as they be now distinguished, should take the paines to assemble themsolues into one place to heare their minister, rather than he should come vnto them, and teach them at home in their parish churches, as they now doo lie in seueraltie. But if the diuiding of his auditorie, and teaching them at sun­drie times, be the verie efficient or formall cause of this heape of enormities, and the onelie thing which misliketh him: then truelie (besides that it can not be proued or yet imagined, how the diuision of a mans auditorie should make the minister guiltie of such crimes) he must also like­wise condemne those which doo teach and instruct seuerall families at home and apart, from the rest of the bodie of that congregation. Also we must hereby disallow all chap­pels of ease whersoeuer, some of which (as I haue crediblie heard) are in some places 6. 7. or eight miles distant from their parish church. And by the like reason, if all diuiding of a mans auditorie be so vnlawfull, it will follow that the minister is much to be blamed, which teacheth not all his parish at one time, though in deed necessarie occasions of businesse falling out doo draw sometimes one, and some­times another into other places abroad, and doo deteine those which be seruants verie often at home, whereby it is not possible to teach them all at once. And therefore we may conclude safelie, that the hauing of mo benefices dooth not formallie or efficientlie infer anie of those faults which the Abstractor, by the misvnderstanding of the ca­non law, would needs inforce: and that therevpon the An­tecedent [Page 271] of his reason is to be denied. And yet further, these reasons taken (as he saith) from the law of God, wher­vpon the prohibition of pluralities is grounded, and those second causes of one mans enioieng the stipends of many, of his vnabilitie to discharge manie charges, of the hinde­rance of other from dooing good in the church, being causes (as he affirmeth vntrulie) of nature, are not simplie and absolutelie alledged by the law (as may appeare by the dis­course afore) as things incident to any enioieng of mo be­nefices: but onelie then, when as the partie which so retei­neth them, is not qualified sufficientlic, nor dispensed with therevnto, according as law requireth. And therefore his collection is a fond Paralogisme [...], by taking that as simplie and indistinctlie spoken, which is li­mited and restreined onelie vnto certeine offenders of law in that behalfe. And he might with as great probabi­litie gather, bicause coining is by law forbidden as high treason, that those who by authoritie are therevnto appoin­ted, doo breake that law. Or bicause such who seise into their hands fellons goods, or wreckes happening in their lord­ships, are vniust men, and punishable for taking that, which belongeth onelie to hir Maiestie: that those there­fore are also wrong-dooers, who enioy the same by speciall grant or priuilege from hir Highnesse or hir predecessors, in reward of theirs or their predecessors good seruice. But the Abstractor in effect here confesseth, that all these great crimes in the canon law, were but obiected against such as reteined mo Benefices without dispensation: and ther­fore by the perfection that is required in vs, he would threap kindnesse of vs, that for vs to enioy more than one benefice by dispensation, is To defend all those horrible sins and impieties as tolerable by dispensation. In which respect he asketh vainelie, whether A dispensation from a Pope, or an Archbishop, can make theft no theft? &c. Wherein though it please him to ioine (in the poisoned can­kerdnesse of his malicious stomach) the pope and the Arch­bishop [Page 272] together, who is (I dare sate) as far (and that is far inough) from poperie, as the pope himselfe, either yet the Abstractor are from christian modestie and charitie. Yet if he had but common sense (which now is drowned in ma­lice) he might haue remembred, that a dispensation dooth not make a thing which is simplie vnlawfull, to be thereby lawfull; but declareth the rigor of some generall positiue law weied with all particular circumstances, and the rea­son thereof vpon especiall grounds (considerable in that case and at that time) to cease, or else worthie to be relea­sed, and to leese his force, as being in such a case without the meaning of the law. And yet it is shewed afore, that the enormities which he speaketh of, are not by law attri­buted to the hauing of mo benefices simplie, but when they are enioted contrarie to law: nor euen then as effects necessarilie proceeding from pluralities, as from an effici­ent or formall cause, but as faults which may be presumed to possesse those men, which will be their owne caruers and iudges, for the inuading of manie benefices, without au­thoritie. Yea, and if dispensation for pluralitie were such, as being strictlie so called, dooth release the rigor and extre­mitie of the law positiue vpon fauor onlie, and not for iust causes or equitie: yet might the Arg. l. sed e [...]s [...] lege §. contulit ff. de petit. haered. l. 1. §. & ma­gis. verb. pro­deg. ff. si quid in fraud. pat. l. quia autem §. 1. ff quae in fraudē cred. iuncta. l. 1. ff. de constit. princip. prince, or those to whom the law hath committed such full authoritie, as in diuerse cases besides, with a good conscience dispense in it, euen as well as they may giue away their owne goods, seeing this law is vndoubtedlie meerelie positiue. Like as the prince may without offense to God, pardon (after the fault com­mitted) the life of a traitor or fellon vpon méere grace and bountie, bicause the penaltie discendeth from law positiue, though he can not dispense without sinne to God, that in time to come, a man may commit treason or fellonie, bi­cause they are forbidden by the law of God. And such par­don he may lawfullie grant (euen without anie cause) to one, and denie to another, as fréelie as he may create knights, endenize, ff. & C. de natal. restit. & in Auth. quibus modi [...] natur. effici­antur [...] legi­timi. legitimate, and restore to blood whom [Page 273] he thinketh good, and refuse to impart the like grace and fa­uor to other. And this, if it be for a matter past, is by some termed an Indulgence or pardon; if for a benefit to come, a Dispensation; & for a present plesure or gratification, is called a Priuilege. There may be also good reason of gran­ting these, when as for some considerations it is profitable to grant such exemptions, besides the generall ordinarie course and reason of the law. For it may so fall out, that the sauing of some condenmed mans life, or granting of some immunitie, may no lesse benefit the common-weale than to keepe a rigorous hand vpon the obseruation of the strict points of the generall law may doo harme. For [...] must be seasoned and swéetened with [...], and the exact rigor of law must sometimes be moderated with with least it degenerat into inturie and tyrannie. For it is sure that as no generall rule or definition can be giuen in law, which in application to particular matters, shall not faile and be limited with his exceptions: so can there no generall rule of right or law be framed, which in application to all times, places & persons (whō it may con­cerne) shall not necessarilie require some priuileges, exem­ptions, dispensations, and immunities, either in regard of their excellencie & well deseruing; or in respect of their im­becillitie & weakenes, or some such like circumstance or o­ther. In which respect we are also taught by Aristotle, and o­ther wise philosophers & Politicians, that in all lawes & ad­ministration of iustice; we are partlie to obserue proporti­on Arythmeticall, consisting in recompensing an equall thing with his equall, which is a rule in trades, negotiation & traffike betwixt man & man: & partlie the proportion Ge­ometricall, which is conuersant in distribution of honors or rewards, & in inflicting of punishments, and therfore yeel­deth foorth an inequalitie in both, according as the persons deserts are different and vnequall. Whereby also we sée a common soldiors reward to be lesse than the Lieutenants or Generals, & a Noblemans death not to be so rigorouslic [Page 274] executed, as the common sort iustlie are put vnto. And this strict and proper acception of a dispensation, which is by re­leasing and exempting of a man vpon fauor, clemencie, or mercie onelie, from the seueritie of the law, the bond thereof still remaining, is called A dispensation of grace, and may vpon méere bountie of him that is so authorised, be granted to some, and denied to other some, as it shall please him (euen without further cause) so long as the law is but méere positiue. But it hath no place at all in the first Dist. 5. in princip. §. & naturalia. iust. de iure n [...]tur. principles of the law of nature, nor in the comman­dements of the Decalog, necessarilie and immediatlie Rom. 1. deriued from the rules of the light of nature. Which thing bicause the pope most insolentlie tooke vpon him to doo, he is therefore iustlie by all which doo aright feare God, abhorred as Antichrist, which in the Luciferian pride of his hart, hath hereby climed into the throne of God, and dooth arrogate to himselfe to loose the consciences of those whom God hath tied by his law, and to bind that (as by a diuine law) which God himselfe hath set at libertie, which Bernard. li. 3. de conside­rat. ad Euge­nium. Ber­nard calleth a dissipation rather than a dispensatiō. Which dispensations of his, though some schoolemen, and of our late more manerlie papists doo otherwise qualifie in words, and partlie denie such matters which he hath dis­pensed with, to be of the law of nature, when as neuerthe­lesse no colour can be laied, but that they are of the prohi­bitiue morall law of God: yet his parasites the canonists, who both knew his mind, and his practise herein suffici­entlie well, and were neuer (that I could read) found fault with for their ouer broad speeches about this matter, doo fullie declare what blasphemous authoritie he challenged. They saie that the law Abb. ca. fin. Ext. de con­suetud. of nature vpon cause may be ta­ken awaie: Abb. c. non est Ext. de voto. that the pope vpon cause may dispense with the law of God; & Lud. Goza. cons. 51. Ignorance of the Ab­stractor. that the dispensing with the law of God is proper to the Bishop of Rome. Yet the Abstractor she­weth here his great skill, when he pretendeth that the cano­nists & popes chapleins doo attribute vnto him authoritie [Page 275] to dispense in such matters, by reason of Merum imperium, a souereigne & supreme power in him, which indeed is no­thing but Ius gladij, the power ouer the life of men, which the ordinances of France doo call Haute iustice. There is ano­ther kind of Dispensation called of Iustice: which is, when vpon some especiall circumstances, the reason and rigor of the generall law is by him which hath authoritie, decla­red in some case to cease, and the strictnesse of the words of the law therein not to bind or to haue place, and that for a­uoiding of iniurie and inconuenience. And this is also an allaie of extremitie of law by an equitie, which afore I spake of, and which the magistrate in iustice cannot denie; and is in that respect called A dispensation of iustice, as it were an interpretation or declaration of the true meaning of the law Iuxta aequum & bonum. For a Thom. 2. 2. q. 88. art. 10. lawe is establi­shed with regard to that which for the most part is good: and bicause it happeneth in some cases not to be good, it was méet there should be some to declare and determine, that in such a case it was not of necessitie to be kept. Likewise in this sense of dispensation, the same author as he is Dom. Sotus de iust. & iu­re. li. 1. q. 7. art. 3. al­ledged, dooth define that it is, Commensuratio communis ad sin­gula, an admesurement or attemperance of a generall vn­to his particular or singular circumstances, or as some doo read it, an attemperance of reason. For he rightlie may be said L sin. C. de legib. c. cum venissent. Ext. de iudi­cijs. to interpret law, which declareth whether the mat­ter in hand is included in the said law or no. An example hereof, where Gods law is in this sort interpreted and de­clared not to haue place, euen by the positiue lawes of men, may be taken from the commandement of God, that we shall no [...] kill: which is truelie declared not to haue L. vt vim. ff. de iust. & iure. place, where in necessarie defense of our selues, we are dri­uen to kill, rather than be killed vniustlie. In the lawe of nature, the generall and most vsuall reason requireth, that vpon request made, I should redeliuer that which in trust you haue recommended to my custodie: yet some most iust reasons and considerations may L. bona fides ff depositi. Plato li. 1. Polit. fall out, why this should [Page 276] be denied at some time. And therefore Offic. li. 3. Tullie speaking hereof saith, that Manie things which naturallie are honest, vpon some occasions are vnhonest. In most countries they haue a positiue law, that a man should not carrie out of the realme any monie, armour, or weapons: yet such oc­casions & vrgent causes may happen, that in iustice a man may not be denied to doo this, whom the prince will haue to trauell into some dangerous countrie. And of this sort of dispensations (or declarations of the meaning of law) or mixt of them both, are all such, which the Archbishop of Canturburie by act of parlement is authorized to passe, as may appeare, in that he is limited onlie to those dispensati­ons, which be not against the word of God or lawes of the land, and for the most part also to those which vsuallie haue bene granted: and in that, the qualities of the persons also, to whom in some cases he is to grant it, are expressed: and lastlie, bicause if he doo denie to dispense with him which is qualified therevnto, and hath need of a dispensation, with­out a sufficient cause, and doo so persist; this authoritie may be deriued by that act of parlement vnto others. So that we sée, in effect he is onlie made a iudge herein, to examine and wey the inward qualities and sufficiencie of the suter for the dispensation, whom if he find fit, and a good cause in equitie to warrant it, he cannot in iustice put him off, but must grant the dispensation vnto him. And that none of such dispensations, faculties, or immunities, which are v­suallie passed according to law by the Archbishop of Can­turburie, are of that sort, which be either by the law of God forbidden, or yet such as may not haue a necessarie vse, so that without manie inconueniences they cannot wholie be abolished, may appeare to the wise, who can consider of their seuerall vses vpon rehearsall onelie of them: and shall be defended (God willing) by learning and sound reason so to be, against the other sort, which are factuoustie bent against them. As a benefice In commendam to a Bi­shop, who hath a slender maintenance by his Bishoprike, a [Page 277] trialitie for a prebend or dignitie, being no cure of soules by statute with two benefices hauing cure of soules; or a pluralitie for two such benefices, to such as excell the com­mon sort in Gods good gifts. For take awaie inequalitie or reward, and no place will be lest to indeuour for any ex­cellencie in learning of one aboue another, in verie short time. A legitimation of him to be preferred to holie o [...] ­ders, who was borne out of lawfull matrimonie, or before espousals; or for a man to succeed his father in a bene­fice, either in respect of the great and excellent gifts in them, or vpon some other weightie considerations. A dispensation for one aboue eightéene, and not xxiij. to reteine a prebend being without cure of soules, though he cannot be assumed to be a deacon. A dispensation for some notable man emploied in hir Maiesties seruice at home or abroad, to reteine for his better maintenance, a dignitie ecclesiasticall, or a prebend of like nature, without his residence in that church, or entring into orders, which is not fit to be made generall to all, which haue not like occasions. The dispensation for non residence is verie sil­dome or neuer granted: yet the recouerie of a mans health, mortall enmitie of some in his parish against him, emploiment in some necessarie scruice or publike calling, being of as great or greatèr vtilitie to the church and com­mon-wealth, may be sufficient inducements in equitie to grant it, for a time. The dispensation of Perinde valere may haue a necessarie vse, where no right is growne to ano­ther person, for a man that hath incurred ecclesiasticall censures, or is made vncapable by law, [...]ither to reteine or receine an ecclesiasticall benefice, as by misaduenture oc­casioning the death of a man, violating the interdiction, suspension, or excommunication of the church vnaduised­lie, or by succéeding his father in a benefice, and such like a number. In like maner manie necessarie occasions may happen, whie a man should be licènced to be ordeined at some other Bishops hands, than where he either dwelleth [Page 278] or was borne, or to be ordered deacon and minister both at one time, or to solemnize matrimonie, though the banes haue not béene thrise publikelie asked in the church, or to eat flesh on daies appointed by politike constitutions for fish daies, or to abolish the infamie or irregularitie of some profitable man in the church, growne by law against him, vpon ignorance, simplicitie, or want of due considera­tion, without wilfull contempt. Besides this, the statute of 25. H. 8. dooth not alone endow the Archbishop with dis­pensing, but to grant rescripts in diuerse néedfull cases: namelie, for creation of publike notaries, and to grant tu­itories for the lawfull and indifferent hearing of such, as are by iniurie (vpon some great displeasure conceiued) too rigorouslie and violentlie handled and sought, by an infe­riour Ordinarie. But it may perhaps be said, that if to ground such a Dispensation of iustice, a iust cause be requi­red; then the reason of the lawe in that case ceaseth, and thereby, the law also ceaseth therein, so that a dispensation is not néedfull. To which I answer, that albeit the reason of the law doo cease and take no place in that particular acti­on, yet in so much that the reason ceaseth not in generall, nor in most vsuall actions, Cle. ad nostr. de heret. c. & si Christus, Ext. de iure­iurando. therefore the lawe cannot be said to cease, but must haue some (for auoiding of inconue­nience) to declare such particular cases to be out of the ge­nerall reason and meaning of the lawe, which in other points shall remaine in his profitable force still. For such lawes as haue a continuall reason, and whose end is com­mon and vniuerfall, doo not cease, though in some speciall case, their intended end dooth not hold. And therefore, though fasts are commanded for the bridling of our vnta­med flesh, yet Cle. ad nostr. d. Thom. quod l. 19. ar. 15. such also in whome this reason holdeth not, shall be tied by the generalitie of this lawe, till a magi­strate therevnto authorized, shall declare him to be out of the reason and reach of this law. But it is Io. a Medi­ [...]a de con­ [...]ract. q. 14. not so in those lawes, whose reason is but directed to some particular end onelie, as is the law of brotherlie correction, which alonelie [Page 279] tending to his reformation, dooth wholie cease (without any further dispensation) where no amendement can be hoped for, and the partie is become vncorrigible. So that to his question I answer, that no earthlie authoritie what­soeuer, may or can by Dispensation or otherwise, make that which is theft, no theft, or dispense with any other lawe of God, or primarie law of nature, in such sort; as that they should loose, which he hath bound: bicause the law of God conteineth those Thom. 1. 2. q 100. ar [...]. 8. things which are determined by GOD himselfe, not onelie in a generall forme of iustice, but al­so in particular actions, and therefore can be, by none dis­pensed with by relaxation of the bond thereof, but onclie by himselfe. And yet those c. maiores. Ext. de bap­tismo c. per venerabilem Ext. qui fi [...] sunt legit. that be in authoritie, may de­clare and interpret the law of God and of nature. As that law of God & of nature, which saith, Thou shalt not stealc, is and lawfullie may be, by godlie positiue lawes declared not Si quis prop. necessitatem, Ext. de furtis. to reach or extend vnto him, which being compelled by extreame hunger, dooth take awaie another mans goods onelie to eat, and to preserue his life thereby. These things I haue made bold vpon presumed patience thus to en­large, for the better euidence of the Abstractors great ma­lice, but slender skill: and to giue light both to that which hath béene afore spoken, and to that also which vpon sun­drie occasions is yet to be deliuered, as being loth often to be forced to speake of one matter, not opened afore­hand. But now he telleth vs Of a law of Antichrist, which Christians must impugne by mainteining the lawe of Undutic̄u [...] and vnreue­rend spea­ches. Christ against it. If he speake thus (as it must needs be ta­ken) of that lawe, which in some cases alloweth a man to reteine mo benefices, which in this treatise he séeketh to prooue an Vnlawfull law, and here (as it seemeth) calleth the law of Antichrist: trulie for hir Maiesties sake, and the whole parlement which reuiued it, being first made in the daies of that renowmed Prince king Henrie, after he had abandoned the vsurped Komish power, & afterward prac­tised in the reigne of the vertuous king Edward: it might [Page 280] haue pleased him to haue given it a more mild and a bet­ter terme. But these tempestuous and furious melancho­like spirits, whome Gualter calleth the Donatists of our time, doo esteeme no benefits receiued at hir Maiesties hands worth gramercie, (seeing they thus make hir High­nesse lawes the Lawes of antichrist) onelie bicause they cannot be suffered to establish a souereigne and popelike church-gouernment in euerie parish, which may tyrannize ouer the Prince hir selfe, without controllement. The pla­ces which he here quoteth apart, as though they serued to the confirmation of the seuerall parts of his talke, doo in­déed tend all one waie, to shew the lawlesse and vnboun­ded authoritie, which is challenged by the pope. Which spéeches, though it be true that by some canonists they are at­tributed vnto him; yet none of these thrée glosses doo speake expreslie either of his Absolute power on earth, or of ma­king somthing of nothing, or of finne to be no finne. Ther­fore this is a sinne (as the old prouerbe saith) thus to lie of the diuell, or of his eldest sonne the pope. Yea, the last of the three, rather restreineth that authoritie which the other doo attribute vnto him, and setteth downe; that In vowes he is said not to dispense, but to declare and interpret: bi­cause it is thus commanded by scripture, Vow and per­forme your vowes to God. The second place is wrong quoted, for it ought to haue beene: Glossa in verbo fiat c. lector dist. 34. That which is here vnto annexed, That a priuilege or priuate law must haue all the properties of a generall law, and that a dispensation is but a fiction in law, is least by him as void of proofe, as it is of it selfe void of truth: for it is not possible that euerie priuilege or Dispensation of grace onelie, should tend to the benefit of the whole com­mon-wealth, Thom. 1. 2. q. 97. art. 3. & 10. And in c. de multa Ext. de preb. though a Dispensation of iustice may in some sort so tend: or if it be But a fiction of law, that it shuld haue those adiunds and qualities which are required in a publike law. And Rebuff. in. 61 de dispens. ad p [...]ra benefi. Rebuff. whence indeed he borrowed it, dooth not saie, that the dispensation is a Fiction of law, but [Page 281] that He which vpon cause is dispensed with, shall be repu­ted in law as able, lawfull and fit, by fiction of law, by rea­son of his dispensation. And it is sufficient sometimes to establish a priuilege or dispensation, if an inconuenience be but thereby c. non potest in fide praeb. in. 6. auoided, which otherwise would happen, and so if it profit but a verie little, it shall be susteined. The law which he bringeth out of the L. liberos Cod. de colla­tionibus. Code, to prooue that It is all one in effect to enioy a benefit by priuilege or by com­mon right, prooueth nothing directlie, but that such chil­dren, whom the prince hath set frée from their fathers pow­er, shall not be admitted to enioy their parts in their fa­thers substance, without this collation or putting as it were so much amongst them all of their owne goods in hotch pot, as they are seuerallie to receiue of their fathers: eue [...] as well as those children must doo, which were not so emancipate, but by their father himselfe. The reason of which decision is, lest the princes fauour and grace in frée­ing some from their fathers power, should be drawne and extended to the iniurie and damage of others. And it might haue better beene brought in argument, to prooue that he which enioyeth a benefice by dispensation, as to the effect of obseruing publike lawes (incident to be practised in his ministerie) is no more free than others. Yet I will admit, that by waie of argument it may also prooue the ef­fect of that, which is done by priuilege, and of that which is done by common right sometime to be alike: but hereof or by the former, it will not follow, that a priuilege or dis­pensation must haue all the necessarie adiuncts of a gene­rall law, which is his purpose. And it is woorth the obser­uing, that bicause Rebuff. hath an allegation out of Deci­us, immediatlie following the place by him alledged, he quoted therefore in his margine Dec. l. liberos, as though it were the tenth law of that title. Neither is it true that e­uerie publike law must necessarie Tend to the honour of God, and to the peace and safetie of the realme: for there are manie lawes, which are referred and doo tend to the be­nefit [Page 282] and profit of the common-weale, as for assise of bread and ale and other victuals, for currieng of leather, and true making of clothes, &c: which are not referred either to the aduancement of the honor of God, or safetie of the realme, otherwise than as all particular lawfull actions, whatsoe­uer of any man, may be referred to them.

10. Section. Pag. 120. 121, 122, 123, 124.

HEre this man full of singulari­tie, yet but a single soled singular man, will shew (if he can) how Plura­litie men do beguile themselues with an euident and palpable fallacie, in handling whereof he moileth and la­boureth, to roll vp Sisyphus stone, which still tumbleth downe vpon himselfe againe: and like him whome the old Satyre would not diuell with, he bloweth both hot and cold, affirming that which before he had denied; yet plaieth otherwise, as much vpon the ad­uantage, as so bad a defense had néed of. For to giue vnto his discourse some lustre and colour of probabilitie, he will not vse the name of Parishes but of Churches: and bicause some thing incident to this disputation, may be spoken of establishing, which can not be verified of distinguishing churches; and of vniting, which can not be taking awaie, he speaketh of these copulatiuelie, and so maketh a fallacie A pluribus interrogationibus vt vna. The argument which he frameth for pluralitie men, bicause they (forsooth) could not doo it skilfullie, and after dooth skirmish with, it will not be amisse to set downe, togither with his forces bsed a­gainst it: Whatsoeuer is established (faith he) by man a­lone, the same may be taken awaie, and vnited by man a­lone: But churches (that is to saie) congregations of the Lords people; pastors of these assemblies, and the liuings for the pastors of these assemblies, were established and di­stinguished by man alone: Therefore churches, pastors, and [Page 283] liuings for pastors, may be taken awaie, and vnited by man alone. The Minor hereof he denieth as false vpon the equi­uocation of the word churches, which hath in all thrée accep­tions: whereof two he saith doo make the said proposition false. The first signification of that word with him, is, Congregations and assemblies of people, which hereby he prooueth, not To be established and distinguished by man alone, bicause the Lord hath willed all his people to gather & assemble themselues togither, to th [...]intent they shuld cal vpon his name; & bicause it is impossible for al the people to An absurd reasoning. be assembled into one place, or to heare one mans voice. This reason may serue to prooue, that God establisheth as­semblies, and that there must of necessarie consequence be distinction and diuision of assemblies: but it can not be racked to giue anie testimonie, that either the maner thereof, the number of people, or the quantitie of ground is prescribed, and as it were troden out by God, which is the point of the issue. Yea, the Pag. 124. Abstractor himselfe confes­seth, that Where the congregation is too great, it is lawfull to make it lesse, and where it is too little, to make it greater: and wisheth Pag. 122. this is reformed, which may not be done, (as he himselfe afore reasoneth) if this distination of assem­blies which we haue, had bene made by God. And he might as well gather, bicause God hath appointed a distinction in proprietie of lands and goods to be reteined amongst men, that therefore God hath distinguished, butted, boun­ded, and meared out euerie manors and lands as they lie in seueralitie from others, and hath likewise made this allotment and proportion of goods which euerie seue­rall man enioieth. And then may we blot out of the regi­ster, the writ De perambulatione facienda, and condemne all their indeuors, which by honest meanes seeke the increase of their substance. And yet notwithstanding this his loose reasoning, he descendeth boldlie from hence to an vncha­ritable and Pharisaicall inuectiue, (which is an vsuall vse­making of their generall doctrines) condemning all plu­ralitie [Page 284] men, for Little preaching, for wearines of well doo­ing, and respect to grease themselues with the fat of the peoples labour. It is well he leaueth vnto them some preaching, whereas his clients (for the most part) doo but speake; (for so they themselues doo terme it not vnproper­lie:) and some well dooing: which some like himselfe can ne­uer be wearie of, bicause they vse well dooing and well speaking, both in one measure. But his saints of his own canonizing, may not in anie case be touched with fatting their purses with other mens labours: yea, though they should laie their mony to vsurie, which is holden with some of them scarse for a Peccadillo: or though they should, besides the reuenues and fruits of their liuings allotted to them, haue a Comorth and contribution yearely made for them, which serueth for a fée to hire them, to speake nothing vnto their good maisters and dames, but Placentia: which is best compassed with all such as haue Itching eares, by bold bra­sen inuectiues, against authoritie and against the present state of the church, and by kéeping deepe silence of all vsu­rie, circumuention, ingrossing, false wares, inclosures of commons, monopolies, extortions and oppressions: for these be biles, which may not de handled, if they mind to haue anie more of their custome. But the Abstractor let­teth also this hold go, bicause it is too slipperie, & dooth gesse that by churches in the former reason, we will vnder­stand liuings of churches, which he inforceth not to haue beene established and distinguished by man alone, bicause God hath ordeined that they which preach the gospell, should liue of the gospell. Wherein lurketh a double falla­cie, first vpon ioining by a copulatiue, both establishing and distinguishing in one yoke togither: whereas though A fallacie, à pluribus interrog. vt vna. God did thereby establish, that pastors should haue liuings, yet did he not distinguish them how they should be vsed in seueralties one from another. Secondlie, in that he co­uertlie intendeth quantities, rates, and proportions of se­uerall liuings to haue beene by God established, bicause [Page 285] he ordeined that his ministers should haue maintenance, albeit there be great difference betwixt liuing and quan­titie of liuing: for Rebuff. Whence he borrowed it, applieth not the place of S. Paule as he dooth, but to prooue, that the benefit is giuen for the dutie. But if he meant not to im­plie thus much, then hath he the lesse colour a great deale against pluralities: for he that dooth prouide two seuerall benefices for them, where one is not sufficient, dooth more fullie satisfie the ordinance of God, to make them thus more able To liue of the gospell. Yea, and that it was his meaning to prooue, that liuings for ministers were distin­guished by God (though he deliuer it but fearefullie and inconstantlie, as commonlie such doo which openlie auouch an vntruth knowne euen to their owne conscience,) these his Pag. 121. words doo make it manifest: Manie liuings (saith he) appointed by the Lord himselfe for manie pastors, ouer manie congregations, should not be taken from manie, and giuen to one. To which end also is that example, which he bringeth concerning the diuision of the promised land of Canaan. Which most grosse absurditie and paradox, ne­uer auouched by anie either old or late writer (I thinke) till this melancholike snapstraw peeped out by owle-light; may be cleerelie refelled euen by his owne words, wroong out from him by the force of truth: to wit, Ibid. That liuings of churches and parishes are distinguished by man, and there­fore may be vnited by man, in some sense may be true. Pag. 124 Nay, I would faine learne in what sense it can be other­wise: and in what signification did he himselfe speake else­where, when as he saith: It is lawfull for man to take a­waie, & to vnite churches & liuings. For if this be lawfull, then hath not God, whose ordinance must be inuiolable, either established anie taxe and certeine quantitie of a ministers liuing, or yet distinguished and seuered the li­uings of churches one from another. But in case God hath allotted a certeine rate of liuing for a minister, it were well it might be made manifest vnto vs hereafter by the [Page 286] Abscractor, or by some other déepe Cabalist, with sound proofes annexed to strengthen it. Yet he taketh this as ve­rie sufficientlie prooued to be Gods ordinance, and there­fore in effect saith; It is no more lawfull now to giue vnto one minister that liuing which was appointed to diuerse, than it had beene for Ioshua to haue altered that diuision of the land of Canaan, which the Lord had commanded by Moses. But when he or anie man else can prooue, that God hath appointed and distinguished out the bounds and li­mits of parishes, and the rates of church-liuings, as he expreslie bounded the tribes in the land of Canaan, then will I saie the comparison is equall: yet seeing it was of temporall lands, it would more fitlie serue for limits of manors and lordships, than of parishes. But the compa­rison is far vnlike: for he will not denie (I hope) but that manie laie fees and temporall lordships may be possessed by some one, which yet he denieth to ecclesiasticall men, though perhaps their desert and contribution to the pub­like charges of the realme be as great as theirs, who en­ioy in true value ten times as much reuenue. And yet e­uery seuerall mans inheritance was not diuided by Mo­ses or Ioshua, but the Lord prescribed the bounds of the tribes, and the lot decided the rest. Nor yet was the distri­bution so setled, but that one of the same tribe might enioy by purchase another mans possession till the yeare of Iubi­le: and diuerse mens inheritances might by discent be cast vnto the next in bloud. And his ignorance or negli­gence is herein more palpable than he can prooue to be in the Pluralists fallacie, in that he saith, Moses Num. 33. vers. 54. gaue vnto some more and to some lesse, whereas in déed it was diui­ded by lot. Also Deut. 34. Moses neuer came ouer Iordan, but did onlie take a view of the land a far off from the mounteine of Nebum. Neither was he or Ioshua appointed Decem­pedae, or the verie diuiders of it, but Num. 34. vers. 17. & deinceps. others from the Lord were therevnto nominated. Insomuch that it is ex­preslie set Ioshua. 13. vers. 7&8. downe, that Moses made no distribution, but [Page 287] vpon the east side of Iordan to the tribe of Ruben, Gad, and the halfe tribe of Manasseh: and all the Ioshua. 14. 15. & dein­ceps. rest of the land was diuided onelie by the direction of Ioshua: how­beit vpon the distribution of this land, so skilfullie (as you sée) by him handled, he taketh occasion by similitude of a botching tailor, and a pilfering companion, to make himselfe merie, rather than to patch vp anie good reason. For his resemblance is so far from shew of likelihood, that it well becommeth such a déepe reasoner. For the theft of Caius can not anie waie prooue, that Seius garment is too long wasted: and therefore his reason smelleth of the shop­boord more than of the deske. But his wish herevpon is, whereas Some (according to his audit-booke) haue two or three thousand pounds, and some neuer a whit: that is, (asse he foole wiselie dooth interpret) scarse twentie nobles by yeare, that there might be set downe a better equali­tie. Truelie, if he had wished by some good meanes a competencie of liuing for euerie minister, it had béene a good and godlie wish: but to desire an equalitie, where the duties and gifts required are so different; it is con­trarie to the rule of iustice, which In mandandis honoribus, & decernendis poenis, dooth follow the proportion Geome­tricall, and not his proposition Anabaptisticall (I should saie) proportion Arythmeticall. For with as good rea­son he might inforce an equalitie of liuings in tempo­rall men, as in ecclesiasticall: considering both the ex­cellencie of the subiect and matter, whereabout the eccle­siasticall are conuersant, and also as great inequalitie of one aboue another, and difference of learning, and all o­ther Gods good gifts to be shewed in the gouerning and instructing of the people in matter of religion, as may be found by any possibilitie in the dexteritie of one man more than of another in managing by counsell, or defending by prowesse the ciuill affaires and frontiers of a common­wealth. Which thing, the slender sparkes of the light of nature remaining, did teach euen vnto the Gentiles: who [Page 288] were content to aduance their religious persons amongst them vnto singular honor, to respect them with large and bountifull maintenance, and to haue their hests and aduise in notable recommendation. The Minor of his owne syl­logisme being the verie contradictorie of the Minor afore propounded by waie of obiection, he seeketh yet better to vnderprop (as he had need) not against such onelie, as are Disposed to cauill, but those also that must denie as vn­true, both his Minor, the Antecedent, and also Consecuti­on, whereby he would prooue it. For he would prooue Churches to be established and distinguished by the Lord himselfe, bicause Though the limits of parishes be borde­red by man, and that a certeine number of people, called to make one congregation, and to heare at one time, in one place, one certeine pastor, be at the rule and dispositi­on of man: yet that these things should be thus done, is the speciall commandement of the Lord. As if he should saie, Though it be so, yet it is not so. For how dooth this follow? God hath commanded Churches to be established and di­stinguished, Ergo he did establish and distinguish them: more than these like reasons? God commanded there should be places comelie and decent for holie assemblies, Ergo he himselfe built all our faire churches. Or, God com­manded euerie man to get his liuing by the sweat of his owne browes, Ergo God getteth euerie mans liuing by the sweat of his owne browes. Yet would I also gladlie learne, where this Speciall commandement vnto men, for the Bordering out of their parishes, and for a certeine num­ber of people to be called to heare one certeine pastor, may be found? But I will take that which he here yéeldeth and prooue thereby (contrarie to his intent) that the law of man may yéeld seuerall congregations vnto one pastor: Whosoeuer hath the rule and disposition of bordering out parishes, of calling a certeine number of people to heare at one time, in one place, one certeine pastor, and may law­fullie take awaie and vnite churches and liuings where [Page 289] they be too little, and diuide them where they be too great: he may as lawfullie assigne the like or greater number of people to heare one man at seuerall times, and in seuerall places: (which is that which is called pluralitie) bicause of the partie of reason, Quia contrariorum eadem est scientia: But man * (as the Abstractor here confesseth) hath the rule and Pag. 123. 124. disposition hereof, and may lawfullie doo the one: There­fore man may lawfullie doo the other, and consequentlie grant a pluralitie. But he seemeth to reason against this, which he saw must needs follow of his owne assertion, by an allusion from a naturall bodie, in which it were mon­strous to haue one head set vpon two bodies, and that therefore it is as vnfitting a thing in a politike bodie, and consequentlie for one shéepeheard to haue manie flocks. But if this be the onelie fault, then let him call both the flocks but one, as to this intent and purpose: yet none can be ignorant, how slender reasons such allusions be, and what insinite absurdities would follow, if we should vrge a conformitie in all points betwixt a naturall and a poli­tike bodie. For then were it also a monstrous thing, for one king to rule ouer two seuerall and distinguished king­domes: and when the king (who is the head) dieth, the com­mon-wealth also should decaie withall. But that the dis­tinction of parishes is indeed onelie of the meere positiue lawe of man, besides that which the Abstractor himselfe péeldeth, whose confession must needs be strong against himselfe: it may appeare by Platina, who setteth downe in what Bishop of Rome his time, they were first distingui­shed. And therefore a famous Canonist Abb. inrub. de Paroch. saith: Though Bishoprikes and prouinces were diuided before Christes time, yet parishes were afterward diuided: So that vpon good Gl. in. c. 1. di. 10. & in c. m [...]lli dist. 93. Abb. in c. au­dientiā Ext. de eccles. aedi­fic. Card. c. a­uaritie. in fin­de praeb. cause, and with consent required, one parish may lawfullie be diuided into two parishes by the Bishop. And Rebuff. who hath furnished out our author with all his stuffe of this treatise, and therefore may not be by him re­fused, being by himselfe produced a witnesse, telleth vs: [Page 290] that although it be a part of the law of nature and of God, to haue a liuing allotted for the ministerie and dooing of the office, yet 13. q. 1. c. 1. Panor. in c. olim Ext. de consuetud. Benefices are brought in by law positiue, and therefore about them dispensations are tolerable. And the glosse Gl. in verbo aut in electa c. nec. mone­rus. 10. q. 3. saith, that diocesses or parishes were distingui­shed by Dionysius. Where vpon in like maner may be ga­thered, that it is lawfull (vpon iust cause especiallie, and the vtilitie of the church so requiring) to permit vnto one sufficient man two seuerall parishes: bicause otherwise they were not able perhaps seuerallie to mainteine a man of qualitie: and for the scarsitie of such men in regard of the seuerall parishes in England, they should be but slenderlie furnished though with two, yet both perhaps more insufficient men by manie degrées.

11. Section. Pag. 124, 125.

IN this section he laboureth to ouerthrow the dispensations for mo benefices, by the definition of a dis­pensation. Which is not auailable, being done by anie besides Him that hath authoritie: which the Archbishop of Canturburie (he saith) cannot haue, though the act of parlement haue so enabled him: bicause he Being a man, may not dispense with the positiue lawes of man against pluralities, which are all grounded either vpon the law of nature, or vpon the law of God: and ther­fore the one must be as immutable as the other. In effect thus much, neither the makers of the act being men could yéed, nor he receiue any such authoritie. But what is this else, but plainlie to derogate all authoritie from the parle­ment, and from all other states whomesoeuer of establish­ing any lawes? For it is certeine, there is no good lawe can be deuised, being lawfull to be obserued, that hath not his ground (either neere or farre off) from the lawe of God and of nature. And if herevpon it might be gathered, [Page 291] that they which are grounded and deriued from thence are subiect no more to mutabilitie than the lawes of God: then should it not be lawfull for his Maiestie to take to The Abstra­ctor deroga­teth from hir Maiesties prerogatiue, and the com­mon law. hir selfe felons goods and traitors lands, from the children of the male factor, for whome he had prouided them. For it is the law of God and of nature, for parents to prouide for their children. Upon the commandements against murther and theft, are these secondarie lawes drawne; that he which committeth such offenses, shall suffer the pe­naltie of death. Which penaltie neuerthelesse, the prince dooth and may lawfullie pardon, bicause they are but posi­tiue lawes, shewing in what maner such crimes shall be punished, and are prouided for the benefit of the common­weale to ensue, by cutting awaie such vnprofitable mem­bers, and by terrifieng others thereby from offending. And yet in some especiall case the common-weale may receiue more damage and hurt by the taking awaie of some men, who may happen in that maner to offend, than it can re­ceiue profit by their death. Upon which or like equanimi­tie, the people of Israell importuned and obteined in sort at Sauls hands, the pardon of Ionathas his sonne, who had of­fended the law positiue, and might as iustlie haue béene ex­ecuted, as he was lawfullie pardoned. And yet was that law grounded of the law of God, which vnder the name of parents, doo command vs generallie to obeie all our supe­riours and their lawes, not repugning to his euerlasting will. The two last places that are quoted, one out of the glosse, and the other out of the text, speake no one word of the restraining of the Popes power in dispensing with the law of nature or of God, for the which they are brought. Againe, it might be answered as afore, that the lawe for­bidding pluralities, dooth not thereby take away dispensa­tions for them; for if there were no prohibition, there née­ded no dispensation: also that those vices which are forbid­den by the law of nature and of God, are no necessarie ef­fects of enioieng a pluralitie, that such dispensation taketh [Page 292] more portion of Iustice, than of Grace, and therefore is not much different from a declaration, that the generall law against pluralities in such a mans case, dooth or may verie well cease. And lastlie, that if these were of the lawe of God and of nature, yet they might be declared and inter­preted, how farre they reach and doo bind, though indeed the bonds of the lawes of God and nature remaining, they may not be (by anie but God himselfe) released. And there­fore this reason, that such authoritie cannot be yeelded to the Archbishop, is manie waies easilie ouerblowne by the grounds of that which hath beene afore deliuered.

12. Section. Pag. 125, 126, 127.

HE which in all this treatise go­eth about to prooue Dispensations for manie benefices vnlawfull, as though either there were no lawe to warrant them by canon or statute, dooth here tell vs of certeine Defects in the qualitie of the person to be dis­pensed with, which are iust causes in law to frustrate and make void euerie dispensation. If he had said euerie such dispensation, it had beene more probable, whereby will fol­low, if those defects and such like be the onelie causes which make void by law a dispensation, then where no such de­fect (nor any other by lawe set downe) can be found; that the dispensation shall be lawfull: and so he hath, like the euill seruant, condemned himselfe by his owne mouth. For Exceptio firmat regulam in casibus non exceptis, as hath been alledged in the former treatise. And if all this which he speaketh here, concerning the qualities of the person to be dispensed with, and the causes inducing dispensation were granted: can he thereby gather dispensations for mo be­nefices to be vnlawfull? Truelic he must first presume without proofe, and against all reason, that all or the most of these are neglected in granting dispensations, before [Page 293] the other will follow. But euen here he standeth vpon an vnsure ground, and deliuereth that which is not true. For he saith that A man qualified and in all respects capable of a dispensation, may not enioy the same without iust cause warranted by lawe. Whereas his owne author Rebuff. Rebuff. de disp. ad plura. nu. 43. dooth teach him, that amongst diuerse causes to induce a dispensation, the excellencie or prerogatiue and quali­ties of the person, as knowledge and nobilitie of birth, are of the first and cheefe causes thereof: not that both these must necessarilie concurre and ioine in euerie seuerall person, but that either of them by canon (especiallie lear­ning) may suffice. In which respect In c. de mul­ta Ext. de prebend. vlt. notab. Panormitane saith: Note it well, that learned men are matched here with no­blemen or gentlemen by birth. And so the church ought to honour learned personages not onelie in word but indeed, as in prouiding more liberallie to helpe and releeue them by the churches reuenues, than for others not so learned. And this is the reason hereof, bicause learning dooth not onelie profit the owner, but also the vniuersall church. For the world cannot be gouerned without learned men, as it is to be seene Auth. hibita C. ne filius pro patre. And another law saith, that the vniuersall church requireth greatlie lear­ned men for the better gouerning of it. C. cum ex eo. de elect. in 6. And the said author in another Panormit. in c. innotuit Ext. de elect in 6. notab. place plainelie deci­deth, that the prerogatiue and qualities of the person, is a sufficient reason wherevpon to ground this dispensation. Where the text. c. innotuit, Ext de elect. saith, That for the pre­rogatiue of the person, he may be postulated, it is to be no­ted that the onelie excellencie of deserts is sufficient to in­duce the prince (or him that hath authoritie) to dispense, although the necessitie of the church or euident vtilitie doo not concurre therewith. Neither dooth this Canon saie, that all those qualities there reckoned, must necessarilie concur in euerie dispensation: for then should it be requi­site also, that some about him which dispenseth, should haue knowne the partie at schoole or in the vniuersities. Neither [Page 294] yet dooth any thing by him brought in this place, giue any pretext or resemblance to disanull a dispensation for him, in whom these qualities shall not be found, as the Abstrac­tor gathereth, before any such matter be scattered.

13. Section. Pag. 127, 128, 129.

THe Abstractor cannot inforce vpon these woordes, When reason shall re­quire, a dispensation may be granted, that therefore not onelie the qualities requisite, but some cause besides them must concur: bicause it is shewed be­fore, that the qualities of the person to be dispensed with, is of it selfe a cause sufficient there vnto. The next place to this, which he quoteth, is impertinent to this purpose of dispensation for pluralitie, and onelie spea­keth of a iust cause of commutation of a vow; and so dooth the other chapter which he saith, is so Plaine and euident. For the decision there, is, that Forsomuch as the cause wherevpon the vow was vndertaken, did cease, therefore the vow it selfe being the effect, might the more easilie cease, and be conuerted into other godlie exercises: so far is it from proofe, that There must be some speciall cause knowne, for the which euerie dispensation is to be gran­ted, to the which purpose it is brought. And he hauing no better prooued than you haue heard, that there must be good and iust cause of a dispensation; dooth euen as slender­lie shew what those causes be.

For the decision of that chapter, which to that end he quo­teth, is not so, that Vrgent necessitie and euident vtilitie of the church are causes of granting these dispensations which we speake of: but that for those causes the pope did tolle­rate one to continue Archbishop of Capua, which was cho­sen therevnto, though his learning were not exquisite, but onelie competent. The foure examples of dispensations which he laieth downe grounded vpon causes sufficient, & [Page 295] by him borrowed out of the canon law, cannot by any pos­sibilitie prooue that which he intends, that no dispensation whatsoeuer in any case may be granted, but vpon cause; and much lesse that Vrgent necessitie and euident vtilitie, be those causes and the onlie causes of all dispensations, (for his owne author Rebuff. reckoneth foure causes of this dispensation.) Or yet that these causes (as he gathe­reth) doo signifie nothing else, but The well gouerning of the soules of the people. But it is not to be omitted, that the Abstractor here contrarie to himselfe afore alloweth of dispensations with such lawes, whose reasons are groun­ded vpon the law of nature or of God; yea, euen to dis­pense with that, which is Vnlawfullie taken, onlie by co­lour Contrarie­tie to him­selfe. of an Vnreasonable custome beeing void in lawe. First, the refusall to receiue moonks to cure of soules, who (as an ancient father saith) had Officium plangentium, non do­centium, were to moorne not to teach, and were in those daies meere laie men, or the refusall of any other laie man whomsoeuer, is grounded vpon that scripture, Let no man minister but he that is lawfullie called, as was Aaron: and let him not be a yoong scholar. Yet I must put the Abstrac­tor in mind, that he mistaketh the matter, when he thin­keth that such had dispensation for the Gouernement of a Ignorance in the Ab­stractor. church with cure of soules, they remaining still laie men. For Exlaico and Ex monacho doo onlie signifie that it was a­gainst the generall canons, suddenlie without great cause to prefer such from meere laie men to the order of the mi­nisterie, and so to a Bishoprike, or other cure of soules, before they had serued as clearks in other inferior orders and ministrations. For by the opinion of Fisher, euen at the common 21. H. 7. 3. law an act of parlement cannot inable a laie man so remaining to become a parson of a church, bicause it is a matter meere spirituall: although the par­lement (as Vauisoure thinketh) may take order in such spi­rituall matters as are mixt with temporall causes. Like­wise the prohibition of ordering the sonne of a professed [Page 296] nonne, is grounded vpon those canons of integritie re­quired in all ecclesiasticall men which are set downe by S. Paule, which is greatlie blemished and stained by the fault of such parents. As for that generall asseueration, which without all proofe or weighing of any circumstances, he vseth against all inioyeng of mo benefices, as simplie vn­profitable at all times to the church, when he shall deli­uer his proofes of it, shall either be answered or yeelded vn­to, and in the meane time is as easilie reiected, as it is by him boldlie auouched. But although it did not carrie with it an vrgent necessitie or euident vtilitie of the church, yet hereof it dooth not follow, that a dispensation to that end is vnlawfull. Bicause he can neuer prooue them to be on­lie causes of that dispensation: for that the law rehearseth diuerse other causes of dispensations in generall, and they are gathered by the glosse vpon that verie canon, which in this section he alledgeth. A dispensation is granted (saith the Gl. in verb. vt plerisque in fine 1. q. c. requiritis. glosse) when necessitie or vtilitie requireth Infra. eo. tali. Also sometimes a dispensation is granted, bicause a gre­ter euill is feared, in which respect the Englishmen were dispensed with 35. q. 3c. quaedam lex §. quod scripsi. Also some­times for some good to insue, as when we dispense with heretikes, that other may more easilie returne to the church, 23. q. 4. c. ipsapietas. Also sometimes for the multitude and for auoiding of offense, c. vt constitueretur. 50. dist. And the same canon rehearseth other considerations and in­ducements to dispense: as mercie, pietie in the person, the circumstance of time, and the euent of the matter. In­somuch * that another glosse dooth thus gather: When as Gl. in verb. causae c. exi­gun [...]. 1. q. 7. rigor and extremitie is of one part, and mercie of the other, the iudge ought rather to follow mercie. c. 2. Extra. de sorti­leg. & l. placuit C. de iudic. So that it seemeth a dispensation is a due, bicause the precept of mercie is common to all, c. non satis 86. dist. Which I grant that indeed sometimes it is due, & the iudge should offend, which in that case would not dispense, though no law be set downe wherby we may [Page 297] demand a dispensation. But bicause both schoolemen and some few lawyers, who handle this matter, doo varie di­uerslie one from another, and confusedlie speake concer­ning the causes of dispensations, I doo take it woorth the labor, vpon due weieng of all their reasons and allegati­ons, to reduce them thus brieflie to an harmonie. In Dis­pensations of méere Grace and fauor, which are such as the prince may lawfullie gratifie one man in, and denie vnto another, as are indenizations, legitimations, pardoning or remitting the penalties for faults not verie heinous: there is not anie L. 1. ff. d [...] constit. prin­cip. it. Au­thent. quibus mod. natur. efficiātur le­git. & qui­bus modis. sui & C. de sen­tentiā passis. necessitie, either in court of conscience, or in the ciuill court of man to the dispenser or dispensed, that they should proceed vpon anie cause more than of méere bountie of the souereigne prince, who onelie hath this authoritie; seeing it is to be intended, that the people and lawes of euery countrie, in these and other small mat­ters haue yéelded this Arg. l. scio­ff. de minori­bus. power vnto their souereigne princes. But touching those Dispensations, which are cal­led of Iustice, they are conuersant either about the law of God and nature, or about the positiue law of man. In the lawes of God and nature there is no relaxation of the bond of them, (which none but God himselfe may doo) yet there may be vpon good grounds a declaration and inter­pretation, that the generalitie of the words doo not in deed extend to some especiall cases. As although Gods law doo indefinitelie require credit to be giuen to two witnesses: yet is this generalitie, by mans law rightlie declared not to haue c. relatum, 1. &c. cum esses. Ext. de testamentis. §. 1. instit d. it. place, where such two witnesses are but children, and haue not atteined the yeares of diseretion, to accept of an oth. By the law of God it is commanded, that he that killeth, should himselfe be done to death: yet L. v. vim. ff. de iust. & iure & ibi. gl. & DD. is this truelie interpreted not to haue place, where a man killeth in his owne necessarie defense. Yea, not onelie in the de­fense of his person, is this thought not vnlawfull, but Iason. in d. l. qui dicit eā esse comet. & Diaz. reg. 597. also in the defense of his goods: although Felni. c. 2. Ext. de homi­cidio. some other, not so truelie, doo hold in this case the contrarie. The generall [Page 298] commandement of absteining from labor in the obserua­tion of the sabaoth, is declared by our sauiour Christ, not to bind nor to haue place in the priests occupied about the sacrifices in the temple, nor in the necessarie works of christian charitie, neither did reach vnto those Iewes who were forced by their enimies (watching the opportunitie of that time) to fight and defend themselues from violence e­uen vpon that day. And it is in L. omnes C. defer [...]s. some cases euen by mans law, not wronglie declared to cease. The precept of obei­eng our parents, is aright interpreted to haue no L. Lucius ff. de condit. & demonstr. L. nepos. ff. de verb. signif. L. filius ff. de cond. instit. l. reprehendc̄ ­da. C. de insti. & subst. & ibi. DD. place where the father commandeth anie vnlawfull or dishonest thing. The commandement of kéeping our oth is not so generall, but that it is L. non dubi­um C. de legi­bus l. fin. C. de non numer. pecu. c. non est obligator de reg. iu [...] is in 6. declared rightlie to cease, where it should otherwise bind vs to performe an vnlawfull thing. And although by the law of God and of nature L. manu­missiones ff. de institia & iure. inst. de iure perso­narum. euerie man is borne free, according to that of the Psalmist; Thou hast subdued all things vnder his feet: yet hath the law Ibidem. of nations not vngodlilie attempered this, and declared bon­dage vpon good occasions to be lawfull: least otherwise those which be ouercome in warre, should without mercie be put to the sword. For S. Paule saith: Art thou bond? seeke not to be loosed. By the law of nature and of nati­ons, traffike betwixt man and man ought to be frée: yet hath law positiue C. ne Iudeus Christ. man­cipium l. in­ter stipulan­tē ff. de verb. oblig. §. sacrā & ibi. DD. iustlie declared the said law in some cases to cease. It is of the law of nature, to haue him cal­led and cited to be present at anie act, who may be interes­sed or preiudiced thereby: yet the souereigne prince vpon good cause, vsing that right which is in him, although it may indirectlie turne to the harme of another, may Gl. in l. an­ [...]ep. ff. ex qui­bus causis maior. quàm dicit com. ap­probari Fe­ly. c. eccles. Ext. de con­stitut. in­franchise another mans bondslaue, the maister not being called. By which examples it appeareth, that albeit princes, and other iudges, who are all inferior to the law of God and of nature, cannot dispense with them vpon anie cause by releasing the bond of them: yet vpon good and suffici­ent grounds in such cases as be euidentlie of that nature, which by most strong arguments we may gather that God [Page 299] himselfe would not haue included in the generalitie of his law, interpretation, declaration, and limitation may be made of them. And this is one kind of Decius cōs. 112. & in c. que in eccle­siarum Ext. de costi [...]u­tionibus. dispensation of iustice, largelie so called, whereby the bond of the law is not released, but the law is interpreted in such case not to haue place according to the true meaning of it. But yet with this moderation, that we neuer so intend and pre­sume for the sufficiencie of the causes, where vpon such de­claration of the law of God and of nature is supposed to be grounded: but that for stopping of a dangerous step vnto tyrannie and blasphemie, proofes to the contrarie must alwaies be admitted, if anie may be brought. Now, in that other member of Dispensations of iustice, more properlie so called, which are bestowed about the positiue lawes of man, we haue to obserue two seuerall varieties. One is, when the generall force and obligation of the law remaining, yet the reason thereof in some particular case dooth cease, which may and ought to be by the souereigne prince or other inferiour iudge so declared. Another is, when as the law is grounded vpon diuerse reasons. For then, though one or two of such reasons doo cease, yet in re­gard of those reasons thereof, which doo remaine, the law shall still reteine his force. Nay, though the positiue law of man be enuious, as L. vnica. C. de caducis tollend. was Lex Papia, verie L. prospex­erit ff. qui & a quibus. grieuous and hard, or such as the reason thereof is wholie ceased, yet shall the disposition and life of it continue, and howsoeuer the execution thereof perhaps may be intermitted, yet is not the law thereby taken awaie and extinguished, but is L. vnica in principio. C. de caduc. tol­lend. onelie Sopita (as it were) laid asleepe for a time, So that if the like necessitie happen, for the which such a law was first established, it shall reuiue againe without anie new ena­cting, which it L. inter sli­pulantem §. sacram. ff. de ver. oblig. could not doo if it were wholie extinguished. For otherwise, if euerie priuate man might take vpon him to decide, when and how the reason of his superiors law dooth wholie cease, and that thereby the law might be said to be extinguished and abrogated; which kind of in­terpretation [Page 300] L. fin. C, de legibus. dooth onlie belong to the souereigne prince, or to such as he committeth it vnto: then verelie in this last case, there should need no dispensation, though (in the meane time) such libertie would bréed a great confusion, and an open contempt of all lawes. Howveit I haue de­clared alreadie, that wheresoeuer the generall law dooth re­maine, though in some particular case it doo cease: that there (as in the other cases here alledged) this Dispensa­tion is needfull, and ought not in right to be denied; for the which cause it is also called, A dispensation of iustice. Be­sides these, there is a third kind of dispensation mixt of both: as taking some part of that which is called Of grace, bicause he that hath authoritie to dispense hereby, is not in waie of iustice preciselie compellable to grant it: and bor­rowing other some part of that, which is called Of iustice, bicause this ought not to be granted simplie, but vpon iust cause: by reason that the positiue lawes of man, about which onelie this dispensation is conuersant by common intendement, are enacted for some publike vtilitie and be­nefit. So that without good ground, a man ought not to be exempted from the generall charge of the common-welth, which other are to suffeine: speciallie when such his exemp­tion shall be burdensome to others. This last sort of dispen­sations may be defined to be A release in some especiall case and certeine persons of the generall bond, and reason of a positiue law, by him that hath authoritie therevnto. And this authoritie must either be committed expreslie, or is couertlie implied to be attributed vnto a souereigne prince: either by the operation of the law, as when L. d. C. de le­gibus. such souereigne is the lawgiuer himselfe; or by presumed in­tention, that they which made the law, meant to yeeld power of dispensing with the rigor and extremitie of it vn­to him in all Arg. ex gl. §. fina. l. tale pactum ff. de pactis. such cases, as by likelihood and probabilitie they themselues would haue dispensed with, if they had bene in particular it ie opened and recounted vnto them, at the first establishing of it. But an inferiour, vnto whom [Page 301] anie such authoritie is expresselie (yet without full power and authoritie) committed, is to follow in all points the direction of his commission, or where the same is defectiue, the common positiue law concerning the ruling and gui­ding of such dispensations.

And this same presumed intention of the meaning of the lawemakers, is the most proper cause that (in my iudgement) can be assigned generallie of euerie dispen­sation of this qualitie and condition. Now, when c. si quis cul­patur. 23. q. 1. c. in pres. de renunciat. gl. in c. ad aures de temp. ord. & in c. 2. de maior. & o­bed. Cynus, & Bart. in l. fin. C. Si con­tra ius vel vtil. Fely. nu. 60. Dec. nu. 24. in c. quae in cccle. Ext. de constitut. a soue­reigne prince dooth dispense with any positiue law of man, the lawe teacheth vs to intend and presume, both that there is a cause why he should so doo; and that the same cause is iust and sufficient: insomuch that Anchor cons. 288. Fulgos. cons. 143. Loazes pag. 371. no proofe to the contrarie of this presumption may be admitted as some doo hold: but if he doo dispense with such a law of man as hath some necessarie and neere coherence with the law of God or of nature, as (for example sake we may assigne lawes for distribution of almes and other beneficence to the poore, godlie bequests and deuises of the dead vnto good vses) without a good and sufficient cause in déed: though both the dispenser, and he which is dispensed with in vsing of it, doo in the inward court of conscience and before God offend, yet neuerthelesse that verie relaxation of the bond there of, being onlie of man, shall stand so farre foorth good and effectuall, as that the acts Fely. vt su­pra. nu. 6. Bart. post. gl. in l. relegati ff. de. poenis. which by vertue thereof are doone, shall be in the court of man auailable, and not to be impugned. Yea by the opinion of some verie well lear­ned, such acts doone shall be of force Syluest. rer. Papa que. 15 euen in the inward court of a mans soule and conscience. For example wher­of they bring a dispensation granted without any cause, for the mainteining and sirengthening of a clandestine matrimonie contracted: which is condemned iustlie by the law of man, vpon verie good and pithie reasons. And how­soeuer both the parties themselues (saie they) haue offen­ded therin, first in so contracting, & then in vsing a dispen­sation, vpon no iust ground: and he also that shall condes­cend [Page 302] to dispense with it, being mooued with no good reason therevnto: yet the matrimonie shall be of force, and the issue thereof is in both courts legitimate. And whereas Fortun in l. Gallus §. & quid si tantū ff. de l. & post. some doo seeme to be of contrarie opinion héerein, which thinke such a dispensation granted without cause, not to enable any act to be of force, which is done by vertue there­of: their opinion is thought not to be sound, except it be vnderstood of an inferiour that shall by commission haue a limited and not full authoritie from the souereigne to dis­pense, Innoc. in c. cum ad mo­nasterium de statu regulae­rium, & in c. dudū 2. Ext. de electio. bicause such a dispensation from him cannot be of any validitie either in the one court or the other, except it be warranted as procéeding vpon some good cause. For we are not by law to presume and intend for the goodnesse and sufficiencie of the Fely. in c. que in ecclesi­arum Ext. de constitut. gl. & DD. in L. relegati ff. de poenis. & est com. opinion Loazes in loco citato. cause for any dispensation, passed by an inferiour not endowed with full power and authori­tie, vnlesse it doo so appeare indéed. Now, on the other side, if he that hath authoritie (be he souereigne or inferiour) doo grant a dispensation without any reasonable cause, about such a law as is méerelie positiue, and hauing none im­mediate or néere relation vnto the law of God or of na­ture: then, albeit he in so dispensing Ber. in c. non est, Ext. de vnto. Thom. 1. 2. q. 97. ar. 4. dooth offend (by brea­king that right and equabilitie of the law intended to pub­like good, and which is common to all) in fauour of one, yea and that without any iust cause of preheminence to him aboue other: yet he that vseth such dispensation (espe­ciallie if it be without greeuous offense giuen, and direct damage of others) dooth not Gl. in ver. execrabilis Ext. execrab. de praebend. Fely. c. ad au­dientiam 2. de rescriptis. Gigas de pen­si. q. 6. nu. 13. offend against a good consci­ence, but may lawfullie inioy it, bicause he is by the same authoritie deliuered from the bond of that law, by the which he stood bound, as is euident in the verie matter of plura­litie and dispensation which we haue in hand.

And according to these distinctions are all those things to be vnderstood, which to like purpose (here and there in this treatise) as occasion was or shall be offered, are by me vt­tered: whereby the grounds and causes wherevpon all dis­pensations and exemptions may lawfullie and safelie be [Page 303] granted and vsed, according to the more sound opinion of the best learned lawyers and schoolemen, may partlie I hope with some plainenesse be discouered. But if it should be asked in which degrée and sort of these three dispensati­ons, those for pluralities, which by statute of the realme are committed to the Archbishop of Canturburie, ought to be placed? Truelie in consideration that both they and o­ther dispensations by him to be granted are there so boun­ded for the matters themselues, and for the persons, though not for the maner of procéeding, & are so exacted of him to passe them where iust cause appeareth, that if he shall refuse to dispense, then this power and authoritie giuen by the whole church and the realme to him, shall be deuolued ouer to others: I cannot see, but that they are to be reckoned ei­ther amongst those Dispensations of iustice, which are con­uersant about the positiue lawes of man, or amongst such as be mixt of both.

14. Section. Pag. 129, 130, 131, 132, 133, 134, 135.

HEere the Abstractor fansieth, that he hath so battered vs with his canons, that we must be forced to raise a rampier of our statutes, to make vp the breach: whereas in truth his forces were nothing but a volée of colubrines, puffed and his­sed off with serpentine powder of a spitefull toong, fitter to scare children, than to atchiue anie such enterprise. Where vpon this neuerthelesse may be ga­thered, that he imagineth there is cause, whie it should be thought that the statutes of the realme are more loose in permitting pluralities (which he so detesteth) than the ve­rie canon law it selfe. He answereth this point of our sta­tutes, which establisheth dispensations with a wish and a praier, That these lawes might be respected, and that the [Page 304] law of England might rule an English man in this case. Pag. 126 But whie dooth he then inforce (as afore) that they must re­ceiue interpretation and addition from the common eccle­siasticall law? And whie dooth he seeke to deface them as Inconstan­cie. vngodlie, contrarie to nature, and permitting things vn­lawfull? Whereby he would steale awaie. The clappers of these bels that they should not sound, and would vntie their bands, which should tie him and others more short vp to the obseruation and due estimation of them. For if there be anie lawes that doo not Sound or bind, they are such especiallie, as he & his clients not onlie dailie breake, but doo gnaw vpon in their conuenticles, and barke at in their publike speeches. And here this wrangler confesseth in discourse which he denieth in the title of his treatise, that some Dispensations are tollerable for qualified men in ca­ses of necessitie, of conueniencie, for the honor of hir High­nesse person, and being warranted by scripture. Touching the first of these, the statute in truth restraineth it to dis­pensations vnto the princes person in cases vnwoont, but not contrarie to the law of God. Concerning the second, the words of the statute, Are necessarie, &c: vpon due exa­minations of the causes and qualities of the persons, which after is left in some part to the Archbishops discretion. The Falsificatiō. third is more wressed than the former; for the words are thus: Not contrarie or repugnant to the holie scriptures and lawes of God. In stéed whereof (he saith) they must be warranted by them. Whereas in truth manie things be not contrarie nor repugnant: to Gods word, which are not positiuelie and expresselie warranted there, otherwise than that nothing is to the contrarie. And no lesse than the for­mer, is that vntrue and contrarie to the statute, where in saieng that the Archbishop may dispense if he will in some cases not contrarie to the word, he would insinuate that he needeth not at any time ercept he list. And these things thus by him corrupted, he dooth before he come to his breefe reasons, recapitulate as falselie almost as he had done be­fore. [Page 305] The Minor of his first syllogisme of the three, being vnture and to be denied, wherein he assumeth the Hauing of manie benefices, or non residencie, to be repugnant to the lawes of God, though he haue not named non resi­dencie afore, he telleth vs (if we may beléeue him) that he hath alreadie prooued By infallible conclusions of law, and vndoubted truthes of the word of God. Yet his lawes al­ledged doo not once mention repugnancie with the word and scripture. Pag. 121 And out of scripture to this purpose he hath alledged none but one place out of the first to the Corin­thians, that ministers ought to haue maintenance. But he inforceth this matter by this argument, as I doo gather it: Whatsoeuer cause or matter is repugnant to the word of God, is by statute vndispensable: The cause or matter of hauing manie benefices, is repugnant to the word of God; namelie, ambition, pride, couetousnes, perill of soules, &c: Therefore the cause or matter of hauing manie benefices, is by statute vndispensable. First, to speake to the matter hereof, the Minor is vntrue, bicause the suffici­ent maintenance of the minister, and the enioieng of a preacher rather than none, are the immediate impulsiue causes of permission to enioy mo benefices. But if plura­litie should be an efficient cause of ambition, pride, coue­tousnes, perill of soules, &c: which it cannot be (otherwise than Per accidens by indirect occasion) then are these vices effects of it, and not they causes thereof, as here is auow­ched. But if we should admit these crimes to be causes of hauing mo benefices, then would I grant his conclusion, that the Archbishop may not dispense with those enormi­ties: whereof neuerthelesse will not follow, but that he might (this notwithstanding) dispense with hauing of mo benefices, being but the effect as he supposeth. To the A fallacie of equiuocatiō. sorme I answer, that it is Paralogisticall [...] vpon the diuersitie of signification of the word Cause: which in his Maior and the statute, is taken for the matter it selfe to be dispensed with, so it be not repugnant to Gods [Page 306] word: but in the Minor of this argument, it is taken by relation to the effect of that matter, which is to be dispen­sed with for the verie reason of the prohibition it selfe. In his second syllogisme, I haue shewed afore out of the sta­tute, that the Maior is by him fained. For neither is any mention made of Peace or conseruation, neither is The wealth and profit of the realme spoken of there in all dis­pensations absolutelie, but in cases vnwoont, and vnto the person of the prince. And yet his Minor proposition there­of, is also vnsufficientlie vpholden. For the enioieng of two benefices, is as far off from making vp such follie and wealthie prelats, as they doo seeme onelie vnto the left en­uious eie of this Detractor; as this assertion is from the truth, that Hereby stipendarie curats and poore ministers are kept in beggerie. For it may be their allowance is ac­cording to the measure of their sufficiencie, and it is verie small indeed, if it be not more than he himselfe thinketh them worthie of, who holdeth most of such curats for no ministers at all neither in fact nor lawe. But if it were granted, that some such as are too meanlie prouided for, might be placed in some seuerall benefices that are enioi­ed by another: dooth he thinke that the releeuing of him hereby, will ease the common-wealth, or profit the church, as much as the abridging of sufficient maintenance will decaie both the number and abilities of our best grounded and most learned diuines, who are onelie fit to impugne the errours and heresies of poperie and of other sects? His second reason of proportion drawne from diuerse other mysteries and trades forbidden to be exercised by one rich and mightie man, to the intent to prooue that a damage groweth to the common-wealth, by one mans enioieng of two poore benefices, which can be accounted indeed but one trade: if it be a sound reason of iustice and equitie, as it is pretended, it will not onelie inferre, that a seuerall gift and facultie of learning is required for euerie seuerall congregation, as the cunning in seuerall trades is diffe­rent, [Page 307] but also must inforce an vnlawfulnesse in all sorts of men to inioy seuerall lordships, or any inequalitie of pos­sessions and substance whatsoeuer: bicause manie of The poorer sort might liue of such possessions in one mans hand, well and honestlie in the common-wealth: which is a bitter roote of the wéed of Anabaptisticall equalitie and communitie. The last reason, which he bringeth for proofe of his second Minor, is taken from the conueniencie of fulfilling the deads wils and testaments: as though all foundations and dotations of churches, had béene by last wils and testaments onelie established, and as though they had especiallie regarded by their said wils the seruing of those churches by pastors continuallie resiant, and not ha­uing anie liuing elsewhere. But (I praie you) how was it lawfull for the latter men to alter the wils of the former founders, by making new distinctions of parishes and al­lotments of liuings, if other parishes and liuings were e­stablished before (as he absurdlie seemeth to fansie) euen by God himselfe? And why should he be so carefull for the ful­filling of their wils, who for the most part in time of igno­rance, in regard onelie of massing for their soules, rather than for teaching of the people, and vpon opinion of meri­ting heauen thereby, did erect and endow churches; per­haps with some little glebe, though the chiefest benefit doo arise by tythes? Seeing he is of opinion that a matter grounded vpon anie cause or reason, is of like nature and His reason retorted vp­on himselfe. condition, with the reason it selfe: so that if the cause and reason, wherevpon they grounded their building and en­dowment of churches be impious; then euen the things themselues shall be stained with like impietie, and not woorthie thus to be tendered by him. But this his suppo­sall is in deed a verie weake and slender coniecture, not worth the name of a presumption, and meerelie consisting in fact without proofe. And it might be better gathered, see­ing pluralities within these last six hundred yéeres (in com­passe of which time most churches haue béene built) were [Page 308] verie rife, as may appeare by lawes especifieng multi­tudes of benefices incroched, and reteined without all li­cence or toleration: that patrones of churches could not be ignorant thereof, and therefore meant to prouide for no such matter, which otherwise they would haue expres­sed, and met with either in dotation, composition, or by testament. And hee might with more colour vse this reason, euen against the iust dissolution of religious houses, being directlie and expreslie contrarie to the mind of the founders: yet with no better authoritie warran­ted, than dispensations for pluralities, both of them euen by act of parlement. And therefore as the three seuerall Minor propositions of these his last syllogismes, built vpon these vnsure and feeble grounds, for the proofe of the Minor in his second syllogisme afore, are to be denied: so are the verie Maior propositions all thrée, brought as grounds to build the other vpon, as weake themselues, as these which should be vnderpropped by them. For the great riches of some few, is no small occasion why some other doo want, which might haue more plentie, if all the wealth of the richest in the land, were distributed abroad in the world, and yet are they necessarie for the profit and conser­uation of the common-weale, which consisteth by inequa­lities, as the wise doo know, which may serue also for an­swer of his second Maior: although he which by especiall priuilege hath some two liuings assigned vnto him, can not properlie be said to enioy manie mens liuings, or any more than that which is his owne by law. The like is to be affirmed of the dispositions in last wils and testaments, as though whatsoeuer did preiudice them, being made to lawfull and holie vses, could not be accompted necessarie to the welth and profit of the realme. For if a man would deuise and bequeath (to neuer so lawfull and holie vses) his lands holden In capite, in chiualrie, or entailed, or another mans lands or goods, which course is allowed of by the ci­uill law: yet is it thought necessarie in law, for the wealth [Page 309] and profit of this land, that in some part the one, and that the other should wholie be encountered. So dooth the ciuill lawe disannull and reuerse a testament con­triued neuer so solemnelie, or to how good and godlie vses soeuer; if the testators sonne be omitted, or be without iust cause disinherited in it; or if a some be borne within ten moneths after his death, of the bodie of his wife. Thus hauing, as shortlie as I could, run ouer his reasoning, it resteth to shew that by the statute law of this land, (which is the iudgement of the whole church & common-weale re­presentatiuelie) dispensations for pluralities are lawfull. First the 21. H 8. ca. 13. statute 21. Hen. 8. saith, that men so qualified, (as is there prescribed) may take and receiue two benefi­ces with cure of soule by dispensation, and therfore it can­not be vnlawfull. But if it be answered (as the Abstrac­tor goeth about to doo) that all 25. H. 8. ca. 21. dispensations are by a later statute restrained, sauing such as be not contrarie or re­pugnant to the scriptures; intending withall this kind of dispensation to be vngodlie, and against the word of God: this may be refelled easilie by the preamble of the said lat­ter statute, where it is affirmed To stand with naturall e­quitie and good reason, in all and euerie lawes humane, made within this realme, or induced by custome, that the parlement should haue authoritie not onlie to dispense, but also to authorize some elect person or persons to dis­pense with those & all other humane lawes of this realme, and with euerie one of them, as the qualities of the persons and matter shall require.

Now the iudgment of the parlement is, that the lawes prohibiting one man to inioy mo benefices, are but hu­mane, agréeablie vnto that which to this end I haue set downe, but namelie in the glosse last before alledged; and therefore that it may be dispensed with, it is hereby verie euident: in that this latter statute calleth all these dispen­sations so authorized, An ordinance by policies necessarie and conuenient, and dooth againe establish the act for dis­pensations [Page 310] in these words, That the same act for plurali­ties & non residencies of benefices, & euerie thing therin conteined, shall stand good and effectuall to all intents: which they could not without manifest contrarietie newly strengthen, if these prohibitions of mo benefices, were not by humane law onelie, but had béene prohibited also by the law of God himselfe.

15. Sect. Pag. 135, 136, 137, 138, 139, 140.

THE Minor proposition of the third syllogisme pag. 133. [that It is not for the honor and suertie of hir Highnes person, to leaue any maner of authoritie for the Archbishop to dispense] he goeth about to prooue, bi­cause the statute conteineth A con­trarietie and absurditie. And before he come thus farre, he affirmeth that this is To set an English Archbishop in the roome of the pope ouer the king and his subiects, and to respect him more than the dignitie and preeminence of a christian king. As though that which was giuen by parle­ment, were vsurped, or he that claimeth it not as inuested or incident vnto him, by anie right, but as a trust re­commended vnto him by the whole realme, (whose mini­ster he is in this respect) could be iustlie said to haue pre­eminence aboue the king. For the Abstractor might as well gather, that the Lord Chancellor, hauing manie great and weightie matters of confidence and trust by parlement, and the common law laid vpon him, as name­lie Vpon complaint made that the Archbishop refuseth to grant dispensation to any person, that of a good, iust, and reasonable cause ought to haue the same, to direct a writ, inioining him vpon a certeine paine by his discretiō to be limited, to grant, might therefore be said to haue pre­eminence hereby ouer the Archbishop, and consequent­lie (by his collection) ouer the Queenes Highnesse. But [Page 311] before I come to the examination of the proofes of his Minor, I must put him in mind that his Maior is vntrue. For neither is the statute prohibitorie of all dispensati­ons, Corrupt collectio [...] of the sta­tute. not Conuenient for the honor & suertie of hir High­nesse: neither yet (as hath beene afore shewed) doo those words reach anie further, than to dispensations in vnaccu­stomed cases, for the princes owne person. The Absurditie and contrarietie he saith, is first in this point: bicause The Archbishop is authorized to grant dispensation vnto the prince in such cases, as haue bene accustomed to be gran­ted at the See of Rome: whereas the pope was neuer anie lawfull magistrate in the church of God, and therefore eue­rie dispensation granted by him was against the law of God, as granted by one that was no member of the church of God. Trulie my wits be passing dull, which can not perceiue how these doo hang togither. Might he not haue beene a member, though he were not head of the church? Or dispense with some humane law, without breach of Gods law? Or might it not be, that dispensations were accustomablie granted by him, though he were not head of the church? Or might it not be that dispensations were accustomablie granted by him, though he were not a law­full magistrate or dispenser? Or may not the Archbishop by lawfull authoritie committed vnto him, dispense in such humane lawes as hath beene accustomed, though the pope were an vsurper herein? Or lastlie, if all these were admitted, dooth it here vpon follow, that there is a contra­rietie and absurditie in the statute? Assuredlie he had néed to be a kind and tender-harted man, that will yeeld him­selfe to be ouercome with such reasons. His second reason for proofe of the contrarietie, is to this effect: 1 Dispensati­ons for vsurie, periurie, incest, adulterie, &c: were accu­stomablie granted at the Sée of Rome: 2 But dispensati­ons for such crimes are against the word of God: 3 Therfore such dispensations as were accustomablie granted at the Sée of Rome, were contrarie to the word of God. Which [Page 312] is a verie childish Ignorance of the elench, concluding of meere particulars, and therfore neither in mood nor figure of argument. For although some were such that were there granted, yet it dooth not follow that all dispensations from thence were of like nature: but the Archbishop by authoritie of that statute may dispense with none but such as be not against the word of God. But here the Abstra­ctor hath ioined with such as vndoubtedlie are against the word of God, Non residencie, and manie benefices. The lat­ter whereof is the matter in controuersie, whereby this is Petitio principij: and the first can not be dispensed with du­ring life; for that the 1. H. 8. c. 13. statute maketh such dispensations void, & subiecteth the partie vsing them, to a grieuous pe­naltie. But where he maketh Not eating flesh in Lent to be a matter repugnant to the law of God: whereby he in­ferreth such dispensation to be vnlawfull, he must needs confesse that he was in his fit, and knew not what he said: for if to absteine from flesh in Lent vpon cōmandement, and by positiue and politike ordinance, be (as he saith) Su­perstitious, and a matter repugnant to the law of God: then as it séemeth should a dispensation to doo it, which restoreth the former libertie of eating flesh, be more agréeable to Gods word, and the more meet to be vsed. But neither ea­ting, nor yet not eating of flesh at anie time, is of the law of God, Quia esca nos non commendat Deo, neque regnum Dei est in cibo & potu, & nihil quod intrat in os coinquinat hominem: so that to dispense herewith, either to eat or not to eat, can not be vnlawfull. And that this obseruation of fishdaies is but a politike constitution, it is 5. Eliz. c. 5. explaned elsewhere by act of parlement: whereby also he and others (which shall affirme otherwise of the intent of the prohibition to eat flesh on certeine daies) are to be punished as spreaders of false newes. But at the last he stumbleth vpon the right interpretation, that the Archbishop ordinarilie is but to di­spense with matters accustomed to be dispensed with at the See of Rome, and not then simplie, but onelie so farre [Page 313] forth as they were not contrarie or repugnant to the word of God. Whereby he straight inferreth, besides those which are afore spoken vnto, that he is not hereby Intituled to dispense for simonie, Non residencie, mariages in Lent, &c: bicause those are matters he saith repugnant to the law of God. Touching simonie, it can not be denied but it is a greeuous fault, yet forbidden by the positiue law of man onelie, (albeit Canonists for the most part haue deriued it from the offense of Simon Magus) and hath his grounds and reasons verie weightilie deduced from the law of God and the light of nature. Notwithstanding, our author hath almost wholie qualified and dispensed with it, as much as he could with little honestie, in his first treatise: namelie, By right of couenants, by the well liking of the people, by a good fire in the hall once in a yeare, and by a slyuer of bread at the patrons doore. But if Non residencie be against the law of God absolutelie and directlie, and not by euent and consequence onelie; then must it be against some of the ten commandemeuts: and thereby will it fol­low, that as vpon none occasion, anie of them may be transgressed, so will it be sinfull for a man vpon anie cause whatsoeuer, at anie time to be awaie from his benefice, though it were but an houre, no more than a man may kill for an houres space. Lastlie, where he affirmeth Mar­riages in Lent to be repugnant to Gods law, and therfore not dispensable: except he will acknowledge that he was in his melancholike mood, in a little house hard beside him­selfe, he may happen for this saieng to be grauelie censu­red by the eldership, where he hanteth. But if the prohibi­tion of marriage for some certeine times brawne from the old canons, be but of law positiue: why may it not by the same authoritie be likewise released and dispensed with? And in deed the occasion of such prohibition (at some solemne times of fasts & praiers) was grounded vpon the same reason, that the Discipline of France forbad the recei­uing of the communion by the new married couple that [Page 314] daie. Yet he is not thus content to rest in this interpretati­on, but must haue a fling sawcilie to traduce the whole par­lement, as Falling into two palpable absurdities, by want of foresight & due examination. D that they which were in parlement then, had beene powdered but with a little salt of that discretion and forecast, wherewith this man think­eth he is thoroughlie seasoned! Then no doubt some fa­mous church-plat would haue beene hatched, which as yet is but a castle built in the aire, by his owne shallow con­ceit. The first Absurditie in this statute he noteth, in that it is Left to the Archbishops determination, what is repug­nant to scripture, what conuenient for the honour and safe­tie of the prince, & for the wealth and profit of the realme. The first whereof if it should be attributed to any one man (which for the difficultie of meeting vpon euerie occurrent, and other confusion in multitudes, cannot indeed conueni­entlie be otherwise) I doo sée no cause but by common in­tendment, the Archbishop may be holden for as sufficient a man as any one other to decide, what is repugnant or not repugnant to Gods word. Albeit there is no one word in the act, that either yeeldeth the determination hereof, or of the other two vnto him: but rather (as may be collec­ted) the contrarie. For the two bookes of tares, which must conteine the rate of euerie sacultie, that is to passe, and which vsuallie before had béene granted at the Sée of Rome; are by statute to be set downe by the Archbishop, the Lord Chancelor, the Lord Treasurer, and by the two chéefe iustices of both benches, for the time being. But in vnaccustomed cases, the Archbishop can passe no facultie at all, vnlesse the prince or councell shall determine it, and giue licence vnto him so to grant. But if all these Con­trarieties and absurdities that hitherto to the Abstractor vain­lie (as you sée) hath bungled about, should be granted to be in the statute, yet how could the Minor proposition hereby be confirmed (which was his purpose to prooue) that It is not conuenient for hir Highnesse honor and suertie, to leaue [Page 315] any maner of authoritie in the Archbishop to dispense. For there might be some parts of the statute, and some fa­culties absurd, yea all might be so; and yet hir honor and suertie no waie impeached: for Vtile per inutile non vitiatur [...] that which is to no purpose, dooth not hinder that which is to some vse. And if he would haue authoritie of dispensing ta­ken from the Archbishop, and to be giuen vnto hir Maie­stie, in respect of vnlawfulnesse of dispensations, how shall this be lawfull in hir Highnesse royall person, more than in his? And the vanitie also of his Other absurditie is dis­couered, which would therefore euerthrow the whole act, bicause it is vnsitting, he saith, For a subiect to grant a dis­pensation to his souereigne. But albcit there neither is nor can be so frequent an vse of such dispensing with the princes owne person, as was when the statute was made, by reason manie humane lawes brought in by canons of councels were then throughout all this west church suffe­red to be in force, euen with souereigne princes, as about vowes, marriages within certeine degrees of carnall and spirituall (as they termed it) consanguinitie or affinitie, clandestinitie, legitimation of children borne before espou­sals, and such like a number more than now are: yet doo I thinke it too generall simplie to be set downe, that now there can be no vse of anie dispensations at all for the princes owne person, as by examples might be shewed, if it were requisite. For although the person of the prince née­deth not to be dispensed with for the positiue law of man being made by his direction, according to that Dispensa­tion which is a relaxation of law in some particular case, the bond and strength of it otherwise remaining in force: nor can for the law of God, which no man may release in anie particular mans case, the bond of it being perpetuall: yet notwithstanding I doo not see, but by a Dispensation of iustice, which is a true and vpright interpretation and de­claration, that the law of God, of nature, or of nations, ac­cording to the true sense and meaning thereof, hath not [Page 316] place in some particular action, which otherwise might in shéw appeare to be included in the generalitie of them: that in this respect it may be expedient, euen the princes person sundrie times so to be prouided for. And this the ra­ther, bicause by law and naturall reason Nemo secum dispen­sat, no man can impart a dispensation vnto himselfe. So that the Archbishop in such a weightie case, hauing with the best learned in the land maturelie debated the matter with all circumstances, and found vpon pregnant and in­uincible reasons, that it cannot be trulie said to be against anie of the former immutable lawes: if then he shall In perpetuam rei memoriam, in autentike forme vnder his seale set downe this resolution: it cannot iustlie be auowched that the princes honor or prerogatiue is hereby any waie abased, but rather the quiet of his mind well prouided for; and the doubts, which in processe of time might here vpon be cast, wiselie and godlie to be met with, for the profit and benefit of the realme. Neither can such dispensation, touching the princes owne naturall person in matter of conscience, or of some positiue ecclesiasticall law, which rea­cheth vnto him, be any more derogatorie to his honor or royall prerogatiue: than 1. Hen. 7, 4. when the iudges of the land did determine, that the attainder by parlement of the person of the noble king Henrie the seauenth, was vpon his call­ing to the crowne, by the verie operation of the law adnul­led and discharged. Or when Archbishop Cranmer gaue sentence for the nullitie of marriage contracted betwixt king Henrie the eight, and ladie Katharine Dowager, his late brothers wife. Whereby may also be perceiued, that the difference, which the Abstractor taketh betwixt the iudgements of the iustices and the dispensations of the Archbishop, as not touching the kings owne person, like as dispensations doo, to be destitute of footing, or sound and good ground to stand vpon. And although in words he séeme outwardlie thus to tender hir Maiesties honour and prerogatiue; yet the place which he alledgeth out of the ci­uill [Page 317] lawe looketh a cleane contrarie waie. For thereby he would subiect the princes person to his owne positiue laws euen of necessitie; bicause in the ciuill law the Imp. Theo­dos. & Valen­tinian. in l. digna vox. C. de legib. &c. emperors say: It is a word worthy the maiestie of a ruler, to acknow­ledge himselfe as cheefe tied vnto lawes. Whereas neuer­thelesse the emperors speaking else-where in the same law, doo saie thus of themselues: Although Seuerus & Anthoninus §. vlt. instit. quibus mo­dis testa. in­firmentur l. princeps ff. de legibus. we are not bound by lawes, yet we liue according to them. So that by the law which he alledgeth, the verie contrarie vnto his position, might seeme to be gathered: bicause, if the person of the prince be tied by the bond of the positiue lawe, then should a dispensation be as requisite sometimes for him, as for any other which in like maner is tied and bound vn­to it. Some doo reconcile these lawes thus: That a soue­reigne prince is therefore not said to be bound by lawes, bicause he may abrogate them at his pleasure. Other saie, that he is tied onelie to the law of nature and of nations, but not to positiue lawes. A third sort doo hold with good probabilitie, that he is bound to positiue lawes according to their force Directiue, but not Correctiue, to be directed by them, so farre as may concerne him, but not to be cor­rected of them; neither yet that of necessitie he is to be di­rected by them, but of congruencie and conueniencie onlie according Claudianus de 4. consula­ [...]u Honorij. to that:

And so is the king of 5. E. 4. 32. 39. H. 6. 39. England also tied to some posi­tiue lawes, according to the iudgement of the iustices. Yea it is in this respect honourable to the prince to suffer him­selfe to be directed by godlie ecclesiasticall lawes, not im­pugning his prerogatiue, except good cause may be alled­ged of relaxation. And therefore the Dishonour and dan­ger [Page 318] to hir Highnesse, which in the Minor he assumeth, we are easilie deliuered of, till he can shew better cards for it. And where he extendeth this reason of Dishonour, to in­fringe all dispensations granted likewise to subiects, he is not so well aduised as he might be. For seeing it is necessa­rie, vpon sundrie weightie occasions, that immunities and dispensations for Preamble of the statute 25. Hen. 8. ca. 21. humane lawes be granted to some aboue other, and the ambiguities of Gods law, and of the law of nature in some cases to be declared and interpre­ted: it were more dishonorable to hir Maiestie to attend these meaner matters from time to time in hir owne per­son, than it can be in the woorst construction, to put them ouer to some of hir subiects. And as it cannot be conueni­ent for hir Highnes to attend in person the execution here­of: so hir royall dignitie is no waie impeached by yeelding this authoritie to the Archbishop, who must (where cause re­quireth) performe this dutie but as a minister herein to hir Maiestie and the state: and who cannot dispense as he list, but with confirmation vnder the great seale of Eng­land, as the statute dooth limit. Yet he importuneth hir Maiestie still, by telling hir what hir Highnesse most noble father would haue done (if he had Vnderstood so much as the Abstractor dooth) not onelie to take dispensations a­waie from the Archbishop, but belike in regard of them, to take him awaie also, as he did An Abbat: a match truelie and comparison as vnlike, as if we should compare the Abstractor to an honest modest man. And for this end he exhorteth hir Maiestie to Submit hir selfe to the scepter of Gods word, as though she had not done it hitherto. But he and all the knot of them, by these spéeches doo indeed vnder­stand the submission & licking of the dust of their Seniorie and Eldership, which is neither dishonourable (for sooth) nor so dangerous to hir Highnesse, as is the committing ouerof dispensing (in causes requisite) vnto the Archbishop, bi­cause they amongst them haue so concluded, that it shall be, touching the perill To hir Maiesties honor and safetie, [Page 317] which groweth By the Archbishops dispensing in matters repugnant to the holie scriptures, vpon a corrupt con­struction, a sinister iudgement, and not right discerning what things be repugnant to scripture, it shall easilie be yeelded vnto, that it is neither for hir Maiesties honour nor safetie, to suffer the lawes of God to be broken; albeit those words of the statute (as haue béene shewed) doo not extend vnto all dispensations, by vertue thereof to be gran­ted. But first he and his complices must beat their sconses a while, to teach the Archbishop how he ought aright to construe, to iudge, and to discerne the scriptures, where vn­to (as he saith) his dispensations are repugnant belike ac­cording to some anagogicall, tropologicall, or cabalisticall sense of their owne deuise, wherof they haue perhaps drea­med. Yea, and all this adoo, which he maketh about dispensa­tions to the princes person, is vnseasonable and imperti­nent wholie to the matter in hand, concerning the validi­tie or inualiditie in law of dispensations for pluralities: and therefore might with better prouision to his owne cre­dit, haue béene spared.

16. Section. Pag. 140, 141, 142. 143, 144, 145.

THe Abstractor, which thinketh he hath found Absurditie in the Statute, goeth on still in his owne absurd dea­ling: purposing to shew as well by statute as by the Canon law certeine adiuncts necessarilie to be obserued in these dispensations, which he in this whole treatise laboureth to prooue by both the said lawes to be vnlawfull. Which course must néeds séeme to wise men a strange peece of worke, that those lawes which doo con­demne them, should so exactlie describe their properties and circumstances, in what maner, with what care, and to what kind of persons they ought to be granted. And first of [Page 320] all he here woundeth the smoke verie deepelie, and fighteth valiantlie with his owne shadow, in that he would prooue Pouertie to be no sufficient cause of dispensation: and that euerie one dispensed with alreadie for pluralitie, can not iustlie be reputed for a poore man: neither of which I did e­uer heare by anie man hitherto to haue béene mainteined. But in going ouer his proofes hereof, I must put him in mind, that Rebuff his first witnes hereto produced, though he allow not of pouertie for a sufficient cause of it selfe: yet he insinuateth thus much, that being ioined with wor­thinesse, it is adminiculant (as we call it,) and that it addeth weight to desert, for procuring of a dispensation. For in deed, as it is reason, that a man worthie and able to profit the church, should haue sufficient maintenance, though it be by mo benefices than one, for supplie of his ne­cessitie, and towards hospitalitie: so if he be of sufficient patrimonie otherwise, though he be neuer so worthie, and his ecclesiasticall liuing be euen vnder a mediocritie: then there is lesse cause a great deale, why he should looke for an­other. And againe, the same author by him vouched dooth directlie decide, that A dispensation tending to the profit of the church, or vpon necessitie, is lawfull. And therefore by his owne witnesse, which in law he can not refuse, the scope & drift of his whole treatise is againe ouerthrowne. And where he addeth, that he which hath taken a small li­uing, may not in anie case séeke to augment it: if his bare words did make law, then surelie ecclesiasticall liuings, which be but small, would hardlie be furnished. Yea, the reasons, which to this end he bringeth, are as trulie verified of anie temporall liuing, as of ecclesiasticall. But what if both the sufficiencie of the ministers gifts by his owne in­bustrie, and by the blessing of God doo notablie increase, and his congregation also be multiplied more and more in people, or if his domesticall charge arise by number of chil­dren, or by their sickenes; may he not seeke some augmen­tation of his liuing? Truelie this deuise ioined with that [Page 321] which followeth, of driuing ministers to furnish the wants of their maintenance by Some handie craft and labour, is an open window, to draw them from studie, and so to igno­rance, barbarisme, sauage wildnesse, contempt with all men, and finallie it leuelleth directlie at the ouerthrow of all religion. The first place, which to this end he quoteth, dooth not speake to that purpose whervnto it seemeth to be brought: but 32. q. 5. c. horrendus. that Whatsoeuer hath once pleased a man, ought not anie more to displease him. Now he that ha­uing too small a liuing to mainteine him, seeketh a further supplie by another: dooth it not vpon anie mislike of the former. And therefore it might better haue beene applied to infer, that a man may not of his owne head relinquish his benefice; yea, it is not generall without his limitati­ons: but is speciallie to be vnderstood, where by variance in liking, a preiudice to another man may rise. Which incon­uenience if it be met with by the iudgment of the Ordina­rie, whom the law authoriseth to iudge of the exigence of the cause, fit for relinquishment of his former liuing: then that rule dooth cease. For else should all translations and shiftings frō one congregation to another, vpon sufficient ground (both allowed by law, and practise of most refor­med churches) be vtterlie vnlawfull. The next being crosse quoted with the former, and c. sanctorū. 70. dist. which he saith is Law in truth, dooth varie in verie deed, from the canon it selfe: which hath nothing tending that waie, either of Preiudice growen vn­to him that hath receiued a small benefice, or of seeking his liuing by his owne craft, but onlie thus: In what church soeuer a man is intituled vnto, in that let him perpetuallie remaine. Not as though a man might not vpon some oc­casion renounce and resigne his benefice into his Ordina­ries hands: but that he hath it by institution for terme of his life, and therefore may not be put out of it against his will, without sufficient cause therevnto, as may appeare by the glosse. That 21. q. 1. c. 1. part of the next place, which requireth a mans continuing in his owne vocation, dooth not touch [Page 322] anie thing now in controuersie, séeing he which hath two benefices, dooth not giue ouer his vocation. As to the o­ther part séeming to counsell a poore clerke to labour with his hands, for the better supplie of his maintenance, by the example of the apostle, it séemeth to me, not to be spoken of the priests and ministers in chiefe cities, but of clearks in inferior orders and degrees, whose attendance in such great churches was then in great numbers practised. Yet the Gl. ibid. in verbo neces­sitatem in [...]ine. glosse answereth it, that Those things were in vse in those daies, but not now wherein God had dealt more li­berallie with the church: and that those things are to be considered according to the qualitie of the person, and site of the church, seeing that which is sufficient for one, is not for another: and the custome of the countrie is herein to be obserued. And mine interpretation is strengthened by the conference of two or three chapters togither, of that distinction which he alledgeth, in which a manifest diuersi­tie may be obserued Inter presbyterum & clericum, a priest and an inferior clearke. For the c. Presbyter c. Clericus. 1. & 2. dist. 91. priest or minister hath in those canons his taske for the whole daie so limited forth, that it will not be possible for him to haue time besides to earne salt to his potage by his handie worke. Yea, the ve­rie glosse Gl. in ver. minus. c. [...]i proponente Ext. de re­script. per c. de monachi [...] infra de Pre­bendis. whence he borrowed all this furniture at one clap, dooth tell him that this course is changed sithence, if it had pleased him to haue looked a little lower. But (saith the glosse) a man is not to be instituted, except so much be as­signed, whereby he may be sufficientlie prouided for, and be able to paie the duties to the Bishop. And by the way the same glosse sheweth, that pouertie is some part of a reason, whervpon to ground a dispensation for pluralitie, though not an entier cause. The example of S. Paule may be answered, that it is not appliable to these times. Bi­cause the gifts of the Holie-ghost, for the furnishing of the worke of the ministerie, are not miraculouslie now be­stowed as they were then, but by the industrie, painefull studie and indeuour of the partie. Therefore if we should [Page 323] set him to a manuall occupation to gaine some part of his liuing by, on the working daies; assuredly his mind would be clogged, his spirits so dull & wearied, his inuention so mechanicall and deuoid of pith on the holie-daies, that it were as good to kéepe him at hedging and diching, or vpon his shopboord still, as to put the poore man any more into the pulpit. And hereby it will come to passe, that if we haue now too manie vnlearned men in the ministerie, with whom the Abstractor is so round in his first treatise; by this deuise of his we shall haue in short time none else but verie dolts and idiots: except he can imagine, that men comming from the Uniuersities, will be content to be pre­ferred from being Scholers to be scauengers, [...]rō Sophi­sters to be shoomakers, from Bachelers to be bakers, from Maisters of art & other Graduats, to be millers or grind­ers, and yet to continue the ministerie still. Much like to the contemptuous surmise of Lucian, that Alexander the great is preferred to sit on a thrée-footed stoole behind a doore in hell, cobling and clowting of old shooes. Naie, though S. Paule was content in that infancie of the church, for auoiding of grudging & murmuring, to earne some part of his liuing by tent-making, that he might thereby spare the churches more, and the rather thereby to allure them to liking of that, which was not chargeable vnto them: yet in sundrie places it is not obscurelie signi­fied, that both he might haue exacted his entier mainte­nance of them, & that they in dutie were bound to procure him, in all necessarie worldlie reliefe. Furthermore, we Incon­stancie. are to note, that he which could find but two causes of dis­pensations before, hath now light vpon two more. He al­ledgeth also to prooue, that Pouertie is no sufficient cause of dispensation: the saieng of the apostle applied by the law, that A man hauing food and raiment ought to be ther with content. Wherevnto if he will assume that those, who pur­chase dispensations for mo benefices, haue these things a­fore, wherwith therfore they ought to hold themselues con­tent: [Page 324] then will it (being scripture and not spoken of eccle­siasticall men alone, but of all whomsoeuer) as well serue to prooue, that no man may séeke (be the meanes neuer so honest) the bettering of that his estate, wherein he is at the verie first settled. And yet is it not meant of anie food how little, or anie apparell how meane soeuer, but of a suffi­ciencie in both, according to the calling and degrée of the person: and is but set downe to meet with the couetous, vn­measurable, and distrustfull desire of riches, which when we haue atteined them in highest measure, can yeeld none o­ther necessarie vse at all, but that which tendeth either to the one or the other. Now, he going on this course, saith: that he which knowing the smalnesse of a liuing, hath vn­dertaken it, hath therby debarred himselfe of all iust cause to forethinke him, séeing it was his owne follie to prouide at the first no better for himselfe. Which he prooueth by no other ground, but that which hath beene answered before. And if none of this will serue, yet will he by examples of two men shew, that no pluralitie-man wanteth liuing, or may pretend anie necessitie: but so childishlic & ridiculous­lie, that I am faine euen to blush in his behalfe. For when a man hath alreadie a pluralitie of benefices (as he surmi­seth) though they may be such as be farre from a compe­tencie The Abstra­ctor his foo­lish malici­ous mirth. of liuing: then there is no likelihood that he would desire that which he hath, or more which can not be had, or yet alledge or pretend want, when it is as far supplied, as law dooth yeeld. But if these two whosoeuer, with whom he thus plaieth (vpon enuie no doubt to the great gifts of God in them, and malice to their persons) neither iustlie can nor yet will pretend anie want of liuing, but will humblie and thankfullie acknowledge in modestie, that God hath dealt verie mercifullie with them aboue manie of their bretheren: dooth it hereof follow, that none other hauing but one benefice, can iustlie pretend insufficiencie of maintenance, whereby he may be induced by ordinarie meanes to procure an increase thereof? O shallow and [Page 325] barren pate, or else brasen forehead, which dare thrust out into this learned age, such doltish yet malicious fooleries! But we may sée by his dealing here, that there is more lu­stie spirits in this man, than are leapes in a beare. [...] Now therefore to an­swer his mild question in the like key: may a melancho­like mate, a shifting corner-creeper, who in corporat townes where he commeth, is of all spices most afraid of mace, whose credit is so cracked, that euerie man will be as readie to giue him trust vpon the paring of his nailes, or pawning of an old razor, as vpon his single bond: whose learning in law is not woorth a liard, whose reasoning is rude, whose modestie is not woorth a mite, may (I saie) such a sonne of the earth with toleration of good men, in an in­famous libell renew the practise of the old comedie, and plaie both foole and vice himself, cynicallie to nip such men (as is thought he dooth in this plaie) in comparison of whom he is in all respects but riffe raffe, and as base as a verie dishclout? If he be such, as I haue described, who hath doone them this iniurie: then doo I bowle at him, & would hit him full patch. But if there be none such, then I doo on­lie aske the question, and put the case. But whosoeuer they be, that will speake and write which they ought not, let them be assured, that in the necessarie defense of the good and learned, whom they thus maliciouslie doo traduce, they shall heare that which they would not, nor yet happilie looke for. But their iniustice, which he exclaimeth of, and will (as he saith) Descrie and discouer by law, he had need for the co­uering of his owne shame, and his corrupt or loose dea­ling, to decrie and call backe againe. For the verie Gl. in verb. tenues c. ean [...] te Ext. de e­tate & qual. glosse vpon the place which belike made him vnwilling to quote it, dooth bewraie his packing and fond collection, as though there were no cause of reteining mo benefices, but when they are verie small, whereas that verie glosse gathereth in a verse other causes also, which I haue tou­ched afore.

And bicause he saw that this ouerthrew his former de­uise, whereby he affirmed, that a man hauing once made choise of a benefice, be it great or small, might not séeke a­nie augmentation: therefore as a pope which is fained to haue all lawes and interpretations In scrinio pectoris, he ta­keth vpon him to declare, that this lawfull inioieng of two small benefices, is to be vnderstood onlie, when as the one of them being a competent liuing at his entrance, is by some casualtie afterwards impouerished, euen cleane contrarie to the circumstance of the place: and so by his owne bold surmise, he dareth to distinguish against law, where the law maketh no such distinction. Which like dexte­ritie also dooth he handle that matter, where it may iustlie be said, that churches are (to the effect afore mentioned) small in reuenue. For 10. q. 3. 6. vnio. the canon, which he hath wrong quoted, dooth not once mention smalnesse in reuenue, which he would haue vs beléeue, that it goeth about to define: but onlie a politike direction is there set downe in a coun­cell, according to the vse of those times, for Bishops to looke vnto, in vniting of parishes, which were meet to be gouer­ned by one priest. Ecclesia quae vsque ad decem habuit mancipia, super se habeat sacerdotem, quae verò minùs, alijs coniungatur eccle­sijs: That church which at the least had ten seruants or bond­men, let it haue a priest ouer it, and that which hath lesse let it be ioined vnto other churches. That which this canon set­teth downe for an estimat of some sufficiencie of reue­nue, by the bondment belonging to the propertie of the church: the Abstractor ignorantlie and vntrulie dooth tran­state Corrupt & ignorant translati­ons. Housholds, and would hereby gather wheresoeuer ten housholds be, that there the ministers maintenance will rise to a full sufficiencie. But I would wish those which thinke so, might be tried but for seauen yeares togi­ther, how they could mainteine themselues, and what hos­pitalitie [Page 327] they would vse by the tythes, offrings, or contribu­tions from some seuerall score of housholds which I could name vnto them. For as at the first the chiefe of euerie priuate mans wealth consisted In pecudibus & pecoribus, in cattell, shéepe and goates, whereupon it came to be called Pecunia: so, about the florishing time of the monarchie of Rome, the chiefest part of their wealth either consisted or was esteemed Permancipia, by the number of their seruants and bondmen. In somuch that this word did herevpon, and by their manner of selling Per mancipationem then vsed, come to signifie all their moueable goods, as Praedia heredi­taments, signified their vnmoueables. Not L. 3. Offic. onelie (saith Tullie) in lands or hereditaments, the ciuill law drawne from nature dooth punish ill dealing and guile, but also all deceit of fellers is excluded in the sale Mancipiorum of mooueables. And againe, It is manifest (saith L. 3. ff. de di­uers. tempo. praescript. the law that prescription of long time hath place, Tam in praedijs, quàm in mancipijs, as well in vnmooueables, as in mooueables. Whereby appeareth that not the Pluralists, but the Abstra­ctor, is ignorantlie or Wilfullie blind, which can make by a strange Alchimie of one bondman a whole houshold, and of ten of them a sufficient parish, in déed fit inough to mainteine such a profound doctor as he himselfe is. That which he alledgeth out of Rebuff. against the practise of the Pope and church of Rome, which rather in dispensa­tions respect the vtilitie of the partie than of the church (which ought chieflie to be regarded) perteineth to be de­fended by the patrones of poperie, and not to this church of England, against which his forces are bent. Yet it ar­gueth, both that the benefiting of the partie, though not chieflie may be respected, and that a dispensation may in truth tend to the benefit of the church, and therefore may be lawfull euen by his owne confession.

17. Section. Pag. 145, 146, 147, 148, 149, 150, 151.

THis man surelie hath a great gift of a little more boldnesse than audacitie commeth vnto, which not onelie prouo­keth men to the examination of his wrested, racked, and falsified lawes, but to the hinderance of hir Maiesties ser­uice, and that he and his con [...]ederats, might in the meane time trouble the vnitie of the church, would set hir Highnesse commissioners aworke one a­gainst another, as the diuell in the person of Frier Rush hath béene fained to haue done amongst the couent. Which as he dooth malicioustie, with odious comparisons against the ecclesiasticall men in the said commission: so (I doubt not) but withall his factious flatterie is euen lothsome and importune to all the other imploied in that commission, whome he maketh Sounder and better than the ecclesiasti­call men, and not onelie Godlie (as they are indéed) but so farre foorth, as though he could not bestow this Epither vp­on any of the other, without derogation from them. Which if it be not to sowe the seeds of dissention amongst the great men of the land, I know not well what may be so accompted. But those ecclesiasticall men in commission, whome he so sawcilie debaseth, are I hope all of them so borne vp with a good conscience, that they feare not either the virulent and spitefull accusations of any such Gra­chus or Saturnius as this is, neither are they afraid to haue their dooings orderlie sifted by whomsoeuer. The lawes, which he would haue at his intreatie some of The com­missioners to put in execution, doo make void (he saith) euerie dispensation granted for longer time than for sea­uen yeares, to the enioieng of mo benefices than one. But if the proofes which he hath alreadie brought to prooue them Contra­ [...] to be vnlawfull, as being against Gods lawe and mans [Page 329] lawe, be so substantiall, as he would beare the simple in hand: then come in these Lawes here to no purpose, euen a daie after the faire. For if no law warrant them, they are void in themselues without anie further respect had vnto any circumstances about their granting. But a lit­tle to runne ouer his proofes. The first speaketh not of dis­pensations for pluralitie, nor of the making void of them, nor of any limitation of time to inioy them, or to grant them: but onelie, that by ordinarie course of law, a man is to be resident in his benefice, albeit for a time and vpon a reasonable cause, the Ordinarie may dispense with him for his non residence. The glosse thereof he hath falsified. For it saith not, that the Pope cannot, but that he which Falsificatiō. was then Pope did not giue faculties of perpetuall non residence, such as were granted by his predecessor. And he resoneth (as his vse is) like a deepe Logician, A specie ad ge­nus negatiuè; Bicause dispensations for non residence may An absurd reason. not be granted during life, Therefore no dispensations at all may be perpetuall. The like may be answered to the next place, which speaketh not of a facultie for pluralitie, but De non promouendo. Whereby such as were students a­broad, might be suffered to reteine a benefice by the space of seauen yeares, without taking anie further orders than subdeaconship: which thing neuertheles the Abstractor did omit, and dooth cut off with an, &c. But in the c. cum ex eo de elect. in. 6. preface of this constitution, we haue an euident example to admo­nish vs of the necessarie reteining of some authoritie to dispense: least lawes being generallie made for publike good, by occurrences falling out afterward, (which could not be at the first foreséene) be turned indeed to the damage and detriment of the church. For in this constitution it is reported, how by reason of a canon made in the councell of Lyons, which exacted that within one yere he that would inioy a benefice, should necessarilie become préest: that few or none which were learned, or meant to increase their knowledge, would accept of anie parochiall benefice. [Page 330] Whervpon the Bishop of Rome was now vrged to grant vnto Bishops libertie of dispensing for the space of seauen yeares, to such as would be subdeacons, De non promouendo, so they continued in some place of studie. But what is this to the practise of our church, which hath by statute no facul­tie in force for a beneficed person with cure of soule De non promouendo. For he must needs be of a certeine age, and a 13. Eliz. c. 12. deacon, before he can be admitted to such a benefice: and within a yeare after he must be full minister vpon the pe­naltie and losse of his liuing, Ipso facto. And yet vpon the like danger, for the which it was not thought méet that this kind of facultie should be granted during life: he vrgeth the cutting off at the seauen yeares end, of the validitie of dispensations also for pluralitie. But I answer, that this constitution is penall and strict, and therefore not to re­ceiue anie such extension: That the rule that the same reason maketh the like law hath manie limitations, where­of some may be found to be appliable to this case, and are touched in the former treatise: and lastlie, that in these two faculties the reasons be not alike. For he that inioieth a pluralitie, gouerneth and profiteth the church by his lear­ning atteined in that place where he maketh his resiance: whereas, if a dispensation De non promouendo, during the time he would remaine at studie, should indefinitlie be granted without limitation, then the partie might conti­nuallie be a learner without euer profiting (by instruction) any part of the church in any place where [...]oeuer. Yea, the law decideth this controuersie, by permitting the grant of the one dispensation for life, and making the other but tem­porarie, which is aboue all dispute. So that although he that is dispensed with to inioy two benefices, be not ac­compted directlie to haue a facultie of non residence, they two being diuerse: yet is it by law ( Gl. in c. in tantum Ext. de Praeb. as to other accessa­ries necessarilie consecutiue, without the which it could not else sort to effect) to be extended also to conteine and implie this facultie, Gl. in c. non potest de prae. in 6. Fely. in c. fin. Ext. de Si­mon. Ias. in l. beneficium ff. de const. prin­cipum. Pa­norm. in c. ex­tirpand [...] §. qui verò Ext. de Prebend. that he need but to reside in the One [Page 331] of his benefices, bicause no man can be personallie resi­dent in two churches at one time. Therefore out of the pre­misses I answer to his Maior proposition two waies. First, that if dispensation be taken for an administration of iustice and right, as it is sometimes vsed, then is the ve­rie collation and institution of a worthie man, a facultie whereby he may inioy the fruits of a parish church during life, though not in his absence which is not here expressed: and in this sense his Maior is vntrue, as making all such to be void. Againe, there lurketh a fallacie in the equiuo­cation of the word Granted. For if it be vnderstood of an expresse grant to him that shall be absent (as I thinke he meaneth) which is a direct facultie for non residence, and be granted by an inferiour since the making of that constitu­tion, considering no absolute or souereigne prince (such as the pope claimeth to be) can thereby be tied otherwise than voluntarilie, Quia par in parem non habet imperium: then will I grant his conclusion. But if he will extend the word granted so far, as to carie all such grants, whether expreslie so conceiued, or but by implication onelie: then is it to be denied as false: bicause in a dispensation for pluralitie, by the secret operation of lawe, a faculitie of non residence vpon the one or the other benefice is necessarilie implied and allowed (without expressing) euen during the life of the partie. And therefore there is no cause, whie by collusion or indirectlie, the Archbishop should seeke (if he were so desi­rous in that sort to gratifie any man) to renew their fa­culties of pluralities after seauen yeres: séeing he may by law grant them for terme of life; which may necessarilie be thereof inferred, bicause the partie being instituted to a perpetuitie in both, and dispensed with to reteine and keepe them, it cannot be otherwise intended, but that his dispensation shall last so long time, as c. si gratiosae Ext. de rescri. c. satis peruer­sum dist. 66. A confident and false as­seueration. he shall haue title vnto them, which is during his life. Therefore I cannot in truth maruell inough at the confidence of this man, that so generallie dare auowch in the negatiue vpon no more [Page 332] ground then you see, that Before the 25. of H. 8. no facultie was granted at the See of Rome, or by authoritie thereof, for the reteining (as he meaneth) of the fruits of any parish church, longer than for seuen yeares space. When as manie yet liuing, are able to shew autentike buls (whereof some I haue seene) to the contrarie. And Rebuff. who Rebuff. in forma dispen. ad duo. & in verb. quoad vixeris. setteth downe the most ordinarie tenor of them, as they were sped vsuallie in the court of Rome, and maketh an exposi­tion of them, dooth shew that they were not onelie in title but also In commendam granted there for terme of life. Yea, though they had not beene there so granted, yet the 21. H. 8. c. 13 statute which throughout speaketh of Purchasing dispensation, of taking, receiuing, and keeping of two benefices with in­stitution and induction, which bréedeth a title, and that without any limitation or distinction of time, dooth con­uince him of arrogant vanitie in this behalfe. For 25. H. 8. c. 21 the statute for dispensations, dooth not alonelie establish licen­ces accustomed to be granted by the See of Rome (as he vntrulie surmiseth) but reacheth also in some sort vnto dis­pensations for any matter whatsoeuer, not contrarie nor repugnant to the word of God. And if he will affirme these dispensations during life to be contrarie to it, then shall he not be anie more able to excuse those which are granted but for terme of seauen yeares, (which he seemeth to thinke lawfull) than he may doo the other which be perpetuall. And herevpon againe he telleth The commissioners, that ma­nie licences will vpon this point be found void, which hath told vs by the scope of this whole discourse, that all dispen­sations for pluralitie were simplie forbidden by lawe, wherevpon it must néeds follow, that they should be vtter­lie Contra­rietie. void, so that all this labour about making of them void, vpon the Causes and circumstances of granting, is hereby descried to be as needlesse and vaine, as his proofes of the former indeuour were weake and feeble.

18. Sect. Pag. 151, 152, 153, 154, 155, 156.

THe matters conteined in this section (I do take it) may verie con­uenientlie be reduced to these foure heads, that dispensations are to be granted with examination and loo­king into the cause, that they must be granted at and according to the p [...]tition of the partie, that nothing be expressed or concealed, which by likelihood might haue in­duced the iudge to denie the dispensation, and lastlie that he dispense not, but where the law-maker himselfe would haue béene mooued to dispense, by the equitie of the cause, if the case in particular had beene opened vnto him. Now if he meant hereby to instruct the Archbishop how to ob­serue law in granting such dispensations, which he would beare vs in hand are wholie vnlawfull; then hath he sadlie indeuoured himselfe (as the prouerbe is) to be starke mad yet with good reason and discreation. Yet the Archbishop hath perhaps some cause to giue him thanks: which out of that deepe buttrie, and plentifull storehouse of law, where­with by long and painefull studie no doubt he is furnished, hath at the length with much trauell and greeuous throws, brought into the world such a litter of lawes, as the Arch­bishop could not haue had with so apt applications, at the best Ciuilians mouth about the arches, for a thousand pound. But if he meant onlie to informe aforehand those, which shall sit vpon the Commission, which he mindeth to purchase forth, how they may trip the Archbishop for breach of these lawes, which yet For the most part heretofore were vnknowne and vnpractised: then it were requisite he should yer he leape, looke whether his Rapsodies and Sum­maries haue not deceiued him, and whether his collections vpon them, were not something too hastilie ripe for to last out anie long time. That Gl. extra vag. execra. bilis de praeb. ver. vltimo. which he quoteth in the first [Page 334] place, though it be true that a knowledge of the cause must be had, conteineth no such matter at all, that Priuileges be preiudiciall, is neither generallie true, nor yet prooued and confirmed by anie of the lawes which he alledgeth. But that those things which doo bréed preiudice, are to be handled with full knowledge taken of the matter (which he translateth vnskilfully Decision of the cause) are the words of the summarie of that law, and Summa. l. de etate ff. de minoribus. not so full in the verie law it selfe. And yet by the word Preiudice there vsed, a damage or detriment (as it signifieth in our common speech) is not meant; but a foreiudging of one thing impli­ed by another: albeit that other meaning giuen by me else-where to the same place, may be also safelie admitted. That of the Gl. in ver. certa ratione c. sane Ext. de priuileg. per c. petisti. 7. q. 1. consideration of the reason and deliberation to be had in granting a priuilege, are the words of the glosse, and not of the text, gathered by the like example of that canon by him quoted Potuisti in steed of Petisti. The o­ther is too strange a quotation for me to coniecture what should be meant by it, or where it may be heard of. The next likewise to these is such a §. quoted without law, as I can not find in the title whither he directeth me. That Linuito ff. de regulis i [...]ris. follow­ing is not Inuito non debet conferri beneficium, but, Non datur: a benefit is not bestowed of a man which is vnwilling to receiue it. The place out of the c. licet Ae­li. Ext. de si­mon. decretals hath no such matter as he ascribeth to it, but conteineth a good example of it, whereof by waie of argument that may be drawne. And that Summar. l. fin. C de fidei com. liberta­tibus. out of the Code is the summarie onelie gathe­red of that law which is quoted; but he shall neuer prooue good lawyer, Qui sapit tantùm ex summarijs, as one truelie saith. And these be his proofes of the two first heads which he hath as slenderlie (you sée) prooued, as it was in truth su­perfluous to stand vpon such points, which beeing truelie vnderstood, none will denie. Yet if either the looking into the cause or petition of the partie should be omitted, there is no one word here so much as cast out, that in such re­spect the dispensation should be void. But I do coniecture, [Page 335] that (of the Petition of the partie) is brought in by him, a­gainst the vsuall clause Ex mero vel proprio motu: though he doo not plainelie expresse so much. If it be so, then truelie he sheweth his ignorance greatlie therein, for a man may be said to grant of his owne proper or meere motion, al­though the partie made petition: when Bald. in c. nisi Ext. de off. legat. Dec. cons. 51. & pro tenui. C [...]t sen. cō ­sil. 66. Paris. in c. acceden­tes Ext. de preser. Cag­nol. in l. qui cum ali [...] ff. de reg. iuris. as he is not moo­ued to grant, onlie bicause the other desired it, but of a wil­lingnesse also and bountie in himselfe. But how the Ab­stractor should vpon these spéeches ground, (which he was bungling about once before, euen with a contrarietie to himselfe) that no cause may be alledged for obteining of a dispensation, Sauing necessitie and vtilitie of the church, I can not possiblie deuise, except he be inspired with Anaxa­goras spirit Per [...], by Pythagoricall transani­mation, who would make Quidlibet ex quolibet, euen what you will of anie thing. Touching his Syllogisme, I am to saie, that if in his indefinite Minor, assuming Dispensati­ons to be hurtfull and preiudiciall, he will speake like a Logician, with whom propositions of that quantitie are re­puted equiualent with particulars; I will grant that some be such. But if he speake therein as a lawyer, with whom such are correspondent to vniuersall propositions, I doo de­nie it as vntrue. Further I obserue, that he hath ca [...]te­louslie changed the words of the glosse, speaking of Deli­beration and aduisement, and whervpon his Maior should be warranted, into Consultation: as though it were re­quisite in granting of euerie dispensation, to haue a so­lemne conference (of I know not whom or how ma [...]e) to debate the matter. And where by supposall he saemeth to deliuer, that vpon The consultation, a Sentence must be framed to that purpose, and thereto c. sano Ex [...]. de priuilegijs. quoteth a place: it dooth no more serue this turne, than if he should haue al­ledged it for proofe that an armie of men ought also to be present. As touching the third point I doo yeeld, that he which séeketh a dispensation, ought not to suggest or con­ceale any thing outward and in fact, whereby it is proba­ble [Page 336] the iudge might be led to denie such dispensation. And likewise, that an inferior iudge, who is tied in dispensati­ons to the ordinarie course of law, should not dispense in such cases as he is persuaded the superior, who gaue him authoritie, would not dispense in. The first of the places, which to this purpose he bringeth, is either by the printer negligentlie, or by himselfe so peruerselie quoted, that I haue no direction therby to find it. The other place speketh not of dispensing, but of iudging, and decideth that there should lie none appellation, A praefecto praetorio, being the chéefest officer vnder the Emperor, and not much vnlike the L. Chancellor here: bicause it was to be beléeued and presumed, that he would iudge none otherwise than the prince himselfe would: and is not (as he alledgeth) Non aliter iudicare debet, He ought not otherwise to iudge, but it is to be beleeued that he will not iudge. Now to prooue that the parlement, which by act authorized the Archbishop to dispense, would not grant a facultie for two benefices, though all externall circumstances consisting in fact, were in specialtie trulie recounted without concealment of any point materiall & requisite therein to be knowne: he hath deuised a proper new matter and interlude with diuerse interlocutors, neuer plaid before: wherin he plai­eth all the parts himselfe, and one besides. By which in effect he must for his purpose collect thus: The parlement would not grant to some man a dispensation for the retei­ning of two benefices, Therefore it will denie vnto all men. Or thus: To him which hath sufficient alreadie, they of the parlement would denie, Therefore the Archbishop ought also to denie. The first dooth not follow, and the an­tecedent of the second is not necessarilie true. Pag. 142 For the Abstractor himselfe hath deliuered, that Dispensations are not to be granted for the necessitie, or vtilitie of the dis­pensed, but vpō other vrgent necessity, vtilitie of the church, descent from ancient parentage, or for excellent qualities of the mind. All, diuerse, or some one of which may happen [Page 337] to be found in him which hath sufficiencie of maintenance alreadie, by ecclesiasticall preferments. Therefore the Ma­ior of his syllogisme, speaking of the parlement or the Archbishops passing of a dispensation to a man which hath two benefices alreadie, is a vaine and childish supposall of a thing impossible, the law standing as it dooth: for he which presentlie dooth inioy two benefices with cure of soule or parish churches (whereof onelie this treatise speaketh) can not effectuallie be dispensed with for such another. And be­sides the drift of his speeches, it may otherwise be certeine­lie presumed, that he meaneth not in this discourse by Plu­rified men, such of his dearlings as make no scruple of in­ioieng not onlie a Dualitie but a Trialitie, or Totquot of prebends, or such like ecclesiasticall promotions seldome or neuer comming thither to do any dutie: yea, and that with­out anie dispensation, for else it were no bargaine. Yet this is in verie truth the case, which such lawes as he hath brought (so bitterlie inueighing against pluralities) doo for the most part speake of and meane, for that by law they are reputed benefices as well as the rest: yea, although it were but a Prest-monie or pension out of anie ecclesiasti­call preferment, it ought not to be reteined togither with another, without a dispensation. So that, if he deale anie more so strictlie and vnaduisedlie, as to seeke the taking a­waie in generall of all dispensations for mo benefices, and therby call into question or endanger some mens hol­ding of mo prebends, or other ecclesiasticall promotions than one; he may happen haue his proxie of speaking for them reuoked, and be controlled hardlie besides. The Mi­nor also is but a loose and vncerteine coniecture, what the parlement would doo in such a case. For the Abstractor himselfe hath giuen sentence alreadie what they may doo by law, if anie of the for [...] [...]amed inducements be found in a man though otherwise sufficientlie prouided for. Yet further he hath not decided or touched anie proofe of this: if the Archbishop dispense where it is not likelie the parle­ment [Page 338] would so doo, whether thereby the dispensation shall be void? But the statute it selfe dooth Ex superabundanti de­cide all these points, wherevpon the Abstractor so much ploddeth purposelie to make some dispensations void in some other respects: bicause he can not prooue them to be simplie against law, and also for to make the dooings of [...]he Archbishop odious, as though he did passe some faculties in other manner than law would warrant. For the act dooth both set downe that in cases accustomed to be sped at the See of Rome, and also in such as had not beene so ac­customed being first allowed by the prince or his councell (yet alwaies so that they were not contrarie or repugnant to the word of God) the Archbishop might dispense: (for the which purpose also a booke of taxes of all such manner of dispensations in accustomed cases was agréed vpon, and rated out by authoritie thereof) and it dooth besides for the for [...]e and manner of procéeding in granting of them, in­dow the Archbishop and his successors with Full power & authoritie by themselues or by their sufficient and substan­tiall commissarie or deputie, by their discretions from time to time, to grant and dispose, by an instrument vnder the name and seale of the said Archbishop to anie subiect, &c: all maner licences, dispensations, &c. By Gemin. in c. rela [...]. 37. dist. Imol. & Fely. in c. 1. de constit. Rui­nus cons. 18. li. 10. Bart. in l. alio ff. de aliment. & cib. soc. sen. cōs. 170. li. 2. which words of Full power and authoritie, and by their discretions, they doo stand free and exempted (as law dooth teach) from the exact and limited obseruation of the order and course of law po­sitiue concerning the maner of proceeding: and doo onlie rest bound, with the reason of the law of nature, that ther­in they procéed not to deale anie waie dishonestlie. Which condition, euen in such Full and ample authorities whatso­euer, must be L. 1. iunct. l. dotalem l. in fraudē. & l. si a milite. §. 1. & 2. ff. de milit. test. l. 3. §. procu­rator. ff. quod quisque iu­ris. alwaies vnderstood and obserued. Now a Full and free authoritie of Bald. in tra­cta. statut. verb. arbi­trium. disposition, is noted to be of foure sorts in law. First, in the disposition of a mans owne priuate goods, whereby he may choose that which hath lesse equitie, and leaue that which hath greater: l. fidei commissa §. quanquam ff. de legat. 3. iuncta. l. creditor. §. Lucius ff. mandati. [Page 339] Secondlie, when it is not grounded vpon anie ordinarie law: l. ante litem ff. de procur. ibid. libera potestas. Thirdlie, when without anie constraint or commandement of another, a matter is fréelie and willinglie doone: l. siquis maior. C. de transact. & ibi Iason. And fourthlie, that is called full and free authoritie, which néedeth not to obserue the solemni­ties of law: l. 1. ff. de Milit. testam. Whereby it appeareth, that albeit the Abstractor had prooued sufficientlie, not one­lie the said foure circumstances to be requisitie by ordina­rie course of law, in granting dispensations for plurali­ties, but also to haue béene in such sort necessarie, that the omission of anie of them should haue made void the facul­tie granted, and also had proued that in truth they were o­mitted, which he dooth but vainelie and beyond ground of law, barelie surmise: yet would the act of parlement (we see by law) haue deliuered all dispensed persons from anie such néedlesse feare, and the Archbishop and his Commissa­rie from all iust blame.

19. Section. Pag. 156, 157, 158, 159, 160.

IN this section the Abstractor tou­cheth these points especiallie, that a cause for dispensation must be alleged and also prooued; that howsoeuer some causes may perhaps be prooued, yet o­ther some can not, that the cause bée­ing not prooued, maketh the dispensa­tion void, with a declaration of his owne resolute opinion, & of some others, touching such dispensations. Concerning the first three, the answers before made, may suffice. The first of them he would prooue by similitude of other mat­ters: wherein a bare allegation without proofe, is not suf­ficient. Which though it might well be spared, as being no­thing doubtfull, nor necessarilie concludent to his pur­pose: yet I must tell him, that his quotations in the mar­gent doo not warrant that, which is in the discourse. For [Page 340] Bartol. in l. 1. C. de probat. Bartol. in the place quoted, onelie saith: that the plain­tiffe is to prooue his action, as the defendant is his excepti­on. The place quoted out of the Authentikes Collat. §. tenean­tur; and the next Glos. & Doct. in proem. l. 6. are new-found directions; which I cannot for my part skill of: except by the latter of them, he shuld meane the preface vpō the Sext where yet no such thing is found. That Of restitution of a church damnified, wanteth wholie proofe; where he saith, The like is verified of him that is dispossessed of his goods in the time of his absence beyond the seas, and thereto quo­teth, or ment to quote C. consultationibus Ext. de offic. delegati. He is to vnderstand that no such thing to any like purpose is there verified, but that If a man pretended himselfe to haue beene eiected out of possession through wrong or force, by some that is then trauelling abroad about studie or such necessarie occasion, that possession may not be awarded in this case vnto him. Touching the next and se­cond point, though the dispensations we handle, were such as ought to be granted according to the strict course of proceeding in lawe: yet one of the foure causes (which is sufficient) being so easie to be prooued (as he himselfe dooth confesse) we shall not need to expect a concurrence of them all, as he must either here haue insinuated to be requisite, or else must yeeld, that he talketh impertinentlie to the matter. Yet both necessitie and vtilitie to haue beene loo­ked vnto in these dispensations, may be shewed: (though not in the prerogatiue court amongst wils and admini­strations as he gesseth, nor yet as arising by Not teaching the people, as he calmunious [...]ie dooth suggest.) But bicause it is more profitable for the people of two parishes, to haue a learned man sometimes to instruct them, and he thereby to be well mainteined: than that they should be commit­ted to two seuerall men, though abiding with them conti­nuallie, yet not able to preach to anie purpose vnto them. And both the consecution hereof, and the thing it selfe, con­sidering the number of congregations, and the raritie (in [Page 341] comparison of them all) of able preachers in England, is or may be notorious to the world. Yea, and they are forced to take the like course for want of able preachers in other reformed churches abroad, as in Holland, Zeland, and o­ther places at this day, where I wis they haue not all their ministers learned and able preachers: but sundrie simple (though godlie) artisans to serue in their meaner congre­gations. And if he tell vs here, it were better in this case to haue an vnion; though this cannot so be cast, that either the people may or will come togither to one place, but that euen then there must be chapels for easier resort in winter, and for the elder and weaker sort at all times, (which is all one in effect with Pluralitie, séeing the auditorie receiueth partition:) yet it were more thanke-worthie in him, or in any other that could deuise a plat, not onelie how all these and other difficulties, and the inconueniences of innouati­on may be met with in these vnions: but also the meanes how it might be compassed, that patrones should willing­lie relinquish their inheritance herein, or ioine it according to this deuise with others, Per alternas, ternas, aut quaternas vices: or how it may stand with reason, to breake the foun­ders and testators wils in this case, more than in the other. In his entrance into the third point, he contrarieth his Contra­rietie. owne saiengs as well afore, where he assured the commis­sioners they should find Manie dispensations vpon omis­sion of some circumstances to be void, and thervpon their benefices void: as here where he saith: The most part of dispensations to be nothing in effect at all. For here he al­ledgeth manie lawes, onelie to prooue, that such faculties ought to be reuoked and made void in lawe: and so con­foundeth Void in law, and voidable onelie by law. But to this third point I answer; Insomuch the Archbishop hath by statute Full power and authoritie by his discretion to dispense, whereby sufficient cause is alwaie presumed, and he not tied to all these solemnities and circumstances, and for that, neither the places by the Abstractor afore alledged [Page 342] doo make a dispensation simplie void, where such cir­cumstances be omitted, and bicause manie things may be done in other forme and maner than law prescribeth, which are not in that respect void and ad [...]hilate, (as hath béene shewed in the first treatise:) and lastlie, bicause the alle­gation of these omissions is a matter in fact, and by him­selfe but surmised without proofe: that although all his al­legations of law here, were directlie to his purpose, that yet these dispensations are neither void nor voidable. But in the fourth and last place he presseth vs with authoritie of The Lords seruants, who speake against them, preach against them, and write against them. Indeed a man may be the Lords seruant, and so doo: though thereby it dooth not follow, that either they doo well and aduisedlie therein; or that they perfectlie vnderstand the matter, and the exi­gence of the cause, or that therefore the thing is impious and wicked. I haue knowne as great & greater exclama­tion vsed against meere indifferent things, (now by them confessed so to be) as though they had béene either simp­lie impious, or so fowlie abused that they could not haue any tollerable vse, euen by as godlie and learned men as these are, which now he speaketh of. But it is the abuse of some few carelesse men, and not of the matter it selfe which giueth occasion of that offense which is taken: and it were vnreasonable, bicause caterpillers some yeare haue bred in your orchards, in that respect to hew downe all your trees. The philosopher saith: Whatsoeuer hath his vse, may be abused, sauing vertue. And so, whatsoeuer may be abu­sed, being not simplie vicious and wicked, may be well v­sed. And it is not the continuall aboad amongst their pa­rishoners (which none of them all doo) nor the often, but the sound, orderlie, and pithie preaching vpon necessarie points, that dischargeth the dutie of the pastor, who may be in truth as bad as Non resident, though he were continu­allie nailed to the pulpit, as Luther once pleasantlie spake of Pomeran. And those which by following this theame, doo [Page 343] shoot at nothing else, but to tie vp a good and learned di­uine, to a petit and meane salarie by yeare: let them be assured, that desolation of the exact studie of diuinitie, and other good learning, whereby onelie the papist, and other heretikes are suppressed, and barbarisme is kept out, will follow after a beggerlie and contemptuous cleargie, when as by their liuing they shall be scarse able to find them­selues and their families: and therefore much lesse be able to furnish themselues with such bookes as are requisite to atteine vnto any exactnesse or maturitie in learning. The lamentable experience of which decaie of learning, by the smalnesse of church liuings, some notable churches and common-weales of the other side do alreadie partlie féele, but the wiser sort of them doo more feare to smart for, hereafter. And therefore, where the Abstractor assumeth, that the cause and reason wherevpon such dispensations were vsed, dooth cease, and would thereby gather that the effect should cease: I saie, that when he or any other shall haue prooued, that not onelie some one cause thereof, but all the causes; and not Arg. l. 1. §. sextan ff. de postulando. onelie the impulsiue, but also the finall causes of it are ceased: then (as law willeth) I must grant the act in that point to be laid on sleepe, and not to be put in vre, till some of the same causes shall happen againe. But besides his owne assurances, which are sure and good inough, for anie such as will trust him vpon so sufficient securitie: he inforceth this matter by the words Of a law­yer (he saith) of singular iudgement. Whereas now for any thing we know of him at his hands he may be who he will: peraduenture the famous Grangousier, grand-father to prince Pantagruel, or some such great renowmed clearke as he was said to be, which first in this world deuised to plaie at dice with a paire of spectacles on his nose. But it may be that one cause hereof was, bicause he would not séeme to haue taken so much of Rebuff. by waie of loane and vpon credit, which yet is no blemish for such déepe law­yers as he and I are: and another, bicause he hath falsified Falsificatiō. [Page 344] his author (I know not in whose fauor) by translating, quid debet ecclesia Dei plurium nobilium vanitati, vt patrimonio Iesu Christi dilectissimi sponsi sui, &c: alat accipitres, educat canes, &c: thus; What? Shall the church of God, the best beloo­ued spouse of Iesus Christ, &c: feed hawkes? bring vp dogs? &c. Whereas in truth it is: What dooth the church of God owe vnto the vanitie of manie noble men, that with the patrimonie of Iesus Christ, &c: it should féed hawkes, bring vp dogs, &c. But the great learned lawyer him­selfe, whome he indéed meaneth, euen Bernardus Diazius, and whome Rebuff. de dispens. ad plur. bene. [...]. 60. Rebuff. termeth a reuerend father, dooth in the next words following declare, that he directed this inuec­tiue Against husbandmens sonnes more vnlearned than their parents, which Illicitis modis plura occupant beneficia, by vnlawfull meanes doo occupie manie benefices: and also against such, which being neuer so cunning, or how lear­ned soeuer, Doctrina sua nunquam Catholicae ecclesiae profuerunt, nec prodesse curant: yet did neuer by their learning profit the catholike church, nor euer care to do good in it. The peremp­torie iudgement of Rebuff. which he afterward alledgeth, Ibidem nu [...] 84. fol. 249. but wrong quoted, is somewhat too sparinglie by him translated in that word, Si perperàm concessa sit: if it be gran­ted vnorderlie: whereas it should be, If it be naughtilie granted. And it is grounded vpon a false principle of po­perie, that he which breaketh euen the positiue [...]w of the pope Rebuff. de dispensat. ad plura benefic. [...]. 22. (such as the prohibition of pluralitie is,) dooth (as they terme it) sinne mortallie, euen directlie and immedi­atlie against conscience, which is no small part of his An­tichristianisme, whereby he sought to sit in the consciences of men. Yet thus much may be gathered of this saieng, that where it is orderlie granted as law prescribeth, there it carrieth not in his iudgement any danger with it vnto either partie, the condition of it thereby ceasing.

20. Section. Pag. 161, 162, 163.

BUt now hauing so substantiaslie (as you haue heard) ouerthrowne all dispensations, he was belike afraid he should be iustlie called Coràm for inforcing so violentlie a diminution of hir Maiesties reuenues, arising by the taxes of them. To salue vp which sore, he letteth all other faculties alone; wherein hir Highnesse must (at his request) sit downe by the losse: and for thrée of them, that is, Dispensations for simonie, non re­sidence, and mani [...] benefices, he dooth assure hir Maiestie vpon the credit of his arythmetike and auditorship, that They are indeed a great diminishing of hir reuenues. But albeit he laie out all thrée in his conclusion to be proo­ued, yet he dooth not in his proofes once name the facultie of non residence, which by no shadowe can preiudice hir Maiesties cofers. And when he should descend to the cast­ing foorth of his proportions, and extraction of the root, by the rule of Coss. and Algebra: he misseth the principall matter (euen his taxes) to worke vpon, and leaueth in his Booke a blanke or a glasse window, for anie such to glaze vp, as come and will doo him that fauour, so that, Cùm desint vires, tamen est laudanda voluntas. The man was willing to haue doone somewhat, if he could but haue told what to haue said.

That the facultie for Simonie commited, is a diminution to hir Maiesties reuenues he prooueth (supposing first the tax thereof to hir Maiestie to be in shillings, whereas it is indéed in pounds:) bicause if the partie dispensed with for simonie were depriued for it, then hir Highnesse should reape more benefit a great deale, by the first fruits of the next incumbent than the taxe mounteth vnto. But how is the Abstractor here become so strict laced, as to call for their depriuing, whose fault (in waie of gratification of si­monicall [Page 346] patrons) he almost wholie excused in the former treatise? The truth is, this kind of dispensation is verie seldome vsed, bicause most of those which are guiltie of that fault doo deale so closelie, and are so iustlie doubtfull of ob­teining it vpon petition, that they hold it better (without o­pening of themselues) to sit still quietlie. Whereby it can not easilie be put in practise, but where some not knowing the rigor of the canon herein (which condemneth for simo­nie euen entreatie and meanes-making, and that recom­pense also which is but conceiued in hart, perhaps onelie in waie of thankfulnesse after, so the same may vpon ne­cessarie circumstances be gathered) and therefore of sim­plicitie without corrupt meaning falling into it, and fea­ring the malice of those, which stand hardlie affected to them, are forced for their further safegard, to procure this facultie. It may haue a good and a commendable vse be­sides, where an old man meaning to resigne, treateth in simplicitie with him which is to succeed for a pension accor­ding to lawe, without the Ordinaries priuitie: or where two beneficed persons in good and plaine meaning, with­out allowance of the cause by the Ordinarie, doo deale a­bout a change of their benefices: or where a man is cir­cumuented by suborned witnesses, and depriued for it without remedie of appellation, and the ill dealing is dete­cted afterward. In which & in like cases it is meet that they should be restored to their ministerie and liuing, if they be otherwise vnspotted, and be profitable to the church. And I verelie doo persuade my selfe, that hir Maiestie would be loth in such cases to haue them depriued, that the might haue the first-fruits of their benefices, as the Abstractor dishonorablie would ins [...]uat. Yea, and those also are di­rectlie within compasse of that simonie, which we call Men­talis, of mind onelie: which sée well inough what is meant by their patrons, but willinglie doo winke, and so enthrall themselues (by large bonds to their patrones vpon war­ning prefixed to resigne) either to grant a lease for a little [Page 347] to paie, or to packe. Whom assuredlie I doo so little pitie, that I thinke them as vnworthie to obteine a dispensa­tion, for dallieng with the law and their owne conscience, as those other merchants which bluntlie go to worke, agree with their patrone, pitch and paie.

That dispensations for manie benefices (which is the last of the three) is a decrease of hir Maiesties reuenues, he would prooue thus: bicause they being hereby in a few mens hands, doo not fall void so often as they would doo, if euerie seuerall man had a seuerall benefice, and thereby hir Highnes first-fruits are not so often paid ouer as they might be. For the discussing of which weightie point, let vs imagine that a hundred men haue two hundred bene­fices, and on the other side, that two hundred men haue two hundred benefices. Now, can anie man giue a rea­son, why it is not as likelie, that ten men of the one hun­dred shall die in one yeare, as twentie of the two hun­dred, seeing it is the same proportion? Then (I praie you) what difference or alteration to hir Highnesse treasure is it, whether twentie benefices fall void by the death of ten men, or the same number become void, by the death of twentie seuerall persons in one yeare? So that, if hereby there arise no diminution, and the taxe for the dispensation be an increase of the reuenues, then shall the Abstractors argument Ab vtili, be found to be scarse to his owne ho­nestie and credit. And if the time of expectance of the auoi­dance of his benefices which hath two, did worke anie di­uersitie betwixt the two cases: yet were this delaie of time sufficientlie recompensed vnto hir Maiestie by the taxe of dispensation paid to hir cofers. Yea, if those which haue mo benefices, doo fat vp and grease themselues (as he afore obiecteth:) hir Maiestie shall be in great likelihood to haue first-fruits paid ouer for both their benefices, much sooner than for him that liueth vpon one, more [...]rugallie and sparinglie: yea, and further these times are so quarel­some, that by one quirke or other of circumstance about [Page 348] them and their dispensations which haue two benefices, more auoidances a great deale doo happen; than in such seuerall benefices, which are and haue beene inioied for the most part by seuerall men, as dailie experience teacheth,

Now, for the better remouing of a scruple, which happilie might be obiected by some vnskilfull man against all dis­pensations priuileges, indulgences, exemptions, par­dons, and immunities, whose effects are either To benefit, to exempt, to helpe, or to release: I hope it will not seeme impertinent to speake something. For it may be alledged, that the office and nature of a law is generallie and in common to ordeine, concerning the guiding of the af­faires of men, as Aristotle teacheth in his Politikes. And the law L. 5. ff. de legibus. saith that Lawes are to be applied rather to those matters which happen easilie & often, than to those which chance but seldome. And L. 1. ibid. againe, A law is a common commandement: where vpon it séemeth, that the old law­giuers among the Romans, as holding it vnequall to set downe lawes, which were not to reach indifferentlie vnto all in generall, did 12. Tabule. decrée thus: Priuilegia ne irroganto, let no priuileges be granted. In which respect a L. 16. ff. de legibus. priuilege is described, That it is a singular right or law, which for some vtilitie, by authoritie of the lawmakers, established against the tenor of reason. Whereby it might séeme, that all immunities are vnlawfull. But it is to be answered hervnto, that the naturall iustice and reason, wherby mans mind is directed vnto ciuill societies, dooth not alonelie rest in the generalitie of lawes, but aduisedlie weieth by the circumstances, whether right to all men be well distribu­ted in them, whervpon the Graecians called the law vou [...], as it were a distribution. So that if anie person vpon something especiallie considerable, be not well and iustlie prouided for, vnder the common and generall precept of lawe: then he is to be respected [...] a priuate and speciall law, wherevpon the name of [...]lege floweth, Quasi pri­ua, id est, priuata lex, as [...] Romans vsed to speake. For [Page 349] not onelie they, but all other nations, as they afterwards grew more prudent daie by daie, through long experience and vse of things, did well perceiue that no law generallie written, without all moderation by circumstances occur­rent, could possiblie but deliuer, in stéed of right, often­times plaine iniurie and tyrannie: according to that com­mon prouerbe; Omne ius habet annexam gratiam: Euerie law hath or ought to haue grace and sauour annexed: an L. respicien­dum ff. de poenis. ex­ample also whereof is reported in law; and therefore su­mum ius est summa iniuria: Exact and precise law is great in­iurie, being once disioined from equitie. And therefore those words Against the tenor of reason, are not to be vn­derstood as though a priuilege were against naturall equi­tie: but bicause it is an abridgement or exception of the generall principles and rules of law which are grounded vpon reason. Neither yet so, as though it did cléerelie con­trarie and impugne the reason of the common and gene­rall law, which it onelie dooth in some appearance: but be­ing considered vpon other good grounds, it is for the most part verie agréeable to reason, right and equitie, which may be made plaine by this one example. It is of common right and equitie, For euerie L. 1. ff. de pactis. instit; de fideiuss, in princ. man to keepe touch, to per­forme promise, and to satiffie the credit giuen him either in his owne, or in an others behalfe. Yet, if we should com­prehend children vnder age in the generalitie of this rule, who be subiect by reason of their tender yeares, and slender discretion, to be circumuented and manifoldlie ouer-rea­ched, it were a verie vniust and vnequall law. And there­fore seeing there is such inequalitie betwixt them and men of riper yeares, the same rule cannot without iniusties alike perteine vnto them both: so that it is méet by some exemption and speciall priuilege, that their tender yeares should be considered and prouided for. To conclude, nei­ther are all priuileges and dispensations against reason or right, neither hath the Abstractor sufficientlie prooued any of these particulars of this treatise which here he dooth re­capitulate and rehearse, but much lesse hath he prooued his [Page 350] principall issue, that Dispensations for manie benefices are vnlawfull. Which at the closing vp of all (for verie shame) he was forced a little to change, by pretending to haue spoken all this while of Two or mo benefices, and not of Manie, as the verie title which he hath prefixed to his treatise, and his whole discourse therevpon, dooth plainelie im­port. FABIVS. Foelices essent artes, si de illis soli artifices iudicarent.