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

2. COR. 13. 8.

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

Hierom. dial. advers. Pelag.

Veritas laborare potest, vinci non potest.

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

Imprinted 1618.

TO THE CHRISTIAN READER.

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

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

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

3 They abound in outward wealth: We poore.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE ANATOMY OF THE CONTROVERSED CEREMONIES OF THE CHVRCH OF ENGLAND, BEEING considered in their Nature and Circumstances. By Iohn Sprint Minister of Thornby in GLOCESTERSHIRE.

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

THE DEFENCE OF THE PETITION FOR REFORMA­TION.

The Reply to the generall censures.

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

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

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

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

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

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

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

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

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

Answ. Concerning the indifferencie of Some Cere­monies urged not indiffe­rent. Epist. 118. c. 8. these ceremonies: 1. It will bee hard to shew that they are all indifferent. Au­gustine hath this rule of things indifferent: Quod ne (que) contra fidem ne (que) bonos mo­res iniungitur, indifferenter est habendum. That which is not enioyned against Faith and maners, must be held as indifferent. Such Ceremonies then as haue no warrant in the word, and so against faith, (as the Crosse in Baptisme: and are offensiue to the brethren, and so against charity (as the Surplice) how can they be sayd to be in­different. 2. VVere they indifferent in their owne nature, yet the scandall that is given to the Church of God doth take a­way the indifferent use of them. As S. Paul saith, he would not eate flesh while the world standeth, if it offend his bre­thren: 1. Cor. 8. 13 and it is no small danger to wound the conscience of the brethren: the Apo­stle saith, they sinne against Christ. 3. And if these ceremonies were indifferent in their owne nature; yet to him that cannot be so perswaded, they are not indifferent: For whatsoever is not of faith, that is, of a Rom. 14. 23. ful resolutiō without doubting, is sin. For this were as Ambrose saith, to be strenuum operibus, affectu infidum. To bee stong in [Page 6] action, and unstable in affection. VVherefore if either these ceremonies be not at all in­different in their owne constitution, or not so in the perswasion of the heart: it is no disobedience to forbeare and refuse though they are commanded: for the A­postles resolution is to be followed, to obey God rather. The Magistrate must not Act. 4. 19. be resisted, and yet that which is against the conscience, may without disloyaltie be refused, as Ambrose excellently resol­veth, Volens nunquam ius deseram, coactus repugnare non novi, potero flere, potero geme­re. Orat. in Au­xentium. I will never willingly forsake that which is right, I cannot resist though pro­voked: this I can do, even to weep and waile. Lastly, seeing these ceremonies are con­fessed by our brethren to be indifferent, then is it in your Maiesties power to take them out of the way.

Then seeing the removing of these cere­monies wil be no offence of conscience to those that hold them indifferent, and yet the retaining of them wil grieue the con­sciences of many good Christiās that take them not to be such: we humbly beseech your excellent Maiesty to take away these occasions of stumbling; and we doubt not but your Maiesty is resolved with the A­postles, to lay upon your people no other burdens beside necessarie things, Act. 15. 28. Like to Theodosius the Emperour, of whom Ambrose saith, Malluit sibi homi­mines [Page 7] religione, quam metu constringere, in obit. Theodos. Hee had rather binde men unto him by religion then by feare. Positiue abu­ses.

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

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

6. Cens. No Church in Christendome is Vntruth: 3. [Page 8] able so much to iustifie their abuses, as this Many refor­med churches goe beyond vs for dis­cipline. of ours, which are not so heynous as deserue their bitter reprehension.

Answ. Beside also many abuses there are in the execution of Ecclesiasticall lawes and orders (as shall afterward ap­peare) 1. VVhich we heartily wish did no more abound in this Church, then in some other reformed churches, whose example herein we desire to bee followed accor­ding to the word of God. 2. VVhat if no Church can iustifie all the corruptions & abuses crept in: Yet everie Church ought to presse foreward unto perfection, & to follow the Apostles rule: to forget that which is behind (not to please our selues in our imperfect state) and to endevour to that which is before, and to follow hard toward the Philip. 3. 13. marke. 3. Neither had our brethren of Ox­ford cause to obiect that the Petitioners Maske under an unknown generality, seeing they themselues expresse not their names, nor remoue the vaile from thier faces: and as for us, we conceale not our names as ashamed of the cause, but wee for­beare, because it is your Maiesties plea­sure we should not gather hands to our petition: but as Ambrose saith to the Emperour tolle legem & fiat certamen: Take away the law, and let the tryall be made upon even tearme. So when it shall please your Maiestie, the consent and number of the Ministers and others desiring reformation, [Page 9] will soone appeare. VVe are able to shew that these abuses are not onely worthy of reprehension (which in our petition is done without bitternes according to the 2. Tim. 2. 25. Apostles rule, instructing them with meeknes that are contrarie minded) but of alteration; not onely fit to be repoved, but for ever removed: we are now to declare the one, and we trust your Maiestie in good time will determine the other: and we doubt not, but that you are resolued with the Cod. lib. tit. 6. leg: 42. Emperour Iustinian: omnia quae pro honore sanctae Ecclesiae ad Dei placitum fieri propera­mus, legibus constituere & operibus adimple­re desideramus: all things which may bee for the good of the Church by your lawes to will, and in your works to fulfill.

The defense of the Preface.

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

Answ. How they which now sue for reformation were before affected to your Wee doe not therein fauor them. Maiesties title, we appeale to your prince­ly knowledge: and who they were that did shew themselues most earnest to haue had the same in Queen Elizabeths time de­clared, is well knowen. Our brethren are then to blame, to draw those into suspiciō which will not giue place to any of them­selues in zealous and loyall affection: And what if some otherwise of good parts haue [Page 10] written undutifully of Princes titles, doe wee iustifie or favour them therein? Vni­versitie men brought up in the schooles might remember that from secundum quid to simpliciter the argument followeth not, that because we like them in some things we should approue them in all. VVe say Pammach. & Ocean. with Hierome: non consuevi eorum insultare erroribus, quorum miror ingenia.

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

Answ. Flatterers are the disturbers of the state, not they which desire things a­misse to be amended: But this hath been alwayes the reward of the servants of Christ, that duly sought for redresse, to be counted troublesome and busie bodies, according to the saying of the Apostle: am I become your enemie because I tell you Gal: 4. 16. the trueth? to the which answereth that common saying: Obsequium amicos, veritas odium parit: flattery maketh friends, and ve­rity maketh foes. The Prophets did not disquiet the state of Israel, but they which Ezech. 13. cried peace, peace, sowing pollowes un­der mens elbowes, and flattering them in their sinnes, saying all is well. If other men were as willing to bee reformed as some desire the Magistrate should reforme, there need to bee no disturbance at all: It is good to haue peace, and follow loue, but as the Apostle saith [...], in the trueth: [Page 11] then shall we rest quietly, when we sleepe not upon mens pillowes, but in Christs armes: as Origen wel noteth on these words Homil: 2 in Cantic. Cant. 26. his left hand is under my head: noli consuere cervicalio vel aliunde capiti requiem quaerere, habe sponsi laevam sub capite. Sew not pillowes to thine head, nor seek rest unto it elswhere, get the left hand of the bridegrom put under it.

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

Answ. We meane as we say, we wish not the dissolution of the state Ecclesia­sticall: wee would haue Episcopall la­bours ioyned with Episcopall honor, that they would doe their duty and haue their duty, as the rule in law is: rationi con­venit Reg: iur. 76 vt succedat in onere, qui substituitur in honore: that they encroach not upon o­ther mens callings, but that they may be [...]. p. 40 chayned with such bondes, as may preserue that estate from creeping to corruption. If any in Scotland haue beene to forward, wee excuse them not: yet that whole Church is not to be blamed for some mans fault: wherein are many reverend, learned and godly pastors, as his maiesty hath giuen a princely testimony of them, that Pref: to [...]. there is presently a sufficient number of good men of the ministery in this kingdome. O­ther mens oversightes wee iustifie not, [Page 12] neither will answer for their errings, if any haue vnduely in their vndiscreete zeale sought for reformation wee prayse them not: neither ought it to be a pre­iudice to moderate proceedings. As in our enemies wee condemne not that is good, so neither in our freinds commend wee that which is euill: as he well sayth: nec bonis aduersariorum (si quid honestum Hierom: Pammach: & Ocean. habuerint) detrahendum est, nec amicorum laudanda sunt vitia.

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

Answ. 1. wee haue assumed nothing Iust cōplaints not disloyall. which becommeth not good subiects, to lay open our complaynts to our gracious Soveraigne, as the members send vp their greifes to the head. 2. Neither doe wee seeke to abuse the Clergie, but to honor them, when wee desire they might in e­verie congregation shine as lampes both in life and doctrine. 3. VVhat greater o­bedience to God then to bee found faith­full? what better service to his Maiesty then to acquaint him with the wants of that body, wherof he is the head? what truer loue to the Church then to desire her perfection? 4. VVee trust his Maiesty counteth it no trouble to heare his honest subiects complaynts, as by his owne princely words wee are incouraged, weary not to heare the complaints of the oppressed [...]. 92. [Page 13] aut ne Rex sis. Preachers and ministers that humblie sue for redresse, trouble not the Church but idle non residents, dumb ministers, couetous pluralists are the men which are setled in their dregges, and will not haue their sowre lees drawne forth. As for vs wee blesse God for our externall peace, and heartily desyre the true internall peace: that we may be all according to the Apostles rule [...] Eph. 4. 15., following the truth in loue, and lo­uinge in the truth, and so we say with Hie­rome, ad. Theoph: vnto our brethren that seeme to stand so much upon peace and quietnesse: nihil grande est voce pacem praetendere, & o­pere destruere; &c. it is nothing to pretend peace in word, and destroy it indeed. VVee also would peace, and we wish not one­ly but entreat peace, the peace of Christ, true peace: pacem quae not ut adversarios subijciat, sed ut amicos iungat, such peace which may not subdue us as enemies, but ioyn us as friends.

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

Ans. 1. If these & such like be not the Who come neerest the Catharsts. peccant humors in the body of the Church, there are none at all: thus these men seem to come neerer to the Puritans & Catha­rists, then those (whom they in their an­swer haue traduced) that acknowledge all [Page 14] things pure in the Church, and no thing amisse, how farre are they from redressing that are so farre of from confessing their wants? Ambrose well saith sensus vulneris est sensus vitae the sense of griefe is the sense of life. 2. VVe wish even in our hearts, it were as they say, that our Church were least peccant in the world, then should we haue no contention about humane rites, Non-residents, dumbe ministers, Com­mendams, faculties, abuse of Excom­munication, and such like, which are strange in other reformed Churches. 3. Reverend Bishop Iewel, where he saith; we are come as neere as possibly we could to the Church of the Apostles: neither meaneth How we are come neere the Apostles. the abuses and peccant humors of our Church, which he would never haue iu­stified, nor yet all the ceremonies, for else were he alledgeth out of Valafridius Abbas that in the beginning the cōmunion was ministred without any difference of ap­parrell, and sheweth that it was so in Hie­roms time: defence Apol. 401. Neither yet doth hee meane that the discipline of the Primitiue Church is exactly restored, for the booke it selfe confesseth, that the godly discipline of the Primitiue Church is now wanting, and besides In the com­mination. hee sheweth in this place, wherein the Church of England is departed from the Church of Rome, which is not in the administration of discipline received from [Page 15] them: and else where he reproveth Har­ding Defenc. apol. 41. for saying Christ and his Apostles ne­ver ruled the Cburch in better order then it is now ruled by the Pope & his Cardinais. Our brethren say as much in effect that it is ruled as well by Bishops. VVherefore his meaning must needes be, that in doctrine and in the substance of the Sacraments we are come neere it, and for the rest, as neere as possibly we could, that is, as the times would permit and suffer. And we desire our brethren to tell us in good sooth whether in the Primitiue Church of the Apostles, the crosse in Baptisme, the sur­plice in the Communion were used, whe­ther they read of any Chancellours, offi­cials, &c. Non-residents, dumbe Mi­nisters in those times? It is all we desire that the discipline of our Church may be reduced to the forme of the Apostles go­vernment. Lastly, haue our brethren no more chariry, then to wish that the peti­tioners (whom they untruely call unquite and mal-contended humors) were purged out of the land: If they proceed on in such wishes they will giue us cause to complaine, as Hierome doth of an uncha­ritable adversarie of his: talibus institutus Apol. 3. ad­vers. Ruf. es disciplinis, ut cui respondere non poteris, caput auferas, & linguam quae tacere non potest seces. You haue learned, that whom you cannot answer, his head you would chop off, and cut out the tongue that you cannot si­lence: [Page 16] but we wish better unto them with the Apostle: if yee bee otherwise min­ded that God would reveale it unto you, in his good time.

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

Answ. In these petitioners which sub­scribed to the booke (in which terme is no disdaine at all) there was nei­ther dishonesty nor hypocrisie so to doe. although they simply allow it not. 1. They subscribed with protestation, some with condition, other some upon expositions giuen them, which is no meere falsi­ty, but a cleere verity, as some of our Bi­shops and their Registers do know, and some of the subscribers are able to shew. Fox. p. 118. But this argueth no sincerity (say our bre­thren;) VVhat would they then haue said of Reverend Cranmer who was sworne to the Pope upon protestation, acknowled­ging his authority no further then it Zanch. Mis­cel. p. 35. agreed with the expresse word of God: Or what would our brethren haue thought of Zanchius, that with some exceptions and interpretations subscribed to certaine Lutheran points of doctrine, who aledgeth the iudgmēt of Calvin in the same matter to Gulielmus Holbracchus, likewise urged by the Lutherans to subscribe praecise, ut recuses non cōsulo, &c. nunc ergo exceptiones interponere necesse est, quae te molestia liberēt. [Page 17] I giue not counsell precisely to refuse, &c. but to put in exceptions which may ease you Supplic. ad Senat. Arg. of trouble? Hereupon Zanchius saith se sin­cero pacis & concordiae studio adductum subscripsisse: that hee subscribed beeing thereunto moved of a sincere desire of peace. But the subscribers case is far more equall and reasonable, who upon protestation ex­positions, &c. subscribed not to suspicious doctrines, but to certain superfluous rites. 2. Because they were loath to depriue the Church of their labours, and forsake their flockes, for these matters, which are though inconvenient, yet not of the sub­stance of Religion: and hereunto agreeth the canon, utilitatis intuitu quaedam in Ec­clesia Caus. 1. q. 7. tolerantur. Thorough the shew of profitablenesse, some things are tollerated in the Church. The Petitioners then sub­scribing, did not therein allow these cere­monies as profitable, seeing the state in­tended a greater perfection, howsoever it was hindred, as may appeare by the statute set before the booke of Common prayer, the words are these, Such ornaments, &c. of the Ministers shal be retained, till other or­der shal be therein takē. And the book it selfe in the Cōmination aimeth at the restoring of the Discipline of the prim. Church. 3. And herein by subscription to tolerate Subscription of some ex­cused. things not apparantly impious for a time: But now there is no reason, that subscrip­tion which was yeelded to the necessity [Page 18] of time, should either preiudice the sub­scribers according to the Canon: tempo­rum necessitate perfecta, hac ratione ad veniam Caus. 1. q. 7. c. 13. pertinere decernimus, quod gestum est: what the necessity of the time required, in reason ought to be pardoned: or hinder the refor­mation, according to the like Canon: quod necessitas pro remedio reperit, &c. that which Caus. 1. q. 7. c. 7. necessitie found for a remedie when the ne­cessity is removed, must cease also that which is urged, for a due and orderly course is one thing, that which by usurpation for the time is enforced, another. Lastly some of the subscribers are now of another iudgment and see more into the cause, then they did before, and doubt not to say with Hierome: imitati estis errantem, imitamini correctam: You haue followed him that erred, be you followers of him that hath corrected his error. And could wish that this vincu­lum subscriptionis, as Ambrose calleth it in another case, were dissolved, as Eusebius Vercellon: caused Dyonisius subscription (but in an harder case) to bee razed out. Any of these reasons will free the peti­tioners subscribers from this uncharitable imputation of Hipocrisie, and disho­nesty.

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

Answ: VVe mislike factious Sermons, & scurrile pamphlets, as much as these censu­rers [Page 19] of Oxford: and some of their frends & favorits are not free from the imputation of both: The painfull labours of the mi­nisters Painful Prea­chers not factious. petitioners in the Church of Eng­land both by preaching and writing are well knowne. And though the rule hath beene, better no preachers, then such as de­sired reformation (therfore miscalled fac­tious) yet this is our comfort to say with the Apostle: in the declaration of the truth, wee approue our selues to euerie mans 2. Cor. 4. 2. conscience in the sight of God: and herein wee say agayne with the same Apostle: wee passe very little to be iudged of you or of 1. Cor. 4. 3. mans iudgment: beeing sory that you thus account of the freinds of the gospell, as of enemies and cannot endure the lovers of the truth, which you professe to loue. And so, as Augustine sayth: res multum do­lenda & miranda contingit, &c. A strange Tractat. in Ioan. and heauy thing often falls out, that the man whome wee take to bee vniust, and yet he is iust; louing in him iustice which wee know not wee hate: & hominem bonum tanquam malum affligamus: and afflict a good man as though he were evill.

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

Answ: The number of more then a thousand is no vizard, as theirs is, that mask vnder the name of the heads of the vni­versity, yea of all the learned and obedient of the clergie, as the title sheweth, whereas we [Page 20] know there are diuers hundred of learned, obedient, sober, discreet preachers in the vniuersities & other places of the Church that neyther like, nor allow their procee­dings herein. As at the passing of that grace in Cambridge, whereof our brethren make mention in their epistle, there was not present the third part of the vniuersi­ty that gaue voyces, nor one Doctor of di­uinity besides the Vice Chancellor as we are credibly enformed. Let them first pull of their vizard and shew themselues, they should not obiect that to others which it seemeth they are ashamed of, to professe their names: Therefore wee may apply Augustines wordes a-against them: conferamus de medio si placet Lib. 1. cont. Iulian. ista communia, &c. let us leaue these com­mon matters, which may be said of each side, though not truly of each side. 2. How can that be a Christian & cōmendable church government under Chancellors, Officials, Cō ­missaries, Registers, Proctors, Sumners, which is the same in the forme nothing altered (the supremacy onely and dependancy of the Pope excepted) with that now used and practised in the Antichristian and pa­pall sinagogue. Therefore to this untrue assertion, wee returne no other but Hie­romes answer: Non necesse habet vinci, Ep. ad Cte­pant. quod sua statim professione falsum est. That needeth no refutation, which appeareth false in the very relation. 3. The humble Pe­titioners [Page 21] haue done nothing malitiously, or iniuriously we wish that they, which thus censure them, were as farre from both. Hierome could haue told them: non facilis est venia prava dixisse de rectis. Pardon for Hierom. Asellae. speaking evill of that which is good, is not easily obtained. Thus men for their con­science, and unfained loue unto the Church of Christ, are loaden with the reproach of sedition, presumption, disho­nesty, hypocrisie, scurrility, malice, iniu­ry. &c. A likely matter that such pleaders haue a good cause in hand, when they be­gin their plea with such intemperate and uncharitable stuffe: therein committing the same fault, which Origen obiecteth Lib. 7. cont. Cess. to his adversarie. Philosophus iste cum nos instruere velit calumnatur &c. this Philoso­pher when he should instruct us raileth, when in the beginning a wise Orator, should shew himselfe friendly toward his Audi­tors, And thus end their censures upon the preface.

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

1. Against the Crosse in Baptisme.

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

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

Therefore the crosse in baptisme depar­ting [Page 23] from the simplicitie and plainnesse of our Lord Iesus institutiō is to be reiected.

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

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

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

3. That which hath been idolatrously abused in popery, and hath no necessarie use in Gods Church ought to bee remo­ved: As Ezechiah pulled down the brasen 2. Reg. [...] serpent because the people made and Idol of it. This hath been the iudgement of The Church. Tertullian shewes at large, Tertul. de coron. Milit. then when things indifferent haue been abused by Pagans, & Idolaters, Christians may not use them, unlesse they haue Gods warrant for them. And Augustine shewes Aug. epist. 86. ad casul. Iewel. defen. of Apol. p. 441. distinct 63. quia sancta. that the Church of Christ left to fast up­on the Lords day, because the maniches had taken up, that day to fast on, worthy Iewel shewes many examples of the like: Nay the very Popes law resolveth thus: [Page 24] that if some of our praedecessours haue done those things, which were well in their times, and yet afterward they be turned into errour, and superstition, they must without any de­lay be reformed.

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

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

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

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

The assumption, or second proposition is proved thus.

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

But the crosse in baptisme is made a sa­cramentall signe: signa (saith S. Augustine) cum adhibentur ad res sacras significan­das sacramenta vocantur. Signes when they Aug. epist. 5. are used to signify Sacred things, are called Sacraments. But the crosse in bap­tisme is taken up to signifie a holy thing, namelie our constant profession in Christ, [Page 25] that we shall not be ashamed to confesse Christ The sacramēt of baptisme robbed of his signification, and the same attributed to humane in­vention, viz. the Crosse. Aug. Epist. 119. c. 18. crucified and to fight under his banner &c.

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

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

Ans. To say it is ancient it is too much, but say it is most ancient is most untrue: Mea antiquitas est Iesus Christus: my anti­quty Ign. epis. 6. is Iesus Christ (saith Ignatius the bles­sed Martyr:) Now who knows not, that to use no crosse in baptisme is more ancient then to use the crosse? And therfore if the Lords rule may hold: ask & enquire for the Ier: 6. 16. old way for that is the good way: or that of Tertul. quodcunque primum, id utique verum. That which was frst, that is the truest; it Tertull. de prescript. must needs bee better to baptize with no crosse, as Christ and his Disciples did, ra­ther then with the crosse, as some haue [Page 26] done in later time.

But a little to search the antiquitie of it, we must first agree what crosse it is which wee so oppugne, and our brethren stand for. To crosse the water in baptisme? or to crosse the child in baptisme. To crosse the water is superstitious (though the Fathers liked it) and therefore the Church of England hath removed it. To crosse the childe in baptisme hath not one au­thority in all antiquity that wee can read of. In Iustin Martyrs time there was no Iust. apol. 2. Tertul. de coron. Milit. D. Rain. con­fer. p. 581. such thing. In Tertullians time, Christians began to Crosse themselues with the signe of the crosse, but it was not yet crept in­to the sacraments (as a learned writer hath well observed) for in his booke de Corona Militis, where he mentioneth o­ther ceremonies that were used in bap­tisme, as milke, honey, &c. he makes no mention of the crosse. And lib. de Baptis. entreating professedly of this sacrament Tert. de bapt. and the ceremonies of it, he hath not one tittle of the crosse. In Chrysostomes time Chrys. hom. quod Chri­stus sit Deus. the crosse was crept further (as all super­stition will winde up like Ivy) In sacra mensa, &c. crux fulget: In the holy Sup­per the crosse appeares in his glory: but yet Aug lib. 1. confess. c. 11. & de symb. ad Ca­teches. l. 4. c. 10. it was not impressed in the foreheads of such as were baptised. In Augustines time the Catechumeni were signed with the signe of the crosse before baptisme, but no such signe was used when they came [Page 27] to be baptized; and therefore unlesse bet­ter authority can be brought, then wee know of, or Popish Bellarmine either, Bellar. lib. 2. imag. c. 29. (who hath raked all corners to helpe himselfe) we thinke the crosse in bap­tisme will be faine to fetch his pedigree out of the Popes Masse booke, if happily it be able to deduce it thence.

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

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

1. They must be such as serue for come­linesse and order sake, as the Apostle saith, Let all things he done comely and in order. 1. Cor. 14. 40. But the crosse in baptisme is not such: for if it make a Decorum in the Sacra­ment, then Christ and his Apostles, and all the reformed Churches of Geneva, Scot­land, France, Helvetia, Belgia, Poland, &c. that use it not, must cōmit an Indecorum, which were absurd to affirme. Thus Peter Pet. Mart. class. 4. c. 9. Martyr disputes against the schoolemen, [Page 28] who affirmed that the word and water Pet. Mar. clas. 4. c. 9. were of the essence of baptisme; but the rest that were added, oyle, &c. did facere ad honestatem, & decorum Sacramenti, make to the honesting and adorning of the Sacra­ment. Admit this (saith he) then it will fol­low, that Iohn and Christ, and the Primitiue Church hath baptized indecently, disordered­ly, &c. Quia eorum baptismus istis omni­bus carebat: Because their baptisme wanted all these things.

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

3. They must not be idle and needlesse ceremonies, but to such onely, as be needfull. See the whole Senate of the Apostles conclude in their councell. It seemed good to the holy Ghost and to us to Act. 15. 28. lay no burthen upon you, praeter necessaria haec, beside these necessary things: but the crosse in baptisme is not necessarie either ad esse to the being, or bene esse, to the wel being of the Sacrament not ad esse, the very papists confesse: nor ad bene esse, be­cause [Page 29] the Sacrament may be well enough Lumb. ut supra. without it, as the very booke confesseth in private baptisme where no crosse is used yet the minister is prescribed to say: I certifie you that ye haue done well, and accor­ding Common booke cap. of priuat bapt. to due order &c. though they haue not crossed.

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

2 Against Interrogatories in Baptisme.

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

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

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

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

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

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

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

Ob. The interrogatories be most ancient.

Answ. Antiquitie without verity is but vetustas erroris, oldnesse of errour, as Cyprian Cypri. ad Pomp. & lib. 2. ep. 3. speaketh, and again. Non debemus attendere quid aliquis ante nos faciendum putaverit, sed quid qui ante omnes est Christus prior fecerit, neque enim hominis consuetudinem sequi o­portet, sed Dei veritatem: we are not to regard what any one hath thought good to do before us, but what Christ did first before all, nei­ther should we follow the custom of men, but [Page 32] the trueth of God.

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

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

3, Though the Fathers mention this [Page 33] use, yet that many disliked it euen in their times appeareth by Tertullian himselfe, lib. de bape. who wisheth that infants may be kept till they can make their own answer, least we promise that for thē which they wil neuer perform. And Boniface the BB. moues the doubt to Aug. & argues against it, whē the Aug. epist. 23. witnesses say, the infant beleeues: dicunt eos facere &c. they say they do that w ch that age is not able to think. 2. If they do be­leeue yet it is a thing unknown to us. 3. If a man should by and by ask the witnesses of the child whether it shall be a theef or no, they will answer they cannot tell, and if they cannot tell this, how can they tell, that it will beleeue. Augustine a man so learned that he could haue helped the cause, if there had been any helpe in it re­solues the matter very weakly: habet fidem. .i. sacramentum fidei. the infant hath faith. Com. books c. of baptis. .i. hath the sacrament of faith: And yet by our booke, the witnesses are caused to say, it doth beleeue, and it hath faith be­fore it hath the sacrament of faith: .i. the water of baptisme powred upon it. Therfore Bucer one of their own authors, better resolues the point, shewing that it is Buc. lib. 1. de reg. che. c. 5. fittest for those that be of yeares and dis­cretion to make promise of obedience at the same time whē they be baptised. But that children doe it after they haue been catechised and taught the doctrine of Christ: And so Szegedinus si baptizandus Szeg. de. bap. p. 167. [Page 34] est infans, nec fides, nec fidei confessio ab illo poscatur: absurdū enim est id requirere ab in­fante, quodnec Deus ipse ab illo requirit, nec ille per aetatem habere nec exprimere potest. Bez. in conf. c. 4. 48. Of the same iudgement is Beza.

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

3. Against confirmation.

1. VVHere the gift is ceased there the ceremony and the signe must cease also as annoynting of the sicke used in the A­postles time is now ceased because the [Page 35] miraculous gift of healing is ceased, Iam. 1. 14. but the gift of giving the graces of the HOLIE GHOST, by imposi­tion of hands is now ceased; as Au­gustine saith: neque enim temporalibus & sensibilibus miraculis per manus impositio­nem Aug. lib. 3. de Bapt. c. 16. modo datur spiritus sanctus, sicut antea dabatur &c.

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

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

The assumption or second proposition is proued thus. That which is made an outward signe, and seale to assure of Gods [Page 36] loue and favour, that is made a sacrament in most proper sense, as both the scriptures shew and our own articles of religion de­fining Rom. 4. 11. Arti. relig. 25. the sacraments to be sure witnesses and effectuall signes of grace and of Gods goodwill to us: but the imposition of BB. hands is made a signe to assure us, of Common. booke c. of confirm. Gods favour and gracious goodnesse to us, (so be the words of the book:) there­fore it is made a sacrament in most proper sense: But this is unlawfull: and therefore this kind of confirmation is unlawfull; & yet the poore ministers of Christ, were urged and enioyned under most greevous penalties to subscribe to all.

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

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

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

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

Answ. 1. To thinke the BB. prayers [Page 37] be more holy then any other mans, is su­perstitious: the scriptures tell vs, that if any man be a worshipper of God, the Lord heareth Act. 9. 31 him, be he BB. or preacher. 2. they do not onely pray ouer them, but impose hands upon them, that by means therof they may com. book c. of Confir. receiue strength against all the tentations of sinne, which is to take that power to them which the Lord neuer gaue them, contrarie to that which is written: No Io. 3. 27. man can receiue any thing unlesse it bee given him from aboue.

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

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

4. Against baptizing by women.

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

Exception.

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

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

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

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

3. If the chyld liue it is to be brought to the church by order of the booke and there the minister is to examine who bap­tized it, which were a folly if the minister [Page 39] had done it himselfe, and further with what words it was baptized, which were as fond if it were baptized by an ordi­nary minister of our Church.

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

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

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

5. Against the Cap and Surplice.

1. THE Massing garments in poperie bee no fit garments for the mini­sters [Page 40] of the Gospell according to that charge of the Lord: you shall pollute Is. 30. 22. the coverings of the images and the rich orna­ments, &c. and say unto it, get thee hence: and againe, hate even the garment spotted by the Iude. 21. flesh. Hence it was that Iacob when hee reformed the idolatrie of his houshould, Gen. 35. 2: he made them also to change their gar­ments.

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

2 That simplicity and plainnesse which [Page 41] Christ and the Apostles, and the Fathers in the best time of the Church used is fit­test and meetest for the ministers of Christ, according to that, From the be­ginning it was not so, where our Saviour Mat. 19. 8. Christ teacheth us to reduce and bring things backe to their first originall.

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

Therfore that ancient use is fittest to be retained still: That Christ and his Apo­stles Luc. 4. 16. had no ministring garments, it appea­reth Luk. 4. where our Saviour Christ entred into the Synagogue, and stood up to read, the minister brought him not a surplice, but a book. And when Paul and Barnabas entred into the Synagogue, and Act. 13. 36. the Ruler sent to them to preach, they stood up without any more ado. P. Mar­tyr Pet. Mart. clas. 4. c. 1. is cleere for this: Papists (saith hee) despise us, because wee haue no priestly garments, when Christ & his Apostles had none neither. So likewise Epi. ad Hooper, Defence of Apol. p. 401 Walfr. de ex­ord. & in ca. Eccles. c. 24 B. Iewel brings authorities to proue it, Walafridus and others, to shew that the Massing garments came in by little and lit­tle: So at first men celebrated in com­mon apparrell, as certaine of the East Churches are said to doe at this day. M. Fox Mart. p. 5. Fox likewise saith, That in the Apostles time little regard was had of dayes, or meates, [Page 42] or apparrell, &c. And therefore seeing Christ used no distinction of apparell, herein wee desire but to bee like our ma­ster.

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

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

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

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

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

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

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

[...]
[...]

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

Answ. Then be like our brethren take all that be offended at the surplice to bee men of no iudgement. Rev. Iewel, a man as of more learning, so of more modestie Defence Apol p. 399. & loue, confesseth that there were godly learned men that refused the apparell and that they had their grounds, and reasons from authoritie to do so: and our present Arch. BB. professeth there were some that never received the apparell, whom (saith ibid. p. 400. Doct. Whit. pag. 289. he) I for my part haue alwayes reveren­ced, and do reverence not onely for their singular vertue and learning; but for their modestie also. Peter Martyr their own au­thor, Pet. Mart. ep. 3. amico cuidam. resolveth, that though the surplice may bee tolerated till things become to some stay, yet it were much better that it were removed: I (saith he) writing to a friend in England) thinke as you doe, that these things being indifferent of themselues make not a man either good or bad, but as you also thinke, so I thinke it more conve­nient, that that garment, and many things of that kind, cum fieri commode, poterit aufe­runtur. i. that when conveniently it may bee done they be removed: & in the same epistle here quoted, I like well (saith he) if you de­sire that Christian religion should aspire again to chaste & simple purenesse: for what should [Page 45] all godly men more wish for: and to speak of my selfe, I hardly suffer my selfe to be drawn frō that simple & pure use, which we all long used at Strasburgh, where differēce of apparell in regard of the ministrie was taken away, that manner as being the plainer, and especially savouring of the Apostolike Churches: I haue alwayes approved above all others, and I pray God that it may be long continued there, and wheresoever the Church of Christ is restored, it may at length be received: and therfore if the matter may passe upon this worthy mans verdict, we shall soone agree.

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

Osiander speaking of popish garments Cent. 3. lib. 3. c. 14. brought in by a false decree of Steuen, Quod (saith he) profecto nihil aliud est, quam umbras leviticas in clara luce Evangelij in Ecclesiā stulte reducere, et ex Christianis hac quidē in parte Iudaeos facere. Which in truth is nothing else then to bring into the Church shadows in the cleare light of the Gospell, and to make in this respect of Christians Iewes. As for Augustine and Calvin they onely af­firme against the Anabaptists, and their like, that some things used by idolators and heathens may be used of Christians, namely such things as haue a necessarie [Page 46] and honest use, as wee may use the same Churches, Bels, pulpits, that were used in popery, but to infer of this, that therefore we may use the Surplice, is as weak a rea­sō, as if a man should gather that therfore we may use all the other trash, Augustine resolueth well: Egiptij (saith he) they had Aug. l. 2. de Doct. Christ. cap. 40. their idola & onera their idols and their burthens. And they had also vasa & or­namenta vessels & ornaments of gold, sil­ver. &c. The I sraelits abhorred their Idols and their burthens, but their vessels and their ornaments of gold and siluer they turned to a better use: he shews his mea­ning after, that Idolaters and heathens haue some profitable, and good things, and those we may use; and they haue some Idolatrous and burthenous things, and those we may not use, in which number because the surplice is, therefore by S. Au­gustine rule, we may not use it.

VVherefore (most noble king) seing the surplice is one of the massing garments in popery, an habit not beseeming the Mi­nisters of the Gospell. 2. seing Christ and his Apostles and the Fathers in the better times of the Church made no distinction in apparrell. 3. Seeing it doth not grace the ministery, but make it ridiculous to the people. 4. Seeing it offendeth the Protestant, and giues hart unto the Papist. 5. Seeing the gray Amice and other Po­pish garments are gone that could haue [Page 47] made as good a plea for themselues as the Surplice can. 6. Seeing men of excellent learning and iudgement, in sundry Chri­stian kingdomes reformed, haue disliked it as comming too neere to the Popish fashion: wee trust your Princely Maiesty tendring the distresse of your Preachers, the peace of the Church, and the edifi­cation of your people, will remoue this stumbling-block, that a number of faith­full and good labourers either extruded or discouraged by such occasions, may re­turne againe unto the Lords worke.

6 For examination before the communion.

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

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

Answ. Then this is our brethrens mea­ning, that though there bee need, yet if he be an old man, or a man of any wealth or account, though there be need, and the man never so ignorant, blockish, and [Page 48] prophane, yet it is iniurious & inconveni­ent to take any tryall of him; as if a man because he is old, or rich, or beareth some sway, may therefore come still to his iudgement, or as if we could be so excu­sed 1. Cor. 11. 29. Mat. 24. 45 before God for giving the bread of the houshold to such as in our consci­ence and knowledge belong not to it, onely because they are old and rich. Our master chargeth us without distinction, Mat. 7. 6. Giue not that which is holy unto Dogges. Chrysostom hath a goodly saying: If (saith Chris. hom. 83. in Mat. he) the keeping of a most cleare and sweete fountaine were committed to thee for thy sheep to drinke at, and a sort of swine should come to puddle it, and to foule it with their feet, wouldst not thou restrain them? wouldst thou suffer them to discend into it? Behold, not a fountaine of water, but a fountaine of the bloud & of the Spirit of Christ, is comit­ted to thy keeping, and wilt thou suffer wic­ked & vile sinners to descēd into it & pollute it? And so he concludes: If thou darest not prohibit the unworthy, Dicito mihi, &c. sanguinem meū profundi potius patiar, quam [...] the place. sacratissimum illum sanguinem praeterquam digno concedam. I had rather suffer mine own bloud to be powred out, then that most holy bloud of Christ should bee given to any unworthy person. Bucer doth much com­plaine of the neglect of this, that some lib. 1. de regn. Christ. c. 4. ministers will let all come to avoyd their owne trouble, &c. The place is worth [Page 49] reading: yea, our owne Bishops haue de­creed speaking of the minister, Ad mys­teriorum Synod. Lond an. 1571. cap. cancal. communionem neminem admittet, qui catechismum & articulos fidei non didice­rit. He shall admit none to the partaking of these mysteries, &c. which hath not learned the Catechisme and Articles of faith. And a­gain, in catechismo instituant, & omnes suos omnium aetatum at (que) ordinum non tan­tum puellas & pueros, sed etiam si opus est grandiores. Let them instruct in the cate­chisme all theirs, of all ages and degrees, not onely boyes and girles, but even the elder sort also if there be need.

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

Answ. Surely too many of us be too well acquainted with the Consistory fa­shion, and we thinke it a proud fashion indeed, to bring our deere brethren, re­deemed with the pretious price of the blood of Christ, and borne continually in the hands of Angels to stand like poore prisoners at the barre as some haue done, for the omitting the crosse and surplice. Nay, God forbid, let it be farre from the soule, and from the thought of every one of us: we will be the servants of the Church, and as Abigail said, so wee 2. Cor. 4. 5. 1. Sam. 25. 41. Ioh. 13. 14. say in the humility of our hearts, that we will bee ready to stoope downe to wash the feet of the meanest seruant of our Lord and Master. VVherefore to thinke [Page 50] that because that which wee moue for, may not be done in pride, in insolencie, with contempt of our brethren, that ther­fore it may not be done at all, no not in humility, in meeknesse, in tendernesse, and loue, is to reason as if men had made a fray with their wits.

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

7. For a Sermon before the Communion.

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

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

Answ. The ignorance of our people [Page 51] considered, the shortnesse of mens me­mories especially in good matters, the deadnes & coldnesse of the greatest part, unlesse they haue some good means to stir them up, and even as it were to carrie and beare up their harts to God, it is not on­ly convenient, but very expedient, yea and necessary too, if possibly it may be, that at every communion there should bee a ser­mon, there is not a better time to worke upon a people, then when the ground is, as we may say, ready to eate up the seed from the hand of the sower: this is that which S. Paul speakes of, to preach in season 2. Tim. 4. 1 and that which our Lord commends to giue the portion of meate in fit time. This was the practise of Iohn Baptist, of Christ Mat. 24. 45 Mar. 14. Mat. 28. 19 Act. 2. 22. & 20. 7. and the Apostles who continually ioyned the word and the Sacraments together. It is true, it may be a true sacrament without a sermon at the instant, because the Sa­craments doe not onely seale that which we learne then, but all the mercifull and good promises of life and grace which we haue heard before; yet because the Sacra­ment Rom. 4. 11. is more fruitfull and effectuall unto us, when it hath the ministery of the word annexed to quicken it, and to giue life to it, by renewing the promises of God, and stirring us up to lay hands upon them.

Therefore in consideration hereof, it is earnestly to be wished that the word and [Page 52] the Sacraments may still go hand in hand together. VVe hope, nay we know Vni­versity men bee not to learne to know, That aliud est sacramentum aliud est vis sacramenti. The sacrament is one thing and the vertue of the sacrament is another. Or as Augustine speakes in another Aug. tract. 26. in Ioan. & lib. 4 de Bapt. c. 17. place: Aliud est habere, aliud est utiliter habere. And therefore though it be a sa­crament without a sermon, yet the prea­ching of the word makes it a more profi­table sacrament, more fruitfull and more effectuall to the receivers.

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

Answ. That which was reached us with the right hand, is here pulled away from us with the left. The communi­on booke (say they) may be insteed of ma­ny sermons. The learnedst divines in this Land (and wee (as they say,) haue the best in Christendome,) can preach but one sermon at once, and therefore if this be so that the booke may be in stead of many sermons the dumb minister with his Communion booke shall bee better able to prepare a people for the Sacrament, the the learnedst divine in all Christen­dom with his sermon. And is not this goodly stuffe. Our Reuerent Bishops as it [Page 53] seems, were not so deeply conceited of the booke and therefore they decreed in their Synode: si tempore sacrae communionis Synod. Lond. anno 1571. nulla erit concio de scripto & è pulpito, pro­nuntiabit unam aliquam ex homilijs &c. here there must bee a sermon or an homily to helpe out the booke, a sermon, if it may bee: and therefore in the iudgement of these learned men, the booke may not suffice in stead of many sermons. Godly Bucer one of their owne authors would Bucer de reg. Christ. l. 3. c. 7. p. 57. haue King Edward establish it as a Lawe in this Land, that before the communion the Scripture be not onely read, but also expounded to the people: and sure (as we take it) there is reason for it, for how­soever there be some good things in the booke, yet they may not bee matched with preaching. 1. because preaching is the most effectuall means whereby God worketh conversion in his people, as the Apostle saith: It pleased God through 1. Cor. 1. 21 the foolishnesse of preaching to saue the belee­vers. 2. The doctrine of the booke is al­wayes one and the same, but the doctrine Mat. 15. 39 of the preacher, may bee varied. The doctrine of the booke is generall, but the doctrine of the preacher may bee fit­ted 2. Tim. 2. 15. in particular, as hee sees occasion: and therefore howsoeuer the booke may be good, yet in the iudgement of any reasonable man, preaching must needs be better.

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

8, Against the name of Priests,

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

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

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

The assumption or second proposition hath all authoritie to confirme it. 1. the Phil. 1. 1. Ex. 4. 11. Doct. Fulk. answ. to the hand. c. 6. Scripture it selfe. 2. the iudgement of our best divines. Doctor Fulke, because (saith he) the Scriptures calleth the ministers of the new Testament by divers other names of [...], [Page 55] (Priests) wee thought it necessary to ob­serve that distinction, which wee see the holy Ghost hath so precisely observed. And again shewing why the ministers of the Gospell be neuer called Priests in any one translati­on of our Bibles: It is reason (saith he) we should retaine that disserence of names of the ibid. ministers of both the Testaments, which the holy Ghost doth alwayes obserue. Doctor D. Whit. a­gainst. Reyn. c. 4. 199. Whitakers saith, Christ committed his Church to be ruled by Pastors, and Bishops for ever, and not to Priests. And after: whereas their office is declared diversly in great variety of names, yet is this name of Priests ne­ver once given them in any Gospell, Epistle, or booke of the new Testament. D. Reynolds saith, Seing our language doth D. Reynold cons. Hart. p. 538. meane by priests, sacrificers, which in the Apostles language are called [...] and they neuer gaue the name [...] to the Pastors of the Christian Church, it follow­eth that they gaue them not the name of Priests.

3. The papists themselves confesse, yea Ballar. l. 3. de Rom. Pont. c. 18. Bellar. sayth Apostoli in scripturis nunquam vocant sacerdotes Christianos, sacerdotes: sed solū Episcopos & presbyteros. The Apostles in the scriptuers neuer call Christian Priests by the name of priests, but onely by the name of bishops and Presbytrs or Eders. And elswhere Lib. 3. de sanct. invoc. cap. 4 he giues the reason to be this, to distinguish them from the Leviticall preists, and there­fore seing the holie ghost hath constantlie [Page 56] kept this distinction of names between the Priests of the Law and the ministers of the Gospel we may not confound them.

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

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

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

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

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

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

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

5. To call the ministers of the Gospell by such a name, as is never read in the new Testament, is to put a scruple into [Page 58] the peoples heads, that our calling and office hath no ground, nor warrant in the word of God.

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

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

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

Answ. Wee had need make much of this Scripture: it is the onely place, that is alleadged in all the booke in any mat­ter of question: the very same prophet would haue taught them better: ad legem & testimonium &c. But to the point: Esay doth not say they shall be called Priests, Esay. 8. 20. but they shall be taken [...]. i. into the place, and into the roome of Priests. i. to execute the same office and ministerie of teaching and preaching in the new Testa­ment, that the legall Priests did in the old: for nothing is more usuall in the Prophets then figuratly under terms of the legal ser­vice Deut. 33. 10 to set out the service and worship that was to be used in the Gospel, as ibid. there shal be an altar of the Lord in the midst of the land of Egipt, & yet we may not gather Esay 19. 19 [Page 59] thence (as our brethrens logick will infer) that therefore the Lords table must be cal­led an Altar, and not a Table, there be in­finite examples to this effect. Now that Esay speakes not of the name of Priests, 1. Cor. 10. 21. may appeare thus: 1. Esay speaks of Luke and Timothy, and Titus, the first preachers of the Gentiles: so saith the Geneva note which is alledged. But they as we heard before, were never called Priests. There­fore Esay doth not here speake of the name of Priests. 2. If our brethrens sence be good, then the Ministers of the Gos­pell may well be called Sacerdotes, Sacri­ficers, D. Fulk ans. to Hard. c. 5. for so is the Hebrew, [...]: the Greeke [...]. But thus they may not be called, therefore this cannot be the sence. 3. If by this place of Esay the preachers of the Gospell may be called Priests, then by the same reason they may bee called Levits: for the words be thus: Of them I will take for Priests and Levits. But this were too too Iewish, and therefore as we said, Esay onely meanes, they shall haue the same place and office in the teaching of the Gospell, that the Priests and the Levits had in the teaching of the Law: and this also is the plaine meaning of the Geneva note.

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

Answ. Our best learned Divines are so farre from iustifying them, that they [Page 60] condemne them. D. Reynolds saith, Sith Conf. c. 8. s. 5. p. 619. the name of Priests haue relation to Sacri­fice, &c. the charge of the Lord not to lay a stumbling-blocke, might haue re­moued that name from the ministers of the Gospell, as the name of My Baal, Hos. 2. 16. with him our learned men con­sent, D. Fulke, Whitakers, and the rest: yea some of us can remember since that Reve­rend In Act. 14. in Test. Rhem. Whit. ut sup. Father D. Heton, being then Vice­chauncellor of Oxford, two Iesuits were brought to the Assizes to bee arraigned for treason: the Doctor being requested by the honourable Bench to speak some­thing to them, stood up and demanded of the Iesuits what they were: They an­swered, that they were Priests. VVhy, said he, there be but two approved orders of Priests that I can read of in the Scriptures, the order of Aaron, and the order of Melchisedecke: I pray you of what order are you Priests? After some pause, one of them answered, they were Priests after the order of Melchisedeck. Nay (said the Doctor) that yee be not; for Melchise­deck had neither beginning of his dayes, nor end of his life: but you both haue had a beginning of your dayes, and I beleeue shortly for your treason will haue an end of your liues also; and therefore yee can­not be Priests after that order. VVith this the poore Priests were dasht: the peo­ple laughed, and the Doctor was much [Page 61] commended. And if the new Vicechaun­cellour haue found out a third kinde of priesthood, which the old Vice-chancel­lour never heard of, they may do well to enforme him of it at their leasure: for our parts we must assent unto the Doctor, that there be no other priests approved in the word of God, but after one of these two orders, and therefore the Ministers of the Church of England being priests after nei­ther order, must leaue the priesthood of the new Testament solely and entirely to the Son of God, and content themselues with those titles and names of Pastors, Preachers, Ministers, Elders, &c. where­with the wisedome of the Holy Ghost hath endowed them.

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

Answ. VVe hope men are not to learn now that words are not to bee taken ac­cording to their derivation, but ac­cording to their use, for an Idiot in our speech commeth from [...]: And yet he that should say the Apostles might be well termed Idiotes because they are cal­led [...], would prooue himselfe little Act. 4. 13. Col. 1. 1. lesse: so likewise a frier comes of frater, And yet he that should argue that there­fore the ministers of the Gospell may bee called friers because they are called fra­tres, should make but a frier-like conclu­sion. [Page 62] Thomas Aquinas might haue taught Aquin. 22. qu. 91. art. 1. 2. men this, that aliud est etymologia nominis aliud est significatio. The derivation of a name is one thing and the signification ano­ther, yea Aristotle can shew us that verba significant ad placitum. i. they signifie not of Arist. peripa - [...]. lib. 1. themselves, but accordingly as people consent and agree to use them, but the name of Priest by common use of our people, is taken up to signifie a sacrificer, ut supra. And therefore wee say of the name of Priests, as Augustine saith of the name of fatum which some expounded in a good Aug. lib. 5. de civ. Dei. c. 1. sense, sententiam teneat, linguam corrigat. Let him hold his meaning, but let him mend his speech. VVherefore (most o­ble King) 1. seing the holy Ghost, who should be the framer of a Christians ton­gue hath kept a continuall distinction be­tween the Priests of the Law and the mi­nisters of the Gospell. 2. seeing it is one of the royalties of the sonne of God to bee accounted, and so called the onely Priest of the new Testament. 3. seeing in our office and ministery wee quite differ from the popish Priests and so should differ in our names also. 4. seeing the name of a Priest in our language imports a sacrifi­cer, which no man of iudgement will say is a fit name for a minister of the Gospell. 5. seeing it leaues a scruple in the peo­ples heads. 6. seeing the soundest and the best divines in the land haue dis­liked [Page 63] the title. VVe therefore beseech your most excellent Majesty to take away the Popes liverie from us, and to bestow upon us by your princely lawes those names and titles, which the holy Ghost in great wisdom hath assigned us. No doubt but to be continuall looking glasses and remembrances of our duty.

Against the Ring in Marriage.

THat there may be a civill use of the ring in Marriage wee make no que­stion: good divines approue it. At Buc. loc. cit. Szeg. loc. com. p. 174. Pisc. ib Mat. 23. 17. Nic. ad resp. Bul. c. 30. q. 5. first it was used in the matrimoniall con­tract, as appeareth by that in the decrees: postquam arrhis sponsam sibi sponsus per di­gitum fidei annulo insignitum despōderit &c. aut mox aut apto tempore &c. ambo ad nup­tialia foedera perducantur. After that in pledge the bridegroom haue espoused unto himselfe the bride, by putting upon her finger the ring of promise &c. either immediately after, or in convenient time, let thē both be brought forth to the marriage bond. And if it had been so used still, we know no body that would haue disliked it, but to bring every hu­mane invention into the Church of God and there, to offer it up to God in prayer, maketh us to renew that complaint of Aug. ep. 119 ad Ianuar. Augustine. Ipsam religionem, quam paucis­simis [Page 64] celebrationem sacramentis misericor­dia Dei liberam esse voluit, servilibus oneribus ita premunt, ut tolerabilior sit conditio Iudaeo­rum, &c. That religion which God in mercy would haue to bee celebrated in a very few Sa­craments, they so loaden with seruile bur­thens, as that the condition of the Iewes is more tolerable.

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

10. Against longsomnesse of Service.

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

Therefore it must rather bee respected. [Page 65] Ambrose sayd well vpon these words: let Ambr. in 1. Cor. 14 them speake by two or three, viz. Ne occu­parent diem linguis loquentes & eorum inter­pretes, & non haberent tempus prophetae Scripturas discernendi, qui sunt totias Eccl. illuminatores. Let not them speak witb tongs, and their interpreters take up the day, so that the Prophets which are the light of the whole Church haue no time to open the Scriptures.

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

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

Therefore seing preaching is the better, when a man either through weaknes of body, or want of tyme cannot do both, wee take him bound to doe the better .i. [Page 66] to preach to the people.

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

Therefore this abuse ought to bee a­mended.

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

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

2. Againe, this is such divinity, as [Page 67] we never heard of to place all de­votion in long prayer: the Pharisees were Luc. 21. 47 Aug. de heres c. 57. Math. 6. 9. of this mynd, and Enchits of old, and the Monks, and friers of late; But our Saviour Christ belike measured devotion by some other rule, who taught his disciples so short a prayer. The humble publican said Luc. 11. 13 no more but this, God bee mercifull to mee a sinner. Platina writes of the Apostles that they did consecrare ad solam domini­cam So Gregor. lib. 7. epist. 63. orationem: he means they had no other set prayer: then the Lords prayer. VVhat shall we think they wanted devotion also Augustine writes of the religious men in Egipt: dicuntur fraters in Egipto crebras qui­dem Epist. 121. habere orationes, sed eas tamen brovissi­mas & raptim quodammodo iaculatas. The Religious men in Egipt are sayd to haue fre­quent prayers but the same very short, and as it were by sudden ejaculations. This we speak Ast. 13. 15. On S. Mi­chaels day the epist. is Rev. 12. 7. there was a batell in heaven Michael &c. as if this Mi­chael figh­ing for the church were not Christ. but an Angell. p. 12. s. 7. not to condemne long prayer when occa­sion serveth. but to shew, that even they that use shorter praiers may be devout. 3. Beside all that we desire to be abridged, is not prayer, but a number of Scriptures unhandsomly shredded and pared from the rest, many times neither fitly sorted, as the lectures of the law and Prophets were, nor truly applied to the present pur­pose.

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

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

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

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

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

VVherefore (most noble King,) 1. seing [Page 69] preaching serveth most to the edification of the Church. 2. Seing when both can­not be done, the long prayer, and the prea­ching, it is Christian wisdom to do the better. 3. Seeing the practise of both our Vniversities giues liberty this way. 4. Seing nothing but mockes and untrue tales be opposed against it, wee must renew our humble suite to your highnesse, that the long and tedious service bee abridged, where there bee preachers that bee able with their faithfull and godly laboures to take up the time better.

11. Against the abuse of Church songs and Musick.

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

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

But the Church Musick and songs, as they bee now used in Cathedrall Chur­ches, and some Colledges with Organes [Page 70] and descant foreward and backward serue not to edification.

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

If the Latine seruice in poperie served to no edification, because the greatest part understood not that which was spoken, then also this theatricall musick, wherein the greatest part understand no thing, ser­veth so Aug. terms it in psal. 32. com. c. 1. Class. 3. c. 13 s. 29. to as little. Peter Martyr one of their own authors approveth this, nec iure potest (saith he) retineri fracta illa & Confragosa musica, qua ita detinentur astantes ut verba etiamsi velint percipere minimè queant. That broken and chaunting Musicke, by which the standers by cannot, though they would understand the meaning of the words ought not to be retained. And so euen popish A­quinas: Aquin. 22. qu. 91. art. 2 huiusmodi musica instrumenta magis animum movent ad delectationem, quam per ea formetur interius bona dispositio. These musicall Iustruments doe rather affect the mind with delight then further any good dis­sposition in him. And therefore, as he saith the Church used not them. Consil. Aquis­gran. Cōci. Aquis. con. 137. Decreed well, Psalmi in Ecclesia non cursim & excelsis inordinatis aut intempe­ratis vocibus, sed plane & dilucide & cum compunctione cordis recitentur, ut & cantan­tium mens illorum dulcedine pascatur & au­dientium aures pronunciatione demulceantur. Let not the Psalmes in the Church be hurried [Page 71] over or sung with loud, and strained throats but plainely and distinctly, with feeling of the heart; so as both the minde of the singer may bee fed with the melodie, and the eares of the hearers refreshed with the words.

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

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

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

But this kynd of musike by Organs and Instruments was a part of Leuiticall ser­vice. [Page 72] Therefore it is vtterly vnlawfull in 2 Chr. 29. 25. Bez. in colloq mompelg. part. 2. p. 36. Aquin. 22. q. 91. art. 2. arg. 4. the Church of Christ.

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

4. That which Christ and the Apostles, and all the godly Fathers of the Church for six hundred years together thought to be the fittest, and meetest musick for the Church, that must we think to be fittest, unlesse wee thinke to bee wiser then they. But Christ and the Apostles and all the godly fathers of the Church for 600. yeares and more haue taken plaine voyce musick, and not this kind of musick by Organes and descant to bee the fittest and meetest for Gods service, as appeareth by their practise, and precepts, Math. 26. 30. Col, 3. 16. Plinie saith of the first [...]. Plin. apud Euseb. lib. 3. cap. 30. Aug. lib. 10. canf. c. 33. Christians, that they did ante lucanos hymnos Christo Deo canere. Sing Psalmes to Christ the Lord in the morning before day, And Augustine reporteth of Athanasius: tam modico flexu vocis faciebat sonare lecto­rem [Page 73] Psalmi, ut pronuntianti vicinior esset, quam canenti: Hee made the reader of the Psalmes varie his voyce so little, that he seemed rather to speake then to sing. And Hierome dislikes, that such as sing in the Ierom. epist. ad Epiphan, dist. 82. Church should stretch their mouth and throat, as though they were at a play: And therefore this plaine voyce musick is fittest to be used in the service of God.

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

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

For Iustin Martyr (though that bee none of his work) because he there citeth Author apud Iustin. q. 107. Origen, (who liued after) yet whoso­euer is the author, he is directly against [Page 74] our brethren, as dirictlie for us in this cause: Instruments (saith he) be not vsed in the Church of God: sed simplex cantio in eis manet: there is nothing but plain singing: nam canere instrumentis in animis puerorum est: To vse instruments is for babes and chil­dren. Ita (que) in ecclesijs sublatus est tantum in­strumentorum vsus, & relictum est canere simpliciter: so that our brethren thinking by these authorities to helpe their cause, haue indeed cut the throat of it.

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

VVherefore (most noble King) 1. Seing this theatricall Musicke serveth not to edification in the Church, to the which all things there used should serue by the Apostles rule. 2. Seeing it hindereth edification in withdrawing the minde from contemplation, and pulling it down to carnall delight. 3. Seeing it was a part of the Leviticall service, which is [Page 75] now ceased in Christ. 4. Seing plain voice musicke was taken to be fittest for Gods service by Christ and the Apostles, and all the Fathers in the best times of the Church; we most humbly entreate your maiesty, that this stage-like musicke may be removed, and that which is fittest for edification, and best beseeming the spiri­tuall worship of the Gospell may be re­tayned.

12. Against the prophanation of the Lords day.

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

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

VVherefore (O most noble King) not onely we the ministers that desire refor­mation, but both your Vniversities, the Vice Chancellors, Doctors, and heads of houses, and the rest of the learned Clergy and obedient subiects, expect this at your [Page 76] Highnesse hands, that as you haue by your most Christian proclamation gi­ve Constant. Euseb. lib. 4. c. 19. Theodos. & Valent. c. de. ferijs. Carolus. magn. 139. K. Canutus K. Iuas. in martyrol. Fox p. 73. Gythcon. K. of Danes. ibid. p. 755. Exod. 20. 10. charge for the sanctifying of the Lords day and for restraining of idle sports and games upon it (as the godly, Emperours and Kings haue done before) So because through the backwardnes and disorder of many brutish people, that day is not yet so carefullie regarded as it should bee: It will please your highnesse so soone as God shall giue opportunitie, to enact it as a Law, that all your Maiesties people may not onely keep a rest, but a religious and holy rest upon that day. VVee know your highnesse knoweth the largenesse of your gates, that they be as large, as your kingdom, and therefore will provide by godly and wholesome lawes, according to the charge of your God, which is uppon you: that all within your gates. i. within your hignesse govern­ment and dominions shall keepe the day of the Lords rest in all the holy du­ties and services of it.

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

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

But the first is true: for some Churches [Page 77] reformed haue de facto taken them away, as brought in by men: and de iure they might so do: because the keeping of such times without speciall commandement, seemeth to be an observing of dayes, contra­ry to the Apostle. Gal. 4. 10. and a conse­crating of them, to the memory of men, which should onely be obserued to the Lord Rom. 14. 6. As Ambrose well saith: qui ca­lendas Ianuarias colit, peccat, quoniam ho­mini mortuo defert divinitatis obsequium, he that keepeth the calends of Ianuarie, sinneth, because he giveth divine worship to a dead man, his reason is as good against holy dayes, Amb. ser. 17 kept in the memory of Christian men, as Pagans: for divine honor should be yeel­ded to neither,

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

The proposition is thus proved. i. The Lord himselfe maketh a difference betweene the Sabboth, and other ho­ly dayes of his own appointment: for up­on the passeover day it was lawfull to dresse that, which they did eate, Exod. 12. 16, But not so upon the Lord day. Exod. 16. 2. 3. 2. the Sabboth is of the Lords in­stitution, and so precisely to be kept: ho­ly dayes are but an Ecclesiasticall consti­tituon) and therefore not in the observa­tion [Page 78] to bee made equall to the other. 3. Difference to be made in the obseruatiō of the Lords day and other holy dayes. the rest upon the Lords day doth simply bind in conscience, as all the commande­ments of God doe: the rest of holy dayes doth not simply bind in conscience, in re­spect of the thing commanded, but as we are bound in conscience to obey our go­vernours in all lawfull things: for there is but one lawgiuer which is able to saue and to destroy. Iam. 4. 12. 4. the constitutions of the Church haue observed this difference, making greater restraint of labour upon the Lords day, then upon other festivals: upon the Lords day all ruralia opera, works of husbandrie are forbidden: Ca­bilonens. c. 18. itinerari cum caballis, to travel with horse or oxen. Aurelian 3. 27. to keep Fairs, or Markets upon the Lords day. Co­loni. part. 9. c. 10. no courts or pleas then to be holden: Tarraconens. c. 4. no dan­sing, or playes, or shewes to bee used: Mogunt. c. 61. All these canons and many more provide onely or chiefly pro diebus dominicis, for the Lords dayes.

Argu. 3. That liberty which God hath given to worke six daies, ought not (where Exod. 20. 6 there is no urgent necessity) to be restrai­ned, especially where there is a necessity to labour: for where necessity requireth, wee deny not but a day of cessation may be enioyned upon the worke dayes, as when a generall day of fast, or of thanks­giving is proclaimed: yet even upon [Page 79] these daies, necessary labours are excep­ted.

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

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

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

Arg. 5. It is more lawfull by the lawe to worke upon holy daies, then for Iud­ges Cod. lib. 3. tit. 12. leg. 2 Theodes. to keepe Courts, and heare suits. The Imperiall commandeth, omnes Iudices cessent: that all Iudges should cease upon the Lords day: but it permitteth ut agro­rum culturae inserviant, that they may fol­low husbandry upon that day. Yet for this wee cite not the Imperiall, but onely to [Page 80] shew the difference of these two workes.

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

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

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

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

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

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

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

Answ. to Petition. p. 13.

Answ. 1. Would yee haue them go to dice, tables, quaffing, dauncing (as the common use is) which is the worse, wee pray you? Augustine thus saith of the Iewes sabbatizing: melius toto die foderent, Aug. in Psal. 32. par. 1. quam saltarent: they might better delue all the day, then daunce all the day. 2. And why might not men be suffered to follow their vocation upon such dayes (so it bee not done with contempt of divine service, as the reason is given in the Law: quia non [Page 82] aptius alio die frumenta sulcis, aut vineae scro­buli mandātur: it falleth out that no day is fit­ter to sow corne, and set vines in: the same Cod. lib. 3. l. 12. leg. 3. law also giveth liberty for like workes to be done upon the Lords day: But therein it must giue place to Gods law.

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

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

VVherefore (O most noble King) 1. seing holy dayes of Saints might be altogether spared. 2. and that difference between them and the Lords day should be obser­ved 3, seeing poore men are forced upon necessity to labour upon such dayes. 4. Idle and unthrifty persons, are occasio­ned by such play dayes to do evill. 5. se­ing the practise of the honorable Courts allow [Page 83] it. 6. lawes and cannos haue decreed it: It may please your most excellent Maiesty, that your pore subiects be no more vexed and troubled in Ecclesiasticall courts, for following their necessarie labours upon holy dayes) so it be out of the time of di­vine service) for the sustentation of their families: As in time of poperie the poore Saints were troubled for the same: as Isabel Tracher, was persecuted for working up­on an holy day; William Wingraue & Thomas Haukes for the like: That your excellent Maiestie resolue with the Christian Emperour Constantine, A nullo &c, presu­mi debet, ut authoritate sua fe­rias condiat: that none pre­sume by their own autho­ritie (without Gods & yours) to make such holy dayes to re­strain all la­bour.

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

ARTIC. 1. Of uniformity of doctrine.

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

Answ. 1. Are our brethren so ignorant that they know not, or so wilfull that they will not acknowledge how by di­verse both in their preaching and writing, opinions haue been taught, and defended not having a smattering onely, but a rank tast of Popery. VVhat say you then to Popish positi­ons. Hooker, lib. 1 1. p. 60. & 61. these positions: there is in man naturally that freedom, whereby he is apte to take or re­fuse any particular obiect. The like position [Page 85] the Rhemists hold, it lieth in man to giue consent, holpen also by grace. Annot. Apoc. 3. 4. they giue not a full sufficiency or abi­lity but an aptnesse & inclination to free­will by nature to consent to any obiect.

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

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

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

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

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

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

Infants if they haue not baptisme howsoe­uer, &c. the Church as much as in her lyeth ib. 5. p. 135. casteth away their soules. So the Rhemists say, no man can enter into life everlasting un­lesse hee bee baptized of water and the Holy Ghost. Annot Iohn. 3. sect. 2. This position By one But­ler a Com­missary. of the necessity of baptisme, that infants, dying without it are damned, hath been of late publickly taught, with other posi­tions of the like nature, by an unsound dogmatist in North ampt on shire, as we are enformed. All these & divers such like po­pish paradoxes haue been broached & set a foote in publick writing, and since the Authors death haue been again revived (with whom we wish they had been bu­ried) and defended by publick writing to the great offence of sincere Protestants and the no small ioy of superstitious Papists: of this sort and savouring of the same lea­uen are these such like doctrines, that iusti­fying faith may be lost: that it is not proper to the elect: that a man cannot be sure of his sal­vation: that a man hath free will to beleeve: that Christ died not onely for the Elect. These and such like positions haue been publick­ly [Page 87] by some maintained, both in pulpits and Scholes: How then are not our brethren ashamed to call these false imputations and shamelesse suggestions.

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

3. VVee put not weapons into the ad­versaries hand to wound us, which com­plaine of unsound teaching, but they giue occasion & advantage to them that depart frō the currāt doctrine of the Protestants, and refine over the old Popish dregges. VVherefore our brethrens words (it bad been good that these men had been never able to write, then to write thus to the scandale of Gods Church and his sacred truth) might [Page 88] more truly haue been uttered against those that haue thus in their writing maintained corrupt popish doctrine, then against them that haue profitably employed both their tongues and pennes against the common Adversarie. How far now are our Brethren from the Spirit of Moyses, who wished that all the people of God could prophecy. And Numb. 11. 28. our Saviour biddeth us to pray the Lord of the haruest to send forth labourers into his harvest. But these wish that many Mat. 11. 38 profitable men had been never able to write.

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

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

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

Answ. 1, How followeth it? wee may [Page 89] kneele, sigh, weep, knock upon our brests, hold up our hands to heaven in our pray­ers: Ergo it is lawfull to bow at the name of Iesus: seing for the one we haue warrant both by precepts and example of Scrip­ture, and so wee haue not for the other. 2. In that the knee is bowed rather at the name of Iesus then of Christ, or of God the Father, and God the holy Ghost, it is evident that this reverence is done to the name, not to the divine Maiesty, which e­qually in all these names is to be adored: if then the sound of the name be adored, it is superstition: if the person, it bringeth an inequality of the Godhead. 3. As well may the name of Iesus be bowed unto, when it is seene painted or written in the glasse windowes, as when it is pronoun­ced: for why should not the sight thereof be as holy to the eye, as the sound to the eare? And indeed thus a certaine late Po­pish Synode perswaded to kneele down before an image because the people bow at the name of Iesus: these are their words: Nec maiori idololatriae periculo, quam ad no­men Iesu genu flectitur: quem enim vocula cursim auribus insinuat, hunc eundē fidelibus oculis imago repraesentat. 4. The petitioners therefore had good cause to moue, that ministers be not (contrary to their iudge­ment & consciece, wit hout warant of the word) to teach their people: for that place which is commonly alleadged Phil. 2. 10. [Page 88] God hath given him a name aboue all names, that at the name of Iesus should every knee bow, both of things in heaven, things in earth, &c. can haue no such meaning. 1. The Apostle speaketh not of the outward knee for the Angels haue no such knees, w c not­withstanding do bow at the name of Ie­sus, as the Apostle saith: let all the Angels Hebr. 1. 6. of God worship him. And Ambrose saith: ag­noscentes Angeli mysterium genu illi flecten­tes: Ambros: in [...]. lim. 3. the Angels do bow their knees. 2. Nei­ther doth the Apostle speake of a name consisting of letters and sillables, but of the divine power given unto Iesus, that shall be adored of all, as the Prophet expoun­deth: every knee shall bow to him, and every Esay. 25. 23. tongue shall sweare by him. This argument is urged by Ambrose, nomen quod est super Ambr. in Ph. 1. 2. omne nomen, &c. this name aboue all names is the name of God: if this name did not con­sist by nature, it were not aboue every name: appellativum enim nomen in solo vocabulo est, non in natiuitate naturae: a name appellatiue is onely in the word, not in the naturall genera­tion.

3. Of the puklick reading of Apocrypha.

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

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

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

Answ. So doth Iosephus and Plinie, with other foraine writers: doth it follow ther­fore that they should bee read in the [Page 92] Church; though they giue some light, yet the Scripture giueth to it selfe a grea­ter light: which as his Maiesty saith: is alwayes the best interpreter of it selfe. And [...]. p. 10 Meditat. in 20. Revel. in another place his Maiesty excellently writeth: We are taught, onely to use Scrip­ture for the interpretation of Scripture, if we would be sure, and never swarue from the analogie of faith in expounding.

4. Our reasons against the publick rea­ding of Apocripha are these. 1. In the Church of the Iewes in the Apostles time onely Moyses and the Prophets were read. Act. 13. 15. & 15. 22. 2. The Scrip­tures are sufficient both for doctrine and manners, 2. Tim. 3. 16. 3. Because the Apocrypha books, as Hierom saith, con­tayne many falsities mixed with truth. The contradictions between the Canoni­call book of Esther, and the Apocryphall are divers, and not to be reconciled, as the learned haue noted: the story of Bell and the Dragon, Hierom calleth fables: and so doth Augustine in Tobie the Angell is Consule Whit. q. 1. de script. c. 18. Praef. in Dan. Aug. de mirabilibus. lib. 2. c. 32. broght in to tel a tale, that he was of the stock of Azarias c. 5. 8. The devil is driven away with the smel of a broiled liver. c. 8. 3. The story of Iudith commendeth such trickes and devises, as became not the modesty of a woman professing vertue. Ecclesiasticus telleth us that Samuell pro­phecied after hee was dead. c. 46. 20. In [Page 93] the Macchabees, Iudas is commended for offering sacrifice for the dead, l. 2. c. 12. Razis extolled for killing himselfe. l. 2. c. 14. v. 42.

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

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

Lastly, what other thing haue the peti­tioners here moved, then his Maiesty hath first written: As to the Apocripha books I omit them, because I am no Papist, and [...]. p. 1 [...] indeed some of them are no wayes like the di­tement of the Spirit of God. I hope now our brethren will leaue for the urging of this point of those fierce termes of grosse­ly, [Page 92] ignorant, wilfully malicious, and turbu­lent, lest wee say to them as Augustine to Iulian, when hee had produced Hilarie a­gainst lib. 2. cont: Iulian. pelag him: nunc ergo ne tuis stomachi fellis indigesta maledictorum cruditate rumpatur, in bunc evome si audes calumniosas tuas vanitates: Now lest your stomacke burst with undigested rankor, cast it upon him, if you dare, &c.

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

1. Of a learned Ministry.

FIRST in that we desire that none but Preachers from hence forth bee admitted to the ministrie: what do our brethren meane to impugne so honest and reasonable a petition; doe we herein request any more then his Maiesty hath in his princely Book approved, thus writing: see all your Churches within your Dominions planted with good pastors: what [...]. p. 43. is there now so grosse in our Church which these men will not mayntayne, taking vpon them to iustify an vnlearned [Page 93] ministery, vnlesse they mistike this motion because it proceedeth of vs Hierome sayth in alijs probant quod in me reprobant, quasi praefac. in paralip. virtus & vitium non in rebus sit sed cum authoribus mutetur. They like that in others, which in me they mislike, as though good and evell were not in the things, but altered with their authors. 2. what reason had they for the Lord day, which terme the peti­tioners Of the name of Sunday. vse, to say Sunday? Doth this name which was inuented of the heathen, bet­ter like them then the name of that day, found in scripturs: Or did not the fa­thers much mislike those heathenish Apoc. 1. 10. [...]. Pref. in Psal 43. names of the dayes of the weeke? As Au­gustine thus writeth of dies Mercurij no­lumus vt dicunt at (que) vtinā corrigantur ne di­cant. We would not haue men cal it Mercury day or wednesday? and I wish that order were taken, that they might not so call it. The very papists themselues confesse that the word Sunday is an heathenish calling. And some of our best writers acknow­ledge that the name of Sunday & the rest Fulk Rhemis annot. in apoc 1. 10. had an heathenish beginning, & therefore were better to bee otherwise termed. But passing over these lighter matters wee will first produce our reasons for a learned Ministry: and then examine theirs in iustification or excuse of an un­preaching order in the Church.

[...]
[...]

Reasons and arguments shewing the necessity of a lear­ned Ministry.

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

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

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

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

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

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

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

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

7. S. Paul doth especially require this, as an essentiall property in a minister to be [...], apt or able to teach. 1, Tim. 3. 2. Hierom saith well: Innocens & absque ser­mone [Page 98] conversatio, quantum exemplo prodest, Hier. Ocean. tantum silentio nocet, An innocent conversa­tion without teaching as it helpeth by example so it hindreth by silence. And it is Origenes note upon these words of Paul: wo is me, if I preach not the Gospell &c. propter hoc so­lum, Tract. [...]3. in Math &c. for this thing onely, if I preach not, not for conversation is this woe pro­nounced.

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

9. All those whom Christ sendeth are furnished with gifts accordingly: Eph. 4. 8. 11. Hee hath given gifts vnto men, &c. some Apostles, some Doctors, &c. Ieroboam made of the basest of his people to bee Priests of his golden calfes: onely Aarons sonnes, ministred to the Lord at Hierusa­lem. 2. Chron. 13. 9. 10. VVhat shepheard will carry into the field a dogge that can not not barke: for as Hierome well saith: Hier. ocean. latrata canum, baculoque pastorum, luporū ra­bies deterrenda est: the wolves rage, the sheap­heards staffe, and dogges barking must as­swage. VVherefore seeing ignorant mini­sters [Page 99] are as dumb doggs, Ieroboams Priests, men of no gifts, they are not sent of Christ, &c.

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

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

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

Coloniens. p. 4, c. 1. Officium parachorum, [Page 100] &c. the office of parish ministers consisteth in two things, the dissemination of the word, and administration of Discipline.

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

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

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

Answ. It is untrue, that there were No unpreach­ing Pastors in the primitiue Church. any Ministers in the Primitiue Church which had charge of soules, being not able to preach. Chrysostome and Peter Martyr with others are onely named, their words are not alleadged: the first indeed saith: Senioribus, qui inutiliores sunt, hoc baptizandi munus committimus, verbum autem quod doceant, sapien­tioribus: Wee commit the office of Bap­tisme [Page 101] to some somewhat unprofitable, but the preaching of the word, to the wiser sort. Pe­ter In 1. Cor. 1. Martyr saith: tingendi munus cuilibet in Ecclesia committi potest. the office of dip­ping may bee committed to any. But first these testimonies serue not for the Pri­mitiue Church, which reached not to Chrysostoms time (if we speak properly) yet Chrysostome speaketh but by way of Chrysost. ibid cōparison, that where ministers were, they made choyce of the wisest for preaching: in comparatione civili prudentia utitur: hee speaketh by way of comparison, as civill wise men use to do: they were not then altoge­ther unprofitable, that baptized, but in comparison. And Peter Martyr speaketh not of ministers onely, but his opinion was that any might dippe or lay on water the minister using the words, which con­ceit wee leaue unto the Author. Further wee deny not but that in some Churches Deacons, and other Ministers baptized, which preached not (which use how com­mendable, wee are not now to discusse.) But never shall it bee shewed, that in the better and first ages of the Church any Minister had the charge of soules, that could not preach, as Chryso­stome sheweth: quoniam oportet & eum quae sunt Rectoris habere, idcirco subiunxit aptum ad docendum: because hee must haue those things, which belong to the Rector or spirituall governour, hee addeth apt to teach, [Page 102] &c. this is not required of the people, sed illi ante omnia adesse debet: but hee must haue it aboue all which taketh upon him this office. Lastly, admit that such a corrupt use had crept into the Church to allow unpreaching pastors, yet is it directly con­trary to the Apostles precept who maketh it of the essence of the pastor to bee apt to teach. 1. Tim. 3 2. such was also the practise of the Primitiue Church: all their pastors were preachers. Act. 20. 28. 1. Thess. 5. 12. 1. Pet. 5. 2.

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

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

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

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

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

Answ: Of like consequence is the argu­ment A learned ministery possible. that followeth, The liuings are not sufficient to mayntayne preachers Ergo it is not possible to haue all preachers and men of worth. 1. VVhy doe our brethren then of Oxford and Cambridge hinder the sufficiency of Ministers mayntenance, as much as in them lyeth by gainsaying the Kings princely motion, for disposing [Page 104] of the leases of impropriations to the vse of the incumbent preachers, whereof wee shall haue cause to intreat afterward. 2. This yet is no excuse for such vnsuffi­cient Ministers, as enioy sufficent liuings wherof there are a great number. 3. Al­though the want of mayntenance bee a great let to a learned Ministerie: yet it is possible though with much difficulty, to plant preachers even where such defect is, as in the Apostles tyme, and many yeares before the Church was endowed: and the next way to enlarge the Ministers mayn­tenance were to place every where wor­thy men whose painfull labours would provoke mens liberality: At the least, let such Churches as haue sufficient maynte­nance, first bee sufficiently provided of good men: And for the enlarging of the rest, the Prince and the state must bee humbly sued vnto. And Clergy men for so much as lyeth in their power, should shew themselues ready by their exam­ple.

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

Answ. Is not this also a goodly argu­ment: Of extempo­ral Preachers Many do please themselues in their ex­temporall gift, &c. and for their grosse ig­norance haue deserved to be blotted out of the number of preachers: ergo all Ministers need not to be preachers for this must bee the con­clusion, or else they do but trifle: as though [Page 105] the presumption of the one doth excuse the idlenesse of the other: because one shooteth too far, shall another shoot too short. An extemporall gift as wee simply allow not (for the word of God must bee reverently handled) so wee see not why men of long study and exercise may not, where the present necessity is such, shew their readinesse that way. As Origene was sometime forced to doe: singula rimari ex­temporaneus Homil. 8. in Levit. iste sermo non patitur: Such ex­temporall preachers were Ioan. Antiochen, presbyter, and Honoratus Mussiliens. epis­copus, extempore in Ecclesia declamator. An extemporall preacher in the Church. And as extemporall sermons are loose, so bo­some sermons, that are verbatim delive­red, are too curious: as wee condemne the one, so wee commend not the other approving therein the iudgement of Augustine; Donec significet, i. se intelligere, versandum est quod agitur multimoda varie­tate dicendi, quod in potestate non habent, qui praeparata & ad verbum memoriter retenta prv­nnntiant. Till it appeare that the people un­derstand that which is handled it must be ope­ned with variety of phrase, which they that repeat things word for word as they haue con­ned thē by hart cānot do. Thus by such weak arguments, as we haue seene the Confuters haue boulstered out (as Mammets and men of straw) the dumbe and Idoll Mini­sters. VVee are right sorry that Oxford [Page 106] Doctors now under the Gospell should so much swerue in the iudgment of the truth from their predecessors in the time of Po­perie: who decreed much better concer­ning this mater, then these men now write. Presbyteris parochialibus districtè iniungimus &c. we enioyne the presbyters of every parish to instruct the people commited to them, with the word of God: ne canes muti iudicentur Concil. Oxo­niens. sub. Stephan. cum salubri latratu in caulis dominicis lupo­rum spiritualium morsus non repellunt. This Councell calleth them all dumbe dogges, that do not instruct and preach unto their people, and driue away by their whole­some doctrine the wolues.

VVherefore O most noble King 1. seing God refuseth them to be his ministers, that The conclu­sion. haue no knowledge, 2. neither are such fit stewards over Gods house, 3. they are in­fatuated salt, 4. seing ignorāce is inexcusa­ble in the people, much more in the pastor. 5. & by the ignorāce of such faith decay­eth. 6. the destruction of many soules en­sueth. 7. seeing a Minister by S. Pauls de­scription should bee apt to teach. 8. and that it is a punishment sent of God to haue unskilfull shepheards. 9. and all whom Christ sendeth, he furnisheth with gifts. 10. Seing by the canons and practise of the Church such unsufficient Ministers are condemned: Seing nothing can be obiec­ted in the contrary of any moment, 1. Ob. that although there bee diverse gifts, yet [Page 107] every pastor ought to haue them in some measure. 2, Obj. neither were there any pastors in the Primitiue Church no prea­chers, 3. neither is it a thing impossible to haue every where sufficient Pastors, VVe are perswaded that your Christian Maiesty out of your Princely iudgment will in due time see the Church reformed in this point and therein follow the example of that noble Charles King of France who enacted thus: providimus pro aedificatione omnium Ecclesiarum, &c. Wee haue provided for the edifying of all Churches, that not onely in Citties, but in all parishes, the presbyters Synod. Are­lat. sub. Ca­rolo. caus. 10 preach the word to the people, that they may learne to liue well, &c.

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

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

Answ. 1. How can the Petitioners bee counted uncharitable, when they wish some charitable course to be taken for the reliefe of unsufficient Ministers. Neither is it propounded simply, but with a disjun­ction, [Page 108] or else that they be forced to maintaine preachers, according to the value of their li­vings, &c. And wee pray you, how many are there to be now found, that were en­treated to take upon them the Ministry for want of sufficient men, or that were in time past sufficient and are now decayed by age, sicknesse &c. are there not almost an hundred other unsufficient Ministers to one of this sort? and they that are of that quality, why should they not haue coadiutors, as Augustine was to Valerius, Eradius to Augustine, Nazianzene to his Father: Anysius to Acholius of Thessalonica. Should the people perish for want of in­struction because of their infirmitie? But say it had been simply moved to haue all unsufficiēt ministers removed, so they were provided for: is this course uncharitable? then count the Apostle uncharitable, who willeth that he w ch laboureth not, should 2. Thess. 3. not eat: or what think you of these anci­ent canons: peregrini presbyteri, si praedica­tores sint veritatis suscipiantur, sin minus, ne necessaria subministrentur eis, Can. apost. 34. Episcopus vel presbyter, &c. si in pietate popu­lum non erudit, a communione segregetur, si in ea socordia perseveraverit, deponitur: can. 57. So was it also decreed in the Councell of Oxford: si residere noluerint, cum non nisi laborantibus panis dandus sit, Ecclesijs per E­piscopum spolientur. Say also that they are uncharitable that thus decreed; that [Page 109] unpreaching Ministers should not be releeved, that they be put from the Communion, and finally if they continue in theyr idlenes, to bee deposed.

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

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

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

Answ: Our brethren tell us of better supplies of these defects, then by prea­chers: To be other­wise supplied as by frequent reading of scripture, by the forme of common prayer, by the reading of homilies, quarterly sermones: for answere wherevnto wee say, 1. if quar­terly sermons make a good supply, wee hope that weekely sermons euery Lords day afford a better: how vnaduised then [Page 108] [...] [Page 109] [...] [Page 110] are our brethren to call the word seldome preached a better supply then the same diligently preached? 2. Bishop Ridley is al­ledged to speake in commendation of the booke of common prayer: neyther doe wee for the substance condemne it: the times must bee considered wherin he wrote, when the masse was restored, in respect whereof our Leiturgy is much to be preferred. His words further are these, Howsoeuer in tyme past in certayn by matters and circumstances of religion your wisdome and my simplicity (I grant) hath a little iar­red: Fox Marty­rol. p. 1504. epist. ad Hoo­per. ex epist Rid: ad Hooper. Here the same Reverend Bishop giueth way to Bishop Hooper, and modestly confesseth his too much stifnesse in mayntayning of some ceremonies. But he was farre off from making the booke of common prayer a supply of preaching, and therefore he is here very impertinently alledged. 3. But what vnsauory words are these to say that the reading of homilies and of the booke of common prayer are ordinary and effectuall meanes to continue and increase the people in the true fayth: 1. VVe had thought that as the word of God is the ordinary effectuall meanes to begette faith: as the Apostle sheweth, that faith commeth by hearing. (Rom: 10, 7.) the word preached. v. 14. So it had beene likewise the ordi­nary effectuall meanes to encrease faith, according to S. Peter: as new borne babes [Page 111] desire the syncere milke of the word, that yee may grow thereby. 1. pet. 2. 2. VVee are not only begoten by the word, but wee also increase and grow thereby. Hierome, or who also was the author, sayth much better: Quando doctrina non erit in Ecclesijs, &c. when teaching is not in the Church, Reg. monar [...]. wee know that all vertues perish; because the word of God is not taught: But if reading were the ordinary and effectuall meanes, &c. vertue for lacke of other teaching, needed not to perish 2. But if they be or­dinary meanes, &c. then tell vs, do those Churches which haue no such reading of Homilies. as in Scotland, Geneva, &c want the ordinary and effectuall meanes to en­crease them in the true fayth: and shew vs how many of the people haue been converted, and increased in the faith, by these your ordinary and effectuall means. 3. VVee commend reading of scrip­ture, and allow a godly forme of prayer, but not as principall and sole meanes by them selues effectuall or ordinary to in­crease or beget fayth: More equall seem­eth to be that decree of the Lateran Coūcel inter caetera &c. Among other things, which Lateranens. sub. Innocen. 3. c. 10. concerne the saluation of the people: pabulam verbi Dei per maximè sibi noscitur necessariū. The foode of the word of God is knowne to be most necessary. for as the body is not nourished without materiall food, so nei­ther is the soule without spirituall?

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

And yet our brethren, as though they had neuer read this place, are not affrayd to affirme that reading is as effectuall a means to encrease men in the faith. I would they had not given occasion to [Page 113] haue Iobs words returned upon them, Iob. 13. 4. lib. 1. in. luc. Yee are all Physitians of no value, and as Ambrose saith: leprae medicina verbum est, contemptus utique verbi lepra mentis est: The medicine agrinst leprosie is the word, and the contempt of the word the leprosie of the soule. they then that extenuate the preaching of the word, are like sooner to encrease, then cure the maladies of the soule.

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

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

2. Diligence and attendance is required in other externall offices: the steward must giue the houshould meate in season. Mat. 24. 41. He that ruleth must do it with di­ligence. Rom. 12. 8. much more is dili­gence [Page 114] and residence required where men are set over the peoples soules. Heb. 13. 17. which is more then to haue charge o­ver their bodies and goods. Ambrose saith well: quo praeclarior causa, eo cura debet esse Offic. lib. 1. c. 44. attentior: the better the cause, the greater should be the care.

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

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

5. The Prophet calleth him an idle [Page 115] sheepheard that leaveth the flock, Zach. 11. 7. Our Saviour nameth him an hireling that leaveth the sheep and flieth: Ioh. 10. 12. But hirelings and idle sheepheards are not to be suffered in the Church. Au­gustine saith well, Quae igitur fuga cavenda est, &c. What fleeing is to be shunned; even that whereof our Lord speaketh; the hireling when hee seeth the theefe flieth. Psal. 141.

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

7. Non-Residents cannot discharge their pastoral duty being absent, as it belongs to the sheppard to heale the sicke, to bind up the Esa. 34. 4. broken, to seek that is lost. Bernard saith wel: quomodo securus abis, qui gregi tibi commisso omnem de se securitatem aufers, &c. How Epist. 4. canst thou bee secure being absent, when thy flocke cannot be safe or secure, who shall com­fort them in their tribulations, provide for them in their tentations: quid facient novellae plantationes Christi, &c. What shall the tender plants do, set with thy hand, who shall dig and dung thē about, hedge them in, & prune them, [Page 116] &c. these duties it is impossible for non-residents to performe.

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

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

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

First the Canons haue limited the time of the Pastors absence: si intra sex menses non redierit, &c. If he that is Non-Resident returne not within six moneths, hee must bee [Page 117] depriued. Innocen. 3. Greg. 3. 4. 11. Qui in­fra proximum mensem, &c. Hee that refu­seth to be resident within one month, let. him bee deprived: Synod. Hildeshemen. c. 16. But the ancient Canons giue not so much li­berty. Episcopus per tres Dominicos, &c. The Bishop must not bee absent aboue. 3. Lords dayes from his Church. Sardic. c. 4. Oportet eos qui persunt Ecclesiis, &c. they which are set over Churches ought every day, but especially the Lords day to teach the people precepts of Godlinesse out of the Scriptures. Tertull. c. 9.

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

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

4 ly. Gratian the Emp r. made a Law, that advocates chosen to any place of go­vernment [Page 118] in their country should not extra eam eva­gari, wander abrood from the charge. Cod. l. 2. tit. 7. leg. 2. And Iustinian decreed that ad­vocates aboue 3. yeares absent from the citty should lose their priviledge ibid. ti. 8. l. 7. much more is the residence of Pastors required in their Churches, who haue cure of souls, if their presence be so necessary, that haue charge onely of mens bodies and goods.

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

Answ: 1. It were better the pastors should want maintenance then that many soules should perish for want of instruc­tion. 2. where the Church hath not main­tenance inough of it selfe, it is not hel­ped by accepting of another, for that Minister, which is the others substitute is in want still, so the parson is provyded for, but neyther the place, nor the people. 3. in this case prouision may bee otherwise made for mayntenance, then by plurali­ties, as by disposing otherwise of impro­priate tithes: that such as are not yet im­proved, might bee demised for the old rent to the incumbent preacher: such as are improved should bee taxed with a convenient portion, issuing forth to the preacher: as also Churches may bee vnited [Page 119] for the same end: which vniting is by the Canons allowed in 4. cases. 1. for the paucity and fewnes of the people: quae minus In what cases Chur­ches may bee vnited. decem mancipia habeat alijs coniungatur Ec­clesijs Toletan: 16. can. 4. 2: propter vici­nitatem loci, for the neerenesse of the place, as Gregory did vnite Cumanam & Micena­tem Ecclesias. Vicinitas loci nos inuitat caus. 17. qu. 1. c. 48. 3. When any Church is vasted or decayed: post quam hostilis impietas diuersarum ciuitatum vastauit Ecclesias: caus. 16. qu. 1. c. 49. 4. si ita fuerint tenues in substantia, &. If they bee so small in substance, that they are not able to mayntayne the proper pastor: Greg. 1. 14. 4. 4. This obiection helpeth not them that possesse many and rich benefi­ces, who are not driuen to haue pluralities of necessity, but of an ambitious and co­vetous mynd, and superfluity.

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

Answ. Neither doth it follow, because some parishes are large, and haue many Chappels, which would require two or ten men, &c. that therefore a man may be as well non resident in diverse Parishes. 1. the one is a non residence necessary, it being but one parish by the law, the other voluntary: the Chappels are united for neerenesse of place and want of sufficient maintenance: but some haue Churches [Page 120] far distant, which each of them would suffice for the Pastors sustentation: there­fore the reason is not alike. 2. Such What course should be ta­ken with large parishes large Parishes might without any incon­venience bee devided, as large Diocesses haue been shared into diverse: as the Bi­shopricke of Tholouse was devided into fiue: Extravag. com. lib. 7. tit. 2. cap. 5. And heere in England the Diocesse of Ely and Oxford were taken out of Lincolne: So al­so large Parishes might safely be apporti­oned into more: Propter nimiam distanti­am Ecclesiae &c. For the great distance of the Church a new may bee builded in the parish, and a certaine portion of mainte­nance bee allotted. This liberty Alexan­ber the third granted in his rescript to the Arch Bishop of Yorke. Decret. Greg. lib. 3. tit. 48. cap. 3. 3. Or else he that is Rector of the Mother Church ought to provide sufficient maintenance for the Chappels: as Vrbane the second tooke order in the Placentine Synod; Si quae capellae sunt quae suis reditibus, &c. If there bee any Chappels which are not able by their revenue to main­taine the Clerkes, the Rector of the mother-Church shall provide both for the maintenance and Ecclesiasticall duties in the Chappels. The like constitution was made Consil. Oxoni. sub Stephan. In singulis parochialibus Ec­clesijs, &c. In every parish church where the Parish is scattered, there shall be two or three Presbyters, according to the largenesse and abili­ty [Page 121] of the church, lest when one is sicke, the ordinary duties should be withdrawne.

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

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

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

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

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

Answ. Absence from the flocke for a time upon necessary occasion is permitted both by the Scriptures and by the ancient Canons. As 1. for the service of the Church, as Paul saith, Bring Mark with [Page 122] thee, for he is profitable unto me to minister In what case the pastors absence is permitted for a time from his flocke. 2. Tim. 4. 11. So Ambrose, Paucorum dierum occupatione detentus, &c. being detayned ā few daies called away by the necessities of ano­ther Church, I haue been absent from your Assemblies. Ser. 28. Pro servitijs Ecclesiae, &c. A man may bee absent for the seruice of the Church, as being present at Councels, disputing against heretickes, and such like. Decret. Greg. lib. 3. tit. 4. cap. 13.

2. When the flock it selfe doth pursue their Pastor. Si quis plebis, &c. If any man be absent because of the opposition of his people. Antioch. can. 18. In this case Paul shooke off the dust of his feet against the Iewes, and turned to the Gentiles. Act. 13. 46. But it is not the stubburnesse of a few that should make a man leaue his flock, as Augustine excellently sheweth; Thou wilt say, Feci omnia, nihil me video profecisse, &c. I haue done what I could, yet I profit not, I would I might rest somewhere else, Oh that I had the winges of a doue, &c. Thus men say, Sed plerunque ita ligantur, ut vo­lare non possint, ligantur non visco, sed officio. But they are bound, they cannot flie, not with bird lime, but in duty. Therefore see­ing they cannot forsake their flocke, let them say with the Apostle, I desire to bee dissolved, and be with Christ. Aug. in Psal. 54. It must not be then the perversnesse of some, but the resistance of the whole flocke, which should force a man to de­part [Page 123] in this case.

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

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

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

Ans. And is it enough that a man at some time, and in some part of his charge take pains? what dawbing is this? Then giue a man 10 or 20 Benefices, for he may at some time, and in some one of them doe a little duty. Let us bee ashamed that professe the Gospell to use such cloakes which the Church of Rome hath rejected. Later. par. [Page 124] 29. cap. 6. This is rendered as a reason why one should not haue diverse offices in diverse Churches, Quia singula officia quae sunt in Ecclesijs, assiduitatem exigunt perso­narum: Euery office in the Church requi­reth the assiduity of the persons. Colon. part. 1. cap. 32. Vnus Presbyter per omnes sibi com­missas Ecclesias solus nec persolvere potest, &c. One Presbyter cannot do all the duties in all Churches committed to him. Mogant. cap. 64. Vnus pluribus Ecclesijs curam impende­re necessarium nequit. One cannot take care for many Churches.

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

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

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

Ans. Non residency nourisheth an un­learned Ministry (so far is it from maintai­ning a learned) when poore Curates are constrained to serue for small stipends, and as the Synod of Collen truly complayned, Colouiens. sub Alph. med. 3 c. 9. Churches are spoiled of their due services. Meliores, qui laborare in Ecclesia cupiunt, excluduntur. They which would doe more [Page 125] good in the Church, are excluded. As though Princes and peeres were not able to maintaine Chaplens to attend upon them, but such as liue of their flockes where they labour not. It is ambition that draweth such to Princes Courts, not any necessary service, which is contrary to the Canons, Sardicens. cap. 8, 9, 10. Epis­copus ambitione magis quam Deo servire, si videbitur, &c. A Bishop rather for ambition then Gods service, going to Court, must bee depriued, (yet his Maiesty as reason is, may haue to preach before him men of the best gifts, without any long absence from their flockes.) Bernard when Pope Inno­cent sent for him refused to goe, making Epist. 153. his answere: Non dico, juga boum, aut villam emi, &c. sed plane parvulos me lacta­re fateor &c. I say not I haue bought oxen, or a farme, but I suckle little ones, and there­fore I see not how I can come without their great danger.

Vniversities are not maintained, but hin­dred by non-residents, when by this meanes the elder sort liue there like drones, and keepe out yonger students, that might doe more good. As for the masters of howses, most of their places are sufficient without other helps to main­taine them in competent sort, the other might be provided of dignities without cure, that they need not clog themselues with benefices. Cathedrall Churches also [Page 126] may be served with residence of Prebends by course: there is no necessity of conti­nuall or long absence from their flockes for this cause: the onely inconvenience is to their purse, if they bee not perpetuall residents, according to that Canon which forbiddeth, Ne canonici non residentes, quo­tidianas distributiones ex integro perciperent. They should but so much want of their divident.

VVherefore (most noble King) 1. Seing sheepheards ought to attend upon their flock. 2. and Stewards upon their charge. 3. and every one must abide wherein hee is called, 4. seeing ministers are watch­men, 5. and they which flee from their flocks are idle shepheards and hirelings, 6. they which feed not the flocks loue not Christ, 7. and they which are absent cannot discharge the pastoral duties, which are many, 8. seeing non residency bringeth apparant danger to the flock: 9. and ma­keth the Pastor inexcusable: 10. and is condemned by the Canons and constituti­ons of the Church. And further, seeing nothing of any moment can bee alledged in excuse of Non-residents, 1. Neither the smalenesse of living, 2. nor largenesle of the parish, 3. nor sufferance by some po­sitiue lawes, giving way to the time, 4. nor absence upon some necessary occasion, 5. Seing non-residency tendeth not to the maintenance of learning, Court, Church [Page 127] nor Vniversity: we trust your Maiesty is resolved to cherish good Pastors, and to see all Churches planted with such, as shall reside to doe their duty among their people. And to say with Ambrose, Ego Amb epist. 54. diligo eos vel Presbyteros, vel Diaconos, qui cum aliquo processerint, nequaquam se pati­untur a suo diutius abesse munere. I loue such Presbyters and Deacons, who when they are gone abroade, will not long be from their charge.

ARTIC. 4. Of the Marriage of Ministers.

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

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

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

Secondly, seeing the preachers consen­ted in all substantiall points of doctrine, they should haue used their Christian li­berty in such ceremonies according to the Apostles rule: the kingdom of God is not meate nor drink (nor by the like reason ap­parell) but righteousnesse, and peace, and ioy in the holy Ghost, for whosoever in those things serveth Christ is acceptable to God, and approved of men: let us follow those thing [Page 129] which concerne peace, and wherewith one may edifie another. Rom. 14. 18, 19. Vniformity in ceremonies then should not haue been so strictly urged, seeing there was a gene­rall consent in doctrine, but forbearance should haue been vsed in matters (say in­different) for peace sake: in una fide nihil officit Ecclesiae sanctae consuetudo diuersa. Toletan. 5. can. 5.

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

4. Profitable ministers though wanting in some externall matters should haue been borne with for the common good of the Church: this course S. Paul tooke: what then? yet Christ is preached all manner of [Page 130] wayes; whether under pretence or sincerely, I therein ioy, and will ioy: Phil. 1. 18. Thus Hierom saith well: Ecclesia numero superata Advers. Ioan bierosol. peccantium, &c. the Church overcome with the number of offenders doth pardon the shep­heard to do the sheep good. Yea the Canons allow a toleration for the profit of the Church, Vbi Ecclesiae maxima utilitas, vel ne­cessitas postulet; where the necessity or utility caus. 1. q. 7. cap. 17. of the Church so requireth. There was small reason to thrust out preachers for trifles, there being such want of preachers, 4000 Churches in England yet being without. 5, Subscription was urged by force not by perswasion, there was no course taken to resolue them that doubted, and Bishops peremptorily required subscription, with­out yeelding any reason further, or satisfa­ction to the doubtfull contrary to the Apostle, who saith: not that we haue do­minion over your faith. 2. Cor. 1. 24.

But they which urged subscription commanded, they perswaded not mens conscience, the Church of Rome some time was more equall, as Leo, 1. thus wri­teth: plus erga corrigendos agat benevolentia, quàm severitas: plus cohortatio, quàm com­minatio: plus Charitas, quàm potestas, &c. with those, that are to be corrected, let Cle­mency prevaile more then severity: cohortation then commination: charity, then authority, but they which seeke their own, not Iesus Christs, doe swarue from this Law, which [Page 131] seek rather to rule then counsell their subiects for while honour pleaseth, pride puffeth up, that which was provided for a remedy to a ma­lady. Leo epist. 82. distinct. 45.

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

7. This forcing of subscription to Ce­remonies not warranted by the word, is contrary to the Scriptures and practise of the Church: In Nehemiahs time Subscrip­tion was required, and an oath of the chiefe of the people, but it was onely to walk in Gods Law: Neh. 10. 29. not to keepe any traditions not written. VVhen Victor would haue forced the East Churches to keep Easter, as the Latine Churches did, and was resolved to excommunicate them [Page 132] certaine Christian Bishops, and Irenaeus a­mong Euseb. lib. c. 22. the rest did reproue him, tanquam inutiliter Ecclesiae commodis consulentem, as unprofitably regarding the Churches good. There arose in Gregory the first his time a Tolet. 4. c. 5 great difference in Spaine about the thrice dipping in baptisme, some doing it but once, Leander, a Spanish Bishop sent to Gregory about it, who determineth that the Infant was baptized: sive trina, sive simpla mersione: whether with thrice or once dipped, hee would haue no conten­tion about that ceremony. But his suc­cessours more rigorous, then charitable, one decreed that it was Evangelicum prae­ceptum, Part. 3. dist. 4. c. 82. an Evangelicall precept to dip thrice. Another, that hee was not a perfect Chri­stian that was not thrice dipped. Lastly, Pelagius. it was decreed in the 8. generall Councell at Constantinople, that whereas Photius the Can. 8. 9. concil. ge­neral. Con­stantinop. usurper of that sea did extorquere chyro­graphas, &c. extort from clergie handwri­tings, promising thereby to cleaue unto him, and he againe gaue them by his hand writing faculties to preach. And certaine Catholicke Bishops had taken up the like custome to urge subscription. The con­trary was decreed by that Councell: ut E­piscopi nullus chyrographas, &c. that Bishops should no more exact such subscription: sed tantummodo fierent solennitates de more, but to be content with the old use: they should en­force no new subscriptions, but keepe the old [Page 133] customes & solennities. The Bishops then in urging new subscriptions to combine the Clergy to cleaue unto them, & not other­wise to grant them licenses to preach, did reviue the corrupt use of Photius the pseu­do-Patriark condemned in this Councell.

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

9. Beside, this violent course of sub­scription hath bred a great scandale in the Church, & disturbed the peace there­of, that whereas quietly before Ministers [Page 134] ioyned together in building the Lords house, after the same began to be urged, then suspensions, imprisoning, silencing, depriving of many profitable ministers fol­lowed. Saint Paul saith, Would to God they were cut off that disquiet you. Gal. 5. 12. They were disquieters of the Church that urged the ceremonies, not they that re­fused them. Conscience forced not the one to urge subscription: for they them­selues hold these Ceremonies not to bee necessary: but conscience moved the o­ther in not subscribing unto them. VVho were then disturbers, they which urged those things, which with a good consci­ence might be left: or they which refu­sed those which with a good conscience they thought they could not use. There is a rule in the law, In rebus dubijs pars tutior sequenda; In doubtfull matters the sa­fer way is to be followed. Not to use such rites and ceremonies is no sin: but to yeeld unto them, in him that is not resol­ved, is sinne. The law resolveth, that the lesse doubted course should be taken, not to use them at all. Cyrillus thus wri­teth to Gemadius: Sicut ij qui mare navi­gant, &c. As they which saile in the Sea, when a tempest ariseth, and the ship is in dan­ger, doe disburden it of some things to saue the rest: so seeing it is not in our power to saue all, despicimus ex ijs quaedam ne cuncto­rum patiamur dispendia: Wee seeme to neg­lect [Page 135] or winke at some things, lest wee should leese all. So it had been better to haue cast out such burthenous ceremonies, then to put the ship of the Church in hazard, and disturbe the peace thereof.

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

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

3. The law especially enacted concer­ning An. 1, Eliz. cap. 12. the booke of Common praier onely punisheth such as doe not obserue it, and use the rights and ceremonies therein pre­scribed, it punisheth not such as refuse to [Page 136] subscribe thereunto: so that the law re­quireth onely obedience in practise, not subscription in iudgement to the booke.

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

VVherefore seeing subscription to the booke is first against piety, in that many things are there prescribed, not warran­ted by the word: 2. without any neces­sity. seeing there is a consent in the sub­stantiall points of faith: 3. with great partiality in punishing, more for ceremo­nies then other greater transgressions: 4. against the utility of the Church in depri­ving the same of so many profitable men: 5. preposterous enforcing by authority, not perswading by argument: 6. against charity in not sparing aged Ministers, their wiues and children: 7. contrary to the practise of the Church: 8. equalizeth humane writings to Scriptures: 9. distur­beth the peace of the Church: 10. is a­gainst the law of the land. A most happy service your Maiesty should doe unto Christ, benefit to his Church, content­ment to your best disposed subiects, to re­moue [Page 137] this hard yoake and heavy burthen of subscription: and doe herein as good Constantine did, who when bils of com­plaint were brought unto him by the Bi­shops, cast them into the fire, and made a peace among them. And as Pompey inter­cepting a packet of letters sent to Sertorius tending to sedition, burned them. And as Basilius the Emperour caused all the syn­grapha and subscriptions, which Photius had of the Ministers to be committed to the fire. concil. gener. 8. Act. 8.

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

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

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

Answ. 1. VVee haue shewed before that nothing hath bred greater variance [Page 142] and disturbance in the Church then this torture of subscription. 2. It was such a peace as Hierome speaketh of, which the Hierom. ad Theophil. Patriarke of Hierusalem brought his Clergy to: quod si pacem habere non potest cum fra­tre, nisi cum subdito, ostendit se non tam pa­cē capere quam sub occasione pacis vindictam. If he cānot haue peace with his brother, vnlesse he be his subject, he desireth not so much peace as revenge vnder that colour. And againe: nihil grande est pacem voce praetendere, & opere destruere: It is no great mater to pre­tend peace in word, and ouerthrow it in deed. so the urgers of subscription pretended peace, but they intended it not, but rather extinguished it, of whō we say with Hie­roms words: Moneas illos pacē nō extorque­re, sed velle: Tell them they should not extort peace, but exhort vnto it.

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

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

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

Answ. If the Church of Geneua vrge a But to no­thing in con­troversie as our ceremo­nies and Dis­cipline. conformitie to that which they are able to warant by the word, and haue a positiue lawe for the same, that can bee no rule or president for such subscription and con­formity, which is not so warranted. And if either they or any other Chur. shal impose [Page 143] subscription to that which is not groun­ded vpon the word, wee neyther defend nor commend it.

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

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

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

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

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

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

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

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

5. Arg. The Apostle againe saith, If there were any that would not worke, hee should not eate, 2. Thess. 5. 10. But pluralists worke not in their charge from whence they are absent: Ergo, they should not eate of such flockes. This reason is urged Oxoniens. sub Stephano, Si residere noluerint, cum non nisi laborantibus panis dandus sit, Ecclesijs per Episcopum spolientur: If they will not be resident, seeing bread must bee [Page 138] given onely to them that labour, let them bee deprived.

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

7. Arg. It is not fitte that some Mini­sters should a bound, and others want: that some men should bee eased, others greeued, as the apostle saith, but that there be an equali­tie. 1. Cor. 8. 14. Inhonestum videtur vt alij sacerdotes habeant, alij detrimentum pati­antur? Decr: caus, 16. qu. 7 -c. 1. But plu­ralities cause many Ministers to bee in want, and by this meanes keepeth them out of the Church, that would doe much good: Meliores qui laborare in Ecclesia, &c. The better sort, that would labour in the Church; are excluded, and are forced to pro­fane studies, when as they might be an orna­ment [Page 139] to the Church: Coloniens: sub Adulpho med. 3. c. 9.

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

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

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

10. Arg. VVe will now shew how this a­buse of coveting after divers Churches, hath beē censured by the ancient Canons. 1. They are decreed to be disgraded: Non [Page 144] licet clericum in duabus simul Ecclesijs con­scribi, &c. qui aliter fecerint, cadant de proprie gradu. Chalc. c. 10. 2. They were deprived of the benefice received after the first: si aliter factum, qui receperit, amittat, Lateran. 1. c. 13. 3. Et qui dederit, largiendi potesta­te privetur, ibid. The patron in this case lost his gift. 4. Electio cassatur: His election and admittance that had other dignities, is made voyd, Greg: lib. 3. tit. 5. c. 18 5. Si illud forte retinere contenderit, alio spolietur. He that contendeth to hold the first, having accepted the second, shall loose both. Lateran. sub. Innocent. 3. c. 29. 6. Excommunicatur nisi ad proximam revertatur Ecclesiam. Chal. c. 20. He is iudged to be excommunicate, that returneth not to his owne Church.

Obiections.

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

Answ. The cleane contrary is evident: Episcopi non in castellis, &c. Bishops must not be set in small towns but presbyters should be by the Bishops ordained in villages and towns: singuli tamen per singulos titulos suos: but se­verall persons in their severall titles. Anaclet. distinct. 80. 3. Here it is evidently expres­sed that the smaller towns shall be com­mitted severally to several pastors. So like­wise [Page 129] Dionysius: Ecclesias singulas singulis presbyteris dedimus: wee haue graunted every Church to his proper presbyter. caus. 13. q. 1. c, 1. Nullus presbyter duas habeat Ecclesias: no presbyter must haue two Churches, Alex. caus 16. qu. 7. c. 20. In duabus Ecclesijs cleri­cus conscribi nullo modo potest. A Clarke must by no means be placed in 2: Churches: caus. 21. q. 1. c. 1.

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

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

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

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

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

Answer. By these means if plurali­ties were lawfull by dispensation, all the restraints by Canons would bee nothing else but engines to draw profits to Courts for faculties and dispensations. 2. The Ca­nons haue no power to dispense with any precept or constitution of the Scriptures, as this is of Residence and attendance up­on the flocks of the people. 3. But the bet­ter [Page 146] Canons doe allow in this case no dis­pensation at all. Greg. Decr. lib. 1. tit. 6. 54. The Canon calleth concessionem per Archi­episcopum Dispensation for pluralities not good by the Canons. factam frivolam excusationem. The grant or dispensation made by the Arch­bishop to hold more Churches, a frivolous ex­cuse. Greg. lib. 3. tit. 5. c. 6. Ad mandatum Papae, &c. At the commandement of the Pope one is not bound to provide for him that hath a benefice already, who cannot bee provided for without scandall. Extrav. Ioan. tit. 3. c. 1. Obtinentes plura beneficis curam animarum habentia ex dispensatione virtute illius non poterunt retinere nisi unum. By vertue of a dispensation one can hold but one benefice. This canon is repeated verba­tim, Extrav. Com, lib. 3. tit. 2. c. 4. And it is the last canon in force of this matter.

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

Answ. Yes even this also is forbidden by the Canons. Venet. concil. can. 8. Ab­batibus singulis diuersas cellas vel plura mo­nasteria habere non licet, &c. It is not law­full for Abbates to haue diuerse celles or mo­nasteries, one ought to be content with one Archdeaconrie. Lateranens. part. 24. c. 5. Illud omninò est rationi contrarium, &c. It is against all reason that one person in diuerse [Page 147] Churches should haue an Archdeaconry and Deanery, when as every office in the church requireth personall attendance. Lateranens: part. 39. c. 6. Nullus debet habere plures vi­carias: None ought to haue diuers vicarages, Decr. Greg. lib 3. tit 5. c. 5. The Canon caleth multitudinem praebendarum canonibus inimicā The multitude of prebends an enemy to the canons. Thus by the Canon it is not Lawfull to hold many Monasteries, Col­ledges, Archdeaconries, prebends: only wee find liberty to hold a Church with cure, and a prebend, and that without dis­pensation: habere personatum cum cura, & prebendam, &c. Dispensatio necessaria non existit. Sext. decr. lib. 3. tit. 4. c. 6. Yea by the imperiall Law it was not lawfull for one to hold two ciuill offices: nec sit con­cessum cuiquam, &c. Let it bee granted to none to haue two Magistracies, and to exercise iudgement in both: for it is not like that one man should suffice for two necessary duties: for when he is present in one place, he must needs bee wanting in the other, and so bee wholy fit for neither, but let him bee content with one Magistrates place, leaving the other. Cod. lib. 1. tit. 52. leg. 13. Iustinian. Thus by this Imperiall constitution to hold two Chan­cellors, or Registers places, to bee a Iudge in two Courts, is thought to be inconve­nient.

6. Obj. They desire to limit the Kings fauour, seeing none except he bee the kings [Page 132] Chaplayne may hold three benefices with cure, &c. p. 18.

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

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

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

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

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

VVherfore (O most noble king.) 1 seeing a good shephard ought to bee con­versant The conclu­sion. among his flocke. 2. Not giuen to lucre. 3. must abide wherin he is called. 4. Is not sufficient for one charge, much lesse for two or three. 5, Seeing he that worketh not in his charge must not eate. 6. And by pluralities hirelings are mayn­tayned in the Church. 7. By this means some men want, and other overflow. 8. And such pastors can not bee examples to theyr flockes 9. neyther is it fitte that one member should haue the office of di­uerse. 10. The practise of the Church in former tymes condemneth pluralities. [Page 150] Seeing nothing can be objected to the con­trary of any moment. 1. That it is vnlaw­full to haue not only two cities, but two townes. 2. That neither the smallnes of the liuing. 3. Nor largenes of the parish is a sufficient excuse. 4. Nor yet to hold them by dispensation. 5. nor yet to haue many dignities without cure. 6. or to hold them by speciall favour. VVe trust your Maiesty in good time will see this a­buse reformed, which was sometime odi­ous even among the Romanists: Quis per Deum immortalem miserabilior aspectus esse Suggest. Car­din. abus. 8. potest Christianum orbem peragranti, quàm haec Ecclesiarum solicitudo. O good God, what more wretched sight can there be in the whole Christian world, then this desolation of churches.

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

1. Arg. TYthes should be used accor­ding to the first institution: but then they were permit­ted onely to the Priests: Ergo, they should [Page 151] now be proper to the Ministers of the Gospell. Thus Damasus groundeth his rea­so upon the equity of Moses Law, which prohibiteth any stranger saving onely Aa­ron and his sonnes to eate of the holy things. Exod. 29. 33. VVhereupon hee writeth thus: Oblationes, quae intra sanctam Ecclesiam offeruntur, &c. Oblations offered in the Church should by no meanes be under the power of lay men, but it is onely lawfull for Ministers to eate and drinke thereof, be­cause in the old Testament the Lord did for­bid any of the children of Israell to eate of the holy bread, but onely Aaron and his sonnes, Damas. Decr. 3.

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

3. Tythes are due for the service in the house of God: they onely haue right to reape temporall things that sow spirituall: Lay men performe no spirituall duty, [Page 130] Ergo, they ought no wayes to reape tem­porall things due for the same. This rea­son Chrysostom useth: Quomodo nunc sub Evāgelio debēt Laici oblationes &c. Vnder the Gospell how should Lay men either eate them­selues, or let to others the oblations which Christians offer to their Pastors seeing it be­longeth not to them to pray for others, in Math. 12.

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

5. I urge Ambrose reason: tanta merces esse debet Evangelizantis regnum Dei, &c. Such should be the reward of him that prea­cheth the Gospell, that he be neither grieved nor extolled, 1. Tim. 5. But where lay men farme their tythes, the Ministers portion is scant, and hath not sufficient maintenance, therefore it is inconvenient that they [Page 137] should farme the tythes.

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

7. That is neither Lawfull nor con­venient whereby an vnpreaching Ministery is maintayned, and the preaching of the word hindred. But by demising tythes to Lay men, and seuering them from the Ministers vse, this inconvenience ensueth, Ergo. &c. Hierome complayning of co­vetousnes of Bishops in his time, shewed what ensued therevpon. Solus Episcopus in­cubat diuitijs, solus vniuersa sibi vendicat, solus partes invadit alienas, solus occidit vni­uersos. The Bishop onely would be rich, he onely challengeth all things, he onely invadeth other mens right, he onely killeth all. de 7. [Page 154] ordinibus. By this meanes, while the Mi­nister was depriued of his maintenance, many mens soules perished for want of teaching. The same reason is alleadged in the Canons, that for want of sufficient maintenance saepe contingit quod non inve­niantur idoneae personae, &c. It often fal­leth out that fit persons are not found which will take such Churches, and so often times they are bestowed vpon such as are not fit, whereby souls are endangered. Greg. lib. 3. tit 4. c. 1: Decr.

8. The same Canons allow not Religious men themselues to occupy to their own use the tythes of the Churches, sufficient maintenance not being left for the Mini­ster, much lesse ought others to doe it in their right: Clemens 3. Fuit olim per sedem Apostolicam providè constitutum, &c. It hath been in time past providētly decreed by the seat Apostolick, that the Diocesans should admit none to any Church presented by Reli­gious persons, unlesse in their presence so much of the revenewes of the Church were assigned, whereout they might haue sufficient mainte­nance Decr. Greg. l. 3. tit. 4. c. 1. yea ecclesia­stical persons are bound for their lands to pay tythes, much more not to take away tythes, where otherwise the maintenance is scant. Cabilonens. sub Carolo, c. 19. De­crevit sacer iste conventus, ut Episcopi, & Abbates de agris, & vineis decimas Ecclesi [...] dare faciant. If then clergy men themselues [Page 155] are not to possesse tythes where sufficient is not remaining for the Minister, much lesse ought Lay men in their name to doe it.

9 By the Law both Imperiall and Ca­nonicall, it is unlawfull to alienate by any meanes the possessions and lawes of the Church, Cod. Lib. 1. tit. 5. leg. 14. Leo Antbe­nius: Iubemus nulli posthac Archiepiscopo esse facultatem, praedia, &c. Wee will that from henceforth no Archbishop haue power by any kinde of alienation, to convey to any person whatsoever, their manners, immouea­bles, civill revenewes; let them keepe them in­violably without any mutation: no though all the clergie men should consent with the re­ligious Bishops in the alienation of such pos­sessions. Sicut ipsa Ecclesia perpetua est, &c. Ita ejus patrimonium jugiter servetur illaesum: as the church is perpetuall, so should the patri­mony thereof remaine untouched: he that buy­eth such, shall loose that he payd, the writer shall be banished, the iudge shall forfet his goods and his place. Hereunto also the Canons agree: Definivit Synodus, &c. The Synod hath de­reed that no Bishop shall sell the salaries or possessions of the church, let him bee deposed as a transgressor of the Divine lawes. Octav. Synod. general. c. 15. Non licet Papae, &c. Caus. 12. q. 2. c. 10. It is not lawfull for the Pope to alienate any man, nor of the Church for any necessity. Nec in usum fractuarium dare, &c. Nor to giue the lands in fee farme. But it is much [Page 140] more to alienate tythes from the Minister, which is the proper inheritance of the Church, then other temporall lawes. If this bee unlawfull, much more the o­ther.

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

11. Bishops also and Clergy men ma­king grant of tythes to lay men, are censu­red by the Canons: Episcopus, qui non sa­cerdotibus, sed laicalibus personis decimas [Page 141] conferat, inter maximos haereticos & Anti­christos, &c. A bishop conferring tythes not upon Priests, but lay men, is not the least a­mong heretikes and Antichrists. Caus. 16. q. 7. c. 3. Statuimus ut si quis alicui laico con­cesserit, &c. He that granteth a Church or a tythe to a lay man, let him be cut off from his place, as an unfruitfull tree, Greg. lib. 3. qu. 30. c. 17.

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

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

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

3. Then order was taken, that no Chur­ches should be appropriate, unlesse suffici­ent maintenance were left to the Minister: non obstante Episcopi consuetudine; notwith­standing any Episcopall custome. And that he which did not leaue congruentem de pro­ventibus [Page 158] Ecclesiae portionem: a competent por­tion of the Church revenewes, should bee de­priued of the benefice: sciat se authoritate isti­us Decreti illa privatam. Decr. Greg l. 3. tit. 12. c. 1.

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

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

13. VVe will lastly shew the inconveni­ences that arise by farming tithes to lay­mē. 1. By this means we shewed before an unpreaching ministry is maintained, and many perish for want of teaching. 2. Learning decayeth, the rewards thereof being taken away: Vnde fit, ut in his regio­nibus, &c. Wherefore it commeth to passe that in these countries scarse any parish Priest is found, qui ullam vel modicam habeat peri­tiam literarum: which hath any mean know­ledge of letters. Decr. Greg. l. 3, tit. 5. c. 30. 3. [Page 159] Hospitality faileth, and the poore want their relief. 4. The Ministers themselues are in great want, and many times driven to hard shifts, as Hierome complayneth in his time, mendicat infoelix Clericus in plateis. The pore clergie man beggeth in the streets, and is constrayned to liue of his labour, and to aske almes. de 7. ordinibus. 5. The Marriage of Ministers is made scandalous, who dying, by this means wanting provision, leaue many pore widowes, and orphanes. 6. It is the occasiō of Non-residency & plurali­ties whē Ministers not finding one liuing sufficiēt are forced to take another to it. 7. By this means where a sufficient pastor is wanting, the wolfe taketh occasion to spoyle the flock: many Seminaries and Ie­suits do creep in corners. 8. The people pay­ing their tythes to others, are burthened w ch new collectiōs to maintain a preacher. 9. Clergy men giue offence in disposing so evill of theyr impropriations, and cause o­ther noble and gentle men by their exam­ple to draw backe, and they themselues are corrupted by it, and become carelesse in their owne flockes, as Hierome well noteth. si carnales diuitias quae labuntur non benè dispensatis, &c. If yee doe not well dispense riches that fade, the true and euer enduring riches of heauenly doctrine who shall giue you. Hier. Algas. q. 6. 10. They cause other men to usurp upon the possessions of the Chur. occupying the place, & habita­tion [Page 144] of Rectors and parsons, as they are called, not being answerable to the name in any duty which kind of title and calling the Ciuill Law vtterly condemneth. Si quis sub nudo appellationis velamine se colle­giatum appellat, &c. If any doe call him­selfe by the naked name of a Collegiate or Ecclesiasticall person, another shall be put in his roome. Cod. lib. tit. 5. leg. 9. Theodos. Valent. All these inconveniences might as much as in them lyeth easily bee helped, if Bishops, Cathedrall Churches, Colled­ges would demise their tythes only to the incumbent Minister during his life and incumbency for the old rent, and some reasonable fyne at his entrance, as the first years fruites, the charges diduc­ted.

Obiections answered.

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

Answ. Yea they forbid that they should take tithes to farme sub interminatione ana­thematis, &c. Vnder paine of the curse. Ne laici Ecclesias ad firmas teneant: that lay men take not Churches to farme. Thus Alexan­der the third did write to the Bishop of London Decr. Greg. 3. tit. 50. c. 6. Which Canons are yet Law in the Church of En­gland, where they are not contrariate to [Page 161] the statutes of the Realme.

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

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

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

Ans. 1. If any fellowes of houses be un­sufficient, it is their fault that chose them & they in such elections transgresse their own statutes 2. And yet we hope none are so unsufficient, but if they bee willing, might do good in the Church. 3. Better a mischiefe bee suffered for once to prefer a man not so meete, then a perpetuall in­convenience [Page 162] in preferring no meet men at all.

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

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

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

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

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

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

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

Ans. 1. Is it not too much for a lay gen­tleman or yeoman, and is it to much for a [Page 163] preacher. 2. And if this be too much for a preacher, how coms it that some y t preach not, or very little possesse twice so much? 3. VVhere the tithe is of such value, for the most part, there are Chappels annexed, where Preachers by proportionable allow­ance should be maintained.

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

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

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

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

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

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

11. Obj. But the impropriations are now the free hold of the Church, which cannot be [Page 164] disposed of them without great danger to their state.

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

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

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

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

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

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

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

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

Ans. If for a lay man to hold tythes or impropriations, were originally unlawfull, and contrary to the first institution, as our brethren truely say, why then doe they like that lay men should be farmers of their impropriate tythes, rather then prea­chers? VVhy should they envy that bene­fit to their fellow-ministers, which they yeeld to their fellow brethren of the lay sort? For as the Canons doe prohi­bit, That lay men should hold tythes by inhe­ritance, Lateranens. sub Alex. par. 50. cap. 29. Decimae à Laicis non debent iure hae­reditario possideri: So neither doe they per­mit that they should take them to farme. Ne Laici Ecclesias ad firmam teneant. Neither part. 27. c. 3 vntruth. We doe not content our selues with a 7. part only. Reasons of the Petitioners motion con­ceruing lay mens tythes. Synod. Colō. part. 8. c. 5. need it offend our brethren that we seeme to be content with a sixt or seventh part, (not a seventh part onely as they charge us) of such impropriations: wee could wish the whole were restrained. But seeing that some hold them by inheritance, and some by purchase, some of good place are wholy maintained of them, such a motion would haue seemed unreasonable: we say as not long since a provinciall Synod com­plained: Decimas potissimum Ecclesiarum ministris deberi non est dubium: That tythes are principally due to the Ministers, it is not to be doubted, but now they are every where so usurped of lay men, that they cannot easily bee pulled out of their hands. And this was one cause of so qualifying our motion; as also [Page 167] lest we might haue seemed to be partiall, while we wish Ecclesiasticall impropriati­ons to stand, for the maintenance of their corporations, and aime at the dissolution, of them of the lay sort: as further fearing lest such a motion for these might haue been prejudiciall and dangerous for the other, that serue to the maintenance of learning.

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

Answ. This course to be taken for im­propriations, tendeth not to the alteration or iniury of any state. And if the confuters (who it were to be wished did no more despise their brethren then they are despi­sed) could haue proposed any other course for the maintenance of the Church, they might haue done well so to doe. But it may be worthily suspected, that they can hardly giue counsell to others, that will not take it themselues: that they which take upon them the defence of Non-residents, pluralists, impropriations, can speake for the maintenance of the Church. Ambrose saying may well fit such: Quis vtilem causae alienae iudicet, quem inutilem Lib. offic. 2, 12. videt vitae suae, quommodo eum iudicare potes superiorem consilio, quem vides inferiorem moribus: supra me esse debet, cui me commit­tere paro: an eum idoneum putabo, qui mihi det consilium, qui non dat sibi. Hee cannot [Page 168] giue counsell to another that will take none himselfe: neither can hee bee superiour in ad­vice, that is inferiour in life. And to con­clude, nothing can bee objected of any weight or moment to hinder so good a worke, and so princely a motion, which the Kings Maiesty by his letters hath first made, whose Christian zeale ought to make others forward: Let every man lay­ing aside his owne private respects, further the common cause, and seeke the generall good of Christs Church, that S. Pauls complaint be not renewed; All seek their owne, and not that which is Iesus Christs, Phil. 2. 27. And Hierome well saith: Ne lucra saeculi in Christi quaeras militia, &c: Seeke not the worldly gaine in Christs service.

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

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

Ans. That the Discipline of the Church (being generally understood) is a matter of faith, and an essentiall marke of the Church, I hope our brethren will not de­ny: For Discipline comprehendeth not onely the administration of the keyes, but Perpetuall governmēt of the Church. p. 208. ordination and imposition of hands: but without ordination there are no prea­chers: How shall they preach unlesse they bee sent, Rom. 10. 15. And without preaching there is no beliefe, ibid. vers. 14. VVherefore without some part of Discipline it cannot bee denied, but that the Church is no Church, faith no faith: but generally of euery part it cannot be so affirmed. Cypri­an is very peremptory for the necessitie of discipline, thus writing: Apparet non aliter Lib. 2. ep. 7. [Page 170] Ecclesiasticae saluti consuli posse, &c. It appeareth that the safety of the Church can­not otherwise bee provided for, unlesse they which are against it, as contrary floods, bee repelled; and the ordor of Discipline, as the stirring oare in a tempest, be kept safe.

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

Ans. And what haue the petitioners here moved, which the kings most excel­lent Maiesty hath not first written: That the Discipline of the Church bee preserved in [...]. p. 44. purity according to Gods word. VVhat nee­ded our brethren then to haue carped at this petition? Neither is that disiunctiue clause (or else at the least) any contradicti­on or repugnance to the former, but an exception and qualifying thereof, which giveth the adversary no advantage, as the Law saith: Exceptionem obijciens non vide­tur de intentione adversarij confiteri, Reg. Iu­ris 63. And it is a condescending to the time, that where the perfection desired can not be had, reformation be sought, that may be attained. VVherefore as the rule is in the Law: In Argumentum trahi ne­queunt, quae propter necessitatem aliquando sunt concessa, Reg. Iuris. 78. That which is yeelded to the necessity of time, must not bee urged as the integrity of the thing. If Christs institution were exactly kept, many things shold be amended that are here not named: [Page 171] but the Petitioners haue onely mentioned those things which in reason they thought would not be denied or gainsayd.

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

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

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

Answ. This discipline and reformation intended by vs, is not attended vpon by any such mischifes: other mens ouersights wee iustifie not, neither approue any vn­aduised proceedings. Neither hath his Maiestie so euill opinion of the Scottish Discipline, as they insinuate. The right vse of a thing must not bee condemned for the abuse: as the Law sayth: vtile non debet per inutile vitiari: Neither the cause mis­iudged [Page 172] for the persons fault. Delictum per­sonae Reg. Iuris. 37. Reg. Iuris. 76. non debet in detrimentum Ecclesiae redun­dare.

1. Enormity against Excommunication by lay persons.

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

Answ. 1. It is a question whether the Bishop himselfe, the Archdeacons, or any other ordinary, alone haue any power to excommunicate. VVe are sure that neither Scripture, or example of the primitiue Church will beare them out in it. Our Saviours rule is: Dic Ecclesiae: tell it to the Church: after the contempt whereof the party is to be held, as an heathen & publi­can that is to be excōmunicate. But never was it yet heard that one man should stand for the Church. That Dic Ecclesiae, in some mans constructiō should be dic E­piscopo, dic Cācellario, dic Officiali: as the Pa­pists wrest this place: dic Ecclesiae, that is, dic Papae, dic Pontifici Romano: but of this matter more shal be said in the end of this treatise. Then if they haue not this power in themselues, they cannot transferre it to another as the law saith: Nemo potest Reg. Iuris. 79. plus iuris transferre in alium quam sibi cōpe­tere dignoscatur. No man can giue more to an [Page 173] other, then hee hath himselfe. As the com­parison is presumptuous to compare the Bishop to the King, the Chancellour to the Lord Chancellour, so the case is not alike, for a civill power may bee commit­ted over to others, but a spirituall power cannot be transferred, but ought to bee executed in every mans person, as the A­postle saith: hee that hath an office, let him attend upon his office. Rom. 12. 7. Salomon Cant. 8. 11. 12. No substitute in duties spi­rituall. in the Canticles sheweth the difference of the Civill and Ecclesiasticall administra­tion: Salomon gaue his vineyard to keepers: but my vineyard, saith Christ, which is mine, is alwayes before me. As wee mislike that Christ should haue any vicar in earth: so neither should any of Christs ministers ex­ecute their charge by their vicars: S. Pe­ter 1. Pet. 5. 2. saith; Feed, [...], the flocke which is in you, that is, alwayes in your sight.

The Canon law sayth: Non potest esse Decr. Greg. lib. 5. tit. 40 c. 5. Pastoris excusatio, si lupus oves comedit, & pastor nescit. It is no excuse of the shepheard if the Wolfe devoure the sheepe, to say, hee knowes it not. It was never well with the Church since Prelates taking more upon them then in their own persons they could discharge, committed their spirituall af­faires to Deputies and Vicars. Of this a­buse Eckius, a man otherwise bad enough, complained in the popish Church: Nostra­tes praelatos ordinem Apostolicum invertere, [Page 174] &c. Our Prelates invert the Apostolicke or­der, who thinking spirituall things too heavy for them to beare, doe use the helpe of Suffra­gans in their Pontificals; of Officials in their Iudicials; of Penitentiaries in absoluing sin­ners, of Monkes in Preaching. Iodocus Clic­toveus in his sermons was wont thus to Hom. 2. de Stephano. taunt such: Adibunt per vicarios in parady­sum: in persona inferos. Such shall by their vicars goe to heaven: but in their own person to hell.

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

The second defence: The Chancellor, Of­ficiall, Commissary, decreeth the party to be ex­communicate, a Minister associate vnto him by exprresse authority from the Ordinary de­nounceth [Page 175] the sentence of excommunica­tion. Ans. p. 22

Answ. 1. This is but a new tricke, and frivolous device: who knoweth not the Minister assistant to the Chancellour (who is for the most parte of the meanest and simplest of the Clergie) is but a Cyphar, he doth nothing but by his masters direc­tion, excōmunicateth and absolueth at his pleasure, contrary to the Apostles rule to Timothy. I charge thee &c. that thou obserue these things without preiudice, or prefering one 2 Tim. 5. 2 before another, and doe nothing partially. 2. By the Provincialls, no sentence of Ex­communication is good but in writing: Linwood de senten. ex­commun. 6. sententiae latae sine specialibus literis domino­rum, quorum interest, non ligant. VVher­fore this sentence of the Minister beeing not extant in writing vnder his seale, and so deliuered, is of no value in Law: and the people vnder this colour are abused. 3. It is vnlawfull for a lay Ciuilian in cases, which appertayneth to correction to send out citations, or to decree ex­communications: he must neither Investi­gare, inquirere, punire, corrigere, excommuni­cationum literas decernere; And as he can­not doe it in his owne name, so neither can he by the Law publish excommunica­tions in another mans name. The Law is: Quod alicui suo non liceat nomine, nec alieno Reg. iuris. Bonif. 67. Linwood de licebit. And the prouinciall is flat, Ne laicus quouis exquisito colore sub suo uel alieno [Page 176] nomine, &c. that a lay person by any pretense [...]. con­iug. cum ex. 1. vnder his owne or others name doe exercise no iurisdiction spirtual whatsoeuer. And all such citations, excommunications, and processe are voyd: not onely if the iudge bee a lay person, but the Register also.

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

Answ. 1. If had beene to bee wished that Ecclesiasticall persons had not medled in such affaires, wherein they haue no skill: according to the auncient Canons: Episcopus tuitionem testamentū non suscipiat: Carthag. 4. 18. That the Bishop should not take vpon him the tuition of a testament. Clerici ad sacrum Ministerium electi actibus saeculi renuntient: Clergy-men must renounce all secular acts. Auerens. can. 12. The Apostle saith no man that warreth, entang­leth 2. Tim. 2. 4 himselfe with the affaires of this life: whereupon Ambrose well writeth, Ecclesia­sticus officium impleat quod spospondit, a se­culari Amb. in 2. 2. negotio alienus: non enim convenit u­num duplicem professionem habere: a Clergie man must bee free from secular businesse, for it is not fit that one should haue a double pro­fession. 2. But seing these causes, as ma­trimoniall, testamentarie, decimarie, are now annexed to the Episcopall iurisdi­ction, such matters, as they call of instance it is fit they bee referred to the Civilians: In such cases let them not onely be advi­sers, [Page 177] but iudges. But as for matters of office, as they are called, which are meer­ly Ecclesiasticall, wee suppose that Mini­sters are better able to iudge, then Civi­lians, and heerein it is not fit they should be assistants to advise, much lesse iudges to determine, let them containe themselues within their owne element. 2. VVhereas wee are referred to the book of the perpetuall governement of the pag. 320. Church: let it bee noted that there it is confessed that Iudges of the Civill law take not upon them the power of the keyes com­mitted to the Apostles: their suspensions, ex­communications, &c. they claim not by Gods law, but by mans. VVherefore seing it is confessed, that this manner of Excommu­nication by lay men, is humane, the Petiti­oners request is reasonable, that this abuse be reformed, and such usurpers upon the keyes of the Church restrained.

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

Answ. 1. The Petitioners say nothing of Lay Elders in their Petition, but that there haue been such Lay Elders in the Church, which haue intermedled in the Ecclesiasticall affaires, it cannot bee denied. As Reverend D. Fulke confesseth Fulke ans. to the Rhem. 1. Tim. [...]. sect. 13. out of S. Ambrose thus writing: or else hee meaneth of those Elders that Saint Am­brose speaketh of upon the first verse [Page 178] of this chapter, that were appointed onely for government not for teaching. 2. Is not the like practised in the high commission, for causes Ecclesiasticall, wherein diverse Re­verend persons of the civil state are Com­missioners. And let not our brethren bee so hot against Lay Elders, seeing I hope they will not deny, but that they may haue voices in Sinods. And what greater incon­venience is it for lay men to bee assistants in Ecclesiasticall affaires then for Clergie Of lay Elders men to interpose themselues in Civill, and why might not as well Civill persons if it so pleased the state, be of the Convocation house, as Ecclesiasticall of the parliament, as it was practised in K. Henry the 8. his Fox. p. 1182 raigne, when that worthy Lord Crumwell was made vicegerent in matters Ecclesia­sticall, and was himselfe present in the assemblies, and at the disputations of the Bishops. 3. Yet are wee far from making him a Clergie man, as the Confuters a little before confessed (though they haue soone forgot themselues) of Civilians in these words: A chancellour or a commissary is not a lay man in this case. And yet there is a great differēce between these lay Elders which are but assistants in the presbytery with others, & theirs, who are sole agents and principals in Ecclesiasticall Courts. And therefore we may retort the Confu­ters saying upon their own heads, that they reproue others for speaking for Lay El­ders, [Page 179] and allow the same themselues. But there is a principle in the Law: Quod semel Reg. iuris. 21. placuit iterum displicere non potest. That with once did please, cannot againe displease. And Hierome could haue told them: perdit Hieron. Ocean. authoritatē dicendi, cujus sermo opere destrui­tur: He looseth the authority of teaching, that overthroweth his words by his works.

Of Excommunication for trifles.

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

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

1. First no man should bee excommu­nicate before the offence bee proved a­gainst him: nemo Episcopus aliquem excom­municet priusquam causa probetur, caus. 2. [Page 180] qu. 1. c. 11. But his contumacy is not proued, who vpon the first citation appea­reth not, for he may be ignorant of it, or otherwise necessarily letted. Ergo such an one is not to bee excommunicate.

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

3. Excommunication should be onely inflicted for criminall offences: Non nisi pro mortali debet imponi crimine: Meldens. ibid. Excommunicationis sententiae ob cri­minales tantum causas, eas (que) valdè graves & lethales feruntur. Augustans. c. 33. As the Apostle bideth an heretike to be after once or twice admonition reiected. Tit. 3. 10 As likwise the Law of the Land awardeth the writ de excōmunicato capiendo to take place onely when the Excommunication pro­ceedeth vpon contempt of some originall [Page 181] matter of criminall offencee, as of heresie, refusing to come to the Church. Incon­tinency, vsury, Simony, Periury, Idolatry But euery absence vpon the first citation proceedeth not of any such contempte. VVherfore a man ought not to bee ex­communicate for the fees of the court, or Cans. 23. q. 4. c. 27 such like. Pro vindicta propriae iniuriae, &c. To bee revenged for your owne wrong you haue giuen sentence of Anathema, which is against the Cannons: penitus interdicimus, we forbid that for covetousnes sake none dare to excommunicate any. Lateranens. sub innocent. 3. c. 49.

4. The Canons allow that a man should bee twice or thrice cited before hee bee excōmunicate: secunda vel tertia admonitione interposita, excōmunicationis sentetia procedat, Caus. 24. 3. 15. Neither should the first ci­tation be peremptory: diem peremptorium ad primam citationem non statuendum: espe­cially Lateranens. sub Alexan p. 3. c. 5. for Ecclesiasticall matters, but upon great & urgent necessity. S. Paul alloweth a manifest heretick two admonitions before he be reiected. Much more where the of­fence is not manifest, a canonicall, that is thrice admonition should be used, accor­ding to the constitution of Oxford: nemo excommunicationem promulget, &c. No man shall denounce Excommunication, where the excesse is not manifest, but Canonicall moni­tion going before. The manner is that the apparitor cannot personally cite the party to be summoned, hee useth to leaue word [Page 182] at his house: if he come not at the day, he is forthwith as contumacious excommu­nicate. Heerein a double errour is com­mitted: for if a man never appeared in the cause before the iudge, he cannot bee ci­ted at his house, unlesse he can not be per­sonally apprehended, and againe he that is not personally cited, is not verè but inter­pretative Linwood de iudic. c. item vers. decerni­mus ibid. v. personaliter. contumax in the iudgement of the sounder Canonists. VVherefore it is evi­dent by these reasons that Excommunica­tion goeth forth often for trifles & 12 pe­ny matters, not for contumacy or con­tempt.

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

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

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

1. EXcommunication should bee ex­ercised by the Church that is, an assemble: math. 18. 11. tell the Church, &c. If he will not heare the Church let him bee as an heathen and publicane. Ori­gene vpon these words saith: tertio corep­tionem mandat ad Ecclesiam deferendam, &c. In the third place he will haue the cor­rection brought to the Church In the second he will haue two or three witnesses to bee vsed. So Chrisostome vnderstandeth Episco­pos & praesidentes Ecclesiae: The Bishops or Pastors, and presidents or governors of the Church. in Mat. 18. But one or two make not a Church for this were a pre­posterous course to proceed from one to two or three, & then to go back agayn to one. Hierome writeth well concerning Iohn Hieron. pam­mach. Patriarke of Hierusalem. An tu solus Eccle­sia es & qui te offenderit a Christo excludi­tur: [Page 184] tibi soli licet Ecclesiae iura calcare, tu quicquid feceris, norma doctrinae est? Are you alone the Church, that whosoever offen­deth you is excluded from Christ: is it law­full onely for you to tread under foote the rights of the Church: whatsoever you do, is it a rule of doctrine? Ergo, one man not being the Church, cannot excommunicate.

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

Arg. 3. If S. Paul, who had Apostoli­call power, would not excommunicate the incestuous person amongst the Co­rinthians without the consent of the Pa­stors, [Page 185] and spirituall governours: much lesse ought any Bishop, Archdeacon, &c. do so now. But the first is evident, that S. Paul ex­cōmunicateth together with the Pastors of Corinth. the Apostle sent not onely his mandate to the Corinthians for them to execute, but that the power and right of excom­munication was ioyntly with the Apostle in the Pastors of Corinth, as it may appeare by these reasons. Ergo.

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

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

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

4. The words of the Apostle doe evi­dently giue unto them the iudgement of Excommunication: Doe yee not iudge them that are within, 1. Cor. 5. 12. Vpon the which words Augustine thus writeth: Aug. hom. 50. c. 12. ut citatur caus. 2. q. 1. [...]. 1 [...] Quibus verbis satis ostendit, non temere aut quommodo libet, &c. By which words hee sufficiently sheweth, that not rashly, or howso­ever, [Page 186] but by iudgement the evill are to be re­moved from the communion of the Church.

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

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

Answ. 1. Our Saviour Christ compre­hendeth [Page 187] the whole power of the keyes un­der the name of retayning and remitting sins Ioan. 20. 23. Therefore he that hath right to the one, hath likewise to the other. 2. VVhere sins upon the sufficient declarati­on of repentance, are remitted, there the censures of the Church ought to bee re­leased: Neither is it lawfull to hold the penitent long under the censures, whē they haue sufficiently testified their repentance? as the Apostle moveth the Corinthians to forgiue the incestuous person, after he had sufficiently sorrowed, hee then which 2. Cor. 2. 10 hath right to the more, hath right to the lesse, according to the Law: cui licet quod Reg. iuris. 53 est plus, licet utique quod est minus. If Pa­stors then and preachers haue power to remit sinnes in the name of Christ, much more to release the temporall cen­sures.

Arg. 5. To whom the power of order belongth, the power also of Iurisdiction appertaineth. S. Paul ioyneth them both The Pastors and Presby­ters right in laying on of handes. Extran Ioā. tit. 4. c. 5. together in Timothy. 1. Tim. 5. 19. a­gainst an elder receeiue no accusation, &c. there is the power of iurisdiction vers. 22. Lay hands suddēly on no mā: there is the po­wer of order, the corrupt Extravagants will grant this proposition: claues de quibus agi­mus in collatione sacerdotalis ordinis confe­runtur: the keyes whereof we entreat are con­ferred in the collation of Priestly order. But Presbyters haue interest in conferring of [Page 188] orders. 1. Tim. 4. 14. Despise not the gift that is in thee, &c. by the laying on of hands of the presbitery, or Eldership: Here it is evi­dent that the Pastors and Presbyters layd on their hands together with the A­postle.

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

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

Others say that the presbyters and Pa­stors 1. Exposition Ibid. p. 93. might lay hands on Timothy, as well as Paul: but at another tyme and to ano­ther end. But S Paul saying in another place, stirre vp the gifte of God which is in 2. Tim. 1. 6. the by the putting on of hands, evidently sheweth that he at the same time put on hands with the presbyters: for he speaketh of the same gifte in both places which was conferred vpon him by imposition of [Page 189] hands. And further if the presbyters ioy­ned 4. Exposition with Paul in imposition of hands, yet was it not of necessity, as though S. Pauls Ibid. p. 94. hands had not beene sufficient without them to giue the holy ghost. VVee an­swer that although it bee graunted, that in respect of Pauls person, who was an A­postle, and had an extraordinary power and calling, the imposition of hands by the presbytery was not essentially neces­sary, yet in respect of the president, and perpetuall order, which was to be left to the Church of Christ, it was necessary: for it is not like that so wise an Apostle would els haue busied himselfe with so vnneces­sary and superfluous a work, in associating the Elders where he needed not. But not­withstanding all these naked shiftes and deceitfull glosses, this place of S. Paul is pregnant to proue the copartnership of presbyters in giuing of orders: and thus was it practised by the Church afterward: Carth. 4. c. 3. Omnes presbyteri, qui praesentes sunt, &c. Let all the presbyters present lay their hands by the hand of the Bishop vpon his head, that is to bee ordayned. And can. 24. Episcopus sine concilio Clericorum, &c. The Bishop must not ordayne Clarkes without a councell of his Clergie.

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

Answ. That appeareth to be otherwise [Page 190] by that constitution of Vrban: ordinationes factaesine communi sensu Clericorum irritae. Ordinations made without the common con­sent Caus. 12. q. 2. cap. 37. of the Clergie are voyd. If the presbyters had not power and right of ordination, there was no reason to make it voyd without them. Ergo seeing presbyters haue a ioynt power in ordination. iurisdiction is not to bee denyed vnto them.

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

If it be answered, that the names were confounded in the Apostles, but the office [Page 191] and functions were divers, Bellar. lib. 1. de Cleric. c. 25. This answer may bee easily removed: for as a reverend writer telleth us: The same charge and the same grace Perpetuall go­ver. p. 203. concludeth the same function. But S. Paul requireth the same graces in a Bishop and Presbyter, 1. Tim. 3. Hierome sayth: De Hier. Evag. Presbytero reticetur, quia & in Episcopo Presbyter reticetur, &c. There is no mention made of a Presbyter, because he is contained in the name of a Bishop. Ambrose saith, Episcopi & Presbyteri una ordinatio est, &c. There is one ordination of a Bishop and Presbyter, but the Bishop is the first. If they haue one ordination, then they haue both one function by the word of God: howsoe­ver afterward the Church in pollicie hath distinguished them: which was done as Hierome saith: In schismatis remedium, To avoyd schismes. Ergo, seeing a Bishop and Presbyter are the same by the word of God, iurisdiction doth of right belong to both.

Arg. 7. All pastorall duties doe equally belong unto the Pastors: but to seperate the pretious from the vile, is a Pastorall duty, Ier. 15. 19. as it belongeth to the shepheard to seeke that which is lost, Ezek 34. 4. that is, to reconcile the peni­tent; so also to separate the uncleane, to correct the obstinate. Augustine saith, De corrept. & grat. cap. 15. Pastoralis necessitas habet, &c. The Pastoral necessity requireth, lest the contagion should [Page 190] spread further, to separate the diseased sheepe from the sound. Ergo, it belongeth to Presbyters which are Pastors, and haue their flockes, Act. 20. 17. 28. to separate ane excommunicate the vile and un­cleane.

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

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

Again there would arise lesse danger [Page 193] to the Church by this means for there is a rule in the Law: Excommunicatus non potest excommunicare: he that is excommu­nicate himselfe cannot excommunicate ano­ther. caus. 24. q. 1. c. 4. But a Bishop or a­ny one Ecclesiasticall person may by many occasions stand under the censure of ex­communication: In what ca­ses Bishops are liable to the censures of the church as if he haue two wiues; caus. 24. q. 3. c. 19. or if he bee a teacher of errour hee must bee delivered to Satan. caus. 24. q. 3. c, 13. Pelagius or if he be an usurer caus, 14. q. 4. c. 4. or a blasphemer or swea­rer. Carth. 4. cap. 61. or a player at dice. Trullan. c. 50. or be negligent in preaching and so continue. can. Apost. 57. or giue orders for money. Chalced. c. 2 Or be pro­moted for money: Constant. Conc. 6. gener. c. 22. or make a lay man his vicar gene­rall, Hispatiens. 2. c. 9. Or take upon him any civill office, as vice-presidentship, Iusticiariship, Decr. Greg. 3. 58. 4. or sit in causes of bloud, or giue sentence for the cutting off of any meber, as of ears, hands, &c. ibid. c, 5. So writeth Alexander 3. in his rescript to the Bishop of Canterbury. But a Bishop or any one man may stand excom­municate where an assembly or company cannot, in this case by whom should the discipline be administred. Ergo it is safer that the censures of the Church should bee disposed by many, then by one.

Arg. 10. Presbyters by the word of God, and practise of the Church are [Page 194] interessed in the spirituall rule and govern­ment of the Church: but the Excommu­nication belongeth to the spirituall regi­ment: Ergo, For the proofe of the propo­sition: first in the Scriptures wee find that the Apostles called together the Presbyters for the deciding of doubtfull questions: and by the Apostle the Elders that labour in the word are made rulers: the Elders that rule well, especially they that labour in the word. 1. Tim. 5. 17. they then that labou­red in the word, were also ruling Elders: for how else should they haue a double honour, being excluded from government which is counted one of the greatest ho­nours of the Church. Now the practise of the Church is most evident: Hier. saith: communi presbyterorum concilio Ecclesiae re­gebantur, [...]rom. in [...]. 1. In the beginning Churches were go­verned by the common advise of presbyters. caus. 11. q. 3, c. 106. debent 12. sacerdotes E­piscopum circumstare, &c. twelue Priests must stand by the Bisbop, when he denoun­ceth excommunication: can. 108. VVhen the penitent party was to bee reconciled the Bishop must bee assisted with as many: caus. 12. q. 2. c. 5. The Bishop could not dispose of the temporall things of the Church, much lesse of spirituall, inconsul­to presbyterio, not hauing before consulted with his presbitery: neither was the assi­stance of the presbytery for decency and order onely, but of necessity: Episcopus [Page 195] nullius causam audiat abs (que) praesentia clerico­rum, aliter erit sententia irrita; The Bishop shall heare no mans cause. without the presence of his Clarks: otherwise let the sentence bee voyd, Carth. 4. c. 23.

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

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

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

2. As yet the Bishops had no speciall kind of ordayning, as differing in order from presbyters, as Ambrose saith: Epis­copi [Page 196] & presbyteri una ordinatio: there is but one ordination of a presbyter and a Bishop: u­ter (que) enim sacerdos; for they are both but Priests or Ministers, in 1. Tim. 3. afterward the Bishops brought in a speciall kind of consecration for themselues.

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

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

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

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

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

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

Obiections answered.

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

Answ. 1. VVee may here vnderstand a double kind of deliuering vp to Satan. Ex­traordinarie, How S. Paul deliuered up to Satan. when as satan did torment the bodies of such, as were delivered vp, as Sa­tan tried Iob, thus thinketh Chrisost. vpon this place: for like as the Apostles had then the gift of healing to lose faithful men frō the bonds of satan, so had they power to giue over the obstinat to satan. This power extraordinary might be executed by the A­postles Act. 5. Act. 13. alone, as Peter did upon Ananias & Saphira, and Paul vpon these two blas­phemous [Page 198] persons. There was an odinary de­livring vp to Satan by Excommunication: quia diabolo traditur qui ab Ecclesiastica com­munione [...]erbis A­post. ser. 98. removetur: Because he is deliuered to the deuill, that is, remoued from the fel­lowship of the Church, for without the Church is the diuell August. This kind of delivering to Satan Paul excercised toge­ther with the Church. 1. Cor. 5. 5. 2. Or ra­ther taking this for the same kind of deli­vering to Satan there mentioned: The A­postle is named here not as the sole but principall agent: as in another place hee maketh mention, only of the imposition of his hands: 2. Tim: 1. 6. yet the presbytery imposed hands with him, 1. Tim. 4. 14. So then here the Apostle onely expresseth the act done, that they were delyuered, as for the maner how it was done, we must haue recourse to the Apostles practise before in the Church of Corinch: as Chrisostom well noteth on this place: quommodo illum tra­diderit audi, congregatis vobis & spiritu meo. &c. But how the Apostle delivered him, heare, Hom. 5. in 2 Tim. c. 1. when you are gathered together, and my spirit: and so he referreth vs to that place. 1. Cor. 5.

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

Answ. 1. If followeth not, because the [Page 199] Apostle tried their obedience, therefore [...]dicens. [...]6. 17. they had no power to excommunicate for they were to bee directed by the Apostle in their administring and executing of that power. 2. So as they in their spiri­tuall obedience, were to forgiue where the Apostle would haue them to forgiue: so there was in the Apostle a mutuall correspondence to forgiue where they did forgiue. 2. Cor. 2. 10. There was then a concurrance of theyr powers in this ac­tion. 3. That the Church of Corinth did concur as principall agents, not as Mini­sters onely with the Apostle in this act of Excommunication is shewed bfore arg. 3

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

Answ. 1. These 2 keyes of knowledge and power though in some respect they di­ffer Of the key of knowledge and the key of power. yet in vse they ought alway bee ioy­ned together, and in effect are the same: for the key of power is the key of the kingdome of heauen, giuen to Peter and the rest of the Apostles: math. 16. 19. I will giue thee the keyes of the kingdom of hea­ven soe the keye of knowledge is that wherby heauen is opened: as our Saviour sayth: Luc. 11. 92. Wo vnto you inter­preters of the Law, for you haue taken away the key of knowledge, as Ambrose sheweth: clauem Petri fidem esse dixerim petri, per quam Ambr. set. 38. caelos aperuit: the key of Peter I call the [Page 200] faith of Peter, by the which he opened the heavens. 3. As then the Priest in the law did not onely discerne betweene leper and leper, but did giue sentence of sepa­ration: so the Pastors which haue the keyes of discerning, should haue the key of excluding or receiuing: who is able better to iudge, then he that can discerne. 4. The corrupt extravagant, that brought in the disioyned vse of the keyes confes­seth ad aliquid convenienter definiendum vtra­que Extrav. Ioan it. 14. c. 5. clauis cognossendi & definiendi necessaria requiritur: to define any thing well both the keyes of determining and discerning are neces­sary.

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

Answ. 1. This distinction of the pri­uate and publike vse of the keyes is but an humane invention: the Scripture know­eth no such difference: he that hath right to the one, hath interest in the other: the generall commission giuen to all pastors is: Whose sins yee remit are remitted, Here is no Ioh. 20. 23. limitation of remitting publikly or privat­ly. 2. it is more to separate from the sa­cramets, then from the prayers only of the Church. He then that can doe the more, is inabled to doe the lesse. 3. The Canons [Page 201] doe take those for all one, Communione Sardicens. can. 16. 17. priuare, & abijcere: To depriue of the commu­nion, and cast out; Exterminare de Eeclesia, & separare a communione: To thrust out of the Church, and put from the Communion.

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

Answ. 1. But why (we pray you) do you make mention of the Canons of the Church onely, and not of the word of God: will you haue bishops to haue more authority, and Pastors lesse, then the word of God alloweth them? 2. But we refuse not to debate this matter by the Canons, and practise of the Church, which not­withstanding hath been in part shew­ed before: argum. 10. and shall bee de­clared further in the answer to the 11. Objection. Hierom thus writeth: quomo­do ibi leprosum sacerdos mundum vel immun­dū In Mat. [...]. 16. facit, sic & hic alligat, vel solvit Episcopus & presbyter. As there (under the Law) the Priest made the leprous person cleane or uncleane, so here the presbyter bindeth or loo­seth. So then as the iudgement and censu­ring of the leprosie belonged not onely to the chiefe Priests, but indifferently to them all: He shall be brought to Aaron the Priest, or one of his sonnes the Priests. Lev. 13. 2. So now the censuring of spirituall lepro­sie should indifferently belong to all spi­rituall [Page 202] Pastors.

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

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

Answ. 1. Neither do we urge to haue a presbyterie of Clergy men in everie parish Church, but that in every division the presbyters and Pastors should assemble together for the execution of Discipline: [Page 203] 2. It being confessed that presbyters in cities haue assisted the Bishop in Ecclesia­call proceedings, why then may not the presbyters of country Churches be admit­ted, who are so much the more fit, because they are acquainted with the particular diseases in their severall cures. 3. The Presbyteries were not onely in great and populous citties, neither had the bishops them such large circuits, but that one pres­bytery might suffice for the Cittie and confines thereof: for then the bishop had his proper parish, Episcopus propriam paro­chiam non derelinquat. Can. Apost. 13. his The Bishop had his pro­per flock. proper Church. The bishop qui non ac­quierit ire ad Ecclesiam sibi cōmissam, Which did not resolue to goe to the Church commit­ted to his charge, should be put from the com­munion. Antioch. concil. c. 17. hee had his peculiar flock. Episcopus grege sibi commis­sum, &c. The bishop must instruct the flocke committed unto him, with the preaching of the word. Turonens. sub Carol. Then bi­shops lived not onely in famous great Citties, but in base and obsure townes. Episcopus de loco ignobili ad nobilem per ambitionē non transeat: A bishop ambitiously must not go from a base and ignoble towne to a noble, Carth. 4. can. 15. Then bishops had not such a large Diocesse. In Augu­stines time there were in one province under Carthage of the Catholicke & Donatist aboue Bishops 9000. Of the Catholicks part [Page 204] there were present 286. and absent 120. by reason of sicknesse and old age. Epis­pall Churches voyd 60. in all 466. Of the Donatists there were present 279. absent 120. Churches voyd, 60. in all 459. These so many bishops in one province cannot be thought to haue had Diocesses much larger then some parishes. And few bi­shoprickes haue so many parish Churches under them: and none in England (unlesse it be Norwich) is found to haue more. It is no marvell then if one presbyterie with the bishop sufficed for such Diocesses.

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

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

2. From the Nicene Councell to the time of this Synod, were assembled in the space of an hundred years and somewhat more, twenty provinciall Synods as the Elibor­tine. Arelatens. 1. and 2. Gangrens. Agrippin. Antioch. Sardic. with others. 3. And be­fore this it was decreed, that there should be a Synod of bishops twice every yeare, Antio. c. 20. Constantin. 1. c. 2. But after the time of this Synod of Carthage, when the authority of the presbytery began to bee [Page 205] impaired, it was decreed that bishops should assemble but once in the yeare, To­letan 3. c. 18. So that, even when Synods were most frequent, the presbytery was in greatest authority, & it began to fail when Synods were not so often celebrated.

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

Answ. 1. If by the institution of Christ, the administration of the keyes be com­mon to all pastors: what presumption is this for men to take upon thē to be wiser then God, & to change his institution: The Esay. 40. 13 prophet saith: who hath instructed the spirit of God, or taught him: 2. It is not the wis­dom of the Church, but the ambition of Bishops, that hath excluded the pastors, as Diotrephes, that loued to haue preeminence, would not receive the brethren. 3. Neither are Ioh. epist. 3. excōmunications the fewer, because one by the Bishops authoritie excommunica­teth, but the more: for there is like to be more grace and discretion in a companie of reverent and learned pastors, then in one vnlearned Chancellor or Officiall: and the Courts now intend their own gain, & therefore multiplie excommunications, [Page 206] wheras then the profite of mens soules should be expected. As though there hath not been long since complaint made of the multiplicite of excommunications: tot hodie fiunt & officiales, quod vix est ali­quis &c. There are so many excommunica­tions now a dayes by officials, that scarce any man, that feareth God can liue in the world with a safe conscience. VVhervpon it was directed, vt caveant ab earū multiplicatione, &c. That they should beware of multiplying excômunications, lest they be brought to con­tempt, These are the showers of Chan­celors and officials excommunications, that flee faster then lightening in tempest.

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

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

Object. 10. They intend the inabling of eve­rie particular pastor alone to excommunicate. [Page 207] Answ. to the petition ibid.

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

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

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

Our desire is, that discipline, may be administred according to the rules of Gods word? or, as things now stand, seeing there are three persons in this busines to bee re­spected the Bishop in his diocese: the of­ficers and Ministers of the Bishop: and the severall pastors; VVee would haue euery mans right reserved, that all mat­ters [Page 208] of instance and ciuill pleas should be still referred to the Civill Iudges: but matters of office as they are called ex­communication, and spirituall misdemea­nors, to be censured by the companie of presbyters in euerie Deanrie and division (assisted if it please the kings Maiestie with some graue persons of the Lay sort) to be assembled monethly together, or otherwise: as there shall bee cause, and from them if there bee any iust a­grevance, appeale to be made to the bi­shop Synods of the Bishops and Presbyters ne­cessary. with his synod of presbyters. For this course to appeale, and referre doubt­full matters to synods, is both agreable to scriptuers, and practise of the ancient Church: As in Antioch, when the Church was troubled about cercumcision they sent to the Apostles and Elders a­bout that question, Act. 15. 2. Thus was it decreed in the great Nicene synode, that in euery prouince bishops should assemble twice in the yeare, to heare the complaints of such as were excommuni­cate. can 5. The same decree is revived: Antioch. c. 20. Neither had they onely provinciall synods, but the bishop for the same cause, had his assembly of pa­stors. Cyprian writing to the presbyters, and deacons of Carthage saith; A primordio Episcopatus mei statui nibil sine consilio ve­stro mea privatim sententia gerere, &c. Since Cypr. lib. 3. epist. 10. my first entrance into my Episcopall charge. I [Page 109] dermined to doe nothing priuately of my self without your counsell: Gregorie saith: lest there be any dissention among brethren &c. Lib. 7. epist. 110. In unum convnire sacerdotis est: &c, It is necessarie for the Priests to meet together: quem negligentia reijcit, cum omnium pres­byterorum consilio refutetur: whom his owne negligence maketh vnworthy, let him be dis­placed, by the councell of the presbyters, Tu­renens. 2. c. 7. For this cause it was not long since decreed by a provinciall synod: singulis annis saltem synodus diocesane a sin­gulis Reformat Ratisp. art. 35. Episcopis celebrant: Euery yeare at the least let everie Bishop celebrate a synod in his diocese.

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

VVherefore (most noble King) 1. seeing The conclu­sion. [Page 210] excommunication should bee decreed by an assembly according to Christs rule. Matth. 18. 18. 2. Neither should there be any monark or sole commander in the spirituall regiment of the Church. 3. If S. Paul did not excommunicate without the Pastors. 4. If all that haue authoritie to preach haue right to the keyes. 5. If they which haue a ioynt power of ordination, haue also of iurisdiction. 6. If by the word of God a Bishop, and a Priest are all one. 7. If all pastorall duties equally be­long to all Pastors. 8. If whatsoeuer ap­pertaineth to the edifying of the Church is appendant to the pastors office. 9 If it be safer that many excōmunicate by consent, then one. 10. If it hath been the practise of the Church to ioyne presbyters with Bishops in the spirituall regiment of the Church. 11. If all Priests indifferently under the Law did separate and restore lepers, whereunto answereth excommuni­cation, and reconciliation now. 12. If pres­byters sate in councels, and gaue voyces, and are allowed, by the Law imperiall to excommunicate.

And further seing nothing can bee ob­iected of any moment: 1. Neither S. Pauls delivering to Sathan of Alexander and Hymeneus 2. Neither of the Incestuous yong man at Corinth. 3. seeing the key of knowledge, which pastors haue, is not to be severed from the keye of power 4. and [Page 211] as well may the publick use of the keyes, be committed to Pastors, as the private. 5. And seeing presbyters in citties haue dealt with the censures, the Pastors of the country should not be excluded. 6. Nei­ther is the frequenting of Synods any hinderance to the Ecclesiasticall presbyte­ry. 7. 8. 9. Nor any other inconvenience need to be feared: VVe trust your Maiesty will follow, the example of David, to di­stribute the offices indifferently among the sonnes of Aaron, 1. Chronicl. 24. 4. that a Theodoret. lib. 5. c. 37. few onely haue not the preeminence, and the rest bee despised. Theodosius the Em­perour, when hee was excommunicate a levi homuncione, of a light cockbrain fel­low, because hee granted not the thing which he requested, would not enter into the Church, before hee had been of the same party absolued. As we condemne the malepartnesse of the Priest (no such au­thority beeing giuen to any one in the world to censure Kings) so thus far wee wish that good Emperour to be followed that the censures of the church may be re­verēced, being first restored to the originall institution: We aske nothing; but what your Maiesty hath given hope of that dis­cipline [...]. p. 43. B. Bilson p. 320. Perpet. gov. be preserved in puritie according to the word: and which some of the greatest op­posites to this cause haue granted: We take the power of the keys to be common to al that haue pastorall charge of soules, in their [Page 112] degree. And so wee conclude this matter with that sentence of Hierom: which wee desire our reverend Bishops to think up­pon, sicut presbyteri &c. as presbyters know, that by the custome of the Church they are made subiect to him that is set over them: ita Episcopi se noverint magis consue­tudine, quam dispensationis dominicae veritate presbyteris esse maiores, & in commune de­bere Ecclesiam regere? So let Bishops know, that rather by custome then any divine dis­pensation, they are greater then presbyters, and ought to governe the Church in common, in 1. c. ad Titum. & citatur, distinct. 95. c. 5 And Hierome againe saith: Episcopi sacer­dotes se esse noverint, non dominos, honorent Clericos, quasi Clericos, ut & ipsis a clericis, quasi Episcopis honos deferatur: scitum est il­lud oratoris Bomitij: cur ego te habeam ut principem, cum me non habeas ut senatorem. If Bisbops will be counted as chiefe and prin­cipall they must admit their Pastors to bee as Senators, and of their Councell. Hierom. ad Nepotian.

4. Against extorting of un­reasonable fees.

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

Answ. Notwithstanding the severe ca­nons provided against the extorting of un­reasonable [Page 113] fees: who knoweth not, what intollerable exactions are used in Ecclesia­sticall Courts. The time was, when the Cod. lib. 9. tit. 27. Leg. 3. Gratian. Iudge ought to take nothing for his sen­tence: when nothing was to be exacted of the innocent party: Colon. p. 13. c. 7. speciem aequitatis non habet, quod ab Innocentibus absolutis quippiam expensarum nomine exega­tur: when nothing was to bee taken of the poorer sort, a pauperibus non valentibus sol­vere nihil recipiatur, append. Basil. c. 10. It is not aboue 250. yeares since, when this order was taken by Iohn Stratford of Can­terbury, Liuwood. de censen. c. Saeva. that ministers should pay for their letters of orders, but 6 pence for their let­ters of institution but 12 pence. It hath bin decreed, that none should exact ultra sta­tuta Caus. 16. q. 1. c. 62. leo. Extr. com. l. 3. tit. 10. c. 1. patrum beyond the rates appointed, and should take lesse then the custome, not more: But how the world is changed, who can be ignorant what large fees are payed for sentence, innocents not spared the pore not pittied: for probates of testa­ments double required to that which the statute aloweth: for acquittances. Execu­tors, some ten, some twenty yeares af­ter are forced to pay some forty, some fifty Shillings, some more. Letters of institution are growen from twenty Shil­lings in the beginning of Queen Elizabeths reigne to foure or fiue pound. Letters of orders taxed in many places after the same rate. Archdeacons in their visitation [Page 112] [...] [Page 113] [...] [Page 214] haue exacted twelue pence, sixteen pence yea two Shillings for the article books, not much more aboue three pence. And not long since, when the fifth of August was commanded to be solemnised for the Kings deliverance, in some dioceses the Church-wardens were urged to pay twenty pence for copies of the letters. It were too long to reckon up al the exorbi­tant courses of these Ecclesiasticall courts and officers, which since the canon made in the convocation. anno 1597. haue been more intollerable, then before: and seing convocation canons are no more re­garded, wee desire that their exactions may be restrayned by parliament statutes, that some of the ancient lawes may bee revived against such: as either the law of Theodosius to be punished fourefould: or the decree of Innocent. the 3. Extorta resti­tu it, Cod. lib. 9. tit. 27. l. 6. & tantundem pauperibus eroget, to re­store what is exacted, and to giue so much to the poore: or of Benedict. the 12. that they pay twice so much within two moneths, or Decr. Greg. lib. 3. c. 49. c. 8. Extrav. com lib. 3. tit. 10 c. 1. can. 24. els be suspended from their office: or the de­cree of the 8. generall Councell, concer­ning such enormities aut corrigatur, aut de­ponatur: that if they bee not amended, they should be deposed.

5. Of farming of iurisdiction.

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

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

6. Of the restraint of marriage at certaine times.

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

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

2. This canon obiected maketh but one restraint of Marriage in time of lent, but the Church of Rome brought in three: frō More times of restraint for mariage observed in Englād, then in the popish Church. Advent to the Epiphany, from Sepauagesima to the octaves of Easter: from the Rogatiō week to the octaues of pētecost: all w ch times are strictly urged in Engl. still: And yet the last time interdicted at Pentecost the Tri­dentine Chapter hath dispensed with. Ses. [Page 217] 24. cap. 10. So that heerein Protestants are more superstitious then Papists. 3 This canon for restraint of marriage had but a superstitious beginning: it was prohibited against such festivals, because of the holi­nesse of the time: so that these absur dities follow that marriage is a disgrace to these times, which the Apostle calleth honorable, Heb. 13 4. And that some time are more holy, then other, contrary to the Apostle Galath, 4. 10. And if marriage bee not fit to be solemnized, then all matrimo­niall duties might as well bee forbidden and so married persons should bee forced to forbeare and to absteine the third part of the yeare: who iudgeth not, how inconvenient this would be? 4. But seeing marriage in these times may bee lawfull by dispensation, to what other use serued that canon, then to draw advantage to their purses? If they can make it lawfull for mony to some, as well may the parlia­mēt make it lawful to all persons without money. And so the Petitioners request is resonable, that (day of fast onely excepted) this & al other Popish & inconvenient ca­nons should bee abrogated, according to the statute of Henry 8. that such canons, as by the 32. Commissioners to be nominated by the king should be found contrary to the word of God and the law of the land be abolished. This acte was made ann. Henry 8. 25. c. 19. repealed, ann. 1. 92. of. P & M. revi­ued [Page 218] ann. Eliz. 1. c. 1. VVe desire onely the execution of it.

7. of the long somnesse of Eccle­siasticall suites.

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

Answ. 1. None of these pretenses can excuse the length of sutes. 1. If the error Cod. lib. 2. tit. 28. c. 1. be in the forme of pleading, let Constan­tins law take place. Iuris formulae te aucupa­tione syllabarum amputentur. They sbould not stand soe strictly vpon termes and querks of lawe, but goe directlie to the equitie of the cause: as Innocent wrote to the Bishop of Hereford: Non secundum formam Lateranens. par. 7. c. 13. in literis expressam, sed secundum vigo­rem iustitiae iudicandum: Iudge not accor­ding to the termes of the letter, but after the tenure of iustice. 2. If the fault be in the advocate, let Iustinians law be executed: Cod. lib. 3. tit. 1. c. 11. Puniatur in duab. libris auri: Let a fine be set on his head. 3. If the proctors trifle, and make vnnecessary pleas, let Theodosiꝰ law be revi­ved, that the iudge may remoue thē, ab execu­tione, from their practise, vt sciant causas à se non esse deludendas, that they may learne, not to delude causes. 4. If the Clients be per­verse, Cod. lib. 3. tit. 3. c. 2 and absent themselues, Iustinian also hath taken order for that: The Iudge [Page 219] may determine the suite in their absence, and against their willes.

2. Now for the time to be limited for the determination of suites, the ciuill law prescribeth two yeares for criminall causes: three years, for ciuill & pecuniarie suits. The canon law also setteth, for the Extav com. lib. 1. tlt. 9. c. 1. Sixtus. 4. hearing of Ecclesiasticall suites betweene partie and partie two yeares: But this is to bee presupposed in most difficult and intricare causes: for the determining of some other civill or criminall, a lesse time is limited, as the space of 20. dayes: Sci­ant Cod. lib. 1. t. 5. leg. zeno Iudices intra viginti dierum spatium de­bere se prefata litigia postquam orta fuerint, terminare: And generallie this respect of Clergie mens suites. Vt disceptatio litis Cans. 11. q. 1. c. 45. duorum mensium spatium non excedat. They should not exceed two monethes: It were to be wished, that some of these lawes What time may be thought meet to be limited for the de­taining of suites. were restored that a certaine time should be prefixed, for a finall end of suites. A yeare or two at the most might suffice for the deciding of the most intricate causes. Now the Iudge, Register, advocate, proctor are all agreed to prolong suits for their ad­uantatage, and so, as the prophete saith: they wrape it vp. Mic. c. 7, 3. But the chiefe fault is in the Iudge, who might a­bridge suits, if he would: And therefore Iustinian punisheth the Iudge, in 10 Cod. lib. 1. tit. 1. leg. 11. pound of gould, that determineth not causes within the time prescribed: Leo [Page 220] the 10 decreeth thē to be excōmunicate: Iudices causas coram eis pendentes sub poena excōmunicationis terminare debent. The like Latran. sub. Leon. 10. sess. 11. course if it were taken with our Eccle­siastical Iudges the whole kingdom would soone finde great ease.

8. Of the oath ex officio.

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

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

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

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

3. VVhere one is pressed with this oath a partie and accuser should be given, that he which is accused may referre juramen­tum, may haue liberty to returne the like oath upon his accuser. Cod. lib. 4. tit. 1. leg. 9. Iustinian giveth this reason, Non debet respuere in persona sua quod placuit in per­sona adversarij. Hee must not refuse to sweare in his own person, seeing hee put his adversary to it, ibid. leg. 12. This course is held in the honorable Court of Chaunce­ry, that where that partie is examined up­on his oath; his adversary that putteth in the bill appeareth against him. This stan­ding forth of the accuser is approved by our Saviour, Woman, where are thine accu­sers, Ioh 8. 10. The heathen Iudge had this equity to say unto Paul, I will heare thee when thine accusers are com, Act. 23. 35. The Canons are most pregnant this way, Iulij. 1. decr. 1. that an accuser should bee produced in [Page 222] iudgement: Non oportet quenquam iudicari aut damnari antequam accusatores suos presen­tes habeat: None ought to be judged or con­demned before he haue his accusers present. Non ante accusatus supplicio deputetur, quant accusator presentitur: That the partie accu­sed be not adiudged to punishment before his accuser be produced. Wormatens. c. 42. Ne­cesse est secundum scripturarum documentum, & accusatorum & accusatum simul adesse. It is necessary according to the doctrine of the Scriptures, that both the accuser and accused be present at once. Nicol. 1. de Iudic. c. 10. No cause shall be admitted to any to de­terme, Nisi personae appareant, quae volunt personam criminosi impetere: Vnlesse the par­ties appeare that will accuse the guiltie person. Thus both by Scripture, lawes imperiall, Canons of bishops, Councels provinciall and generall, it is evident, that no man ought to be condemned without an ac­cuser; wherein the course which is taken by the ministring of an oath Ex Officio faileth.

4. Clergy men are priviledged not to be examined upon their oath, Citra iniuriam questiones testimonium dicunt. Cod. lib. 1. tit. 6. leg. 8. Theodos. They must giue their testimony, not forced therto by question. As they are excepted by this law from torture of body, so by the same reason from the forcing of their conscience; es­pecially the Bishop should not exact such [Page 223] a compulsiue oath of his Clergie. Nullus Episcopus Clericos suos, nisi forte quibus Ec­clesiasticarum rerum dispensatio commissa fu­erit, sibi iurare compellat, Caus. 22. 5. 23. Placuit ut nullus Episcopus quenquam Cleri­corum iudicare, aut condemnare presumet, nisi accusatus legitimos accusatores habeat. Wee think fit, that no Bishop do iudge or condemne any of the clergie, unlesse the party accused haue lawful accusers present. This also is a­greeable Inter decret. ab Adrian collecta. to the Apostle: Against an Elder or a Presbyter receiue no accusation but under two or three witnesses, 1. Tim. 5. 19. But now in Ecclesiasticall proceedings there is no respect had to the reverent calling of preachers, but they are indifferently put to the oath, neither is there an accuser produced.

5. The Prophet Ieremy would haue us to sweare in iudgement. Ierem. 4. 2. that is, not rashly, but deliberately and advisedly: but they which are examined upon the oath can not sweare in iudgement, because they know not the articles before to consider of them, but they that sweare make a present and direct answer, they know not to what. This is also contrary to that decree: Latran. sub Innocent. 3. c. 8. Contra quem facienda est iniquisitio, &c. exponenda sunt illi capitula de quibus fuerit inquirendum, ut facultatem habeat, defen­dendi seipsum &c. He against whom inqui­sition is made, must haue the points, declared [Page 224] unto him, whereof hee is to bee exaamined that he may haue power to defed himself, Ergo the oath ex officio is not according to iudgement.

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

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

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

4. The Scripture saith: in the mouth of two or three witnesses, shall every word stand 2. Cor. 13. 2. Hereunto agreeth the civill [Page 225] law, vox unius, vox nullius: the voyce of one is the voyce of none, Cod. l. 4. tit. 20. l. 8. Constan. And the canon law: Vnius testis responsio om­nino non audiatur: one witnesse is not to bee heard, Caus. 4. q. 3. c. 2. If one witnesse is not to be accepted, much lesse where no witnes is, should any be condemned.

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

VVherefore (O most noble King) 1. seing the oath ex officio should bee in waighty not common, in civill rather then in criminall causes. 2. seeing it should be used, but when other proofes faile. 3. And that an accuser should be produced. 4. And the Ministers by law are priviledged. 5. Seeing such cannot sweare in iudgement, not knovving the arti­cles obiected. 6. nor in righteousnesse, being forced oftentimes to accuse their brethren. 7. Neither should a man be forced to pro­duce vvitnesses against himselfe, 8. neither should witnesses be imprisoned. 9. And every word should stand in the mouth of two or three witnesses. 10. Neither should the same be Accusator & Iudex. VVe hope your Majesty seeth, what iust cause the Petitioners had to [Page 226] moue, that the othe Ex officio be more spa­ringly used: which course seemed strange in ancient time: as Ambrose reproveth one Sya­grius Bishop of Verona; for condemning a vir­gin without an accuser: Vbi talis iudicandi for­mula, Epist. 64. si leges publicas interrogamus, accusato­rum exigunt, si Ecclesia, &c. Whence had you this forme of proceeding, if we aske the common Lawes, they require an accuser; if the Church, in the mouth of two or three witnesses every truth standeth.

9. Of Licenses for marriage without banes asking.

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

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

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

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

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

4. The Church and congregation is offen­ded, [Page 227] the Pastor mocked, when two of their parish are ioyned in marriage, they know not where, nor when. Secondly, as for the seve­rity of the constitution, the strength thereof dependeth upon the bonds of the suerties which may be knights of the post, & men of no worth? And notwithstanding this canon, licenses haue been abused as much as before, as some of us can speak of experience. Third­ly, the Petitioner then had reason, to moue, as they did: And further, we explaine our Petition, that either licenses might be cleane cut off, and banes thrice asked without any exception, according to the Communion book, as it hath been in some Synods also de­creed: or that noble personages, or men of the like quality onely be priviledged, as the constitution intendeth: and that they to o­ther be granted very seldom, and that upon necessary and urgent occasion, better cau­tions, and more reasonable fees: that, as o­ther Coloniens. par. 7. c. 43. August. c. 21. things, so marriages may bee done, ac­cording to the Apostles rule, Comely, and in order. 1. Cor. 14 40. But now by these licenses order is broken, and a way made to many un­comely, and unhonest proceedings.

The defence of the Conclusion.

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

Answ. VVee trust by this defence it doth [Page 228] appeare, that it is no idle vaunt (that the Pe­titioners are able to shew the particulars gi­ven in instance, not to be agreable to the scriptuers:) The treatises written on the con­trarie part, the Petitioners professe not to confute, the world is too full of such bookes alreadie, & the common adversarie reioyceth too much in our domesticall contentions: yet some of them where it was needfull, are answered: some as superfluous, are omitted: of the which we may say with Ambrose, Ac­cusationem non tacendo confirmant sed despiciunt In Luc. 22. non refellendo: They are best refuted, by beeing despised.

Yee will by argument silence them.] Boast not too much of your strengh, let not him that puteth on his armour, boast, as he that put­teth it off: vve doubt not, but to whom God hath geuen affection to loue his truth, hee will also graunt elocution to defend it. But though you could put men to silence, the truth, will not be silenced: Melior est cau­sa, quae non defenditur, & probatur, taceat Serm. 49. lingua necesse est, vbi ipsa equitas sibi adest: as Ambrose saith. The goodnesse of the cause doth the better appeare when it is approued without defence. The gracious effects vnder her Ma­iesties late happie reigne, proceeded not from the discipline but from the doctrine of the Church, which if it had been cherished by a good foster sister, would haue brought forth more glorious fruits. His Maiestie, what de­fects soever he found in the reformation of his former kingdom, (which are not such as [Page 229] you insinuate) he knoweth wisely to distin­guish between the faults of men, and the na­ture of the thing, as the law saith, Delictum Reg. iuris. 76 personae, non debet in detrimentum Ecclesiae re­dundare. The persons fault should not bee the Churches praeiudice.

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

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

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

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

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

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

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

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

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

First to enforce this conclusion, the con­futers Vntruth di­verse. produce false and slanderous premi­ses, as that we would haue the king confined within the limits of some particular parish: [Page 232] that they giue vnto the presbyters power to Answ. to pet. p. 29. censure, euioyne penance, excommunicate the king, and where there is cause to pro­ceed against him as a tyrant: that they denie appeales to the prince, would draw all cau­ses to be Ecclesiasticall, that they allow the magistrate, Non potestatem iuris, sed facti.

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

2. Not presbyters, but Bishops haue taken upon them to censure and excommunicate Kings: as Odo suspended King Edwine: the Bishop of London, Elie, VVinchester, Hereford, Fox. p. 151. Fox. p. 251. interdicted K. Iohn, and the whole Realme: they were the Bishops, not presbyters, that iutted with and iostled their Kings. Anselme opposed himselfe against William Rufus, Bec­ket against K. Henry the 2. Ste. Langhton a­gainst K. Iohn. Rob. Winchelsey against Edward the 1. Thomas Arundel against Rich. the 2. And few Archbishops we finde (saith M. Eox) with whom kings haue not bad some quarrels or Fox. 395. other. But as for the Petitioners concerning the censuring of Kings: we assent unto their determination that thus write, Si quis vetus & novum Testamentum, gestaque reuolverit, patenter inveniet, quod aut minime, aut difficulter possint reges & imperatores excommunicari: ad­moneri [Page 233] possunt, increpari, argui a discretis viris, &c. If a man turn over the old & new Testamēt Epist. Leodiens. Eccles. Cont. Pasch. he shall apparantly said, that none at all, or very hardly Kings and Emperours can bee excommu­nicate: they may be admonished, rebuked by dis­creet men, &c. And they add further: Hilde­brandus papa primus levavit sacerdotalem lance­am contra diadema regum: The Pope a Bishop (not the presbyters) did first lift up the Priestly launce against the Kingly crown. If in some places some heady men haue presumed with­out warrant, it ought not to preiudice nei­ther us, nor our cause: But as Ambrose saith: the example of such, Non excusationi obten­ditur, sed cautioni proponitur: should not be pre­tended to imitate, but propounded to take heed.

Secondly, would our brethren haue the The Ecclesia­sticall state in earth not Monarchical. state of the Church Monarchicall by this co­lour, to make the Ecclesiasticall and Civill state suteable, when there was but one Em­perour, ambitious policie brought in one su­preame Bishop the Pope, that tooke upon him to be chiefe over all Bishops: There is great difference between the Church and the Kingdom: their regiment cannot be alike: Our Saviour himselfe sheweth a difference, The Luc. 22. 23. Kings of the Gentiles reigne over them &c. but yee shall not be so. Christ would haue no Mo­narks and sole commanders in his Church, as the Kings were among the Gentiles. Do not our learned writers maintaine against Bellar­mine that the policie of the Church, Quam D. Sutcliffe. l. 1. de. pont. Rom. c. 5. proxime accedere. &c. doth come most neere to an Aristocraticall estate, not a Monarchicall: [Page 234] And in this manner was the Church gover­ned at the beginning, as Hierome witnesseth, communi presbyterorum consilio: by the common In Tit. 1. counsell of presbyters.

Thirdly, yet shall it appeare, that the re­giment and Discipline of the Church, which the Petitioners moue, is much more suteable to the state of a Monarchie, then the Episco­pall Hierarchie: 1. VVee acknowledge no o­ther Monarch, both in Civill and Ecclesiasti­call causes, but the kings Maiesty: there need not to be any other Prince, or chiefe of the Bishops, but the King, 2. the civill state, though it be Monarchicall in the head, yet it is not throughout in the members. The King first, hath his honorable state of Coun­cellors, all of equall authority: to that may answer for Ecclesiasticall matters a Synode of Bishops: then in every shire, there are worship full knights and Squires in commis­sion for the peace: were it not a confused The presbyter of Pastors proued sutea­ble to the state. estate, that there should bee but one Iustice in a shire, as now there is but one Chancellor or Archdeacon? How much more suteable were it, if every Deanery and division had their assembly and reverent learned Pastors, for the administration of discipline, then one ignorant Civilian, or some other ordinary substituted person? VVee appeale now to all religious politike statesmen, whether this form of Ecclesiasticall government were not much more fitting to the Commonwealth, then that which now is used: VVherefore the Confuters are too blame to charge the Pe­titioners, [Page 235] and their requests, as not suteable to the state: VVe say with Ambrose: Didi­cimus omnes fidem proprio regi servare, nec usur­pare regnum sed vereri: Wee haue learned to bee faitbfull to the Prince, not to usurpe any king­dom, but to reverence the king, &c.

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

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

2. That there are not many men brought up among them (they meane in Scotland and other reformed Churches) worthy of that honorable maintenance: is not far from a de­famation of so worthy a Church, neither had [Page 236] that land ever more learned men both prea­chers and writers, then are at this time: The Kings own Testimony shall cleare this point: There is presently a sufficient number of good men of the ministry of this kingdom; How may his Maiesty take it, to haue such an evill re­port brought up of his countrey.

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

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

5. And we wish with all our hearts it were as they say, That our Reverend Prelates did con­tayne themselues within such bounds, as preserue that state from creeping to any papall corruptions: But how can this be truly sayd, when as the discipline of the Ecclesiasticall courts is alto­gether the same, setting the supremacy aside, which was exercised under the pope. The corruption is not reformed, being by an o­ther authority maintayned: the Canon saith: Cum quid una via prohibetur alieni, ad id alia [Page 237] non debet admitti; That which is forbidden one way, ought not to be admitted an other. The cor­ruptions of the Ecclesiasticall state, as by the papall supremacy, are not now practised, so by his Maiesties princely authority we trust shall bee purged: to whom the honour of this worke must be left, not to the Bishops themselues, to chaine them with such bonds [...]. p. 44 as may preserue that state from creeping to cor­ruption.

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

7. If it be admited, that there were more Ans. to Pet. p. 31. learned men in this kingdome, then among all the Ministers of the religion in all Europe beside: that doth not proue, that there are no dumb & unlearned Ministers in the Church. 1. And where will our brethren find so ma­ny learned men, if they exclude all those preachers which desire reformation, whom [Page 238] at other times they will hardly afford the name of learning. 2. And it need not to be marvailed at, if England may compare in number of learned Pastors, with most refor­med countries (though the comparison bee too large to set it alone against all Europe) seeing in this one land there are more parish Churches, which are occasions of learned Ministers, then in all the Protestant reformed nations. 4. But considering the whole num­ber of Parishes (which riseth to not so few, asten thousand) as we may compare for lear­ned Ministets, so we feare wee exceed them for unlearned. Scotland hath not the third part of that number, nor the tenth of our maintenance; but there are few Churches which haue not a preaching Minister: there­in we wish we could compare with them. 5. As this Church of England aboundeth with many learned men; so it would abound much more, for every learned minister wee should haue two if that course might be ta­ken which the humble Petitioners desire: but now as wee haue many bright shining lamps, so there are more dim twinkling stars. The third part of the land is darkened with unpreaching ministers, that we may say with Origen, Alij sunt, quorum pars aliqua observatur, ut in Revelatione percussa est tertia pars lunae: alij qui penitus cadunt, ut stellae à draconis cauda Tractat. 30. [...] Mat. tractae. Though the dragons taile of Rome (thankes bee to God) hath not smitten our starres to the ground, yet a third part of our morne is obscured.

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

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

And thus for this time haue we ended our iust plea, and reply for the truth, leaving the iudgement thereof to your Christian Maiesty: wherein to our knovvledge we haue main­tained nothing which is not consonant to the [Page 240] Scriptures, and agreeable to the ancient pra­ctise of the primitiue Church. In handling wherof, we humbly craue pardon if we haue been too tedious. Our intendment was not so much to confute the gain-sayers, as to confirme the truth: and we herein follow Cyprians counsell; Semel laboravimus, ne alij Ad Fortunat. semper laborarent. We haue taken this paines at once, to ease other of continuall paines: That where they doubt they may bee resolued, where they are wavering, they might bee setled, and wherein they haue not yet tra­velled, they may be further informed.

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

FINIS.

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