ASSERTION.

THe benefit of all exceptions, and advantages, to the invaliditie, un­certaintie, imperfections, and insufficiency, of this admonitory bill, and matters therein contained, alwayes saved; for answere to so much as concerneth this clause, and every other clause, and article, of the bill hereafter following, and without that, that there is any matter, or thing, in the same bill of admonition materiall, to be answered unto, and not herein, or hereby sufficiently answered, confessed, and avoided, traversed and deemed is true, in such manner and forme, as in the same is set forth, and declared; the defendant is ready to aver, maintaine, and prove his answer, as shall please the King, to award, and to com­mand. And therefore he most humbly beseecheth the King, if it please the King, and that hee have found favour in his sight, that his exceptions may be admitted, and read, and that his counsell, lear­ned in the law, may be heard, and suffered to speake.

This platforme of government, intended by the admonitor, not to be liked of in this place, is that platforme of Church government, Booke of Com. Pray. tit. Commi­nation. Homil. 2. part. of the right use of the Church. Admo. pag. Whitgift p. 654. M. Nowell in his Cate. M. Calvin. M. Iunius. Looke Peti. to her ex­cellent Ma­jestie, p. 11. by Pastours and Elders which the Booke of Common Prayer, the Do­ctrine of the Church of England doe highly command, and which he himselfe Master D. Whitgift, now Lord Archbishop of Canterbury, and very many other (c) reverend Divines of our age, doe publikely confesse in their writings, to have beene practised by the Apostles, and Primitive Church. From whence it followeth that the govern­ment of the Church, by Archbishops, Bishops, Suffraganes, Archdea­cons, Deacons, Chancellours, Commissaries and Officialls, now alrea­dy planted and liked of, was not practised by the Apostles and Pri­mitive Church. And therefore for my part, I cannot, but marvell, that a disciple of the Apostles Doctrine, and a successor in the Apo­stles Chaire, should be drawne to humane reasons, not to like of the Apostles government, nor to tread in the steps of the Primitive Church. For seeing the same is acknowledged by himself to be the first ways to be the old and ancient way, as being the Apostles way, why Ier. 6. 16. should we not walke therein, as in the only good and perfect way? The reverend Bishops will not deny, that the Apostles, and Primi­tive Church for their manner of governement, had the mind of Christ, [Page 3] and that we should follow the Apostles, as having them for examples, because they were the followers of Christ. Againe they cannot but grant, that the manner of governement, practised by the Apostles and Primitive Church, is written within the booke of the covenants of grace. All which notwithstanding we see in this place, that from the new Testament, from the Articles of grace, from the law, from the testimonie, from the example of the Apostles, and from the mind of Christ, we are addressed and turned over to our state of government, to our countrey, to our people, to our Common weale, and to our Lawes. But this turning of devises shall it not bee esteemed, as the Potters clay? Isa. 29. 16.

But (saith he) to plant those things in this Church, which are re­quired to be redressed, might bring rather the overthrow of the Go­spell, than the end, that is desired. Indeed (say I) if this might be as soone proved, as it was soone said, the case might have gone well with him. But this parable is so darke, that (unlesse it be opened) there is no light at all to be seene in it. For he well knew, that in stead of the government practised by the Apostles and Primitive Church, the ju­risdiction of Archbishops, Bishops, Suffragans, Deacons, Archdea­cons, Chancellors, Commissaries, and Officials, is already planted in this Church; And he was not ignorant also that the same jurisdicti­on only, and none other, is required to be redressed. Now then if re­quest be made, that this manner of governement be redressed, how can it evidently bee seene that to plant that manner of government, might bring rather the overthrow of the Gospell than the end that is desired? But it may be that he meant more lightsomely than he spake. Yea let it be, that he intended thus: viz. to unplant that, which is now planted, and to plant those things, which are yet unplanted (by rea­son of many and great alterations) might bring rather an overthrow of the Gospell, than the end that is desired; well (I say) be it so, that he thus meant. How is this thing evidently seene, or how can it evident­ly be proved? The best sight, that the servant of Christ can have, is faith. For Faith is an evidence of things which are not seene. This o­verthrow Heb. 11. then of the Gospell, not being seene with his bodily eyes, must needs be intended to have beene seene with the eyes of his faith, But where is the word of Christ, whereupon the eyes of his faith were fixed? If then he hold no word of faith, then of necessitie was his evident sight, but an evident fancy. And in deed what else could it be? For what other thing is there desired, to bee planted in this Church, but only the Apostolicall government of Christ? And what [Page 4] other Gospell could hee evidently see, that might bee overthrowne by holding forth this scepter, but only the Apostolicall doctrine of Christ? A marvellous strange and unkinde sight, (I trow) to be seene, that the Apostolicall Governement could no sooner bee planted, but that the Apostolicall doctrine must needs be rooted up. That Christ by his owne scepter, were not able to maintaine his owne grace, by his owne order, should weaken his owne oath, or by his owne sword, should cut from the people of God, his owne Word. But seeing it was his purpose to perswade the people unto a dislike of the Aposto­licall government, by arguments and reasons drawne from humane po­licie, rather than to confirme them in a good opinion of the Prelaticall Government, by proofes taken from the authoritie of holy Scripture, we will follow him in this his veine. Yea, and by the help of God, we will try of what efficacy, such his politike and humane reasons may be, as wherewith he did assay, to disswade the people from consenting unto any other manner of Church Government, than is already setled among us. The generall effect of all which, both here and else where spoken of, by him briefly gathered, is this:

Such things may not be plan [...]ed in the Church of England, as by at­tempting, the planting whereof, there is an evident sight, that the Go­spell among us, may be overthrowne.

But there is an evident sight, that the Gospell among us, may be over­thrown, by attempting, to plant that Government in the Church of England, which was practised by the Apostles and the Primitive Church, Therefore that manner of Governement may not be planted.

The assumption of which sillogisme, hee endeavoureth to confirme thus, whatsoever will draw with it, many, and great alterations of the state of Government, and of the lawes, the same may bring rather the overthrow of the Gospell, than the end that is desired: but the planting of the Governement practised by the Apostles and Primi­tive Church, will draw with it, many and great alterations, of the state of Government, and of the lawes.

Therefore the planting of this manner of government may rather bring an overthrow of the Gospell, &c.

If any shall object that by thus gathering his argument, I had in this place falsified his argument, by adding more, than is here expresly ut­tered by him: let such one understand, that this charge is but a meere and needlesse cavill. For sithence both here, and throughout his booke, his intent was to dispute for the governement already received, against the governement, which is required, to bee planted, in the Church: [Page 5] And for so much also, as none other governement, is required to bee planted, but that only Government, which was practised, by the A­postles and Primitive Church, it must necessarily follow, that the ar­rowes which he shot against the government required to bee planted, were shot only against the governement which was practised by the Apostles, and the Primitive Church. And therefore there can be no just charge of any falsification; used in the gathering of his arguments. Against which I argue as [...]olloweth:

Whatsoever will draw with i [...] no alterations of the state of Governe­ment, and but few, or small alterations of the lawes, the same may rather bring the end, that is desired, viz. a godly peace, and Christi­an unitie both in Church and Common weale, than the overthrow of the Gospell among us.

But the planting of the government practised by the Apostles and Pri­mitive Church, will draw with it no alteration, of the state of govern­ment, and but few or small alterations of the lawes.

Therefore the planting of the Government practised by the Apostles, and Primitive Church, may rather bring the end that is desired, viz, a godly peace and Christian unitie, both in Church and Common weale, than the overthrow of the Gospell among us,

The truth of which argument will then appeare, when the Admo­nitors argument shall be convinced of errour: for the disproofe of the one, is the proofe of the other, and if his fall, then cannot this but follow. And touching the invaliditie of the first proposition, of his second Sillogisme, we affirme, that the alterations, of the state of government, and of the Lawes (bee they never so many and never so great) can never bring any overthrow of the Gospell, if the same alterations, be made, for the planting of the Gospell. For the lawes once altered, can overthrow nought, because they are then no more lawes. And to say, that the Gospell once planted by authoritie of new lawes, can be overthrowne by the same lawes, is more absurd. For the new lawes give life to the entertaining of the Gospell, by means wher­of, the Gospell, can not discontinue, so long as those lawes continue. And hereupon also it followeth, that no alteration of lawes, for sweep­ing, and cleansing of the Church, for casting, and whipping buyers and sellers, and choppers of Churches, out of the Church, can over­throw the Gospell. For if all drosse, filth, and corruption, be cast out; if all lets, and impediments, be done away, it cannot be but that the Go­spell, must needs have a freer, and larger passage, as whereunto a wi­der doore can not bee, but opened, for the bringing in of a [Page 6] more plentifull harvest. And if the Church be beautifull as Tyrsa, and Sol. song. 6. 3, 4 comely as Ierusalem, if she looke as the morning, If she be faire as the Moone, pure as the Sunne, and terrible as an army, then is she set as a seale on the Lords heart, and as a signet upon his arme, and then shall the coales of his jealousie be as fiery coales, and as a vehement slame, that much water shall never quench it, nor any floods ever drowne it. But if he should rather meane, that the alterations of the state of governement, should be so many and so great, as that there­upon he did strongly imagine, evidently to see the overthrow of the Gospell, then we say that no state of government, can ever undergo, either many, or few, either small, or great alterations, unlesse by al­teration of lawes made by the same state of Government, the same state of government be altered. Now then if our politike state of go­vernment, (whereof hee must needs speake, for otherwise his speech were to no purpose) to amend and reforme abuses in it selfe, may just­ly put it selfe under the yoke of a new law, (as it hath done, and daily doth unto many new lawes) and so in this respect, after a sort, in some part alter it selfe (for every reformation is a kinde of alteration) without any dammage, hazard, or prejudice to it self, if (I say) this may well be so, what a silly skare-crow, is there here, brought into the field, to fray our politike state of governement, for attempting a reformation in the Church? Belike he knew some to faine, that our state of go­vernement, must necessarily fancy whatsoever they fancy. And name­ly, that a reformation of the Church, cannot but inferre a desolation of the State: or that the State cannot be well ordered except it suf­fer the Church to be disordered: or that the Church could not be faire, well favoured, and in good plight, but the state of our Countrey, peo­ple and common weale, must be foule, ill favoured and out of heart; or lastly that the State cannot launce, binde, draw, and heale up the sores, wounds, and contagions of the Church, but it must withall fe­ster, infect and poison it selfe. All which, how unsavorie and voide of all sense it is, I leave to the judgement, both of the state, and of the Church. For who seeth not, but that the state of politike government, may wholly alter the state of Church government, and not so much as alter one least jot of the politike state of government it selfe? Besides, since our state of politike government, hath in our dayes and before our eyes, repealed very many old lawes, and disavowed sundry ancient customes, to entertaine, and harbour the Gospell, must our state of politike government, no sooner now attempt to repaire certaine breaches, made into the vineyard, but it must streight wayes, [Page 7] roote up, that which it hath planted, and pull downe that, which it hath builded? Hee that diggeth about, and dungeth, hee that spreadeth and pruneth the rootes and branches of a Tree, doth hee not rather quicken, than kill the roote? And doth hee not rather cause the boughes to sprought, than the body to wither? Can seven times trying, and fining of Gold, breed a canker in Gold: or may a River bee dreined drie, by one who shutteth not, but o­peneth the Springs? The bodie of a corpulent, and diseased man, the more it is purged, the more full of health it is, and of better constitution. And how then can it be concluded, that the Gospell, the life and soule of the Church, can languish, and give up the ghost, when the Church for the better preservation of her health, shall receive by some new and wholesome law, some new and whole­some purgative receite? Moreover, forsomuch as here is mention made, how the publishers of this Booke, did consider on the one part, of things that were required to bee redressed, and on the o­ther side, of things required to bee planted, together with the state of our Countrey, People, and Common weale, it is plaine, that their resolution was rather still to continue things amisse, in the Church unredressed, than to plant the things required, to be planted. And alas, what a resolution was that among pillars and Fathers (for so they will bee counted) of the Church? Especially, when as the things required to be redressed, were required to bee redressed at the hands of the whole state of governement, that is, at the hands of the Queene, the Lords Spirituall and Temporall, and Commons in open Parliament assembled. And could any dammage (I pray you) have ensued to the state of Government, to the state of the Queene, to the state of our Countrey, People, Common weale, and Lawes, or to the state of the Gospell, if things amisse in the Church, had beene redressed, and things wanting in the Church, had beene planted by so high, and supreme a power? I trow not. Nay seeing our Countrey, People, and Commmon weale, not only once, and twice, and thrice, but many times, have humbly and earnestly prayed, and solicited in o­pen Parliament, a redresse of things amisse in the Church, is it not most evident, that things were not considered aright but amisse by these Fathers of the Church? And that the considerers by keeping things unplanted, rather aymed at their owne profit, honour, and dignitie, than that our Countrey, People, and Common weale, should fare the better, by having things amisse, to bee redressed▪ The considerers then being them selves parties, yea and such par­ties [Page 8] as by whom things were carried amisse, in the Church, and whose defects only were required to be redressed: no marvell (I say) if they used all kinde of artificiall advisement and consideration, to keepe things still unplanted, by the planting whereof their owne unfather­ly miscariages, must have beene reformed.

On the other side, if things required to be planted, might indeed be once planted, howsoever happily our former Church officers, might bee somewhat male-contented, and discouraged, to have their super­fluities pared, and the edge of their swords abated, yet is there no least cause at all, for our Countrey, people, and Common weale to feare any trouble, or hurly burly among us. For if the hand of God be in Judah, so that he give the people one heart, to doe the commande­ment 2 Chron. 30 12. of the King, and of the Rulers, according to the word of the Lord, and if the King, the Nobles and Commons shall condescend and agree in one, and if their voices shall be all, but as the voice of one man, to allow and approve that, which doth touch and concerne them all, then shall neither the Nobles have any occasion to disdaine the Com­mons, nor the Commons any reason to envie the Nobles. Much lesse can the Nobles be at variance with the Nobles, nor the Commons be at defiance with the Commons. For they bee all of them so prudent, and so provident, as that they will not bite one another, lest they should be devoured one of the other. And in deed, why should any of our Clergie-Masters be so void of judgement, as to deny the Nobles and Commons, after foure and forty yeares experience, of a most prospe­rous peace, waiting upon the Gospell, to be now growne so un­circumspect and simple witted, as that a reformation of disorders to be made by their consents in others, should bring forth a confusion in themselves? What? will they bicker one with the other, will they beate, and buffet one another, when there is no cause of disagreement, or variance betweene them? For they shall be sure to lose neither li­bertie, nor dignitie; they shall endanger neither honour, nor profit. Our Nobles shall be tres-noble still, they shall be Princes and Captaines over our people: They shall be Deputies and Presidents in our pub­like Weale: They shall be Peeres, and Ancients of the Kingdome: their Priviledges, Prerogatives, Preeminences, stiles, ensignes, and ti­tles of prowesle, and honour, shall not be raced, defaced, or diminished. But they shall (as they may and ought) remaine and continue whole, and inviolable, both to them, and their posterities, throughout their generations. Our Judges, Justices, and Lawyers, shall have and enjoy their authorities, credits, and reputations, as in ancient times. They [Page 9] shall be recorders of our Cities, Townes, and Boroughs: They shall be Stewards of Kings Leets and Lawdayes. Our Knights, Esquires and Gentlemen, shall still bee Burgesses in Parliaments, and Conserva­tors of the Kings peace: they shall bee Assistants to examine and re­presse thefts, rapines, murders, robberies, riots, routs, and such like in­solencies. yea they shall be our Spokes-men, and our Dayes-men, to arbitrate and compose, striffes and debates betweene neighbour and neighbour. Our common people, they without disturbance, shall qui­etly and peacably, retaine and injoy (as in former ages) their immuni­ties, franchises and liberties, as well abroad as at home, as well in their houses, as in their fields. They shall possesse their tenancies without ejection, they shall bee inheritors without expulsion, as well to the lawes, liberties, and customes, as to the lands and possessions of their Ancestors. They shall not bee compelled to goe to warfare upon their owne costs, they shall not be tryed, arraigned, or condemned, by forraign power, or by forraigne Lawes. There shall no husban­dry, no clothing, no handicraft, no mariner, no marchandise, no lawes of the Land, no manner of good learning whatsoever in Schoole, Colledge, or Vniversitie, be decreased or laid aside. Where­fore the Admonitor toying neversomuch; howsoever hee hath made his flourish, and cast about with his May bees, his, I feare, his pray God, his yfes, and his andes, howsoever (I say) it pleased him to trifle with these gew gawes; yet shall none ever be able, to prove by any proofes drawne from the holy Scripture, or hu­mane reason, that any hinderance, indignitie, or incumbrance can ever betide our Nobles, our Commons, the state of our Countrey, People, Lawes, or Common-Weale, if the state of Church-governement, were translated from Archbishops, Bishops, Archdeacons, Chancellours, Commissaries, and Officials, (which are officers in the house of God, only according to the com­mandements and traditions of men) unto the government practised by the Apostles and primitive Church, which they cannot deny, but must confesse to have been according to the holy pleasure of God. Nay our Nobles, and our Commons, are most assured to bee so farr from being endammaged, or dosing ought hereby, as hereby they shall purchase that unto themselves, which never yet any oppugner of so good and holy a cause, could attaine unto. Namely, they shall seale up unto their owne soules, infallible testimones of good and sincere con­sciences: testimonies (I say) of their fidelities unto God, testimo­nies of their allegiance unto him, by whom they have beene redee­med, and testimonies of love, and compassion unto the whole Church [Page 10] of God. Nay further, our Commons shall be so farre from bringing a-dammage upon themselves, as they shall marvellously benefit the m­selves. First by purchasing unto themselves, a large immunitie from many foule and great grievances, and exactions of money imposed and levied upon them, by Officers and Deputies of Arehbishops, Bi­shops, Archdeacons, &c. Secondly, by having the Lord Christ, whose cause they undertake, and whose glory they advance, to bee a friend unto their friends, and an enemie unto their enemies. And if our Nobles, and our Commons, bee all hushed, if they bee all at sleep, at peace and at rest, wee may cast away all feare, and bee past all doubt, that the King can not, but holily recreate and solace him­sel [...]e, and that his gray haires, whensoever they shall come, shall never bee brought to the grave, in sorrow, but in a good and perfect age, and peace

But happily it may be replyed, that some of our Nobles, and most of our ``Commons, be so backwardly affected of the truth of Religi­on, Pag. 79. as that rather they would turne head upon the Gospell, than Pag. 79. brooke an alteration of Archiepiscopall, Episcopall, and Archidiaco­nall Church governement. In deed if a reformation of the state of the Clergie were attempted by any other meanes, than by publike tra­ctation and consent of Parliament, I could not but leane unto this o­pinion, that the attempting thereof might bring an overthrow to the attempters. Because the same attempt, should be dishonourable to the name of God, as being contrary to the forme of doctrine recei­ved. But since things amisse are required to be redressed by the King and Parliament alone, this objection is altogether vaine and frivelous, and is already sufficiently convinced, by that peaceable agreement be­tweene Nobles and Commons, before remembred. But let us wade a little deeper, and search a little more narrowly into every veine, creeke, and corner of this supposition. And let us see, by what man­ner of persons this pretensed overthrow of the Gospell might bee wrought.

All carnall, sensuall, and earthly men, either whose belly is their No feare that pro­phane men will over­throw the Gospell. god, or whose God is this world, all such men (I say) as in every age, be of Domingoes religion, namely, just and jump, of that religion, which the King and State professe, they are so farre from attempting ought, to overthrow the Gospell, as under the shadow of the name thereof, they will evermore croud, and cover their carnalitie and pro­phannesse. For they being evermore of every religion, and so indeed of no religion, and passing not whether our Saviour Christ, or Beliall be their God, sing as the Poet singeth; Ais? Aio: Negas? Nego: [Page 11] beck and bow, cap and knee, to whatsoever the State and Law com­mands. If the King be a Gospeller, the Gospel, the Gospel, and naught else, but the Gospel shall be found to roule in their mouthes. But let the Crowne once turne, by and by, they have turned their Coates, and as weaher-cocks, with every puffe of winde, are huffed about. Whatso­ever order or manner of government bee planted or displanted in the Church, the same shall bee no corosive to them. It shall never sticke in these mens stomacks, neither will they lay it to their heartes. The King and the Counsell is wise enough, and know what they have to doe well enough. They will not bee more forward, nor wiser than the Prince, they will not checke and controll the whole Realme. They cannot brooke these busie bodies, and medlers in matters above their reach. They will bee none of these new fangled and precise fooles; they will not be backward, and come behinde the law, as the Papists doe; neither will they be too forward, and runne before the law, as the Puritans doe. But they will behave themselves in all things, and at all seasons, as discreet and politike Protestants ought to doe, conforming and submitting themselves alwayes to all order and autho­ritie of the Queenes booke, and lawes setled. Yea and though they be not booke learned, nor any pen Clerks, yet they believe well. And therefore they will goe to the Church, and say a few prayers, yea, and they will receive the Sacrament at Easter, as devoutly as the best preci­sian of them all. All these Atheists and godlesse men, being neither hot nor cold, neither fish nor flesh, nor good red herring, plant what plants you will, and sowe what seeds you list, yea make what ditch, hedge, pale, wall, or sence you please, they set cocke upon hoope, and passe not a button for it; every season, be it wet, or be it dry; every kind of land, be it clay, or be it sand; every surrow, be it broad, or be it nar­row, be it deepe or be it shallow, pleaseth these medley coates alike. They are like unto Iacobs Ewes, which having straked and party co­loured rods laid before them in the gutters, at a ramming time, brought forth none other but party coloured Lambes. And therefore they will never stir hand nor foot, nor once step over a straw to worke any Admonito­ry prote­stants by their owne doctrine, ought not to binde the Church, to a perpetuall gove [...]nment of prelacie. least annoyance to the Gospell. It is good sleeping alwayes, for these men in a whole skinne: And not much unlike to these party coloured sleepers, are the admonitorie protestants. For they, as the dutie of faithfull subjects doe bind them, living in a state of the Church re­formed, and having libertie in externall government, and other out­ward orders to choose such as they thinke, in wisedome and godlinesse, to be most convenient for the state of their countrey, and disposition of the people, and having the consent of their godly Magistrates, to [Page 12] that outward forme of jurisdiction, and deciding of Ecclesiasticall causes, these kinde of protestants, (I say) alwayes blowing out the trumpet of obedience, and crying an alarum of loyaltie to every or­dinance of man, and gravely, wisely, and stoutly demeaning them­selves against all the giddie heads, and fanaticall schismatikes, and wrangling spirits of our age, dare not (I trow) slip the collar nor cast off the yoke, dare not push with the horne, nor wince with the heele against the Gospell; If so bee by the authoritie of our Christian King, with the consent of his Parliament; the platforme of govern-(as he saith) devised by some of our neighbour Churches, but (as we and they themselves confesse) practised by the Apostles and Primi­tive Church, might bee received and established, to be the best and fittest order of governement, for the Church of England, as well as it hath been a long time, and yet is of Scotland, and of most of all other Christian Churches. For if it be too great a bridle of Christian liber­tie (as they say) in things externall, to cast upon the Church of Christ, a perpetuall commandement, and if the Church have free li­bertie to make choise of what government soever, she thinketh con­venient, then is she neither restrained at her pleasure, to forsake that which by long experience she hath found to be inconvenient, neither is she tyed still to retaine Archiepiscopall, Episcopall, and Archidiaco­nall governement, though for a long season the same have beene used. For that indeed might well and justly be said, be too to great a bridle of Christian libertie, when by necessitie there is cast upon the Church, such a perpetuall regiment of prelacy, as may not be removed. Wherefore if our continued Prelaticall discipline, whereby the liberty of the Church is taken away, by publike authority of the King and States might be discontinued, and libertie granted to the Church, to use the Apostolicall discipline, either our Admonitorie Protestants must yeeld, stoop, and obey, or els be found to be a way ward, a contenti­ous and a [...]romple generation.

And if these two former kinds of our people (which the land be­ing divided into five parts make three at the least) shall every way bee supporters of unitie, and conformitie, to the Gospell, and no way di­sturbers of the peace, liberty and tranquillitie of the Church, what o­verthrow, or what dammage may the Gospell sustaine by the other parts? Yea though they should unite, linke and confederate them­selves in one. For are they not weaker in power, poorer in purse, and of farre lesse reputation than the former? And yet neverthelesse, these parts are at such deadly feud one against the other, and at such an irre­concileable enmitie betweene themselves, that the case standeth now [Page 13] betweene them, as sometimes it stood with Caesar and Pompey, not whether of them, should raigne, but whether of them should live. And how then can these parts thus divided, possibly agree together, a­gainst the other parts, so surely combined?

Besides, the first sort of these two sorts, whom it pleaseth our Pro­testants, Puritane protestants, can never overthrow the Gospell. the Admonishers, for difference sake to dubb with the Knights Hood of Precisians, or precise and puritane Protestants. Why? They are the onely and principall spokes-men and petitioners for the Apostolicall Discipline, required to bee planted. Nay these men, out of the holy Scriptures, so resolutely are perswaded, of the truth of God, conteyned therein, as without which, they know perfectly that the doctrine of the Gospell can never powerfully florish, or be en­tertained with so high a Majestie in the hearts of men, as it ought to be. The Gospel hath over­thrown the papist, ther­fore hee can never over­throw the Gospel. And as for the other sort, (the Papists I meane) alas that poore ratt, what overthrow can he worke to the Gospell, whose bane the Go­spell hath wrought so long since? Alas this faint ghost is so farre spent; his disease growne so desperate, and his sicknesse, now at such an hay­now-hay, as all the phisicke of all the Phisitions in the world, can not recover his health, or once take away his head-ach. This silly snake, then having hissed out all his sting, spit out all his venome, and ungor­ged himselfe of all his poyson, how can his skin, or how should his taile anoy the Gospell? If therefore it might please the Admonishers, upon a revew of our State, our countrey, and our people, to cast such men, as be open enemies to the Gospell, into squadrons, causing them to march ranck by ranck, and troop by troop and delivering unto the King, a muster roule, of all the names, qualities and conditions of the principall popish recusants within the Realme (for none but such only can be suspected openly to band themselves against the Gospell) it is not to be doubted, but the least part of all the other foure parts would be as great in number, as these. And what then should the King and State feare the multitudes of Recusants, when one standing on the Kings side, should be able to withstand ten; and ten an hundred; and hundred a thousand; and a thousand ten thousand papists. King Asa 2 Chron. 14. crying unto the Lord his God, that it was nothing with him, to help with many or with no power, and resting upon the Lord, overcame ten hundred thousand, and three hundred chariots, of the Ethiopians, and Labimes. For the eyes of the Lord behold all the earth, to shew himselfe strong with them, that are of a perfect heart toward him: And when King Joash remembred not the kindenesse which 2 Chron. [...]4 Iehoiada the Priest had done unto him, but slew Zechariah his sonne, the Lord delivered the King, and a very great Armie [Page 14] into the hands of a small company of the host of the King of Aram, who gave sentence against the King, slew all the Princes of Iudah from among the people, and caried the spoyle of them unto Damascus. And thus much concerning the Admonitors proposition, viz. Whatso­ever will draw with it many and great alterations of the state of Go­vernment, and of the lawes, the same may bring rather the overthrow of the Gospell, than the end that is desired; All which speech of his I affirme to bee but a vaine and trifling riddle, as the whole strength whereof resteth only upon a may bee. Whereunto if I should onely have spoken thus, and no more, viz. that many and great alterations, &c. might rather not bring an overthow of the Gospell, &c. I sup­pose, and that upon good ground, that such (may, might not bee) might every way be as forcible, to disprove the one, as his (may bee) can any way be pregnant to prove the other.

And touching his assumption, viz. but the planting of the govern­ment, practised by the Apostles and Primitive Church, will draw with it many and great alterations, of the state of government and of the Lawes: If in this place hee understood, the state of Church go­vernement, and of the Lawes Ecclesiasticall now in use, then is the proposition true. And yet notwithstanding wee avow, the Go­spell to bee so farre from incurring any overthrow by such an alte­ration, as thereby it is certaine, that the same shall more and more flourish, and bee perpetually established: by reason that this alte­ration should be made from that which by long experience, is known to be corrupt, unto that which is knowne by the holy Scriptures, to be pure and sincere. From a government (I say) and Lawes authorized, by tradition, and commandements of man alone, to a policie and lawes founded and descended, by and from God himselfe.

But if the Admonitor, by the assumption meant to informe us, that the planting of the Apostolicall government will draw with it many and great alterations, of the temporall state of government, and of the temporall lawes, statutes, or customes of the Kingdome: then as be­fore The plan­ting of the Apostolicall government will draw no alterati­on of the Laws of the realme with it. to his first, so now also to his second, I answer negatively: and af­firme, that the planting of the said Apostolicall government, will not draw with it any the least alteration, of any part, of that temporall state of government, nor almost of any one common statute, or customa­ry law of the Land, which may not rather be altered, than retained. For this platforme of government, we are able by the helpe of God, to de­fend the same generally, and for the most part, to bee most agreeable, and correspondent, to the nature, qualitie, disposition, and estate of our Countrey, People, Common weale, and Lawes, as in our particular an­swers, [Page 15] to his particular reasons shall more at large appeare. In all new, and extraordinary alterations, it is not only requisite to abolish all bad opinions out of the mindes of those that know not the drift of the enterprisers, but it is also necessary, that the defence of such alte­rations, be made forcible against the opposition of all gainesayers: we will descend to the particulars, and joyne issue with the Admonitor. And upon all allegations, exceptions, witnesses, and records to bee made, sworne, examined, and produced out of the holy Scriptures, and Lawes of the Land already setled, on the behalfe of our cause, be­fore our Soveraigne Lord the King, his Nobles, and Commons in Parliament, we shall submit our selves and our cause to the Kings Roy­all, and most Christian judgement. In the meane time, we averre that not only the former clause of this admonitory bill, but that all other clauses following in the same bill, for the invaliditie, insufficiency, in­dignitie, and nullitie of them, are to bee throwne out and dismissed from the Kings Court, especially for that the particulars opened by the Admonitor, can not serve for any reasonable warning, to induce the common people, to rely themselves upon his, I am of opinion, to the which we plead at barre as followeth.

ASSERTION.

When by a common acceptance and use of speech, these words (whole State of the Lawes of the Realme) are understood of the Com­mon and statute lawes of the Realme, that is to say of the Kings tem­porall Canon and civill Lawes no part of the Laws of the Realme, but only by sufferance. lawes, and not of Canon or Civill lawes, it cannot follow, that the whole state of the Lawes of the Realme should be altered, though the Canon and Civill Lawes, with all offices to the same belonging, should be utterly taken away and be wholly overthrown. For no more could the Admonitor prove, the Canon or Civill Law, at any time here­tofore, to have beene any part of the Lawes of this Realme, other­wise than only by a 25. H. 8. C. 21. in the preamble. sufferance of our Kings, acceptance, long use and [Page 16] custome of our people) than can any man prove a parsley-bed, a rose­mary-twigge, or an ivie-branch, to be any part of the scite of the Ca­stle of Farnham: And therefore he might aswell have concluded thus, the whole scite of the Castle of Farnham will be transposed: for the Boxetrees, the Heythorne Arbours, and the Quick-set hedges planted within the Castle-garden must bee removed and cast away: which were but a proofe provelesse, and a reason reasonlesse. If then by the abrogation of the Canon or Civill Law, scarce any one part of the lawes of this Realme should be changed, what reason have we to thinke that the whole state of the lawes of the Realme must be altered? Besides, to conclude the whole, by an argument drawne ab enumeratione par­tium, and yet not to number the tenth part, (of such parts as were to bee numbred) is, I am sure, neither good logick nor good law. Moreo­ver if all the Canon-law, (I mean all the Papall and forraigne Canon Law, devised and ordeined at Rome, or elsewhere without the Realm, and consequently all the Offices and functions to the same belonging) bee already utterly taken away, what hope of reward can Civilians ex­pect from the use of such things, as are within the compasse of that law? or of what efficacy is this argument, to prove an alteration, of any part of the lawes of this Realme, or that the studie of the Ci­vill Law should be utterly overthrowne? For the whole state of the Lawes, properly called the Lawes of the Realme▪ hath stood and con­tinued many years since the same Papall and Canon Law was abolished. An imbase­ment for ci­vilians to have pre­ferment by offices of the Canon law. The Canon law be abo­lished out of the realme and ought not to be u­sed. And as touching the Civilians, for them to seeke after preferments, by Offices and functions of the Canon Law, is an embasement of their honourable profession, especially since farre greater rewards might ve­ry easily bee provided for them if once they would put to their helping hands, for the only establishment and practice of the Civill Law, in the principall causes now handled by them in the Courts cal­led Ecclesiasticall.

But how may it be proved, that the Papall and forraign Canon law, is already taken away, and ought not to bee used in England? For my part, I heartily wish, that some learned men in the Common Law, would vouchsafe to shew unto the King and Parliament, their cleare knowledge in this point. In the meane season, I shall not be negli­gent, to gather and set downe, what (in mine understanding) the Statute-Law hath determined thereof. By the statute of submission, 25. Hen. 8. revived 1 Eliz. (as the very words and letter of the petiti­on and submission of the Clergy, of the body of the law, and of the pro­visoes doe import) the very true meaning and intent of the King and Parliament, is evident and apparent to be thus as followeth, and [Page 17] none other, viz. That such Canons, Constitutions, and Ordinances Sy­nodall, or Provinciall, which before that time were devised and or­dained, or which from thence orth should bee devised or ordained by the Clergie of the Realme, being not contrariant or repugnant, &c. should only, and alonely be authorised, and to be put in ure, and execu­tion. And consequently, that all Canons, Constitutions, and Ordinan­ces Papall, and made by forraigne power without the Realm, should wholly and utterly be abrogated, adnulled, abolished and made of no value. The words touching the petition, and submission, mentioned in that Statute, in substance, are these: Where the Kings humble and o­bedient subjects the Clergie, &c. have submitted themselves, and pro­mised in verbo Sacerdotii, that they will never from henceforth pre­sume No Canons provinciall or other to bee put in ure, there­fore no pa­pall canons in force. to attempt, alledge, claime, or put in ure, any Canons, Constitu­tions, Ordinances, provinciall or other, or enact, promulge, or exe­cute any new Canons &c. And where also divers Constitutions, Or­dinances, and Canons Provinciall, or Synodall, which heretofore have beene enacted, and be thought not only to bee much prejudiciall to the Kings prerogative Royall, &c. the Clergie hath most humbly besought Canons pro­vinciall, heretofore enacted, be­ing preju­diciall, are to be abro­gated. the Kings Highnesse, that the said Constitutions, and Canons, may be committed to the examination and judgement of his Highnesse, and of two and thirty persons of his subjects, &c. and that such of the said Ca­nons, and Constitutions, as shall bee thought and determined by the said 32. persons, or the more part of them, worthy to be abrogated, and No Consti­tutions, or Ordinances provinciall or other ca­nons to bee alledged, therefore once they were all a­bolished. adnulled, shall be abolite, and of no value: and such other of the same Constitutions, and Canons, as by the said 32. persons, &c. shall be ap­proved to stand with the Lawes of God, and consonant to the Lawes of this Realme, shall stand in their full strength and power, &c.

These are the words of the petition and submission, &c. the letter of the body of the Statute in effect is this: Be it therefore enacted, &c. That they, nor any of them, from henceforth shall presume to at­tempt, alledge, claime, or put in ure, any Constitutions, or Ordinan­ces The King and thirty two persons have no po­wer to ex­amine pa­pall canons; therfore pa­pall canons intended to bee wholly abolished. Provinciall, or Synodall, or any other Canons. And forasmuch as such Canons, Constitutions, &c. as heretofore have beene made by the Clergie or this Realme, can not, &c, by reason of the shortnesse, &c. be it therefore enacted, &c. that the Kings Highnesse, &c. shall have power, &c. and that the said 32. persons, &c. shall have power and au­thoritie to uiew, search, and examine the said canons, constitutions, &c. Provinciall and Synodal heretofore made, and such of them as the Kings Highnes, &c. shall deeme and adjudg worthy to be continued and kept shall be from henceforth kept, &c. and the residue of the said Canons, constitutions, and ordinances provincial, which the K. Highnes, &c. shall [Page 18] never be put in execution within this Realme. These are the words of the body of the Law: the words of the Proviso are these: Provided Canons provinciall already made only on authori­sed by the proviso, therefore no papall Ca­nons in force. that such Canons, Constitutions, Ordinances, and Synodals Provinciall, being already made, which be not contrariant, &c. shall now still be u­sed and executed, as they were before the making of this Act, till such time as they be viewed, searched, &c. by which words of the petiti­on, body of the statute, and proviso, three things seeme principally to be meant and intended. First an utter and absolute abolition of all Ca­nons, Constitutions, Ordinances, and Synodals, before that time made by the Clergie within the Realme, or by any forraigne power within the Realme whatsoever: Secondly a view, search, and examination of all Canons, Constitutions and Ordinances Provinciall or Synodall be­fore that time made by the Clergy within the Realm: And lastly, be­cause the Church should not utterly bee destitute of all Canons, &c. (Provinciall or Synodall) a reestablishment, or reauthorisement of all such of the said Canons Provinciall or Synodall, as were not onerous to the people, contrariant or repugnant to the Lawes, Statutes, or cu­stomes of the Realme, nor prejudiciall to the Kings prerogative Roy­all, was agreed upon, till the said Provinciall Canons, &c. were view­ed, searched, and examined.

All Papall and forraigne Canon Law then, before that time made without the Realme, being once inhibited, to be attempted, alledged, claymed, or put in ure, and by consequence adnihilated, abolished and made voide: unlesse the same be againe revived and reestablished, re­maine frustrate and adnulled still, and therefore ought not to be attem­pted, alleaged, claimed, or put in ure. Besides, it is plaine, that forraign and Papall Canon Law was never intended to be reauthorised, because the same Law was never committed to the view, search and examina­tion of the King and 32. persons. The King therefore and 32 persons, by vertue of this act, not having any authoritie to view, search and ex­amine any forraign Canon Law, though he and they, had deemed and adjudged any part of the same Law, worthy to have beene continued, kept and obeyed, yet neverthelesse had not the same beene of any force or validitie. For only such Canons, Constitutions, and Ordinances Pro­vinciall or Synodall (being not contrariant, onerous or prejudiciall to the King, to the Lawes, or to the people) were reestablished, as were committed. Besides, whereas about twenty yeares passed, divers Ca­nons, Constitutions and Ordinances, as well Papall as Provinciall, were alleaged by him that collected an Abstract, against an unlearned ministe­ry, against Dispensations for many benefices, against excommuni­cation, and against Civill jurisdiction in Ecclesiasticall persons: the an­swerer, [Page 19] in the behalfe and maintenance of those abuses, challenged the author for not having proved his intent by law in force: affirming that Tit. pag. 1. & 2. The answe­rer unto the Abstract. proveth by his reasons the Papall Canon law now used to bee aboli­shed. the Canons and Lawes by him alleaged, were but pretended necessary and disused lawes; that they were not inspired with the life of lawes; that such were fathered for lawes, as bee not Lawes; and that it re­mained by him to be discussed how many of them were to be called in truth, her Majesties lawes. The reason of all which his exceptions, he yeeldeth to be this: namely, that the Author ought to have proved them, not to have beene repugnant to the customes of the Realme, but to have beene in use and practice before the making of the act of sub­mission. For he must prove (saith the Answerer) that they are not re­pugnant to the customes of this Realme, and shew us how they have beene used and executed here, before the making of the statute: yea he can say, that they are by law established among us. Which points saith he, because we learne by law, quod facta non praesumantur, matters in fact, are not intended to be done, untill they be proved so: wee must still put him to his proofes, and in the meane time say, that he hath ga­ped wide to say nothing to the purpose, and that in his whole booke, he hath talked but not reasoned. All which asseveration of this Answe­rer, if the same be true, and, if this plea bee a good averment to bar the Author from having proved a learned ministerie to be commanded by the law; dispensations for many benefices to be unlawfull, excommu­nication by one alone to be forbidden; and civill government to bee unlawfull in Ecclesiasticall persons, then much more forcibly may this argument be retorted, upon all such as claime, alleage and put in ure any portion of the forraigne Canon Law. For sithence it hath ne­ver yet beene proved, that the forraign Canon Law, used and execu­ted at this day, was accustomed and used 25. H. 8. then because wee learne by law (as he saith) quod facta non prae sumantur, wee must still put him, and his clients to their proofe, and in the meane while tell them, that their Advocate hath twisted for them but a bad thread, when by his reason he hath untwined all their lawes, and broken a sun­der the bands of their government. Moreover because it is not yet pro­ved, that the forraigne and Papall Canon Law is not contrariant nor repugnant to the Lawes, statutes or customes of the Realme, nor dero­gatorie to the prerogatives of the regall Crown; nay because the con­tradictorie hereof is affirmed, and this denyed: and because we learn by law (as he saith) that matters in fact, are not intended to be done till they be proved so, we must still put the upholders and executioners of this law, to their proofe, and in the meane while tell them that the forraigne and Papall Law, is but a pretended necessary and disused law, [Page 20] that it is not inspired with the life of Law, and that it is fathered by them to be such a Law, as is an headlesse, a fetherlesse and a nocklesse arrow which is not fit to be drawne, or shot against any subject of the King. And from this voidance, abolition and nullitie of forraigne and papall Canon Law (because sublato principali, tolluntur accessoria) it followeth that all offices and functions of papall Archbishops, papall Bishops, papall Suffraganes, papall Archdeacons, papall Deanes and Chapters, papall Priests, papall Deacons, papall Subdeacons, papall Chancellors, papall Vicars generall, papall Commissaries, and papall Officials, meerely depending upon the authoritie, and drawne from the rules and grounds of that Law, are likewise adnihilated, and of no value. Howbeit for so much as by the opinion of some learned Ci­vilians, By the opi­nion of the Civilians, the papall Canon law seemeth to be in force. there seemeth unto them, a necessary continuance of the same forraigne and papall Law, by reason that Archbishops, and Bi­shops doe now lawfully (as they say) use ordinarie Archiepiscopall and Episcopall jurisdiction, which they could not (as they thinke) doe, if the same common law were utterly abolished: and for so much al­so, as some learned in the Canon lawes, do maintaine, that since the sta­tute Apology of certain proceedings in Courts Ec­clesiastical. of 1 Eliz. c. 1. the Archbishop and Bishop cannot lawfully claim any ordinarie spirituall jurisdiction at all, but that the spirituall juris­diction, to be exercised by them, ought to bee delegated unto them from the King, by a Commission under the great Seale: Forasmuch (I say) as there are these differences of opinions, it seemeth expedi­ent to be considered, by what law, and by what authoritie, Archbishops and Bishops exercise Archiepiscopall and Episcopall power in the Church: And to the end this question may fully bee knowne, and no scruple nor ambiguitie be left, what power spirituall may be intended Power pro­perly, and improperly called spiri­tuall. Queens In­junct. and execut. of justice. to be exercised by them: We distinguish spirituall power, into a power properly called spirituall; and into a power improperly or abusively called spirituall, Ther power properly called spirituall, is that spirituall power, which consisteth, and is conversant in preaching the Word; ad­ministring the Sacraments; ordaining and deposing Ministers, excom­municating or absolving; and if there bee any other spirituall power of the like property and nature. Now that this power properly called Power pro­perly called spirituall, was never in the Queenes person. spirituall, could have beene drawne from the person of our late Sove­raigne Lady the Queene unto Archbishops and Bishops, we deny. For the Queenes Royall person, being never capable of any part of this spirituall power, how could the same bee derived from her person unto them? Nemo potest plus juris in alium transferre, quam ipse ha­bet. Archiepiscopall and Episcopall power therefore, exercised in, and about these mysteries of our holy Religion, ordinarily and ne­cessarily [Page 21] must belong unto the Archbishop and Bishop by the canon of the holy Scriptures; otherwise they have no power (properly called Power im­properly called spiri­tuall, is in­deed but a temporall power. spirituall) touching these things at all. The power which improperly is called spirituall, is such a power, as respecteth not the exercise of any pastorall or ministeriall Church, to the internall begetting of faith, or reforming of manners in the soule of man; but is such a power, as wherby publike peace, equitie, and justice is preserved, and maintained in externall things, peculiarly appropried, and appertaining unto the persons, or affaires of the Church; which power indeed is pro­perly a temporall or civill power, and is to bee exercised onely by the authoritie of Temporall and Civill Magistrates. Now then to returne to the state of the point in Question touching this later power, improperly called spirituall, by what law, or by what au­thoritie the Archbishops and Bishops doe exercise this kinde of po­wer in the Church: I answer that they cannot have the same, from any forraigne Canon Law, because the same Law, with all the powers and dependences thereof is adnulled: And therefore that this their po­wer, must and ought to be derived unto them from Bb. where, From whence then is their power derived? Hereunto we answer, that (be­fore the making of that act) spirituall jurisdiction did apper­taine unto Bishops, and that Bishops were ordinaries, aswell by cu­stome of the Realme, canons, constitutions, and ordinances provincial and synodall, as by forraigne canon law. And that therefore these ca­nons, constitutions and ordinances provinciall or synodall, according to Bishops re­maine ordi­naries by custome, provinciall Canons, & statute law, though pa­pall Canon law be abo­lished. 25. h. 8. c, 20. 25. h 8. c [...]6. the true intent of that act, could not still have been used and executed as they were before, if the Bishops had not still remained ordinaries. Moreover it is cleare by two statutes, that the Archbishops and Bi­shops ought to be obeyed in all manner of things, according to the name, title, degree, and dignitie, that they shall be chosen, or presented unto, and that they may doe and execute, minister, use, and exercise all and every thing and things, touching or pertaining to the office or or­der of an Archbishop or Bishop, with all ensignes, tokens and ceremo­nies thereunto lawfully belonging, as any Archbishop or Bishop might at any time heretofore do, without offending of the prerogative royall of the Crown, and the laws and customes of this Realm. Let it be then that by custome, canons provinciall and statute law, Bishops be and do remaine ordinaries; yet aswell upon those words of the statute 25. H 8. without offending of the prerogative Royall, as upon the statute of 1. Eliz. cap. 1 there remaineth a scruple and ambiguitie, whe­ther it be not hurtfull, or derogatorie unto the Kings Prerogative Roy­all; that Ordinaries should use and exercise their ordinarie power [Page 22] (improperly called spirituall) without a commission under the great Seale, or that such their power should be as immoderate, and excessive now, as in times past it was by the Papall Canon law? Concerning the first, by the Statute of 1 Eliz. c. 1. and by the Statute of 8 Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie of Or­dinaries, The Queen was su­preme ordi­nary of or­dination. that is the chief supreme and soveraign Ordinary over all per­sons, in all causes, aswell Ecclesiasticall as Temporall. Where it seemeth to follow, that all the branches, and streams, aswell of that power which improperly is called spiritual, as of that power which properly is called temporall, should have beene derived originally unto the Bishop from her Highnesse person, as from the only head and fountain of all the same spirituall power within her Kingdomes, in such manner and form, and by such commission under the great Seal, as her H. temporall Officers, Justicers and Judges, had their authorities committed unto them. And to this opinion Master D. Bilson seemeth to accord. For all power Pag. 348. (saith he) is not only committed to the sword, which God hath autho­rised, but is wholly closed in the sword. Against the head, that it shall not be head, to rule and guide the feet, can be no prescription; by rea­son Gods Ordinance, for the head to governe the body, is a perpetuall and eternall law: and the usurpation of the members against it, is no prescription but a confusion, and the subversion of that order, which the Pag. 114. & 130. God of heaven hath immutably decreed and setled. Besides there rest­eth (saith the Remonstrance) unto the Bishops of this Realme, none other but subordinate, and delegate authoritie: and that the matter and heads wherein this jurisdiction is occupied, are by, and from the Chri­stian Magistrates authoritie: In whom, as supreme Governour, all ju­risdiction, within her Dominions, aswell Ecclesiasticall as Civill, by Gods and mans law is invested, and their authoritie Ecclesiasticall is but subordinate under God and the Prince, derived for the most part from the Prince. From which two Statutes and judgements of the go­rernours of the Church contained in these two bookes (for these two 1 Eliz. c. 1 & 8 Eliz. c. 1. books were seen and allowed by the Governours of the Church) I leave it to be considered, if the Bishop did exercise the same improper and a­busive spirituall power and jurisdiction Ecclesiasticall only and alonely, in their owne names, stiles and dignities, and under their own seales of office, and that also by authoritie of forraign and Papall laws; if (I say) the Bishop did these things, after this and this manner, I leave it then to be considered, whether their exercise of such power were derogatory and prejudiciall in a very high degree, to the prerogatives of the Roy­all Crown or not. For my part because I finde by the forraign Canon Law, that Papall Bishops bee the Popes sonnes, and are priviledged [Page 23] to carry the print and image of the Pope their father, namely, that they have plenitudinem potestatis within their Diocesses, as the Pope preten­deth Ex. de Ma­jor. & obe. to have power over the whole world: For quilibet ordinarius saith the same law in sua Dioecesi est major quolibet principe, and be­cause also (notwithstanding whatsoever the B b. have written, that M. Bilson pag. 330. they were the Queenes B b and had their authoritie derived unto them from the Queene) they did in her life time, put the same Pa­pall Law in execution, and by the same law did take upon them, pleni­tudinem potestatis, within their Diocesses: I for my part (I say) can not as yet otherwise conceive, but that exceedingly [...]hey did intrude themselves into the Royall preeminences, priviledges, and preroga­tives of the Queene. For by what other authoritie, than by a cer­taine The Bb. by a plenary▪ power devised and promulged new Ca­nons, with­out the Queenes assent. plenarie power, did they in their owne names, for the govern­ment of their severall Churches within their severall Diocesses, from time to time, make, promulge, and by vertue of mens corporall oathes put in execution, what new Canons, Injunctions, and Articles soever seemed good unto them, without any licence or confirmation from the Queene, first had and obtained thereunto? By which pretensed plenarie power, it seemeth that the statute made to bring the Cler­gie in submission to the King, was covertly deluded, and our late Sove­raigne Lady the Queene, cunningly bereaved of that regall authoritie, over every particular Diocesan, or Ordinarie, which notwithstanding, by the Parliament was given unto her Highnesse, over the whole body and state of the Clergie. For if once there bee no necessitie of the Kings licence, assent, or confirmation to such Articles, Canons, or Injunctions, as every Ordinarie shall make within his jurisdiction, then must it be intended, that the Statute of submission hath covertly permitted, severall members, severally to doe, and to execute those things which apparently, and in expresse terms, the whole convocation was commanded, and with the same, in verbo sacerdotii, had promi­sed, not to doe: then the which what can seeme more unreasonable and absurd? For then might all the Ordinaries joyne hand in hand, and agree all together in one, never in any of their convocations, assem­bled, by the Kings Writ, to devise, make, or promulge any Canons Ecclesiasticall at all. And what assent, licence, or confirmation from the King, could then be needfull? Or how then was the Clergie, brought in submission to the King? For then, should it not be with them, as it is in the proverbe; A threefold cord is not easily broken: but then should it be with them, contrary to the proverbe; for they being all fast knit and bound together unto the Kings authoritie, by a cord of twenty foure threads, might easily be broken; but being seve­red [Page 24] and pluckt assunder, into twenty foure parts, one from the other, the 24 Bishops, can make no law with out leave, And ye [...] e­very B. doth make many lawes King with all his regall power, might not be able so much as to break one of the least threads, wherewithall one of their cords was twisted. If the Lord Major, the Sheriffs, Aldermen, and whole communaltie of the Citie of London, should promise unto the King upon their fidelities, not to set any price upon Wines or other victuals, by their common Councell, within the said Citie, unlesse the King under his privie signet, should first authorize them so to doe, were it not a meere collusion of the Kings meaning, if every particular Alderman, should set prices of such things in every particular ward? But against the collection made from the Statutes, 1 & 8 Eliz. and the judgement of the divines a­foresaid, A collection made a­gainst the former rea­son by an Apologie for sundry proceed. by jurisdi. [...]. pag. 5. the author of an Apologie, to his understanding, reckoneth the same collection to be a very simple collection, and against the same, he answereth and reasoneth in effect thus.

If (as is collected) all power spirituall, by a commission under the great Seale must bee derived from the Queene, to warrant the execution of it unto him, that is, to exercise it; then must the like warrant bee procured, for every temporall office, to execute his temporall office.

But every temporall officer, must not procure like warrant to execute his temporall office.

Therefore a Commission under the great Seale, must not be procured to warrant the execution, of the said spirituall power.

The consequence of his major proposition being false, he laboureth notwithstanding to make the same good, and in effect for the same argueth thus:

All temporall authoritie, as absolutely and as really, is revested in the person of the Queene, as is the said spirituall authoritie.

Therefore as all spirituall Officers, for the execution of the said spiri­tuall power; must have their authoritie, derived unto them from the person of the Queene under the great Seale, so likewise must all tem­porall officers, for the execution of their temporall offices, have the like commission.

The consequence of which enthimeme followeth not, though the antecedent be true. For although as well all temporall, as all the said spirituall authoritie improperly so called, was really and absolutely in the person of the Queene; yet hereupon it followeth not, that by one and the selfe same meanes alone, and namely, by a commission under the great Seale, all temporall and the said spirituall power, in every part and branch thereof, should be drawne alike, from the Queenes person. For there be divers and sundry meanes, to derive temporall authority, wheras there seemeth to be but one only means to derive the said spiri­tuall [Page 25] authoritie, and then marke the substance of the authors argument.

Some temporall Officers, as Stewards of Leets, Constables, and sun­dry other Officers, must not draw their temporall authoritie from the Queene by a Commission under the great Seale.

Therefore no spirituall Officers, as Archbishops, Bishops, Archd [...]acons, and sede vacante, Deanes and Chapters must draw any of their spi­rituall authoritie from the Queen by a Commission, &c.

Which argument drawne from a particular affirmative, unto a ge­nerall negative, what weaknesse it hath, every young Logician can dis­cerne. And as for Stewards of Leets, though they have no Commissi­on Though all temporall officers draw not their pow­er from the King by the great seale yet by one meanes or other with­draw it from the King. under the great Seale, yet for the execution of their Stewardships they have a Commission under the Seale of the Exchequer, Constables, Decennary or Tythingmen, and Thirdboroughs, have their authorities derived unto them from the Kings person, by the very originall and in­stitution of their offices, Sheriffs of Countries, Coroners, Escheators, and Uerderors, have their offices and their authorities warranted unto them, by the Kings writs out of the Chancerie. But it was not the minde of the Law-makers (saith the Author) that the Ordinaries, by a commission under the great Seale, should draw their said spirituall power from the Queen. What the mindes of the Law-makers were, touching this point, it mattereth little or nothing at all. Neither is it to purpose, whether a commission under the great seale, be necessa­rily required, or not required by vertue of that statute, 1 Eliz. c. 1. to warrant the said spirituall power unto Ordinaries. Only it sufficeth, that the Queen having all power, improperly called spiritual, invested in her Royall person, and being really and actually seised of all the said su­preme spirituall authoritie, could not have any part of the same spiritu­all power drawne from her, but by some one lawfull and ordinarie meanes or other. For if this rule be true in every common person, quod meum est, sine mea voluntate à me auferri non potest; how much more doth the same rule hold, in the Royall prerogatives, rights, priviledges, dignities, and supremities of a King? wherfore to say that all supreme and ordinarie power (improperly called) spirituall, was re­ally and actually inherent in the Royall person of the Queen, and to say also, that some of the same inferiour, and ordinarie power, not derived from the Queen, was neverthelesse in the persons of inferiour ordina­ries, is as much to say, that some branches of a tree, may receive nou­rishment from elsewhere than from the root; that some members of the bodie, are not guided by the head; and that some streames, flow not from their fountaines. And now to conclude this part, against the Canon Law, and their Offices and functions thereof, I dispute thus:

The forraign and papall canon law, with all the accessories, dependances offices, and functions thereof, is utterly abolished out of the Realme:

Therefore the same law is no part of the lawes of the Realm; and there­fore also it is evident, that there will not follow any alteration of the Lawes of the Realme, by the taking of it away.

Which Canon Law also, with other lawes and functions, how ea­sily the same without any inconveniences, may bee supplied, shall (God willing) be presently made apparant, if first we shall answer to that challenge, which the state of Prelacie may seeme to make for the continuance of their Lordly primacie, out of the words of the great Challenge for Lordly primacy, out of the great Char­ter, answer­ed. Charter. Concerning which challenge, namely, that by the great Charter, Lordly Archiepiscopall, and Episcopall primacie or jurisdicti­on belonging to the state of Prelacie, is belonging unto them: I de­mand unto what Church this great Charter was granted? And whe­ther it were not granted unto the Church of God in England? The words of the Charter are these: Concessimus Deo, & h [...]c praesenti Mag. Char­ta. c. 1. Charta nostra confirmavimus, pro nobis & haeredibus nostris, in perpetu­um, quod Ecclesia Anglicana libera sit, & habeat omnia jura sua integra, & libertates suas illaesas. We have granted unto God, and by this our present writing have confirmed for us, and for our heires for ever, that the Church of England be free, and that she have all her rights, and li­berties whole and unhurt. Now by this Charter, if the same bee con­strued aright, there is provision made; first, that such honour and wor­ship be yeelded by the King and his subjects, his and their successors and posteritie unto God, as truly, and indeed belongeth unto him: Se­condly, that not only such rights and liberties, as the King and his pro­genitors, but also that such as God had endowed the Church of Eng­land with should inviolably be preserved. And in very deed, to speake truly and properly such rights and liberties only, are to be called, the rights and liberties of the Church of England, which God himselfe hath given by his Law unto his universall Church, and not which the Kings of England, by their Charter, have bequeathed to the particular Church of England. When therefore question is made that by the great Charter, the Kings of England are bound to maintaine the rights and liberties of the Church of England, wee are to en­quire and search what rights and liberties, God in his holy word, hath granted unto his universall Church; and so by consequence un­to the Church of England, one part of the Catholike Church. And this questionlesse was the cause, that moved the victorious Prince Henry the eight, so effectually and powerfully to bend himselfe against the Popes supremacie, usurped that time over the Church of England. [Page 27] For (saith the King) we will with hazard of our life, and losse of our Crowne, uphold and defend in our Realmes whatsoever wee shall know to be the will of God. The Church of God then in England, not being free, nay having her rights and liberties according to the great Charter, whole and unhurt, but being in bondage and servi­tude to the Sea of Rome, contrary to the Law of God; the King judged it to stand highly with his honour, and with his oath (accor­ding to the measure of knowledge, which then was given unto him) to reforme, redresse, and amend the abuses of the same Sea. If then it might please our gracious Soveraigne Lord King Iames, that now is (treading in the Godly steps of his renowned great Vncle) to vouchsafe an abolishment of all lordly primacie, executed by Archie­piscopall, and Episcopall authoritie, over the Ministers of Christ; His Highnesse in so doing, could no more rightly bee charged with the violation of the great Charter, than might King Henry the eight with the banishment of the Popes supremacie; or than our late Sove­raigne Ladie the Queene could be justly burthened with the breach of her oath, by the establishment of the Gospell. Nay if the Kings of England, by reason of their oath, had beene so straightly tyed to the words of the great Charter, that they might not in any sort, have dis­annulled any supposed rights, and liberties of the Church then used and confirmed by the great Charter, unto the Church that then was supposed, to be the Church of God in England; then belike King Henry the eighth, might be attainted to have gone against the great Charter, and against his oath, when by the overthrow of Abbies and Monaste­ries, he tooke away the rights and liberties of the Abbots and Priors. For by expresse words of the great Charter, Abbots and Priors, had as ample and as large a Patent, for their rights and liberties, as our Archbb. and Bishops can at this day challenge for their primacies. If then the rights and liberties of the one, as being against the law of God, be duly and lawfully taken away, notwithstanding any matter, clause or sen­tence, contained in the great Charter; the other have but little reason by colour of the great Charter, to stand upon their pantofles, and to contend for their painted sheathes. For this is a rule and maxime in all good lawes, that in omni juramento, semper excipitur authoritas majoris: unlesse then they bee able to justifie by the holy Scriptures that such rights and liberties, as they pretend for their spirituall primacie over the Ministers of Christ, to be granted unto them by the great Cha [...] ­ter, bee in deed and truth likewise confirmed unto them by the holy Law of God: I suppose the Kings Highnesse, as a successor to K. Henry the third, and as a most just inheritour to th [...] Crown of England, by the [Page 28] words of the great Charter, and by his oath (if once the same wer taken) to be bound utterly to abolish all Lordly primacie, as hitherto upheld and defended, partly by ignorance, and partly by an unreason­able and evill custome.

ASSERTION.

This collection dependeth upon his former Reason, and is bor­rowed to prove a necessarie continuance of Canon Law, and conclud­eth in effect thus:

The taking away of the reward and maintainance of Civilians, will be the overthrow of the use and studie of the civill law:

But the taking away of the Canon Law, the offices and functions there­of, and such things as are within the compasse of the same, will bee the taking away of the reward and maintainance of Civilians.

Therefore the taking away of the Canon Law, will be the overthrow of the use and studie of the Civill Law.

But we deny the assumption, and affirme that Civilians might have The main­tenance of Civilians, dependeth not upon the functi­ons of the Canon law. farre better reward and maintenance than now they have, if the offi­ces and functions of the Canon Law, and such things as are contained within the same, were simply and absolutely taken away. And fur­ther we say, if there were none other use, nor end of the studie of the Civill Law, than hope of reward, and maintenance by some office and function of the Canon Law, that then Civilians should in vaine seeke for knowledge in the Civill Law, because without the know­ledge thereof, and by the onely knowledge of such things, as are within the Compasse of the Canon Law, they might reape that re­ward and maintainance. Nay sithence by experience we have known that some, who never unclasped the institutions of Iustinian, out of the same to learne the definition of Civill Justice, have beene and yet are authorized, to exercise the offices and functions of the Canon Law; [Page 29] how should the studie of the civill law, be furthered by these offices and functions, when as without any knowledge of the civill law, these offices and functions have beene and yet are daily undertaken, and executed to the full? And what man then (if there were none other reward for Civilians) would ten or twelve yeares together, beat his braine, and trouble his wits, in the studie of the Civill Law, when every silly Canonist might bee able and learned enough, to sit in the Bishops throne, and to be judge in his Consistorie? Besides, if the Admonitor speake sooth, viz. that Civilians in this Realm, live not by the use of the civill Law, to what end then should he feare an overthrow of the studie thereof? For if there be no use of it in this Realme, for the maintenance of this life, to what use then should men studie the same in this Realme? As for the use of it a­mong strangers, and forraigne nations without the Realme; the same (as I suppose) is no greater than such as 3. or 4. Civilians may be able well enough, fully to deliver the law, touching all matters of controversie, that may grow to question during the whole space of a Kings raigne. If no man lived in this Realme, by the trade of brew­ing Beere, but that all Brewers did live by the trade of Brewing Ale, what should we need to feare the decay of [...]eere-brewers, or what use were there of them? in like sort, if men live only by the use, offi­ces and functions of the Canon Law, and that men live not (as he saith) by the use of the Civill law within the Realme, what folly were it to studie the one, whereas without the knowledge thereof, he might live by the other? And therefore it seemeth that the Admonitor by his owne weapon, as much as in him lay, hath given the whole studie of the Civill Law, a most desperate and deadly wound. And to the end we may understand what reward and maintenance, Civilians by the Offices and functions of the Canon, do receive yearly for their service and attendance, in the Bishops and Archdeacons their Courts; Wee will examine what fees Doctors of the civill law, being Chancellors, Commissaries or Officials, have usually, and ordinarily allowed unto them, by their Lords and Masters. Fees for probat of Testaments, gran­ting Fees for probat of testaments let to farm. of administrations, with their appendances, of late years in some places (whether in all or how many I know not) have beene demised unto farm for an annuall rent; out of which, either a small or no portion at all, have beene allowed unto the Chancellor or Officiall, for his ser­vice in this behalf. Whereupon (as I conjecture) it hath fallen out, ra­ther than that those Officers would worke, keepe Courts, and travaile for little or nought, ther have been exacted greater fees, for the dispatch of these things, than by law ought to have bin paid. Perquisits of courts [Page 30] arising upon suites, commenced betweene partie and partie, it must be a plentifull harvest, and there must be multi amici curiae, in a Bishops consistorie, if ordinarily (communibus annis) they amount in the whole to twenty pounds by the yeare: and yet these perquisits, belong not wholly to the Chancellor, but are to be devided between him and the Register. And touching fees for excommunication, and absolution, fees for institution and induction, licences to preach, licences for Curats and Readers. For testimoniall of subscription, or licences to marry without banes; fees for commutation of penance, and fees for relaxation of sequestrations: touching these manner of Fees, if the same be fees no Fees due for the exe­cution of the functi­ons of the canon law, dishonoura­ble for a Doctor of the civill Law. way warrantable, how are not then such fees every way dishonourable for a Doctor of the Civill law, to take, either of Ministers or people? There must be therefore some other hope of better reward and main­tenance, to incite and incourage schollars, to the studie of the civill law, than are these beggerly and unlawfull fees, depending upon the functions, and exacted by the Officers of the Canon law: or els the use of the civill law (as the Admonitor saith) must necessarily in short time be overthrown. For if Fees for probat of Testaments, and granting of administrations with their appendices, shall still be let to farme; and if also, many unlawfull fees were quite inhibited, there would re­maine (I trow) but a very poore pittance for Civilians out of the fun­ctions of the Canon law, to maintain their Doctoralities withall. But what better reward can there bee for Civilians, than hath already beene mentioned? If the Admonitor had not willingly put a hood Civilians in England live not on­ly by the functions of Canon law. wincke before his eyes, he might have seene that the Civilians live not wholly and altogether by the practice of the Canon Law; but partly also, and that most honourably by the use of the Civill law. If a Do­ctor of the Civill Law, be judge or Advocate, in the Court of Admi­raltie; if he be Judge or Advocate in the Prerogative Court, so farre as the same Court handleth only matters of Legacies, Testaments and Codicills, to what use can the Canon Law serve him, or what ad­vantage can the same Law bring him in? Beside to what use serveth the Canon Law unto a Doctor of the Civill Law, if he shall finde fa­vour in the Kings sight, and if it please the King to make him one of the Masters of his Requests, or one of the twelve Masters of his high Court of Chancery, or to be the Master of his Rolls; or to be his High­nesse Embassador unto forraigne Nations, or to be one of his Highnes most honourable privie Councel, or to be one of his principall Secre­taries. It followeth not therefore (as the Admonitor pretendeth) that either the Civilians in this Realme, live not by the use of the civill law but by the offices, and functions of the Canon law, and such things as, [Page 31] are within the compasse thereof; or that the hope of reward, and by that means, the whole studie of the Civill Law must be taken away, if once the Canon Law should be abolished. Neither would it bee any hard matter for the King (if the Civilians might find grace in his sight) to appoint Courts, Offices, and all manner of processe and proceedings in judgement for Doctors of the Civill Law, to heare and determine in the Kings name, all causes being now within the compasse of any Civill or Ecclesiasticall Law within this Realme. And although a little candle can give but a little light, and a small Spring can send forth but a small streame, yet because great fires are kindled sometimes by little sparkles, and small streames meeting together, may in time grow into great ri­ve [...]s; I shall desire the great Civilians with their floods and lamps of learning, to help forward such a law, as whereby the study of the Civill Law, may be upholden, the reward and maintenance of Civilians, without any function from the Canon Law, may be enlar­ged, many controversies, and disorders in the Church, may be pacified, and the Kings Prerogative Royall bee duely advanced. Which things if it might please them rightly to consider, then let them hum­bly and seriously beseech our Soveraigne Lord the King, and States in Parliament, to give their consents to such a Law, as the project ensu­ing, may warrant them, the same not to bee dangerous to the over­throw of their civill studies.

ASSERTION.

Indeed we hold, that all these matters wherof mention is here made, Matters of tythes and other causes of like na­ture pertain to civill ju­stice. and all others of the like nature, are merely civill and temporall, and by the temporall Magistrate alone, to be dealt in, and to bee discussed, if we consider the administration of externall and civil justice. And this we thinke will be granted of all, and not to be denyed of any unlesse they be too too popishly addicted. In regard whereof we have drawn (as before is mentioned) a project, how Courts and manner of pro­cesse and proceedings in judgement, by Doctors of the Civill Law may be appointed by the King, and his high Court of Parliament, with­out that, that the common Law of the Realme, by the occasion of a­ny such courts, offices, or manner of processe and proceedings, must receive any alteration at all, much lesse a very great alteration. Howbeit if it should not please the King, and that the Civilians could not finde favour in his sight, by courts, offices, and manner of processe and pro­ceedings in judgement before specified, or by the like to have the stu­die [Page 38] of the civill Law advanced; yet we thinke it convenient once a­gain How mat­ters of tyths &c. may be dealt in by [...]he Kings Iudges. to be examined how these matters may be dealt in, according to the rules and grounds of the Common Law, before the Kings Judges, and Justices of the Kings bench, and Common pleas.

By a Statute of 32. H. 8. c, 7. it is cleare, that all tyths, oblations, &c. and other Ecclesiasticall or Spirituall profits, by the lawes and statutes of the Realme, may be made temporall, as being admitted to be, abide and goe to, and in temporall hands, lay-uses and profits. From the rea­son of which statute it is cleare, that those lawes likewise, may be rec­koned amongst us for temporall lawes, which by the lawes and sta­tutes of the Realme, may be executed by temporall and lay persons, and which are conversant about temporal and lay causes. If then the execu­tion of the Lawes, touching these matters may lawfully remaine, and abide in the hands of Doctors of the Civill Law, being temporall and lay persons (as alreadie under the Bishops they doe;) it cannot be de­nied but that the Kings Judges, and Justices, of both benches, may bee as competible Judges, to put in execution the lawes concerning these matters, as Doctors of the Civill Law, or other lay men be. But the causes are not reputed and called temporall, and lay causes amongst us. What for that? if in their owne nature simply considered, these causes be merely lay and temporall causes, such causes (I meane) as whereof the King a lay, civill and temporall Magistrate, by his lay civill and tem­porall Magistracie derived unto him immediately from the holy law of God, may and ought to take cognizance, and thereupon, either in his owne Royall person, or by the person of any of his inferiour Offi­cers, may give absolute and peremptorie judgement: If (I say) these things be so, what booteth it, or what wisedome is it to contend, that these causes and matters, have been, and are still adjudged to be there­fore Ecclesiasticall, and no temporall causes, because through an abu­sive speech, or through a vaine and evill custome, they have beene so led and accompted in times past? And what if it hath pleased the Kings Progenitors, by sufferance to tolerate the executions of such Lawes, as concerne these things, to bee in the hands and power of Ecclesiasticall persons; yet hereupon it followeth not that in very deede and truth, the Magistracie of the said Ecclesiasticall persons, was an Ecclesiasticall Magistracie, or that they were Ecclesiasticall Ma­gistrates; but their Magistracie was, and remained still a tempo­rall magistracie, and they were and abode temporall Magistrates. For not more can the qualitie of the person, alter the nature of the cause, than can the qualitie of the cause, alter the nature of the person. And if it be true, that matters determinable (in times past) by a Magistra­cie [Page 39] abusively called Ecclesiasticall, be notwithstanding properly tem­porall matters, and that the same Magistracie also, be a temporall and no spirituall Magistracie, what a childish and poore conceit is it, to challenge and threp upon the temporall Magistrate, that he hath none, or very few temporall lawes, touching those matters, and that there­fore the people should not solicit an alteration of abuses in Church go­vernment, left for want of temporall lawes, the people should bee without Ecclesiasticall discipline? It will be no small matter (saith he) to apply these things to the temporall law; yea, and so say I to. But what of that? The question is not how hardly these things may be ap­plyed to the temporall law, but how small a matter it were to apply the temporall law unto these things. For it is not said in any law, that, casus ex juribus, but it is said in all lawes, that ex casibus jura nascuntur. The tem­porall law may easily be applyed to causes now reputed Ecclesiasti­call. And indeed the Phisition applyeth not the disease to his Phisick, but he prepareth his phificke for the disease. The husband-man he measu­reth not his ground by the seed, but his seed by the ground. The Dra­per, he meateth not his yard by the cloth, but his cloth by the yard. If in like manner the temporall lawes, and the grounds and rules there­of, were applyed to these matters of tythes, marriages, &c. whereof he speaketh, what more alteration could there bee of the temporall law by such an application, then there is an alteration of the plummet, by laying it to the stone, or than there is an alteration of the rule or yard, by laying them to the timber and cloth? Besides, he that right­ly and after an exact, and equall proportion, can apply one rule or ma­xime of the temporall law, to many more cases, than whereupon it hath beene usually in former times applyed, hee may rather bee reputed an additioner, than an alterer of the Law. But how may the temporall Law be applyed to those matters? how? even so, and so, as followeth. By the statute of 32. H. 8. c. 7. it is declared, that tythes, oblations, how tythes may bee re­covered in the Kings temporall Courts. &c. and other Ecclesiasticall or spirituall profits, &c. being lay mens hands to lay uses, be no more Ecclesiasticall, but temporall goods, and profits; and that if any person were diseased, deforced, wronged, or otherwise kept, or put from his lawfull inheritance, estate, seisin, &c. of, in, or to the same, by any person, claiming, or pretending to have in­terest, or title, in, or to the same, that then, in all and every such case, the person so disseised, deforced, or wrongfully kept from his right or possession, shall and may have his remedie in the Kings tempo [...]al Courts, as the case shall require, for the recoverie of such inheritance by writ originall, &c. to be devised and granted out of the Kings Court of Chancery, in like maner, &c. It is there likewise provided, that that Act shall not extend, nor be expounded, to give any remedie, cause of [Page 40] action or suite, in the Courts temporall, against any person, which shall refuse to set out his tythes, or which shall detaine, &c. his tythes and offerings. But that in all such cases, the partie, &c. having cause to de­mand, or have the same tythes, shall have his action for the same, in the Ecclesiasticall Courts, according to the ordinance, in the first part of that act mentioned, and none otherwise.

Now then sithence every person, whether he be lay or Ecclesiasti­call, having right to demand tythes and offerings, hath the partie from whom those tythes be due, bound and obliged unto him: and sithence also the partie not dividing, yeelding or paying his tythes, doth actu­ally and really detaine the same, and thereby doth unjustly wrong the partie to whom they be due: contrary to justice and the Kings lawes; sithence (I say) these things be so, what alteration or disadvantage could befall or ensue to the Common Law, or the Professors thereof; if so be it might please the King, with his Parliament, to have the last part of this Act so to be explained, extended, and enlarged, as that the same might give remedy in the Kings temporall Courts, by writ o­riginall, to be devised and granted out of the Chancerie, against any person detaining his tithes and offerings? the Hospitall of S. Leonards in Yorke, of the Kings foundation and Patronage, endowed of a thrave [...]ospital of S. Leonard 1, 2. h. 6. c, 2 of Corne, to bee taken yearely, of every plough earing, within the Counties of Yorke, Comberland, Westmerland and Lancaster, having no sufficient or convenable remedie at the Common Law, against such as with-held the same thraves, it was ordained by the King in Parlia­ment, that the Master of the said Hospital, and his successors, might have action by writ, or plaints of debt, or detaine at their pleasure, against all and every of them that detained the same thraves, for to recover the same thraves with their dammages. And by the Statute of 32. H. 8. c. 4. it is enacted, That the Parsons and Curates of five Pa­rish Churches, whereinto the Towne of Royson did extend it self, and every of them, and the successors of every of them, shall have their re­medie, by authoritie of that act, to sue, demand ask, and recover in the kings Court of Chancerie, the tythes of corn, hay, wooll, lamb, and calfe, subtracted or denyed to be paid by any person or persons. Againe, Vicars, Parsons, or improprietaries, do impleade any man, in the Ec­clesiasticall Court, for tythes of wood, being of the age of twenty years or above, for tyth-hay out of a medow, for the which time out of mind and memorie of man, there hath only some Meade-silver beene paid: or if a debate hang in a spirituall Court for the right of tythes, having his originall, from the right of Patronage, and the quantity of the same tythes, do passe the fourth part of the value of the benefice, a [Page 41] prohibition in all these, and sundry other cases doth lie, and the matters are to bee tried, and examined in the Kings Courts, according to the course of the Common Law, unlesse upon just cause there bee granted a consultation. And if in these cases, in maintenance of the Com­mon Law, the defendants have reliefe in the Kings Courts; I thinke it more meet to leave it to the consideration rather of common, than to the judgement of Canon Lawyers, to determine what alteration the Common Law could sustaine, in case if plaintiffes, as well as some de­fendants might pray the Kings aide, for the recoverie of tythes, e­specially seeing at this day, the manner of paying tythes in England, for the most part, is now limited by the common and statute lawes of the Realm, and not by any forraigne canon law. But there is some fact Object. happily so difficile, so secret, and so misticall, in these causes of tythes, as the same cannot, without a very great alteration of the Common law, Answer. be so much as opened before a lay judge, or, of the hidden knowledge whereof, the Kings temporall Judges are not capable. Why then let us What facts touching the uphold­ing of tyths are exami­nable in the Ecclesiasti­call courts. see of what nature that inextricable fact may be. I have perused many libels; made and exhibited, before the Ecclesiasticall Judges, yea and I have read them over and over, and yet for ground of complaint, did I never perceive any other materiall and principall kinde of fact, exami­nable in those Courts, but only such as follow.

First, that the partie agent, is either Rector, Vicar, Proprietarie, or Possessor, of such a Parish-Church, and of the Rectorie, Vicaridge, farme, possession, or dominion of the same, and by vertue thereof hath right unto all tythes, oblations, &c. apertaining to the same Church, and growing within the same parish, bounds, limits, or places tyth­able of the same.

Secondly, that his predecessors, Rectors, Vicars, &c. time out of mind and memorie of man, have quietly and peaceably, received, and had, all and singular tythes, oblations, &c. increasing, growing, and re­newing within the Parish, &c, and that they and he have beene, and are in peaceable possession, of having, and receiving tythes, obla­tions, &c.

Thirdly, that the partie defendant, hath had and received in such a yeer, &c. of so many sheepe, feeding and couching within the said Parish, &c. so many fleeces of wooll; and of so many Ewes, so many Lambes, &c.

Fourthly, that the defendant hath not set out, yeelded or paid, the tyth of the wooll, and lambe; and that every Tyth fleece of the said wool, by comm [...]n estimation, is worth so much, and that every tyth Lambe, by common estimation, is likewise worth so much, &c.

Fifthly, that the defendant, is subject to the jurisdiction of that Court, whereunto he is summoned.

Lastly, that the defendant doth hetherto deny, or delay to pay his tyths, notwithstanding he hath beene requested thereunto.

These and such like are the chiefe matters of fact, whereupon in the The Kings Iustices are as able to judge of ex­ceptions a­gainst tyths as the Ec­clesiasticall Iudges. Ecclesiasticall Courts, proofes by witnesses, or records rest to be made for the recoverie of tythes. And who knoweth not, but that these facts, upon proofes made, before the Kings Justices, may aswell bee decided by them, as by any of the Reverend Bishops or venerable Archdeacons, their Chancellors or Officials. If there be any excepti­on alleaged by the defendant, as of composition, prescription, or pri­viledge, the Kings Justices are as able to judge of the validitie, of these, as they are now able eo determine customes de modo decimandi, or of the use of high wayes, of making and repairing of Bridges, of Commons of pasture, pawnage, [...]estovers, or such like. Truth it is that of Legacies and bequests of goods, the reverend Bishops by suf­ferance Legacies how they may be re­covered at the com­mon law. of our Kings and consent of our people, have accustomably u­sed, to take cognizance, and to hold plea, in their spirituall Courts. Notwithstanding if the Legacie bee of lands, where lands be divi­sible by Testament, the judgement thereof hath beene alwayes used, and holden by the Kings writ, and never in any Ecclesiasticall Court. Wherefore if it shall please the King, to enlarge the authoritie of his Courts temporall, by commanding matters of legacies and be­quests of goods, aswell as of lands, to be heard, and determined in the same, it were not much to be feared, but that the kings Justices, the kings learned Counsell, and others learned in the Law of the Realm, without any alteration of the same law, would speedily finde meanes, to apply the grounds thereof, aswell to all cases of Legacies, and bequests of goods, as of lands. For if there be no goods divisible by will, but the same are grantable, and confirmable, by deed of gift, could not the kings Justices, aswell judge of the gift, and of the thing given by will, as of the grant, and of the thing granted by deed of gift? or can they not determine of a Legacie of goods, aswell as of a bequest of lands? If it should come in debate before them, whether the Testator, at that time of making his will, were of good and per­fect memorie, upon proofs and other circumstances to be opened, and made of the Testators memorie by lively testimonies, either the Ad­monitor must condemne the kings learned and discreet Justices to bee malae mentis & insanae memoriae, or els it must be confessed, that they be as well able to judge of the distraction of wits and unsoundnesse of [Page 43] memorie, in a person deceased, as they be to determine the question of Lunacie, madnesse, or idiocie, in a man living.

If any question should arise upon the revocation of a former will, of the ademption of a legacie, or of a legacie given upon condition, or in diem, it would be no hard matter, for the learned Judges, upon sight of the will, and proofes to be made, to define which is the first, and which is the last wil; whether the legacie remaine, or whether it be revoked, whether it be legatum per rerum or in diem, whether conditi­onal or without condition: And if it bee conditionall, whether the same be possible or impossible; honest, or dishonest; and if it bee in diem, whether the day be past, or to come. But there lyeth no action at the common law, for a legatorie against the executor to recover his legacie. I grant. But a creditor to recover his debt, due by the testa­tor upon specialtie, may bring an action at the common law, against the executor. And then what is the cause, that a creditor way reco­ver his debt, and that a legator cannot recover his legacie, in the kings Court, but only, for that remedie could not bee given unto legatories complaynants, by any writ out of the Chancery. And therefore that 21 Ed. 1. statute upon the writ of consultati­on. such plaintiffes, might not be deferred of their right, and remedie in such cases, to their great dammage, it hath pleased the kings, by suf­ferance, to tolerate the Church Officers to determine these cases. Wherfore if it might please the king, to cause writs to be made out of his Court of Chancerie, for the recovery of Legacies, it were cleare by the Common Law of the Realme (as from the statute may bee gathered) that the cognizance of these Cases, did not appertaine any more to the Spirituall Court. For then might the legatorie, by that writ, bring an action against the Executor, to obtaine his Legacie. But how should that action bee tryed? How? even as other actions of debt, detinue, or trover bee tryed, namely (as the case should require) either by the countrey, or by the Judges upon a moratur in lege.

As Testaments with their adherences, so likewise matters of Spou­sals, Mariages, divorces, &c. together with their accessories, by com­mon Matters of marriages, more meete to bee deci­ded by the Kings, than by the Bi­shops offi­cers. right, of the Imperiall Crowne, did in ancient times properly appertaine to the examinations, and sentences of the Emperours themselves, and to their Provostes, Deputies, and Presidents, of Ci­ties and Provinces, as by their severall titles, de Testamentis, Legatis, Fidei commissis, Nuptiis, repudiis, divortio, dote, &c. in the bookes of the civill law appeareth. By the Law of England also, the king hath the mariage of an heire being within age, and in his ward. Widowes also that hold of the King in chiefe, must not marie themselves without [Page 44] the Kings licence. And by an Act made 4. and 5. Phil. and Mary. there is a streight punishment provided against all such, as shall take away Maidens, that be inheritors, being within the age of sixteen years, or marry them without consent of their parents, and what reason let­teth them, that the King might not as well have the care and cogni­zance of all the contracts of mariage, especially of the mariage of all children and widowes, in his temporall Courts, as he hath of some par­ties, to be contracted of the Dower, of the joynture, of the disparag­ment, of the age, of the taking away, of the deflouring, and of mariage without parents consent in some cases? or what a very great alteration of the common law, could ensue, in case the Kings tempo­rall Justices, did examine and determine whether the contract were a perfect and simple, or conditionall contract yea, or no? For if up­on the statute made by Philip and Mary, that maidens and women, children of Noble men, and Gentlemen, &c. being heires apparent &c. and being left within age of sixteene yeares, should not marry a­gainst the will or unknowing, of, or to the father, or against, &c. If I say upon the publishing of this act, there hath no alteration of the com­mon law hitherto followed, it is but a meere superstitious errour, to feigne, that a change of the Common law must follow, if so be this sta­tute were extended, to all children, both Sonnes and Daughters, of what parentage, sexe, estate, or age soever. For if the King in his tem­porall Courts, had the definition of all, as well as of some contracts, made by children, without consent of parents, then should a multi­tude of lewd and ungodly contracts, made by flatterie, trifling gifts, faire and goodly promises, of many unthrifty, and light personages thereunto wonne, by intreaty of persons of lewd demeanour, be pro­nounced voide, and of no efficacie, yea, and on the other side, a num­ber of honest, lawfull, and godly contracts, should be confirmed, and Much a doe in the Ec­clesiasticall Courts, a­bout acci­pio, & acci­pi [...]m. remaine in their full strength, and force; which now upon certaine fri­volous and trifling quiddities, and nicities of words and sillables are pronounced in the Ecclesiasticall Courts, to bee no contracts. And in good earnest, is there now a dayes, any soundnesse of reason at all, to be heard amongst the Doctors and Proctors of those Courts, where they informe out of the Canon law in these cases? For doth not their whole dispute and information rest principally, whether the contract be made by words of the present, or of the future tence? whether it be made with an oath, or without an oath? yea, and do they not exceedingly besweat, and besmyre themselves, by turning and returning, by folding, and unfolding, their great and hydeous vo­lumes, for proofe, and reproof, of accipio, & accipiam? yea and some­times [Page 45] of letters and accents? If the young man and maide, having both of them their parents consent, shall answer only in the future tence; I will have thee, or I will take thee; or I am content to take thee, or I will have none other but thee, or if ever I marry I will mar­ry thee; and do not answer directly, I do take thee to mine husband, or I do take thee to my wife: oh! it is a world to see, and a wonder­ment to behold, what canvasing, heaving and shoving, what a stirre, quoyle, and garboile, the Canonists make, about the lifting and remo­ving of these fethers. And whatsoever the holy Scriptures have deter­mined of the necessitie of parents consent, or of what necessitie like­wise soever the Institu. de nup. S. 1. civill law, hold the consent of parents to bee, yet in the Ecclesiasticall courts, the papall canon law must needs take place, because by the same law, consent of Parents, is not de necessitate, but The canon law prefer­red by the reverend Bishops be­fore the law of God and the civill law. de honestate tantum, and because also matrimonia debent esse libera, & non pendere ex alieno arbitrio, Wherein the reverend Bishops, under their favourable patience) can not clearely excuse themselves, of much oversight, in so slender managing of a matter, of so great and high a consequence. The holy law of God, by publike authoritie, hath been commanded within this Realme, to bee sincerely and purely taught, received and embraced. The civill law, hath not had her free course, in this case hindered, by any law of the Realme. And how then com­meth it to passe, that the canon law, being in this point repugnant to both these Lawes, should notwithstanding be preferred, beare sway, and take place, in this Realme, before and above both these Laws, espe­cially Certain speciall points to be provi­ded about mariages. the same in this point, as being against the law of God, being utterly taken away. The abuses past, and mariages past, under colour and pretext of this law, may and ought to be bewailed, and repented of: yea and that no such mariages in time to come, may be made, I leave it to be considered, whether it might not tend to the advance­ment of the Law of God, be honourable for the King, and commodi­ous for the Common Weale, providently to provide, these things following: viz.

First, that no matrimonie secretly contracted, against the will, or unknowning of, or to the father, or him, or her, that hath the keeping, education, or government of the partie to be maried, before he or she come to a certaine age, should in any sort, be good or available to make the posteritie of those, who shall bee so maried, legitimate, or inheritable.

Secondly, that every contract of mariage concluded, with consent of parents, Tutor, Governour, or Gardian, should be forcible and effe­ctuall, to bind both parties irrevocably: whether the same contract [Page 46] with an intent to conclude a mariage) be made by wordes of the pre­sent, or future tence, it skilleth not.

Thirdly, that every man stealing away, contracting, and marrying a maide, under the age of certaine yeares, without consent of father, tutor, governour, or gardian, should be a felon, and for such his felo­nious act, suffer the paines of death. And lastly, that all licences to marry without banes asking, according to the intendment of the booke of Common prayer, bee forbidden, and unlawfull for ever. Which things if they might be observed, it is very likely, that mens in­heritances (as now many times they doe) should not hang in suspence, upon question of legitimation or illegitimation of their children to be allowed or disallowed by the commonlaw. There should not any such long and tedious suites and variances hereafter fall out, betweene the posterities and children of one man, for the right and interest of their Ancestors lands. Neither should Sir Thomas Lucie, nor Sir Ed­mond Complaint heretofore made upon stealing a­way and marying mens daughters, how they may cease. Ludlow, nor the Lady Norton, nor Master Cooke the Kings Attur­ney generall, nor many moe Knights, Esquires and Gentlemen, com­plaine and bewaile, the stealing away, and mariages of any their daugh­ters, Neeces, neer Kinswomen, or Wards. Neither could it bee possible, that one woman might procure foure or five severall licences for the mariage of foure or five severall husbands, all of them being alive toge­ther, and not one of them dead. Neither should there any licence of mariage be granted out of any Ecclesiasticall Court, to any man or wo­man with a blanck, whereby the partie licensed was enabled to have maried another mans wife, or his owne or his wives sister. Neither should any couples maried, and living together foure, six, or more yeers, as man and wife, upon a new and suddaine dislike or discontentment, and upon a surmised precontract, to be pretensedly proved by two sub­orned witnesses, be adjudged (by vertue of the canon law) to be no hus­band, and to be no wife. Neither should any man (being solemnly mari­ed to a wife, and afterward by reason of a precontract, solemnly divor­ced from the same his wife, and by censures of the Church compelled to marry her for whom sentence of precontract was adjudged) be re­authorised by the same Consistorie, about ten or twelve years after the divorce, to resummon, recall, and rechallenge his first wife: especially she having a testimoniall out of the same Consistorie, of her lawfull di­vorce, and being againe solemnly maried to an other husband. Where­fore to conclude these matters of tythes, testaments, and Mariages (if the King should not be pleased, to have the studie of the civill law ad­vanced by some such law, as whereof the former project maketh men­tion) I dispute for the enlarging of the common law, thus:

If it stand with reason, with the grounds and rules of the common law, and with the Kings Royall prerogative, that in cases of Tythes, Te­staments, and Mariages, the King, (if it may please him so to pro­vide by Parliament) may give remedie unto complaynants, by writs out of the Charcorie, and that complaints in such cases, may effectu­ally be redressed upon such writs, in the Kings Courts: And if also sundry matters of Tythes, Testaments, and Marriages, bee al­ready handled, in the Kings Courts: if these things (I say) be so and so may be; then with little reason, did the Admonitor warne us, that a very great alteration of the common law must follow, and that it will bee no small matter, to apply these things to the temporall law.

But the antecedent is true, as hath beene already shewed.

Therefore the consequent is true.

ASSERTION.

We are indeed of this judgement, that in regard of the Kings Roy­all Office, these judgements of adulterie and other criminall Causes comprised within this clause, &c. ought no more to be exem­pted, from the Kings temporall Courts, than matters of theft, murder, treason, and such like ought to be. And for the maintenance of our judgements, we affirme, that there is no crime, or offence of what nature or qualitie soever, respecting any commandement con­tained within either of the two tables, of the holy law of God, if the same be now corrigible by spirituall power, but that some fault and contempt, one, or other, of the like nature and qualitie, as comprised under the same commandement, hath beene evermore, and is now pu­nishable by the Kings Regall, and temporall jurisdiction.

For, adulterie, as the same is to be censured by penance in the Ec­clesiasticall Courts, so is ravishment also, buggerie and sodomie, to bee punished in the Kings Court, by paine of death. And, as hath beene accustomed, that Ordinaries by censures of the Church, may correct fornicators, so fornication also, (as in some bookes written of the com­mon [Page 48] law, is reported) hath beene in times passed, presented, and pu­nished in leets, and law-dayes, in divers parts of the Realme, by the name of Letherwhyte, which is, as the booke saith, an ancient Saxon terme. And the Lord of the Leet (where it hath beene presented) hath ever had a fine, for the same offence. By the statute of those, that be borne beyond the seas, it appeareth, that the King hath cog­nizance, 25. Ed 3. of some bastardy. And now in most cases of bastardie, if not in all, by the statute of Eliz. the reputed father, of a bastard borne, is lyable to be punished at the discretion of the justices of peace.

Touching perjurie, if a man lose his action, by a false verdict, in plea Perjurie if punishable, temporally in some ca­ses, why not in all. of land, he shall have an attaint, in the Kings Court, to punish the perjurie, and to reforme the falsitie. And by divers statutes it appeareth, that the Kings temporall Officers, may punish perjurie committed in the Kings temporall Courts. And though it be true, that such perjury as hath risen upon causes, reputed spirituall, have beene in times past, punished only by Ecclesiastical power and censures of the Church, yet hereupon it followeth not, that the perjurie it selfe, is a meere spi­rituall, and not a temporall crime or matter, or that the same might not to be civily punished.

By a statute of Westminster, 25. Edw. 3. it was accorded, that the Vsurie. King, and his heires shall have the cognizance of the usurers dead; and that the Ordinaries have cognizance of usurers on life, to make com­pulsion, by censures of the Church for sinne, and to make restitution of the usuries taken, against the lawes of holy Church. And by ano­ther statute, it is provided▪ that usuries shall not turne against any being [...]0. h. 3. [...]. 5. within age, after the time of the death of his Ancestor, untill his full age. But the usurie with the principall debt, which was before the death of his ancestor, did remaine, and turne a­gainst the heire. And because all usurie being forbidden by the law of God, is sinne, and detestable, it was enacted, that all usurie, lone, and forbearing of money, &c. giving dayes, &c. shall be punished, according to the forme of that Act. And that e­very such offender shall also bee punished, and corrected, according to the Ecclesiasticall lawes, before that time made against usurie. By all which statutes, it seemeth that the cognizance, and reformation of usurie, by the lawes of the Realme, pertaineth onely to the King, unlesse the King by his Law, permit the Church, to correct the same, by the censures of the Church, as a sin committed against the ho­ly law of God.

Touching heresies and schismes, albeit the Bishops, by their Epis­copall, and ordinarie spirituall power, grounded upon Canon law, [Page 49] or an evill custome, have used by definitive sentence pronounced in their Consistories, to condemn men for heretikes and schismatikes, and heresies & schismes are punishable by the kings laws. afterward being condemned, to deliver them to the secular power, to suffer the paines of death, as though the king being custos utriusque ta­bulae, had not power by his kingly office, to inquire of heresie, to con­demn an heretike, and to put him to death, unlesse he were first condem­ned, and delivered into his hands, by their spirituall power: although this hath been (I say) the use in England: yet by the statutes of Rich­ard the second, and Henry the fifth, it was lawfull for the Kings Jud­ges and Justices, to enquire of heresies and Lollards, in Leets, Sheriffs 25. h. 5. c. 14. turnes, and in Law dayes, and also in Sessions of the peace. Yea the King, by the common law of the Realme, revived by an act of Parlia­ment, which before the Statute of Henry the fourth, was altered, may pardon a man condemned for heresie, yea and if it should come to passe, that any heresies, or schismes should arise in the Church of Eng­land, the king by the Lawes of the Realme, and by his Supreme and 1 Eliz c. 1. Soveraigne power, with his parliament, may correct, redresse and re­forme, all such defaults and enormities. Yea further, the king and his 1 Eliz. c. 1. parliament, with consent of the Clergie, in their Convocation, hath power to determine what is heresie, and what is not heresie. If then it might please the king, to have it enacted by parliament, that they which opiniatively, and obstinately, hold, defend, and publish, any opinions, which according to an Act of Parliament already made, have beene, or may be ordered, or adjudged to bee heresies, should bee he­retikes If it please the King, heretikes may be ad­judged fe­lons, and heresies fe­lonies. and felons, and their heresies to be felonies, and that the same heretiks and felons, for the same their heresies and felonies, being ar­raigned, convicted, and adjudged by the course of the common law, as other felons are, should for the same their heresies and felonies, suffer the paines of death: there is no doubt, but the King, by ver­tue of his Soveraigne, and Regall Lawes, might powerfully e­nough, reforme heresies, without any such ceremoniall forme, pa­pall observance, or superstitious solemnitie, as by the order of the Canon Law, pretended to bee still in force, have beene ac­customed.

And as these offences before mentioned, bee punishable partly by temporall and partly by Ecclesiasticall authoritie, so drunkennesse, ab­sence from divine service and prayer, fighting, quarrelling, and braw­ling in Church and Churchyard; defamatorie words and libels; violent laying on o [...] hands upon a Clarke, &c. may not onely bee handled and punished in a court ecclesiasticall, but they may also be handled and pu­nished by the King, in his temporall courts. By all which it is evident [Page 50] that the Clergie hath had the correction of these crimes, rather by a The cogni­zance of all crimes as well as of some crimes [...] the law of God, be­long to the King. custome, and by sufferance of Princes, than for that they be meere spi­rituall, or that they had authoritie, by the immediate law of God. And if all these, as well as some of these crimes, by sufferance of Prin­ces, and by a custome may be handled and punished spiritually, then al­so if it please the King, may all these, as well as some of these crimes, without a custome be handled, and punished temporally.

For by custome, and sufferance only, some of these crimes be exem­pted from the cognizance of the King, and therefore by the immediate law of God, the cognizance as well of all, as of some o [...] these crimes, properly appertaineth unto the King. And then the judgement, of those men, who defend judgements of adulterie, slander, &c. to be more temporall, and by the temporall Magistrate, only to be dealt in, seemeth every way to be a sincere, and sound judg­ment. Howbeit, they doe not hereby intend, that the party offending, in any of these things, and by the Kings law punishable, should there­fore wholly bee exempted and freed from all censures of the Church. Nay we judge it most requisite, and necessarie for the bringing the No offen­der freed from the censures of the Church partie which offendeth, to repentance and amendment of life (if pre­sently upon sentence of death, he be not executed) that besides his tem­porall punishment, the censures of the Church according to the qua­litie of the offence, may be used, and executed against him: yea and we thinke, that the King, by the holy law of God, is bound by his regall power, to command the Church, duly and rightly to use the same censures, not only against every adulterer, defamer, usurer, &c. but al­so against every thiefe, every manslayer, every traitor, and every other offender: For not only sinnes, reputed with us Ecclesiasticall, but all sins, of what kind soever, ought to be repented of, and consequently a­gainst all sins, the Ecclesiasticall censures ought to bee used. And by whom should the same be exercised, but by the Church? Why then belike, where an offender is punished in the Kings Court, he shall a­gaine be punished in the Ecclesiasticall Court, and so for one offence, be twise punished, which were unreasonable.

To this we answer, that it is not against reason, that one man, for one fault should be punished both temporally and spiritually. First he con­sisteth For a man to be puni­shed [...]wi [...]e for one [...]ault [...]n two re [...]ect, is [...]. of two parts: viz. of a body, and of a soul, in both which parts he hath offended. Secondly, he hath offended, against two lawes, the law of God, and the law of the King. For the execution of which two lawes, there be two kinds of officers, of two severall natures, the king for the one law, and the officers of the Church for the other law; and both these kindes of officers, have power given them, immediate­ly [Page 51] from God, to execute; the one, Kingly and temporall; the other pastorall and spirituall power. And therefore we say, it standeth with great reason, that the soule causing the body to sinne, should no more escape that punishment which is appointed for the soule, by the law of God, than the bodie should escape that punishment which is appoin­ted for the body, by the law of the King: why then the officers of the Church, may meddle with matters appertaining to the Kings law, and what an indignitie to the King were that? To this we answer, that the officers of the Church in a several respect, and to a several end, dea­ling in one and the selfe same matter, wherein the king dealeth, may no more bee charged with dealing in matters appertaining to the Crowne, by the exercise of their spirituall sword, than can the King be charged, with medling in the same matters, to meddle with matters pertaining to the soule, by the exercise of his temporall sword. So that the spirituall power of the officers of our Saviour Christ, (which con­sisteth only in binding and loosing of the souls of men) can not possibly, by any reason or good intendment, be construed, now to be any more prejudiciall, to the Kings prerogative, or contrariant to the lawes of the Realme, than it hath beene heretofore: Because usurie, inconti­nency, and divers other crimes Ecclesiasticall have not beene punished only by Ecclesiasticall correction, but also by corporall paine. And ther­fore to take away this frivolous objection, we instantly pray, that the lawes of the Realme may still keepe their due and ordinarie course, and that the Kings Scepter may retaine, that ancient and Royall esti­mation, which belongeth unto it: and that it may be ordered, by an irrecoverable law as followeth.

Potestas & jurisdictio actionum quarumcunque civilium; punitio, & castigatio externa, omnium maleficiorum qu [...]rumcunque fa­mam, facultates, seu personas tangentium, non penes Pastores, & Seniores Ecclesiae; sed penes unum solumque Principem, & civilem Magistratum sunto, & quicunque iis non acquieve­runt, cap [...]tali poena puniunto.

Whereupon falleth to the ground, that cavillous and odious slander following in the Admonition: viz. that the lawes maintaining the Queenes Supremacie, in governing of the Church, and her preroga­tive in matters Ecclesiasticall, as well Elections as others, must be also abrogated. The contrary whereof being avouched throughout this whole assertion, it shall be needlesse to spend any time in the refu­tation of so grosse an untruth.

ASSERTION.

By a statute 15. R. 2. c. 6. because divers dammages and diseases oftentimes had hapned, and daily did happen to the parochians of divers places, by the appropriation of benefices, of the same places, it was agreed and assented, that in every licence, from thenceforth to bee made in the Chancerie of appropriation of any parish Church, it should be expresly contained and comprised, that the Diocesan of the place, upon the appropriation of such Churches, should ordaine ac­cording to the value of such Churches, a convenient summe of mo­ney, to be paid and distributed yearely of the fruits, and profits of the same Churches, by those that shall have the same Churches in proper use and by their successors, to the poore parochians of the same Chur­ches, in aid of their living and sustentation for ever; and also that the Vicar be well and sufficiently endowed. By which statute it appear­eth, that every impropriation ought to be made by licence out of the Chancerie, that it ought to be made to the use of Ecclesiasticall per­sons only, and not to the use of temporall persons or patrons. Now then all such parish Churches, as without licence of the king in his Chance­ry, have beene appropried to any Ecclesiasticall person; and againe all such parish Churches, as by licence of the King in his Chancerie, have beene appropried, to the use of lay persons, they are not to be accom­pted mens lawfull possessions and heritages. Besides this, as many im­propriations, as whereupon the Diocesan of the place, hath not ordai­ned, according to the value of such Churches, a convenient summe of money to be paid, and distributed yearly of the fruits of the same Chur­ches, &c. to the poore Parochians of the same Churches, in aid of their living and sustentation for ever; yea and every Church also appropried, as whereunto a perpetuall Vicar is not ordained, canonically to be in­stituted and inducted in the same, and which is not convenably endow­ed, to doe divine service, and to inform the people, and to keepe hos­pitalitie there, all and every such Church and Churches (I say) other­wise than thus appropried, by the law of the Realme (as it seemeth) are not mens lawfull possessions and inheritances: For by a Statute of king Henry the fourth, every Church after the fifteene yeare of [Page 53] king Richard the second, appropried by licence of the king against the forme of the said Statute of Rich. 2. if the same were not dulie refor­med, after the effect of the same statute, within a certaine time ap­pointed, then the same appropriation and licence thereof made, pre­sently (the parish Church of Hadenham, only excepted) was adjudged to be void, and utterly repealed and adnulled for ever. And therefore I leave it to the inquisition of our Soveraigne Lord the King, whether the impropriation of the parish Church of Belgrave in the Countie of Leic [...]ster, whereunto two Chappels are annexed, and other Chur­ches appropried to the Bishop of Liecester, since the statutes of Ri­chard the second, and Henry the fourth, bee the lawfull or unlawfull possession and heritage of the same Bishop, yea or no And if it bee lawfully appropried and so a lawfull possession and heritage, then I leave it againe to the inquisition of the King, what summe of money out of the fruits of the same Church ought yearely to bee distributed to the poore parochians, what the endowment of a Uicar canoni­cally to be instituted, and inducted, in the same Church should bee, what house is appointed for the same Vicar to keepe his hospitalitie in, and whether any Vicar for the space of these many yeares passed, hath beene canonically instituted and inducted in the same Church, to possesse that endowment, to inhabit that same house, and to inform that people. For if by the appropriation it self, or by the abuse there­of, the poore parochians have beene defrauded of their yearely distri­bution, or if no Vicars have beene Canonically instituted and inducted in the same, or if being inducted they have their endowments so small, or so covetously kept back from them, as that they cannot sufficiently maintaine themselves, much lesse keepe hospitalitie: then (as the Admonitor confesseth) there must needs be a lamentable abuse of im­propriations; and that therefore it is greatly to be wished, that by some good statute, it might be remedied.

And as those Churches which are unlawfully appropried, are not the lawfull possession and heritage, of the proprietaries, so on the o­ther side we affirme, that those impropriations, which were made and reformed, according to the statutes of Ric. 2. and Hen. 4. may well stand as mens lawfull possessions and heritages, even with those things which are required to be planted and brought into the Church, what­soever the Admonitor hath written to the contrary. For we doe not hold that maintenance, must only and necessarily be provided for every Minister, by the paiment of tyths, oblations and other ecclesiastical pro­fits, belonging to Churches appropried or disappropried. For there be­ing no direct proof to be made out of the law of God, that Ministers of [Page 54] the Gospell, must only live upon tythes; the King and parliament, may well and competently enough, appoint convenable endowments for every Minister, without disapproprying of any Church appropried. And therefore little cause had the Admonitor, to insinuate the ruine of impropriations, upon the bringing in the discipline of our Saviour Christ, because the same may be well planted, and yet to other not un­planted. But what need we to argue against his insinuation, consider­ [...]ng hee himselfe, before he came to the end of this page, by his owne idisclaime, contradicted his insinuation, For if the forme of finding Mi­nisters by tythes, must with the canon law (as he saith) be abolished, and if there must be some other order for this devised, because this may seeme papisticall and antichristian: what should any man feare the taking a­way of those lawes, whereby impropriations do stand? For if such as heretofore have spoken or written against them, because (as he insinuateth) the forme of finding Ministers by tythes, seemed to be unlawfully taken away, and as he would also insinuate by their judgement, ought a­gaine to bee restored, and not to stand any longer as mens law­full possessions, and heritages. How (I say) doth it follow that they which desire impropriations, to be restored to their pristinate state, should withall enquire, to have the finding of Ministers by Tythes, to bee abolished? It seemeth therefore, that the Admonitor, so hee might bee talking, passed but a little what hee talked. For what a double talke is here? or to what purpose was this talke? Was it because some men doe thinke, that the Ministers, ought not to re­ceive tythes, for their reliefe and paines in the Ministerie? Why then, let all men know, that we disclaime such some mens opinions. For we account all things, pertaining to this life, directly, or by conse­quence, not commanded, nor prohibited, by the holy and sacred Scri­ptures, to be things indifferent, and that therefore we may use them or not use them, as the commoditie or incommoditie of the Church shall require. And therefore as we doe not affirme, that the maintenance of the Ministers, must onely and necessarily bee levied out of tythes, oblations, and such like, so also wee doe not deny, but that the tenth part of the increase of all our goods, by the authoritie of the King, and his lawes, may be alloted for their possession and heritage: espe­cially in our countrey, the same manner of payment being so ancient, and so agreeable to the manners, usages and disposition of our state and people. Nay since the payment of tythes, for service accomplished in the spirituall Sanctuarie, is correspendent in the nature thereof, to the equitie of the Law of Moses, for the Levites attendance about the earthly Tabernacle; and since also wee bee bound by the commande­ment [Page 55] of the Apostle, to make him that teacheth us in the word, to be partaker of all our goods, I see not (so Jewish and popish ceremonie, and superstition be avoided) but that this duetie, may as Christianly be performed, by the payment of the tenth part of the increase of our corne, hay, wooll, lambe, &c. as by the eight, twelfth, twentieth, or any other part of our money and coine. By payment also of which tithes, the Ministers at every season, with every kinde of necessarie provision towards hospitalitie, might throughly be furnished, which many times they shall want, by reason of mens backwardnesse, when collections of monie are to be made. But to speake no more of this matter of tithes, we will return to the objection made against the A­postolicall government, drawn from taking away impropriations, And herein we will not handle, whether the lawes whereby impro­priations do stand, as mens lawfull possession and heritage must (as hee saith) bee taken away: but whether impropriations, now divided from the Ministerie, and dispersed into many severall mens hands, and imployed to many uses in the Common weal, may not in tract of time by some wholesome law, be reduced, either wholly, or in part, to be the only lawfull possessions and inheritances for the Ministers of the Gospell, yea and that without any prejudice or dammage unto Prince, or people.

It is evident in the eyes of all, that the Churches now appropried, doe stand and remaine as the lawfull possessions and inheritances, ei­ther of the King, or of the Nobles, or of the Knights, Equires, Gen­tlemen, and other temporall persons: or of Archbishops, Bishops, Arch­deacons, Deanes, Prebendaries, and other Ecclesiasticall persons, or of the Vniversities, of the Colledges in the Vniversities, of Collegiate and Cathedrall Churches, of Schools, Hospitals, Fraternities, and other bodies Politike, and Corporate. Wherefore to the end our meaning may the better be understood, and that we may proceed orderly, we thinke it good, to examine first, by how many severall wayes, some o [...] these impropriations may be wholly and thoroughly reduced: secondly, by how many severall meanes, other some in part, may be brought to the use of the Ministerie. To reduce some of them wholly may bee done by restitution. commutation, redemption, and contribution. And first Impropri­ations may be reduced to the mini­stery by 4 meanes. that I prejudice not the Lords spirituall, and Churchmen of their an­cient priviledges, from being placed in the first ranke, reason is, that, (they teaching the people not to possesse other mens goods wrong­fully) we speake first o [...] restitution to be made by them. In declaration whereof, we thinke it not fit, in this place to shew, to what end the state of the Clergie was first founded into a state of prelacie, by [Page 56] the King, Earles, Barons and other great men (because the same com­meth afterward to be handled more at large) but it shall suffice at this [...]arochiall Churches to what use they were founded. present, for the purpose whereof we now intreat, to let the reverend Bishops understand, that the small Parochiall Churches, were founded, and endowed with glebe lands, tythes, and other fruits by the Lords of Manors, to the end that the Lords Tenants within the same Manors, should be informed of the Law of God, and that hospitalities might be kept, and the poore of the same parishes be relieved. And besides, the reverend Bishops, we hope, will grant, that the great Cathe­drall, This may be proved by 15. R. 2. and 4. h. 4. c. 2. and is confessed by M, Bil­son in his perpet go­vernment, pag. 365. 366. and Collegiate Churches, were not founded by the Kings pro­genitors, Nobles, and great men of the Realme, to the end, that those great Churches, (as great Hawkes prey upon little foules) with their great steeples, should eat and devoure the little steeples, or that with their great Quiers, they should overthrow and justle downe the small pulpits. And therefore we most humbly pray aide from the king, for the casting of new claps to bee erected in the little pulpits, that hee would be pleased, to grant restitutiones in integrum, to all the little Churches, and that all impropriations, of all Parochiall Churches and benefices, now by spoliation, parcell of the revenues, of Archbishops, Bishops, Deanes, Archdeacons, Prebendaries, and other Ecclesiasti­call persons, restants within those great Churches, may bee wholly restored to their ancient and originall use, according to the mindes and intents of the first Donors, and Patrons of the same parochiall and little Churches. For if (as Master Bilson saith) it bee true, that the Lords of Villages, having erected Churches, and allotted out portions for divine service, either by Gods or mans law, by their la­ter grants could not have the former rights, unto their patronages o­verthrowne; and if the allowance given at the first, to the Minister of each Parish, by the Lord of the soyle, were matter enough in the judgement of Christs Church, to establish the rights of patrons, that they alone should present Clerkes, because they alone provided for them, if (I say) this be true, then have the Ministers of those Vil­lages, and of that soyle, just cause to require, at the Diocesans hands, a restitution of such allowances, as were first given and provided for them by the patrons: Especially the Diocesans by their owne act now enjoying, and converting the same allowances, to their own use. If it be answered, that this can not well and conveniently be brought to passe, because the same impropriations, by the Archbi­shops, Bishops, and other Ecclesiasticall persons, for diverse summes of money, are now lawfully demised to farme, for many yeares yet to come: hereunto we answer, that these leases should hinder nothing at [Page 57] all, the restitution of the right and interest in reversion, or remainder of those impropriations. Only if the impropriations have beene made according to the lawes of the Realm, and the leases duly granted) these leases for a time, may hinder the incumbent Ministers, from the pre­sent possession of the Tithes, Fruits, and glebe Land, belonging to the said impropriations. And yet may not the incumbent Ministers, bee hindered in the meane while, from receiving the rents reserved upon such Leases, and which by the same Leases, are now payable to the Archbishops, Bishops, and other Ecclesiasticall persons. Neither af­ter the determination of the same leases, should the incumbent Mini­sters, be any more letted, to enjoy and receive, the whole profits in right of their Churches, than other Ministers be now letted to enjoy theirs. If any shall say, that many of these impropriations, are annex­ed and appropried, as Prebends for the provision of some of the Pre­bendaries of the same great Churches, and that the same Prebenda­ries, in the right of their Prebends, bee the lawfull Rectors of the Churches appropried, and have curam animarum in the same Parishes; then we must instantly againe pray the King, that those Prebendaries, by some wholesome law may be constrained to reside, and to incumb upon their said Prebends, and Parochiall Churches, and that by conti­nuall preaching of wholesome doctrine, they may endeavour to cure the soules of the people, over whom, by the order of those great Chur­ches, they be set, and over whom they have taken charge. And withall that they may no more be suffered, to ly and to live idely in their Cloy­sters, in their caves, and in their dens, sometimes at Worcester, some­times at Hereford, sometimes a Gloucester, sometimes at Salisburie, sometimes at Westminster, sometimes at Southwell, sometimes at Windsore, sometimes at Pauls, sometimes at Oxford, and some­times at Cambridge. When in the meane while both seldome, and very slenderly, they feed other sheep, whose fleeces they take in, and about London, Winchester, Tukesbury, Reading, and other places of the Countrey. Besides wee pray that these prebends, after the de­termination of Leases now in being, may never any more bee let to farme, so that the fruits thereof may serve for those Prebendaries, or other succeeding Ministers, to make Hospitalities, Almes, and o­ther works of Charitie. If it be alledged that the king now having first fruits, Tenths, and Subsidies, out of the impropriations of those great Churches, as being all comprised, under a grosse summe of the Tenths payable for the whole revenues of the same Churches, should lose the first fruits, Tenths, and Subsidies, of the same impropriations, if hereafter they become either donative, or presentative; to this the an­swer [Page 58] is readily made, viz, that Tenths, first fruits, and subsidies, might as well be paid then as now. And that the King might then aswell have right to the donation of the benefice disappropried, as the Bishop now hath the gift of the prebend appropried.

In the next ranke cometh commutation to be spoken of. Wherein, because the impropriations of Parochiall Churches appertaining now to the King, Nobles, Commons, Colledges, Schooles, Bodies politike, &c. were at the first appropried only by the discretion of the Dioce­sans, Predecessors to the reverend Bishops that now are, unto Ab­bots, Priors, Nuns, Friars, &c. and because the successors of those Dioce­sans be bound in the same band of iniquitie with their predecessors, unlesse by all good meanes they labour that things may be brought to their first, and pristinate state, it seemeth equall and just, that this com­mutation should likewise proceed and be drawne from the Diocesans, and great Churches before specified.

The reasons whereof may be such as follow.

The Lands and possessions given by the Kings progenitors, the Earls, Barons and other great men of the Realme, to Bishoprickes, were not given (as Master Bilson affirmeth) to unburden the people Perpetuall power, pag. 367. 25 Ed. 3. statutes for provisours. Bishopricks founded to some sum­ptuous uses. of the support and charges of their Bishops, but they were given (as the Law of our Land teacheth us) first, to informe the people in the Law of God in those Churches; Secondly, to keepe Hospitalities, almes, and other workes of charitie; And thirdly, for the soules of the founders, their heires, and of all Christians. Now then, if some of these conditions be such as for the impietie thereof ought not to be perfor­med, and if other some also, being good and godly, be not performed, and so the things are to returne to their first nature, as in the same sta­tute is alledged; then is it reason, that the King and Nobles, who are the just inheritours and successors, to those who were first Donours, and founders of those Churches, should have as free a disposition, and donation of those lands and possessions now, as his, and their proge­nitors and ancesters ever had. And seeing it is mani [...]est, that the lands and possessions of Archbishops, Bishops, Deanes, and Chapters, doe not for the most part, now a dayes serve for those good uses, for the which they were first granted, namely, to informe the people in the Law of God, to keepe hospitalities, almes, and other workes of cha­ritie, but partly for the use of chaunting, and singing in the quires; and partly to vaine, idle, superfluous, and pompous uses, the king can not doe a better and more charitable deed, than to convert a parcell of the same lands and possessions (thus by defect of the conditions not performed, returning to their first nature) to and for the necessarie [Page 59] and perpetuall provision of learned, able, and preaching Ministers, to be planted in parochiall Churches, now destitute of sufficient pastors, for want of sufficient maintenance, nay sithence Archbishoprickes, Bishoprikes, and other prelacies, by the very expresse letter of the sta­tute; are said to be founded to superstitious uses: viz. for the soules of the founders, their heires, and of all [...]hristian, the same reason led King Henry the eight, his Nobles and Parliaments, to dissolve Abbeys and Monasteries, and the same reason also, which moved King Edward the sixth, with his Nobles, and Parliament, to dissolve Colledges, free Chappels, and Chauntries, the same reason, may be a suffici­ent reason, to perswade our Soveraigne Lord King IAMES that now is, with his Nobles and Parliament, to dissolve Archbi­shoprickes, Bishoprickes, Deanries, &c. First, to the end these Prela­cies and Dignities, may never in any succeeding ages, serve to any such superstitious uses, as whereunto they were first erected. Secondly, that the King having them all in his owne hands, and free disposition, may be the only founder and donor of so many new Bishoprickes as might please him to erect, and endow with such liberall, and convenable en­dowments, as might serve for learned Evangelicall Bishops to en­forme the people in the holy Evangell of Christ, to keepe hospitalities, almes, and to doe other workes of charitie, rather than to bee ex­pended, as now for a great part they are, upon the keeping of great horses, caroches, and troupes of serving idlers. The commutation then whereof we speake, and which wee most humbly commend, to the consideration of the King, is, viz. That parcell of the temporall Lands and possessions of Archbishops and Bishops, together with all the lands and possessions, serving to the maintenance of idle Mini­sters, and idle Songsters, in Cathedrall and Collegiate Churches (the Collegiate Churches of Eaton and Winchester, and the Cathedrall and Collegiate Churches in Oxford and Cambridge excepted) by an equall and reasonable proportion, may be made, with such impropriations, as belong to the King, the Nobles, Commons, Colledges, Hospitals, Schooles, &c. Provided as before hath beene said, that there may be a liberall and convenable endowment, for the learned Bishops or Pa­stors, to be continued and placed in all the chiefe and principall towns and cities of the Realm. And that the impropriations of Parochiall Churches may for ever, be livings for the Ministers of the same Chur­ches. And therefore in the just defence of the innocencie of all such as require a godly and religious re [...]ormation, we say, that they ought not, to have beene traduced before the king, as robbers and ransackers of the Church. And that some of the plotters for the Prelacie, more [Page 60] honestly might have imploied both their Latine and their labour, than lately they did. When by drawing Letters (as they pretended) congra­tulatorie to the King, only in the name of Preaching Ministers, they procured notwithstanding ignorant, and unpreaching Ministers to joyne in the action, and to affixe their hands and names. That such let­ters have beene made and signed, is sufficiently to be proved, but whe­ther they have beene presented to the Kings hands, is not yet knowne. Only if they shall hereafter come, then may they be knowne by these words: Nos Concionatores, &c, ab omni domestica capacitate eorum, qui praetextu religionis, ecclesiae insidiantur. My Lord the King is wise, 2 Sam. 14. 24. according to the wisedome of an Angell of God, to understand all things whereof he is informed.

The third means to reduce impropriations, unto the possession of Publike re­demption of impro­priations. the Ministerie is by way of publike redemption or purchase. For the ac­complishment whereof it is necessarie, that not only a common trea­sure be provided, but also that the price of improptiations, by a publike consent be valued, at a reasonable rate to make, which rate will bee a matter of small weight, whether they bee valued to bee bought and sold, at their old and ancient, or at their new and improved rents. To provide a common treasure, though to some it may seeme a matter in­tricate, and troublesome, yet seeing the same possibly and conve­niently may be done, there is no cause, that men should faint, before thy fight, or be at an end, before they begin. It is written that the cause when king Solomon raised the tribute, to wit, was to build the house of the Lord, his own house and Millo, and the wall of Ierusalem. After 1 Kin. 9. 15 that wicked Athaliah and her children, had broken up the house of God, and had bestowed all the things, that were dedicate for the house 2 Chr. 24. of the Lord, upon Balaam, King Ioash commanded the Priests and Le­vites, to go unto the Cities of Judah, to gather of all Jsrael money to repaire the house of God, from yeare to yeare, and they made a chest, and made Proclamation to bring the tax of Moses, and the Prin­ces rejoyced, and brought in, and cast into the chest. And when there was much silver, they emptied the chest, and carried it, to his place a­gaine, and thus day by day they gather silver in abundance. If then to­wards the building of an earthly house, the Princes and people of Ju­dah and Israel, willingly with joy of their hearts, from yeare to year, and from day to day, threw silver in abundance into the chest, how much more were it praise worthy, if Christian people, did encourage themselves, to pay a smal tribute towards the provision of a competent maintenance, for their spirituall pastours, by whose labours, as lively stones, they might be builded up into a spirituall temple in the Lord? [Page 61] That many and great taxes and tributes of late yeares have beene made for many uses, and to many purposes, there is no man ignorant there­of. And therefore though there be little reason, that the people standing already burdned, with great charge, should be againe recharged, espe­cially when without any extraordinarie burthen, there is an ordinarie meanes, (if the same were accordingly bestowed) by the people yeel­ded, to relieve the Ministers in all places, with a decent and comely portion; yet notwithstanding to be eased, from those publike payments, and annuall grievances, imposed by the Ecclesiasticall Courts, upon the people is not to be doubted, but the parishioners in all places would willingly pay any reasonable tax or tribute, to be demanded of them for this purpose.

An other meanes to raise this publike treasure, may be a dissolution The disso­lution of Chappels may bee a good mean to raise a tribute. of all free Chappels, and Chappels of ease in the Countrey, together with an union of two or moe Churches into one, especially in Cities and great townes. For as in these Cities and Townes, the poorest, and meanest livings bee provided, so generally for the most part, are they fitted, with the poorest, and meanest Curates, as by most lamentable experience is to be seene, in all the Episcopall Cities of the Realme, excepting London. Nay the chiefe and Metropolitane Citie of Canter­bury is not to be excepted. For in that Citie there being about 12, or 13, Parish Churches, there hath not beene ordinarilie of late yeares a­bove 3. or 4. able Preachers, placed in the same Churches.

The Chappels to be dissolved, and the Churches to be consoli­dated by two, and two into one, and one can be no fewer in number than one thousand at the least. All which if they might be sold, the money to be raised upon their sale, could bee no lesse than twentie thousand pounds, if they were sold only for twentie pounds a peece. But if they be well worth double or treble so much, then would the treasure also be double or treble. This dissolution of Chappels, and u­nion of Churches, is no new device, nor strange innovation: but hath beene heretofore thought upon, and in some part confirmed al­readie by our Kings in their Parliaments. Touching the dissolution of Dissolution of Chappels no new de­vice. Chappels, the most reverend Father Thomas Cranmer, Archbishop of Canterburie, with the residue of the Kings Commissioners, appointed for the reformation of Ecclesiasticall lawes alloweth of the same. And Titu. de ec­cles. gard. fol. 54. for the union of Churches, there was an act made 27. H. 8. so they ex­ceeded not the value o six pounds. And by a statute 1 Ed. 6. it was lawfull for the Mayor and Recorder of the Citie of Yorke, and the Ordinarie or his Deputie, and six Justices of the peace in the same Ci­tie, to unite and knit together, so many of the poor parishes of the same [Page 62] Cities and suburbes of the same, as to them should be thought conveni­ent, to be a living for one honest incumbent. And it was lawfull for the Lawfull for the Major of Yorke, &c. to unite Churches in the Citie of Yorke. said Major, Recorder, and Aldermen, to pull downe the Churches, which they should think superfluous in the said citie, and suburbes of the same, and to bestow the same, towards the reparation and enlarg­ment of other Churches, of the Bridges in the Citie, and to the relief of the poor people. The considerations which moved the King and Parlia­ment to ordaine this act, were these, viz. The former incompetency of honest livings, the former necessitie of taking very unlearned and ig­norant Curates not able to doe any part of their duties; the former re­plenishing of the Citie, with blinde guides and Pastors; the former What rea­sons moved K Ed. 6. to unite Chur­ches in York may move king Iames to u­nite Chur­ches in Canterbury &c. keeping of the people, aswell in ignorance of their duties to God, as al­so towards the King and Common weal; and lastly the former danger of the soules of the Citizens. If then in these dayes it might please the King to apply like plaisters, to the like sores, to provide remedies for the like mischiefs, and for the like diseases, to minister like medicines, it would come to passe no doubt, in few years, that the lame and the blind and the broken, with a number o [...] unhallowed and unclean beasts, should be swept, and cast forth of all the Parochiall Churches, within Canter­burie, Winchester, Chichester, Lichfield, Oxford, and other great Cities of the Realme. For these Chappels, and smaller Churches, being the very Seminaries, of all hirelings, and idle Shepheards, a Benefice can no sooner become void, but the poore and hungry Chaplaines, w [...]a­rie Chappe [...]s, the se [...]ina­ries of hire­l [...]ngs. of their thin dyet, and long leaping after a beane, presently trudge to the Patron, offering, or accepting any conditions to bee presented by him. And not only should the Church by this meanes, bee rid of these vermine, but also the learned and Preaching Minister, without further aide or contribution, in those places, might have more liberall maintenance, than erst they have had. For then should they be no more constrained, to deduct out of their livings, by reason o Chappels yet standing, and as it were annexed to their parish Chur­ches, some 10 pound, some 20. pound, some 30. pound by the yeare, for the wages o these hirelings, besides this a singular and apparant benefit, could not but redound to the Common weale, by the dissolu­tion By the dis­solution of Chappels many suits in law should be a­voided. of these Chappels, when as many, long, tedious, and change­able and uncharitable suites, heretofore had and commenced, should hereafter be extinguished, betweene the parochians of the mother Churches and the inhabitants of Hamblets, for and concerning the repaire, and reedifying of the said Churches, and Chappels, and for other rights, and duties challenged to belong from one unto the other.

A third meanes to leavie a treasure, for the redemption of impro­priations, may be a sequestration of the fruits of the Churches of non Sequest ra­tion of the fruits of the Churches of pluralists may further the treasure for the re­demption of impro­priations. Residents, and commendames, with the fruits of the Churches of the pluralists, and perinde valeres, from the which same the plu­risied persons are to depart, the said sequestration no longer to endure, than some able Ministers may be provided and placed in the same Churches.

A fourth meane to raise this treasure, if it please the king, and that the Church have found favour in his sight, may be the money due un­to the King upon such penall Lawes, as for the benefit of the Com­mon weale, are necessarily to be put in execution, and especially upon the law of provision and premunire, not pardoned by the Queene. And albeit happily the King, upon a most worthy and Christian zeale, be well pleased hereafter not to urge upon the popish recusants, the payment of their forfeitures, for absence from divine service, yet be­cause they be able and do daily contribute to seminaries abroad, and be favourers and abetters of popish Priests and Jesuites, lurking at home, the most treasonable and dangerous enemies, that can be to the Kings Person and State, in consideration hereof (I say) if it may please the King, it seemeth not unreasonable (the law standing still in force, and unrepealed) that the popish recusants be urged to the payment of such summes of money, as are already forfeited; the same by the comman­dement, and free gift of the King to bee imployed upon the redempti­on of such impropriations, as are within the parishes of their abodes. To the end that learned, and preaching Ministers, being placed in the same, they; their wives, children, servants, tenants, and depen­dants, by the powerfull preaching of the word, might be converted unto the Gospell.

It followeth now in order, that wee speake of contribution, the By what contributi­on impro­priations may bee brought to the use of the [...]in [...] ­stery. fourth meanes whereby some impropriations may be reduced wholly to the use of the Ministerie. Wherein there can not any certaine rule, or direction be prescribed: because it must proceed onely from those, whose hearts God shall touch, stirre up, and encourage, willingly to bring a free offering, unto the Lord, for the building up of his spiritual house. For of every one (saith the Lord) whose heart offereth it free­ly, ye shall take an offering for mee. And every one whose heart en­couraged Exod, 25. 2. him, and whose Spirit made him willing, and men, and women, as many as were free-hearted, came and brought, taches, and Exod. 35. earings, and rings, and bracelets, all were jewells of gold, and blew silke, and purple, and s [...]arlet, and fine linnen, and Goates haire, and Rammes skinnes, and Badgers skins, and silver, and brasse, and Shittim [Page 64] wood, and Onix stones, and Spice, and Oyle: Every man, and woman, (I say) whose hearts moved them willingly to bring for all the work, Exod. 36. 5. which the Lord had commanded, brought a free offering, yea and the people brought too much, and more than enough, for the use of 2 King. 8. the worke of the Lord. King Sa [...]omon having all the Elders, the heads, the chiefe Fathers, and all the men of Israel, and the Priests and Levites, to bring up the Arke and Tabernacle of the Lord, offering Beeves, and Sheepe which could not bee numbred for multitude. Yea and af­ter these offerings were made, and after the King had prayed, that their heart might be perfect with the Lord their God, to walke in his statutes, and to keepe his commandements, as at that day; the king a­gaine offered a sacrifice of two and twenty thousand beeves, one hun­dred and twenty thousand sheepe, and so was the house dedicated. After the returne of the people out of captivitie, certaine of the chiefe Fathers, when they came to the house of the Lord, which was in [...]erus [...]lem, they gave after their abilitie, unto the treasure of the worke, evenone, and three score thousand drammes of gold, and five thousand peeces of silver, and an hundred priests garments: they gave [...]. 2. 68. &c. money also to the Masons, and to the workemen, and meate, and drinke, and oyle. Yea at the exhortation of Nehemiah, the Priests, the great men, the people, and the women, that they might bee no [...]he 2 &c. more a reproach, set their mindes to the building of the walls, and at their owne charges, builded some one gate, some another; some one doore, some another; some one tower, some another: some one por­tion o [...] the Wall, some another. Wherefore, seeing wee have not an Ester to succeed our Deborah, but a Salomon rather to succeed a David; yea such a Salomon, as whose heart the Lord hath filled with an excel­lent spirit of wisedome, of understanding and of knowledge, to find out, and to dissolve hard and curious parables, and hath put in his heart to teach and to guide others; we rest perswaded in our hearts, that the King for his part, treading in the steps of the godly Kings, Princes, and Governours of Judah, will goe in, and out, before his peo­ple, as they did before theirs. And that he will rather not eat of the Nehe 5. bread, nor drinke of the wine, of the governours that were before him, than that he will not remit the provisions, the seasements, the fynes, the impositions, and the amerciaments, that have beene exacted. Yea also that he will feed from his owne table, an hundred and fiftie Pro­phets, and prepare for them oxen, and sheepe, and birdes, and wine in 2 Chro. 11. all abundance, because they are come unto him, from among the pre­latists that were about them, because their bondage hath been grie­vous unto them Yea further also, we are perswaded, that he will make [Page 65] out of his Lap every servant of his, that shall beare rule over his peo­ple. And thus much of the meanes whereby some impropriations, may wholly be reduced to the use of the Ministerie. It followeth to shew by what meanes other impropriations, may bee converted in part, to the maintainance of Ministers to be planted in parochiall Churches, now destitute of able Pastours, in case the same impropriations by none of the former meanes, can bee reduced wholly to their first and ancient institution. Wherein these two things come principally to be considered.

First, whether it were not convenient, by some wholesome law; to how impro­priation [...] may be in part, redu­ced to the Ministerie▪ have it ordained, that the Heads, Governours, Rulers, and Masters of the Vniversities, Colledges, Cities, Townes, Hospitals, free Schooles, and other bodies politike and corporate, should not from henceforth demise or set to farme their, or any of their impropriations, or any of their glebe Land, Tythes, or other fruits belonging to the same, untill such time as all leases heretofore made, bee fully ended, or otherwise determined.

Secondly, whether it were not convenient to have it enacted, by the same law, that all and every impropried Church and Churches, with their glebes, tythes and other fruits, after the determination of the leases now in being, should bee demised and set to farme, onely to the incumbent Ministers of the same Churches, for terme of their naturall lives, if so long they did continue resiant, and faithfully preach in the same Churches, the doctrine of the Gospell, according to the ar­ticles of Religion, concerning Faith and Sacraments; by publike authoritie, now established in the Church of England. And because by likelihood the Vicars will not be able to pay fynes or incomes unto the Colledges, Hospitals, and other places, and because also it seemeth reasonable, that the Colledges, Hospitalls, and other places, by some other meanes, should be recompenced, wee leave it againe to be considered, whether it were not convenient that the Vicars, in consideration of non payment of fynes, should yeeld in money, corn, or other provision, to the double or treble value, of the ancient and unimproved rents. For men experienced in these affaires of this life, know that the profits arising out of Churches appropried unto the farmours thereof, are commonly six, eight, or ten times more worth by just estimation, than are the old rents, payable unto Col­ledges, Hospitalls, and other like places. And thus wee see how to­gether with the bringing in of these things, which are required to bee planted in the Church, impropriations may stand, as mens lawfull pos­sessions, and heritages, or otherwise how without damage or hurt to [Page 66] the King or Realme, they may be converted to the use and provision of the Ministers, whatsoever hath beene insinuated by the Admonitor to the contrary. And yet doe I not in any of these things, or of any o­ther thing, first or last, spoken, or to be spoken, desire mine owne ad­vice and judgement so to be respected, as though I should arrogate unto my selfe more knowledge than all others, which labour in the cause of reformation: but onely I submit these my private meditati­ons with their reasons, to the censures of all wise, godly, and lear­ned men. Humbly praying them so to bestirre their owne wits, and so to bestow their owne cunning, and learning, that a better and more easier way, by their ingenuousnesse, may be found out, and pro­cured to take place. And in the meane season, that these motions ten­dered to their views, may not altogether be neglected, but duely wey­ed, and considered. Especially for that I have not tendered any other thing to be performed, by any of these meanes, unto any other, than such as whereunto I my selfe to my power, yea and beyond my power as far as in me lyeth, shall be ready to yeeld.

And howsoever the Bishops and other great Clergie Masters, with their stately favourites, may pretend some part of this device, to bee an hinderance of learning, and other some part not to be for the Kings profit; yet to the first we answer briefly, that learning is not so much furthered by a few great rewards, provided for a few great learned men, as it is by many good rewards, appointed for many good lear­ned men, as hereafter more at large, in a more convenient place is de­clared. Touching the Kings profit, we affirme, that it is not only most profitable, but also most honourable for the King, to have a multitude of loyall, vertuous, and godly subjects. And that such manner of sub­jects, can by no meanes better bee procured, than by a continuall preaching Ministerie of the Word, to be planted in every parish, of the Kings Realmes. And because no man better knoweth the recy­procall duties, betweene a Christian King, and Christian Councel­lers, we leave the discerning of the spirits of these profit preachers to the tryall and judgement of the most Christian King; whom if hee shall finde, either by flatterie, to fawne upon the Kings profit, or by labouring to keepe the King in a good opinion of things amisse, wee most humbly beseech the King to accept them, and reward them for such, as could wish in their hearts, the king should rather bee impove­rished by having many bad, and unprofitable subjects, than that them­selves would not be inriched, by enjoying many good and profita­ble impropriations. As for the Lawes whereby patronages do stand, as mens lawfull possessions, and inheritances, which (as the Admoni­tor [Page 67] saith) must also be taken away, how the same lawes may still en­dure, or by consent of patrons, bee altered without their dammage (if God permit) when we come to speak, of the clections of Ministers, wherein the reformers are charged with the burling, and thrusting out of Patrons, shall be declared.

ASSERTION.

Not to stand upon termes with the Admonitor, that the lawes u­sually called the common lawes of the land, being meere customarie lawes, did never yet stand by the authoritie of the three estates. I will The bring­ing in of the discipline by pastours and elders is not the leaving out of parlia­ment any one of the three estates take his meaning to bee, that the statute lawes of England, to this day have stood by authoritie of the three estates, which to alter now by leaving out the one, &c. and then hereunto, I answer, that not any one of the three estates should be left out, or barred, from having authoritie in making and promulging statute lawes, though the go­vernment of the Church, by Pastors and Elders were brought in. For we which so much cry (as he saith) for this manner of government, to be planted, are so farre from exempting, or excluding any one of the three estates, from their ancient power, priviledge, and preemi­nence, in the making of statute lawes, as that wee pronounce him to be guilty of high treason, to the King and to the Realme, that avow­eth the contrary. And we affirme directly, and confesse plainly, that it belongeth only, wholly and altogether, to the three estates, as well to roote out, and to pull up, whatsoever government, is not justifiable, by the holy law of God: as also to plant and to settle, whatsoever discipline is warrantable by the same law. And to speak as the thing is, how were it possible to have the discipline by Pastors and Elders plan­ted by authoritie of the three estates, if one of the three estates should be left out? or can it be imagined, that any one of the three estates, would ever consent, to the bringing in of such a government of the Church, as whereby (the same governement being once brought in) the same estate, should ever after wards cease, to be any more an estate? [Page 68] Besides we acknowledge that all powers are of God, and therefore e­very one of the three estetes, being a power; we grant that the same hath his stateship, by the authoritie of God. And if all the three estates be lawfull by the holy law of God; how can it bee verified against us, that we, which urge the same holy law, for the bringing in of the di­scipline by pastors and elders, should notwithstanding contrary to the same law, intend the leaving out, or altering any one of the three e­states? But which of the three estates was it that he meant, should bee left out? I trow there is none of the state of prelacie, so ill advised, as to take upon him the proof of this position: viz. That the Lords spiritual The state of the prelacie is not one of the three estates in parliament. by themselves alone, doe make one of the three estates, or that the sta­tutes of England, to this day have stood by their authorities, as by the authoritie of those, who alone by themselvs are to be accompted, one of the three estates. For if that were so, how much more then, might the great Peeres, Nobles, and temporall Lords, challenge to make by themselvs an other estate? And without contradiction, to this day the commons summoned by the kings writ, have ever been reckoned a third estate. Now then if statutes have hitherto stood, by authoritie of the Lords spirituall, as of the first estate, by the authoritie of the Lords temporall, as of the second estate, and by authoritie of the commons, as of the third estate, I would gladly be resolved, what accompt the Ad­monitor made of the Kings estate. It had not beene liegnes, nor loyal­tie (I am sure) howsoever hee spake much of the Lords spiritualls du­tie and fidelitie in the execution of our late Queenes lawes, to have set her Royall person, authoritie and state, behind the lobbie, at the Par­liament doore, Either the kings Royall person then, as not comprised within the compasse, and circumcription of the three estates, by his meaning (which had beene but a very bad meaning) must be thought to have beene hitherto secluded, from authorizing the statute lawes, made in Parliament. Or els it is a most cleare case, that the Lords spiri­tuall themselves alone, do not make any one of the three estates. And what matter then of more weight, may it happily seeme to be, to alter the authoritie of the Lords spirituall, and to leave them out of the Par­liament, when as notwithstanding, they being left out, the statutes of England, may remaine and continue, by authoritie of the three estates? And it were not amisse for the Lords spirituall, to consider, that the bo­die and state of the weale publike, both now is and ever hath beene, a perfect, entire and complete bodie, and State, without the bodie and state of Prelacie: and that the King, and Nobles, and Commons of the Realme, without Prelates, Bishops or Clerkes, doe make up all the members and parts of the bodie, and of the state; and may therefore [Page 69] ordaine, promulg and execute, all manner of lawes, without any con­sent, Anno 36. h. 8. fo. 51. h & Anno m. j. fo. 93. [...]. approbation or authoritie yeelded unto the same, by the Bishops spirituall, or any of the Clergie. And thus much our Divines, Histo­ries, and Lawes do justifie. Sir Iames Dier, Lord chiefe Justice of the Common pleas in his reports, telleth us that the state and bodie of a Parliament in England, consisteth first of the King, as of the head and chiefe part of the bodie; secondly of the Lords, as princi­pall members; and lastly of the Commons as inferiour members of that bodie.

By a statute of provisoes, it appeareth, That the holy Church of 25. Ed. 3. holy church founded in the state of prelacie by the King. England, was founded into the state of prelacie within the Realm of England, by the grand father of King Edward the third, and his pro­genitors, and the Earles, Barons, and other Nobles of the Realme, and their Ancestors, for them to informe the people of the law of God, and to make hospitalities, and almes, and other workes of charitie, in These uses are changed to the keep­ing of great horses, great troopes of idlers wi [...]h long haire, and great chaines of gold. 6 Eliz. c. 1. The King bound to do lawes made without as­sent of pre­lates to bee kept as lawes of the realmes. the places where the Churches were founded. From whence it fol­loweth: First that the Archbishops and Bishops only and alone, doe not make of themselves any state of prelacie, but that the whole ho­ly Church of England, was founded into a state of Prelacie: Second­ly it is plaine, that the Kings of England, before they and the Earles, Barons, and other Nobles, and great men had founded the holy Church of England, into a state of Prelacie, ought and were bounden, by the accord of their people, in their Parliaments, to reforme and correct whatsoever was offencive, to the lawes, and rights of the crowne, and to make remedie, and law in avoiding the mischiefes, dammages, oppressions and grievances of their people, yea and that the Kings were bound by their oathes, to doe the same lawes so made, to bee kept as lawes of the Realm, though that thorough sufferance, and neg­ligence, any thing should at any time be attempted to the contrary. For whereas before the statute of Caerlile, the Bishop of Rome, had usur­ped the Seignories, of such possessions and benefices, as whereof the Kings of the Realme, Earles, Barons, and other Nobles, as Lords and Avowes ought to have the custodie, presentments and collations. King Edward the first, by assent of the Earles, Barons, and other No­bles, and of all the communaltie, at their instances and requests, und without mention of any assent of the state of prelacie, in the said Par­liament holden at Caerlile, ordained that the oppressions, grievances, and dammage sustained by the Bishop of Romes usurpation, should not from thenceforth, be suffered in any manner. And forasmuch as the grievances and mischiefes mentioned in the said Act of Caerlile, did afterward in the time of King Edward the third, daily abound to [Page 70] greater dammage and destruction of the Realm, more than ever before, and that by procurement of Clerks, and purchasers of grace from Rome 31 Ed. 5 sta. of [...]e­ring. the said King Edward the third, by assent, and accord, of all the great men, and commons of this Realme, and without mention of any assent of Prelates, or Lords spirituall, having regard of the said Act of Caerlile, and to the causes conteyned in the same to the honour of God and profit of the Church of England, and of all this Realme, ordained and established, that the free elections of Archbishops, Bishops, and all other dignities, and benefices, elective in England, should hould from thenceforth, in the manner as they were granted by the Kings progenitors, and founded by the ancestors of other Lords. And in divers other statutes made by King Edward the third, it is said, that our soveraigne Lord the King by the assent of the great men, and all the Commons hath ordained remedie &c. That it was accor­ded by our Soveraigne Lord the King, the great men, and all the commons, 36 Ed. 3. c. 6 8 Ed. 3. 3. statute of provisours. that the King chiefly desiring to sustaine the people in tran­quillitie and peace, and to governe according to the lawes, usages, and franchises of his land, by the assent and expresse will and accord of the Dukes, Earles, Barons, and the Commons of his Realme, and of all other whome these things touched, ordained that all they, &c. By which desire of the King, and words of the Act, wee learne, that our soveraigne Lord King Iames, may sustaine his peo­ple, The king with the assent of the nobles and com­mous, may repeale sta­tutes with­out consent of prelates. 25 Ed 3. in tranquillitie and peace, and governe according to the lawes, u­sages, and franchises of his kingdome, though the assent, and accord of Prelates bee never required to the enacting of any statute in Parlia­ment. Nay such hath beene and yet is the power of the King, that with the assent and accord of the Nobles, and Commons, he hath au­thoritie to adnull, and make voide, even those Acts which in favour of Prelacie, and assent of Prelates, have beene enacted in Parliament. As by an Act made in the time of King Edward the third, is plainly to be seene. For whereas the King by assent of the Prelates, Earles, &c had willed and granted for him, and for his heires, certaine articles firmly to be kept, and holden for ever, namely that the Ministers of holy Church for money taken for redemption of corporall penance, nor for proofe, and accompt of Testaments, nor for solemnitie of Mariage, &c. should not be impeached, &c. before the Kings Ju­stices; neverthelesse the same king, in the same yeare, with assent of the Earls, Barons, and other wise men of the Realme, and without as­sent of Prelates, revoked and adnulied the same articles againe.

Again king Richard the second hearing the complaints of his faith­full leige people, and by their clamour in divers parliaments of divers [Page 71] abuses crept in against the solemne, and devout ordinations of Chur­ches, &c at the request, and complaint of the commons, by the ad­vice 3 R. 2 c. 3. 7 R. 2 c. 12. and commonassent of the Lords temporall (without mention of any Lords spiritual) is said to have ordained, That none of the kings liege people, &c. should take or receive within the Realm of England, any procuracie, &c. And in the eleventh yeare of the same kings raign, it is especially provided, that the appeals, pursuits, &c. made and given in the same parliament, be approved, affirmed, and established, as a thing Act. & Mo. R. 2. duely made, for the weale and profit of the king, and of all the realm, notwithstanding that the Lords spirituall, and their procurators, did by protestation, absent them out of the Parliament, at the time of the said judgement given. And the like protestation being made by the Pre­lates and Clergie, at a Parliament, holden the third yeare of the same king, it was replyed for the king, that neither for their said protestta­tion, The king bound by his oath, to do his laws to be made though pre­lates pro­test against him. or other words in that behalfe, the king would not stay to grant to his Justices in that case, and all other cases, as was used to be done in times past, and as he was bound, by vertue of his oath at his corona­tion. By all which premises it is as cleare, as the Sun shining at noon day, that the Lords spirituall be so farre from making any one of the three Estates, as that (if it please the king) they may not bee so much as any member, or part of any of the three Estates at all. If in the time of king Henry the eight the Lords spirituall (being then more in num­ber than the Lords temporall) had beene but such principall members of the high estate of Parliament, as without whom, neither law could The Lords spiritual no principall members of the par­lia [...]ent o­therwise than as the King plea­seth. have beene made, Monasterie nor Priorie might have beene dissolved; what could the king have done as head, and the Commons have done as feet, and the Nobles have done as the heart, the Liver and the Longs, to the dislording and discloystering of the Abbots, and Priors, the Monkes and the Friers of those dayes. In case the Prelates with their armes, and with their shoulders, with their hands, and with their hornes, had heaved, and shoved, and pushed, and thrusted to the con­trary. But to come nearer unto our owne times, and remembrances, if it cannot be proved, that above one Lord spirituall was present in parliament, and gave any assent to the enacting of statutes, made in the first yeare of the Queenes Majesties raigne deceased, but that it bee a No Lords spirituall present in parliament 1 E [...]. cleare case, that the ancient jurisdiction, preeminences, rights, and pri­viledges of the kings Crowne, were restored, that poperie and super­stition was banished, and the doctrine of the holy Gospell harboured only by the Queene, the Lords temporall and commons, what more plaine evidence or better proo [...]e can there be, that the Lords spirituall by any necessitie be neither principalls nor accessaries, neither bran­ches [Page 72] nor buds, nor any essentiall member of the house of Parliament. And of this opinion are the soundest Historians, and sincerest Divines of our age.

In the fifteenth yeare of King Edward the third (saith Master Fox) divers petitions being put up in Parliament against provisions com­ming Act. & M [...]. fol. 320. from Rome, the Kings answer and agreement was made in form following: viz. It is agreed by the Kings, Earles, Barons, Justices, and other wise men of the Realme, That the petitions aforesaid, bee made in sufficient forme of law. Where it is to be noted (saith hee) that at the grant hereof, the consent of the Bishops is neither named nor expressed, with the Lords of Parliament, and yet the Parliament standeth in his full force notwithstanding. At an other Parliament Act. & Mo. 525. (saith he) William Wicham, Bishop of Winchester, for a slanderous re­port savouring of a contumelious lye, and proceeding of a subtile zeale, meaning falshood, was so by the Duke of Lancaster pursued, that by act of Parliament he was condemned, and deprived of all his temporall goods. And this seemeth to have beene done (saith Master Fox) without assent, and against the wills of the Lords spirituall; for afterward at an other Parliament, great suite was made by the Cler­gie, for deliverance of the said Bishop: and being asked a subsidie in the Kings behalfe, with great lamentation they complained, for lacke of their fellow and brother of Winchester, and denyed to joyne them­selves in any tractation of any such matter. And in another Parliament holden at Yorke, in the sixth yeare of King Edward the third, all such Act. & Mo. 519. lawes, as then passed, and were concluded by the King, Barons, and Commons, were good, notwithstanding the absence, or malice of the Lords Spirituall. For it is recorded (saith he) that onely the Archbi­shop of Yorke, the Bishop of Lincolne, and the Abbots of Yorke and Silby were there present.

In a booke intituled the burning of Pauls Church in London, 1561. and in the fift question moved by a papist, it is said, that this manner of ministration of Sacraments, set forth in the booke of Common prayers, was never allowed, nor agreed upon, &c. no not by the Clergie of En­gland, at the last Parliament, but only it was agreed upon, by the La­itie which had nothing a doe with spirituall matters, or causes of re­ligion. Whereunto the reverend Father Master Pilkington Bishop of M. Pilking­ton Bishop of Durisme. Duresme answering: was there not (saith he) a disputation for Reli­gion, appointed by the Queenes Majestie, wherein your Clergie was affraid to utter their foolishnesse, in defending their superstition, lest they had taken more shame in answering, than they did in holding their peace? I thinke the Vniversities with so many places of this [Page 71] Realme, receiving religion, and these other disputing for it, may bee counted to be some part of the clergie of the Realme. And so it was not received without consent of the Clergie: But these were not of the Parliament, What then? But as Ioash, Josaphat, Ezechias, and Iosias, did not make a new Religion, but restored that which was de­faced and had long lyen buried, so our Parliament, did not set forth a new religion, but restore that, which was godly begun before the good K. Edward, confirmed by the Parliament, and Clergie then, &c. But nothing can bee concluded, as a law by Parliament, (say they) without consent of the Clergie there present. But this having not their consent, cannot be counted a law, as they think. I had rather (saith M. Pilkington) leave this to be answered by the Lawyers, than other­wise. Yet that the world may see, that something may be said in it, we grant him not this to be true, that no law at all can be made without consent of Bishops. Look your old statutes of Parliament, when Bi­shops were highest, afore Edward the third, and ye shall read, that they passed by consent of the Lords temporall, and commons, without a­ny mention of the Lords spirituall, which statutes, many of them stand in strength at this day. Then it may well be gathered, that the con­sent of the Clergie, was not alwayes so necessarie as they thinke it. The Lawyers, Judges, and Justicers put in practice and execute these lawes, therefore their doings, may be a sufficient reason, to lead the unlearned, what opinion they have of this statutes. For Religion (except Justice Rastall) first executing that, and afterward running a­way, may condemne the rest, which I trust he may not; I thinke they would not execute them, except they had the strength and na­ture of lawes. If they doe contrary to their knowledge and opinion, they cannot be able to answer their doings, but I think no wise men are of this opinion. Only these corner creepers, that dare not shew their face, and would deceive the people, go about to deface all good and godly order, that displeases them. In the dayes of K. Edward, they had the like fond opinion, that the king could not make lawes in his minoritie, untill he came unto full age, and to make the people to dis­obey their Prince. Hitherto M. Pilkington L. Bishop of Durisme; with whom the most worthy and learned M. Jewell, late Bishop of M. Iewel B. of Salis­burie. Salisburie agreeth in every point.

The wise and learned (faith hee) could have told you, that in the Parliaments of England, matters have evermore used to passe, not of necessitie by the speciall consent of the Archbishops and Bishops, as if without them no statute might lawfully be enacted, but only by the more part of voyces, yea although the Archbishops and Bishops were [Page 72] never so earnestly bent against it. And statutes so passing in Parlia­ments, onely by the voyces of the Lords temporall, without the con­sent and agreement of the Lords spirituall, have neverthelesse beene alwayes confirmed, and ratified by the Royall assent of the Prince, and have beene enacted and published, under the names of the Lords spirituall and temporall. Reade (saith hee) the statutes of King Ed­ward the first, there shall ye find, that in a Parliament holden at S. Ed­mundsbury, the Archb. and Bishops were quite shut forth, and yet the Parliament held on and good, and profitable lawes were there enacted, the departing, or absence, or malice of the Bishops spiri­tuall notwithstanding. In the Records thereof it is written thus: Habito Rex cum suis Baronibus Parliamento, & Clero excluso statu­tum est: The King keeping a Parliament, with his Barons, the Cler­gie, that is to say, the Archbishops and Bishops being shut forth, it was enacted, &c. In provisione de matrona in the time of K. Edward the third, whereas matter was moved of bastardie, touching the legi­timation of bastards, borne before mariage, the statute passed wholly, with the Lords temporall, whether the Lords spirituall would or no. and that contrary to the expresse decrees and canons of the Church of Rome. And thus much the most reverend and godly Father M. Iewell Bishop of Salisbury. Wherefore to conlude this point against the Ad­monitors position, I dispute thus:

All those persons, who by any necessitie, are none of the three estates, a [...]d by whose authorities, the statutes of England, to this day, have not stood, to leave out the same persons, may happily seem a matter of lesse weight, than all men do judge it:

But the Archbishops and Bishops, are such persons, as by n [...]ces­sitie are none of the three estates, and by whose consents, the statutes of England to this day, have not stood,

Therefore to leave out the Archbishops and Bishops may happily seem a matter of lesse weight than all men doe judge it.

If our Evangelicall Bishops be of that opinion, of which the Po­pish Bishops were, viz. that the house of Parliament is an unfit, and an unmeet place, to have the holy cause of the religion of God deba­ted and concluded upon, and that the Laitie without the clergie ought not to conclude any thing in Religion, and that in respect hereof, their presences, their voices, and their assents are necessary in the [...]ar­liament: If our Evangelicall Prelates (I say) make this objection: then besides that hereby they unseemely, unmannerly, and unchristian­ly, accuse the whole land of ignorance and blindnesse in religion, sup­posing neither King, nor Nobles, nor Commons, to be able to discern [Page 37] betweene night and day, besides this (I say) so shamefull an abuse, of a whole Christian nation, I would pray them to remember what the most reverend Fathers, Master Pilkington and Master Iewell have answered, to such cavillous slanders. For what else intended they by many examples, and proofes brought for the Parliaments of England, consisting of the King, the Nobles, and the Commons, to be lawfull Parliaments, and to have right to establish religion, but to justifie against Popish scoffers, that religion might be conceived, and established in Parliament, notwithstanding the absence or exclusion of the Clergie? Besides, since our lawes doe uphold the state and authoritie of the Convocation house, for the examination of all causes Matters of religion not concluded in parlia­ment, be­fore the same bee consulted of in convoca­tion. of Religion, surely it cannot be truly averred, that it is necessarie for Evangelicall Bishops, to be members of the Parliamenthouse, lest controversie of Religion should bee handled, and discussed without them. For how should any matter of religion bee concluded with­out them in Parliament, when first of all, the same is to be argued a­mong themselves in convocation? Or let them hardly (if they can) shew any one instance of any change, or alteration, either from reli­gion to superstition, or from superstition to religion, to have beene made in Parliament, unlesse the same freely and at large, have beene first agreed upon in their Synodes and Convocations? And what booteth it, then, to have a double or treble consultation, and consent of Archbishops and Bishops in parliament? Is the holy cause of God, any whit bettered, by their Bishops riding from Pauls to Westmin­ster? Or can it receive any more strength, by their walking from Westminster Church, to Westminster palace? Nay it hath beene of­ten times so farre from being promoted by their bishops, as not only in their convocations, but also in the Queenes parliaments, the same thing hath beene shamefully intreated, and taken the foyle, as may witnesle the bill for the better observation of the Sabboth, 27. Eliz. which being passed by both houses of parliament, was not­withstanding gainesaid and withstood, by none so much as by cer­taine Evangelicall bishops, and which (as there all men generally conceived) was only stayed from being made a law, by the Queene, upon their counsell, and perswasion.

ASSERTION.

And is it not morbus haereditarius in Prelates to pick quarrels a­gainst reformation of errours? For even this did Stephen Gardener Stephen Gardeners argument, and the ad­ [...]onitors argument in effect one. reason against the Lord Protector,

That in no case (saith Stephen Gardener) is to be attempted, of the Lord Protector, which may bring both danger to him, and trouble to the whole Realme:

But innovation of Religion, from that state wherein K. Henry left it, may be and is like to be dangerous, to the Lord Protector, and to baeed troubles to the whole Realme:

Therefore innovation of Religion from the state that K. Henry left it, is in no wise to be attempted.

And even of this stamp, and of this streyne is the argument of pick­king quarrels against laws setled, for thus in effect he argueth:

That Discipline in no case is to bee brought into the Church by the King and Parliament, which may be dangerous to lawes setled:

But to bring into the Church the Apostolicall discipline, may be dan­gerous to lawes setled.

Therefore the Apostolicall Discipline, in no case is to be brought in­to the Church by the King and Parliament.

But forasmuch as that noble and religious Lord Protector (not­withstanding Stephen Gardeners sophistry) continued constant, and couragious in the abolishment of popery and superstition which king Henry left, and did without dangerous alteration of laws then setled, innovate religion: How much more now may the Kings Majestie, the Lords and Commons in Parliament, attempt with effect, an innovation of that state of Ecclesiasticall government, wherein the Queene left the Church? And if it cannot be denyed, but it had beene far more dangerous for the Realm, and for the Lord Protector, not to have setled the holy doctrine, of the everlasting Gospell, by Lesse dan­ger to re­forme the Church [...]y n [...]w lawes, than to c [...]ntinue corruption by old laws new lawes, than to have maintained, and continued antichristiani­tie by old lawes: how should it be lesse danger, for the king in these dayes to continue corruptions in the Church, by toleration of old lawes, than to have the same corruptions reformed by establishment of new lawes? But unto whom, or unto what, hath it beene dan­gerous, to pick quarrells against lawes setled? Wha, hath it beene dangerous to lawes setled? No. For how should lawes setled be in­dangered by quarrelers! sithence quarrellers are evermore in danger of lawes setled. Or hath it beene alwayes dangerous for a king, for a [Page 75] State, for a people, or for a Countrey, to pick quarrels against lawes setled? No. For what man is he, or what face carrieth he, that dare upbraid a countrey, a people, a State or a King, minding to unsettle evill lawes, and evill customes, to be quarrellers against lawes setled? Let it then only be dangerous for private persons, upon private male-contentment, to pick quarrels against good lawes, well, and rightly setled; and let it not be hurtfull or dangerous for supreme Kings, po­wers, and principalities, by publike edicts, to alter evill lawes, evilly setled. For to what other end should evill lawes evilly setled, be con­tinued, but to continue evill? And what a thing were that? This ar­gument then for lawes setled, being the sophisme of that Fox Stephen Gardener, is but a quarrelsome, and wrangling argument.

ASSERTION.

This argument seemeth to be drawne from kitchin profit, and is but a bugbegger to scarre covetous men from submitting their necks unto the yoke of that holy discipline, which our Saviour Christ hath prescribed, and which the Admonitor himselfe confesseth, to have beene practised by the Apostles, and primitive Church. And yet be­cause this argument seemeth to lay a very heavie burden on mens shoulders, such as is impossible to be borne, it is an argument worthy That seni­ours and Deacons should bee found at the charge of the Pa­rish is ab­surd. to be examined, though in it self, the same be very untrue and absurd. For who did ever fancy that a Pastor, a company of Seniours, and a Deacon or two at the least, should be men of occupations, or that they should be all found of the parish, because they must leave their occu­pations, to attend upon the matters of the Church? Why? there be many hundreds of parishes in England, wherein there dwelleth not one man of an occupation. And what reason then, or what likely­hood [Page 76] of reason was there, to father such an absurd necessitie upon the Church? As for the necessitie of having one Pastour in every parti­lar parish, and of his finding by the parish, because it is his duety, to attend upon reading, exhortation, and doctrine, although he bee no man of occupation, this (I say) is agreeable and consonant, to the government of the Church practised by the bishops. And therefore in the finding, and having of one pastour in every parish, they, and wee differ not. But that men of occupations only should be chosen Seniors and Deacons in every parish; or if Seniours and Deacons, were men of occupations in any parish, that they should be all found of the pa­rish, we utterly disclaime as an absurditie of absurdities. And yet wee deny not, but in Cities and great townes wherein for the most part, men of trade, doe inhabit, that Seniours and Deacons must of neces­sitie be men of occupations. Vnlesse then an occupation must of ne­cessitie hinder men, from being faithfull, religious, and godly men, there is no reason to inforce, that men of occupations in cities and What kind of men ought to be chosen seni­ours and Deacons. great towns, should not be chosen Seniours and Deacons. And as for Countrey parishes, wherein very few, or no men of occupations doe reside, this objection is altogether idle. In which parishes also we af­firm, that men of greatest gravitie, integrity, wisedome, faith and god­linesse, ought to be chosen Seniours, and Deacons. And wee doubt not, but all such men as whom we intend, ought to bee chosen Seni­ours and Deacons, whether dwelling in Cities and Townes, or in the Countrey, would be as ready, as willing, and as watchfull, prudently to imploy themselves hereafter, in matters of the Church, as now either themselves, or their equals, are busied in matters of their corporations, or common weal, without any manner of contribution, to be yeelded towards their finding.

When the people of Israel were commanded to pay their tythes, first fruites, and other oblations unto the Priests, and Levites, for their attendance and service in the Sanctuary, we do not read in the whole book of God, that they were injoyned to be helpers and contributers to the reliefe and sustentation of the Captaines over thousands, of the Captaines over hundreds, nor of the Elders and governours, placed ci­tie by citie, for the affaires of the King. And therefore sithence wee have neither precept nor president, that all the officers of the Church should be found at the costs of the Church; and sithence also as well in Countrey parishes, as in Cities, and townes, (to the praise and glo­ry of God be it spoken) wee have many able, wealthy, and substan­tiall persons, who have given their names unto Christ, what necessi­tie is there that any such Seniours and Deacons should bee elected, [Page 77] as have need to be relieved, and supported by a common purse? And Church­wardens and side­men are not found at the charges of the parishes had the Admonitor well and advisedly pondered, that our Church­wardens, and Sidemen (who carry a semblance of governing Seniours) that our Collectors also for the poore (who justle out the Deacons) being all of them men of occupations, poore husbandmen, or day la­bourers, and being not [...]ound of the parish, are notwithstanding of [...]en­times in the yeare, troubled and turmoyled, from one end of the Di­ocesse unto the other, and that which is more, from attendance up­on their day labour, husbandry and occupations, to wait, and to at­tend, not upon matters of the Church, but upon money matters, per­taining to the officers of the Bishops consistorie, Had he (I say) wise­ly and sincerely considered these things, he would certainly not once have mentioned this so silly and simple a suggestion. But quite and cleane to cut off at one blow all the skirts of the coate of this silly bul­begger, that the very buttocks of it may be bare, and that the Church may see, there is no such burthensome Charge, to be laid upon her, as is fained; the grave and godly judgement, and policie of King Ed­ward The judg­ment of K. Ed. 6. com­missioners touching Elders and Deacons. the sixth his Commissioners, authorized to compile a booke, for the reformation of lawes Ecclesiasticall, according to an act of Parliament, in that behalfe provided, shall rise up for us and plead the truth and equitie of this our sayings, The commissioners names were these: viz. The most reverend Father Thomas Cranmer, Archbishop of Canterbury. Thomas, Bishop of Ely. Richard Cox, the Kings Al­moner: Peter Martyr, professor of Divinitie. William May, Row­land Taylor, Doctor of the Law, Sir Iohn Cheeke, Iohn Lucas, Ri­chard Godericke, M. Hadon, and others. All which reverend, learned, Titul de di­vinis officiis c. 10. f. 45. and religious men, as with one voice and accord speake one thing: so thus and thus they speake: Evening prayer being finished, wher­unto all shall be attendant, after sermon in their owne Chu [...]ches, the chiefe Minister whom they call parochies, and the Deacon, if happily they shall be present, or they being absent, let the Ministers, Vicars and Elders, (so the Archbishop of Canterbury, afterwards a godly Martyr, and Bishops can skil of the name of Deacon and Elders) with the people confer about the money put apart to godly uses, how the same may be best imployed; And let the D [...]scipline (lo these sage Counsellers were all Disciplinarians) be reserved untill that time. For they whose frowardnes hath been publike, and tending to the com­mon offence of the Church, let such be recalled to the acknowledge­ment of their faults, and let them publikely for the same bee censured, that the Church by their wholesom coertion, may be brought in good frame. Afterward let the Minister going a part, with some of the [Page 78] Elders, take counsell, how the others (whose manners are said to be lewd, and whose life is said to be full of mischiese) may first accor­ding to the commandement of Christ in the Gospell, come toge­ther, and be communed with, by sober and discreet men, and with a certaine kinde of brotherly love. By whose admonition if they shall reforme themselves, thankes are diligently to bee given unto God. But if they shall proceed forth in their wickednesse, they are to bee bound with that sharpe paine, which by the Gospell wee know to bee prepared for contumacie. And when the force and vehemency of excommunication shall bee shaken, first let the Bi­shop be sought unto, who if hee shall consent, and oppose his au­thoritie, let the forme of excommunication bee dispatched, before the whole Church, that we may bring in as much as may be the anci­ent Discipline.

Thus much have these most Christian Disciplinarians, and renew­ers of the ancient Discipline, by Pastours, Elders, and Deacons both written and spoken. And yet have they founded never a word, to the finding of Elders and Deacons by the Parish, nor by having men of occupations to leave their businesse, to attend upon matters of the Church. For men thus meeting together once only in the week, and that upon the Lords day, and that only within their own parishes, and without payment of any fees, may very wel notwithstanding these at­tendances, give themselves wholly all the weeke following, to their ordinary vocations. And therefore against his not able to finde one tole­rable Minister, much lesse to finde a Companie, &c. I con­clude thus:

No Parish in England shall be burdened to find so much as one Seni­our or Deacon:

Therefore much lesse shall every Parish be burdened to find a company of Seniours, &c,

Where the Admonitor complaineth, that many parishes are not Tolerable and intole­rable Mini­sters. able to finde one tolerable Minister, we would gladly learne, by what brand tolerable Ministers, are knowne from intolerable Ministers, according as the Lords spirituall judge, or judge not, of tolerable, and untolerable Ministers. For if all reading Ministers (as needes with them they must bee) or else why doe they tolerate them, bee tolerable Ministers, what a vaine and idle distinction, hath hee coy­ned touching the scarcitie of maintenance, for tolerable Ministers? Considering all Ministers by intendment of law, bee able to reade: and considering also a very small maintenance, is esteemed to bee a tolerable maintenance, for reading Ministers. For else why doe the [Page 79] great Bishops, in their great Churches of Commendams, and the rich Doctors in their rich Churches of non residencies, make so small allowances to their reading and stipendarie Curates? And where then is that parish in England, that is not able to maintaine a tolera­ble Minister?

ASSERTION.

Vnto this objection if I should answer nothing at all, but only should The obje­ction of feare &c. answered. deny, that any feare, or any other inconvenience at all, pretended in this place, is to be feared to ensue, my simple negation were more to be tolerated than his simple affirmation, for by the canon Law, non inficienti, sed ponenti, incumbit onus probandi. And yet because Doct. in [...] ­si cui de preb [...]. the Lord hath spoken unto Iosua, and in him unto us all, that wee should not feare, nor be discouraged to observe, and to doe all, that is written in the law, for then (s [...]ith the Lord) shalt thou make thy way prosperous, and then shalt thou have good successe, therefore in the word of the Lord (I say) that none of all this feare, broyle, trouble, or turmoyle, is to be feared at all. Nay that it is most assuredly, and without all doubt, to be hoped and looked for, that he would so blesse the attempt of putting this order in execution, as that the peoples approbation, and allowance of their Ministers, should be a matter of all peace, quietnesse, unitie, concord, good successe and prosperitie to the whole Church of God in England.

For what an heathenish incredulitie, were it for us to reply upon the erroneous conceit of a timorous, and suspicious fancy, that feare, and I wot not what unrulinesse, and unquietnesse shall follow, when wee (receiving the lawes of peace from the Prince of peace) have his most stable truth, that his peace shall rest upon us, and that all feare and evill successe shall cease and vanish away. No busie headed body therefore, shall be able to leade any man away, to disquiet either [Page 80] Church or common wealth, (otherwise than as the Church in all a­ges by the malice of Satan and his instruments, hath evermore beene disquieted) if once the holy law of the Gospell touching this point were observed and put in ure. And if it be feared, that the choice to be made by the people of God, and which is allowed unto them by the holy laws of God would prove to be a matter of schisme, discord, and dissention, how much more reason have we to feare, that the fi [...]e of schisme, discord, and dissention, being blowen already, should not breake out and fame among us, if still one man alone, be suffered to thrust upon the people of God, not tolerable Ministers, according to Gods heart, but intolerable Ministers, according to mans tradition. The Admonitor hath insinuated unto us often in his Admonition, that it is dangerous to innovate. And so I say too, unlesse there be e­vident [...]de con­stitu. prim. L. 2. utilitie of innovation. For (saith the Emperour) in rebus no­vis constituendis evidens esse utilitas debet, ut ab eo jure recedatur, quod diu aequum visum est. But is it not as perillous, yea sometimes much more perillous not to innovate? for proof whereof, it shall suffice, to take witnesse of our owne times, and of our owne experiences. It seemed equall a long time, and for many yeares, that the Sacrifice of the Masse, with all the pelf and trumperie thereof, should not once be Dangerous to innovate unlesse ther be evident utiliti [...] of innovation. spoken against. But we all know, that the abandoning thereof, hath not yet brought any perillous subversion, upon any nation, that pure­ly and soundly in place thereof, hath embraced the holy sacrament of the Lords Supper. It seemeth also to be equall for many ages past that the Bishop of Rome might have supreme and absolute power over all persons, states, and causes, not onely in Rome, Italy, Spaine, Germany, and other forraigne kingdomes, but also in England and Scotland. But as yet to the view of all the world, it hath not proved perillous for the King and Queene of England and Scotland, to establish new laws, for the alteration of that ancient abuse. And why hath it not been dan­gerous so to do? Why? forsooth because there was evident utility in doing of it. But how could an evident utilitie appeare before it was done? How? Forsooth because the holy law of God had warranted an alteration. For faith having eyes to see the wisedome, the power, and the truth of God in his word, discerned a far off that the instituti­on of the Lords Supper, was long before the sacrifice of the masse. And therefore our Kings by abandoning poperie out of the Realme, did not institute any new religion, but onely they restored the old. Now then if a same holy law of God, do condemn the choice, and thrusting of the pastour upon the people by one man alone; and again it the same Law, doe impugne the primacie of one pastour over all [Page 81] Pastours, as well in a Diocesse, or Province, as in the whole West part of Christendome, what danger can it be, not to disfranchise the one, sithence without any manner of danger, we have abolished the other? or what perill can it be, not to countenance the sonnes, sithence with­out perill we have discountenanced the father? Especially seeing in this place of the admonition wee have a plaine confession, that the common manner of election of Pastors, Elders, and Deacons in the old Churches was made by the people. For if the examples of schism, discord and contention, did commonly appeare in the old Churches, while that manner of election did continue, then by his owne mouth Common manner of elections in the old churches was by the people. that manner of election was common, and did continue in the old Churches. Besides, this inconvenience (saith he) caused Princes and Bishops so much to intermeddle in this matter. Frow whence it ne­cessarily againe followeth, that by the holy Scriptures, and law of God, Princes and Bishops, did not entermeddle with that matter atal. For had it been simply lawfull for them, to have dealt in those causes by the word of God, then aswell before schisme, discord, and dissenti­on, as afterward, yea rather much more before than afterward. For then by their owne right, might Princes and Bishops have preven­ted Bishops n [...]eddle not with electi­on of Pa­stors by the holy Scri­ptures. all occasion of schism and contention, and have so preserved the Church, that no tumult, or disorder, should once have beene raised or begun therein. Againe if by the law of God, Princes and Bishops, had medled in these matters, and had not intermedled by humane device, then lawfully by their authoritie alone, might they have chosen Pastors, Elders and Deacons in the old Churches: which thing in this place by necessary inference he denieth. For schisme (saith he) caused them to intermeddle. So as by his confession, they were but intermedlers, and entercommoners, by reason of schisme, and not commoners, and medlers by vertue of Gods word. And yet now a dayes our reverend Bishops in this case, are no more intercommoners, with Princes and with the people, they ate no more entermedlers as in old times they were; but they have now so far incroached upon the prerogatives of the prince, and privileges of the people, that neither prince nor peo­ple have any commons in the election of Pastors, Elders and Deacons with them at all. Besides if schism, and contention among the people Bishops [...]n croach up­on the [...]igh [...] o [...] p [...]ce and people. were the reason, why Bishops first entermedled in the choice of Pastours; we now having no schisme nor contention about the choice of Pastours, by the people, and so the cause of ceasing, why should not the effect likewise cease? But this effect, is therefore still to bee continued, because otherwise the cause would a new sprout out, and spring up againe. Nay rather inasmuch, as for these many yeares, we [Page 82] have had schism, discord and dissention, because the bishops wholly and altogether have medled in the choise of pastours, and have thrust upon the people, whatsoever pastours please not the people, but plea­sed themselves, and have not suffered the people to meddle, no not so much as once to intermeddle in these matters; in as much (I say) as these things be so: it seemeth most expedient, requisite, and necessary, for the appeasing, and pacifying of this discord, and the taking away of this schism, to have the manner of election, which was in the old Churches, restored to the people; and this wherein the bishops have intermedled, without authoritie from the word, to be abolished: that so againe the cause of scbism and strife, which is now among us cea­sing, the effect might likewise cease.

After I had ended this tract, in this manner, touching this point, there came into mine hands a booke intituled, The perpetuall govern­ment of Christs Church, written by Thomas Bilson, Warden of Win­chester Colledge: in the fifteenth chapter of which booke is handled this question, viz. to whom the election of Bishops and Presbyters doth rightly belong, and whetherby Gods law the people must elect their pastours or no. In which chapter also the matter of schism, strife and contention is handled. The finall scope and conclusion whereof, is as the proposition importeth, twofold: First, concerning Bishops, then concerning Pastours. The quarrell taken against Bishops doth not so much touch (saith hee) the office and functions of Bishops, as it doth the Princes prerogative. When you rather thinke the Prince may not name her Bishops, without the consent and election of the people, you impugne not us, but directly call the Princes fact, and her lawes in question. As touching this point of the proposition, because the people by any law, or custome, never challenged any right, or interest, in the choise of the Kings bishops, wee have nothing The King only hath power with­out the peo­ple to no­minate his Kingly Bb. to meddle or to make about the choise; of any of the Kings Bishops. Nay we confesse, as his highnesse progenitors Kings of England have beene the Soveraigne Donours, Founders, Lords and Avowes of all the Bishopricks in England without aid of the people; that so likewise it is a right, and interest invested into his Imperiall crowne, that he only, his heires and successors, without consent of the peo­ple, ought to have the free nomination, appointment, collation, investiture, confirmation of all the Bishops from time to time, to be planted in any of those Bishoprickes; yea, and wee say further, that the King alone, hath not power onely to nominate, collate and confirm, but also to translate, yea and if it please him to depose all his Kingly Bishops without any consent of his people at all. For (say we) [Page 83] ejus est destruere, cujus est construere, ejus est tollere, cujus est condere: Neither will we dislike, but rather content our selves, that our late Queens Bishops (if they shall finde favour in the Kings eyes) should be also the Kings Bishops, conditionally they submit themselves to the lawes, and prerogatives of the Kings Crowne, content them­selves with the only name of Kingly and Princely Bishops, and not challenge any more unto themselves the sole titles of Godly and Chri­stian Bishops, as though without injurie to the law of [...]od, and Go­spell of our Saviour Christ, they could not bee dispossessed of their Lordly Bishopricks. And therefore our most humble prayer to the King is, that his Majestie would bee pleased, that such his Kingly Bishops may not henceforth over crow, and justle out Gods Bishops: nor have any primacie over Gods Bishops. And withall, that the King himselfe would vouchsafe, to hearken to the doctrine of such as are indeed Gods Bishops, rather than to the Counsell of those who lately were the Queenes bishops.

As touching the second part, viz. whether the people by Gods M. Bilson confirmeth the peoples election of their pastor p. 339. law, must elect their Pastours, or no; Master Bilson by reasons, and proofes brought for the first use of it, rather confirmeth than impug­neth the same. For (saith hee) Well may the peoples interest stand upon the grounds of reason and nature, and bee derived from the rules of Christian equitie and societie: That each Church and people stand free by Gods law, to admit, maintaine, or obey no ma [...], as their Pa­stour without their liking, unlesse by law, custome, or consent, they have restrained themselves: Then the people had as much right to choose their 360, Pastour, as the Clergie that had more skill to judge: that the Apo­stles left elections indifferent to the people and Clergie at Jerusalem, That the Apostles in the Acts, when they willed the Church at Jerusa­lem to choose the seven, did not make any remembrance or distinction of the seaventie Disciples from the rest: And lastly, against the cur­sing, and fighting of the late Bishops of Rome, till excluding both 359. Prince and people, from yeelding his consent, or making their request they had reduced the election wholly to the clergie, hee telleth them by 339. their leave, it was not so from the beginning. From all which sayings of Master Bilson I conclude thus:

Whatsoever is right, lawfull, and free by the law of God: whatsoe­ver standeth upon the grounds of reason and nature: whatsoever is derived from christian equitie and societie: whatsoever is from the beginning, and was left by the Apostles to the church at Ierusa­lem, [...]he same ought still to remain, and must be kept inviolable in the church.

But the peoples interest to choose their Pastor, is right; is lawfull; is free by the law of God; standeth upon the grounds of reason and na­ture; is derived from Christian equitie and societie, is from the be­ginning, and was left by the Apostles to the Church at Ierusalem: Therefore the pe oples interest to choose their Pastour ought still to re­maine, and must be kept inviolable in the Church.

The whole proposition and every part thereof, together with the assumpt, and every part thereof, is drawne from M. Bilsons owne confession. Only to the proposition hee hath annexed certaine con­ditions or exceptions, viz. Vnlesse by law, custome, or consent, the people have restrained themselves, or transferred or altered their right, or else by their default or abuse, the canons, councels, superiour powers, princely, or publike lawes, have abridged, altered, or abro­gated the same. Now then it remaineth to know, whether any con­sent, default, abuse, custome, canons, councels, superiour powers, pub­like or princely edicts, may be a good and sure warrant, to abridge, transferre or abrogate, the peoples interest, from having to do, in the choice of their Pastours.

Our Saviour Christ, when he came in the flesh, he came to reforme the abuse crept in of the Law, and to improve the corruptions of do­ctrine taught by the Scribes, Pharisees, and Doctors of the Law, but hee tooke not away any least tittle of the Law, ne abolish any jot of true and sound doctrine in the Church. The Gospell teacheth us to order our judgements aright, to bridle the unrulinesse of our affections and to moderate our inordinate appetities. But yet, doth not the same command us, to empty our soules of all judgement, to bury our af­fections in our bellies, and to become as dead as stones, without all Canons and Councels, &c may bridle dis­o [...]dered e­lections, but not disan­nul electi­ons of the people alto­gether- sense, or appetite. In like sort we grant, that custome, consent, Ca­nons, Councels, Superiour powers, publike, and princely lawes, may re [...]orme, reprove, restraine, direct, moderate, and bridle the disorde­red unrulinesse, and contentious brawlings of the people, in, and about their elections; yea and we grant further, that they may alter, abridge, or enlarge the forme and manner of elections. All this we grant: but that Christian Kings or any superiour powers, may take this right in­to their owne hands (as hee saith) from the people; or that the peo­ple by any law, custome, consent, canon, or councell, may transferre or abolite their right, f [...]eedome, and interest given and deduced unto them, [...]y these rules and by these grounds, I doe not yet perceive a­ny good ground o [...] reason for the same. For in so doing, how should the holy wisedome and providence of God, who hath imprinted in [Page 85] our nature, these rules and these grounds, this equitie and this free­dome, be so holily regarded, and so highly reverenced, as it ought to be. For hath he made us freemen, and can we without contempt of this grace become bondmen? And albeit in some cases, that may be well said, quod volenti non fit injuria, and that quilibet potest recedere a suo jure; yet the cases must be such, as a mans willingnesse, and re [...] ­dinesse to forgoe his right, be not tyed to him with so strong a band, as is the band of the grounds of reason and nature, of the rules of Christian equitie, and of the freedome of the law of God. It is free, I grant, for a man to eate or not to eate, to drinke or not to drinke, but for a man not to eate at all, or not to drinke at all, and so with hunger and thurst to sterve himselfe is not free: and in this case vo­lenti fi [...] injuria. Every man that hath a wife, that hath sonnes and daughters, that hath men-servants, and maid servants; as by the ve­ry instinct of nature, and by the equity of the Law of Christ he hath freedome to provide for them, so must he carefully use this his free­dome. And therefore hee may not wholly and altogether put [...]rom himselfe, and expose at hap hazard, the provision, education, instru­ction, dieting, apparelling, and lodging of his wife, his sonnes, his daughters and his servants unto strangers: neither may husbands, fa­thers, nor masters give their consent, to the making of any law, or the bringing in of any custome, whereby their freedomes should be restrained, adnihiled, or made void in this behalfe. For by thus vio­lating the rules, and grounds, and by thus treading, as it were, under foot, the equitie of Christ, and the freedome they have by the law of God: should they not most profainely, and impiously despite God, and, as it were, overturne the whole order he hath set in nature? And if the people may not cast off these rules, and these grounds, this equi­tie, and this freedome in things appertaining to the frail, bodily, tran­sitorie, and earthly life: how much lesse may they cast them off, or set little by them, in things appertaining to the salvation of their soules, and to a durable, spirituall, everlasting and heavenly life?

But the peoples right to choose their Bishops, did never depend Objection, that the peoples right did never de­pend upon th [...] expresse commande­ment of God. upon the expresse commandement of God: neither can the people challenge by Gods law, the right to choose their Bishops: I meane (saith he) no such thing is expressed, and contained in the Scriptures. What then? if it doe depend, or bee contained under the generall grounds and rules of reason, nature, christian equitie, christian societie principles of humane fellowships, the law of God, the practice of the Apostles, and that which was from the beginning: Is it not suf­ficient? Though it be not expressed in these termes, viz. That the [Page 86] people must choose, or that the people have right to choose their bishops? it is not expressed and contained in the Scriptures, that e­very man must choose his owne wife; or that every woman must choose her owne husband. And yet by the doctrine expressed, or contained in the Scriptures, is it true that no man hath right either to choose an other mans wife, or to choose an other womans hus­band. And that every man hath right to choose his owne wife, and everie woman right to choose her owne husband. Againe, it is not ex­pressed and contained in the Scriptures, that infants must bee bapti­zed: neither is it expressed and contained in the Scriptures, that the bishop of Lichfield must have but one wife. Yet because it is contai­ned in the Scriptures, that God in the beginning, brought but one wo­man unto one man, and gave to one woman but one husband, I assure my selfe it will not be denyed, but that the bishop must and doth content himselfe with one wife, and that every Christian ought to bring their children to be baptized. Besides if Master Bilson distin­guisheth bishops in England from pastours in England, and Archbi­shops in England, and Pastors in England, two severall orders and de­grees of Ministers in the Church of England, then I grant that it is neither expressed nor contained in the Scriptures that the people must choose their bishops in England. And why? but because the Scriptures (having put no difference betweene bishops and pastours) know no such bishops as we have in England. And therefore bishops Bishops in England are only Bb. by the Kings grace and not by divine in­stitution. in England, being bishops only by the Kings grace, and not by divine institution and ordination, as pastours in England be, hence is it, that the Kings of England, by their prerogative Royall, and not the peo­ple, by the rule of Scriptures, have chosen their bishops in England. And for this cause also was it, that K. Hen. 8. with advice of the Parlia­ment, did resume the nomination, appointment, investiture, and con­firmation, of his Kingly bishops from the pope. As for the nominati­on of pastours, having cure of soules in parishes (otherwise than all patrons by right of patronage, doe give presentments) their choise, institution, translation, o [...] deprivation, the Kings of England by their Pastours in parochiall Churches were never placed by the King, as Bb. are in their Bi­shopricks. regall power never yet hetherto tooke the same upon them▪ And if the Kings of England by any fact, or by any law, did never take a­way the right, interest, and freedome from the people, in choosing their pastours; what right, other, than by usurpation, can the bishops have, to impose, or thrust upon the people pastours without their li­king? But by custome and consent the people have restrained them­selves. Hereunto (if it were not alreadie sufficiently answered, that the people could not lawfully restraine themselves) yet Master Bil­son [Page 87] himselfe answereth, That the late bishops of Rome never left cur­sing The people lost their consent by cursing and fighting of the Popes. and fighting, till they had excluded both prince and people, and reduced the election wholly to the Clergie. By cursing, and fighting then have the people beene overruled, and excluded, and not by cu­stome or consent, have they restrained themselves. Yea and by ver­tue of this cursed fight only, doe the Bishops of England at this day, exclude both Prince and people, from medling in the choise of pa­stours. For by authoritie of the canon law, made by those late cur­sing and fighting Bishops of Rome, the bishops of England have the sole ordination, and placing of pastours over the people. And from hence also it is plaine, that the peoples right, was not by their default or abuse, relinquished and forfeited. For then the late Bishops of Rome needed not to have cursed, and fought for it. And now whe­ther it be not meet, that the Lord Bishops professing themselves to be Christian bishops, should still retaine in their hands, and not restore unto Christian people, the possession of their Christian equitie, and freedome▪ exto [...]ted from them, by the cursings and fightings of an­tichristian Bishops, I leave it to the consideration of the reverend bi­shops themselves.

Touching the mischiefes and inconveniences of schismes, troubles, strifes, and contentions so often inculcated, and so much urged, and excepted against the election of the people, there is no man able (as I thinke) to produce any one pregnant proofe, out of any ancient, or late historie, that any king or Soveraigne power, hath interposed any supreme authoritie, to appease any discord or dissention, ensuing or raised upon the bare choise, made of any meere parochiall pastour, by any faithfull and christian people. The schismes, strifes, and factions, that were raised in the old churches, sprang out, and slowed onely Schismes and contentions spring from schis­maticall and proud clergie ma­sters. from the heads, and fountaines of those schismes, strifes and factions: and namely from proud, ambitious, and hereticall bishops, and great clergie masters. For they being infected, and poisoned with the contagion of schisme, and heresie, and having sowred the mindes of their Disciples,, with the leaven of their hereticall doctrines, no marvaile if the people became followers of the evill manners of their teachers, and no marvaile if they verified the proverbe, Like master like man, like Priest like people. Eustatius Bishop of Antioch, being a Sabellian heretike, was deposed by the Councell of Antioch, after whose deposition, a fierie flame of sedition was kindled in Antioch: Socr. 1. c. [...] because one sort of the common people sought to translate Eusebius Pamphilus from Caesarea to Antioch; some other would bring againe Eustatius. Eusebius bishop of Nicomedia and Theognis bishop of [Page 88] Nice, being both Arians, with their confederates, raised skirmishes and tumults against Athanasius, after the death of Alexander bishop Socr. l. 2. c. 2 of Constantinople about the election of a bishop, there was greater stirre than ever before time, and the Church was more grievously tur­moyled: The people were devided into two parts, the one egerly set with the heresie of Arius, clave to Macedonius; the other clea­ved very constantly to the decrees of the Nieene Councell, and choose Socr. l. 2. c. 4 Paulus to be their Bishop. The cause of division among the Citizens of Emisa,, about the election of Eusebius Emisenus, was, for that he was charged with the studie of the Mathematickes, and accused of Socr. l. 2. c. 6 the heresie of Sabellius. After the death of Eusebius, when the people of Constantinople, had brought againe Paulus, to be their bi­shop, the Arians chose Macedonius. The authors and chiefe doers in that stirre, were certaine Arian bishops, who before aided Euse­bius, that turned up side downe the whole state of the Church. These Socr. l. c. 9 and sundry such like sturres, discords, factions, and dissentions, are found to have beene raised, and pursued by schismaticall, and hereti­call bishops, their favourites and followers in the old Churches; but that these or the like mischieves, and inconveniences, can be proved to have fallen out, by the election of Parochiall pastours in the old Churches, we deny. And why then should not the interest, and free­dome of faithfull, and Christian people, wrested from them by cur­sings and fightings, of faithlesse, and antichristian Popes, be restored to them againe? And the cause ceasing, why should not the effect likewise cease? And therefore we humbly intreat the Lords bishops, that against the grounds of reason and nature; against Christian equi­tie A [...]equest to the [...]e­verend bi­shops. and societie; against the right and freedome of the law of God; a­gainst the principles of humane fellowships; against that which was in the begining; and against that which the Apostles left in the Chur­ches, by colour of lawes brought into the Church, by the cursings and fightings of the late Romane Bishops, they would not henceforth barre and seclude the Kings Christian and faithfull people, from gi­ving their consents unto their pastours. Yea and we further beseech their Lordships, that are schollers unto the Apostles, and as servants unto the old way of reason, of nature, of the law of God, of the equitie of Christ, and of humane societie, they would hereafter imbrace that way, which was from the beginning, which is the old way, and the best way, and not any longer persist, in a cursed and quarrelling way, which is the new way, and the worst way. But if the Lords spirituall of their own accord, shal not readily voucl­safe to yeeld unto us this our right at our intreatie: then for my part, [Page 89] I will briefly shew mine opinion, what were expedient, for the A suppliea­tion to the king by the Lords and commons for the re­stitution of their right in the choice of their pa­stors. Lords and commons in open parliament dutifully to pray, and to sup­plicate at the Kings Majesties hand. Namely,

At the humble petitions, and supplications, of all his Lords tempo­rall, and commons in Parliament assembled, his majestie would bee well pleased, to give his Royall assent to an act, to be intituled, An act, for the restitution of the ancient right, and freedome which the peo­ple of God in the old Churches had, and which the people of Eng­land ought to have, in, to, or about the election of their Pastours, and abolishing all papal power repugnant to the same. For if as it is plainly confessed) the people of all Churches, have right, and freedome by the law of God, by the equitie of Christ, by the grounds of reason and nature, by the principles of humane fellowships, and by that which was from the beginning, to elect their pastours: and if also the same right, and freedome being left to the old Churches, and es­pecially to the Church at Ierusalem by the Apostles; have beene ta­ken away by the cursings, and fightings of the late Bishops of Rome, then cannot the people without violation of those lawes, rules, and grounds, by any Episcopall power, be any more excluded from their said right, and freedome: than could, or might the ancient jurisdiction of the Crowne of England, have beene still usurped by the pope from the Kings of England.

ASSERTION.

The Admonitor in one place of his admonition, telleth us, that he must not put all that he thinketh in writing, and yet he writeth in this place that thing, which might far better have been utterly unthought than once written: for could he thinke, to win the common peo­ple of England, to a continuall good liking, of high and stately pre­lacie, by upbraiding and charging them to their faces, in a book de­dicated unto them, with affection, and wanting of right judge­ment? [Page 90] Was this the way to procure grace, favour, and benevolence at their hands? And albeit this slander deserved rather to have beene censured by the Commons in Parliament, than by confutation to have beene answered, yet for the better clearing of the right judge­ment, of the common people, giving their consents, to most worthy men, in all offices of gaine, or dignitie, remaining in their hands, I thinke it necessarie to shew the indignitie of this contumelie.

There be (I confesse) in London, Yorke, Lincoln, Bristow, Exceter, Norwich, Coventry, and other principall Cities, and townes corpo­rate, Majors, Sheriffes, Stewards, Recorders, Bailiffes, Chamberlains, Bridge-masters, Clerkes, Swordbearers, Knights, Burgesses, and such like offices, some of dignitie, some of gaine, but that the officers of these, or any other places, whether of dignitie, or gaine, be chosen by the multitude of those places, is utterly untrue: for onely according to their ancient customes, priviledges, and Charters, by the chief Ci­tizens, Townsmen, and Borough-masters, are those officers chosen. The number also of which Electors in all places is not alike. In Lon­don the Aldermen, choose the Lord Major.

In other Cities and Townes, sometimes eight and forty, sometimes fourteene, sometimes twelve, sometimes only such as have borne of­fice, as Majors, Sheriffes, and Bailiffs in the same places, nominate and elect their new Major, Sheriffs, and Bailiffes. But that the Aldermen, principall Towns-men, Borough-masters, and men having born chief offices in those cities, towns, and boroughs, have easily been wrought by ambitious persons, to give their consents unto unworthy men, though it have pleased the Ll. Bb. (with seene and allowed) to have spred and published this saying, yet that the same saying, is wholly unworthy, of any credit to bee given unto it, or to bee regarded of any wise and indifferent man, let the sober and peaceable elections made of the worthies of the land hereafter mentioned, be witnesses. The officers in Cities and townes corporate chosen with out conten­tion and ambitious working of unworthy men. And to leave to speake of the election of the Lord Major of the Citie of London, Sheriffs, Aldermen, Wardens of companies, Chamberlains, bridge-masters, and other annuall officers, of honour and dignitie, let us consider whether the Citizens of London have beene wrought by ambitious persons to choose M. Wilbraham, M. Onslie, M. Bromley, to be their Recorders, [...]ll three afterward the Queenes solicitors, and M. Bromly Lord Chancellor of England: and let us consider whether the same Citizens, as men of affection, and want of right judge­ment, did elect to be Recorders of the same Citie, M. Serjeant Fleet­wood, Master Serjeant Flemming, Master Serjeant Drue, and how Ma­ster [Page 91] Crooke, a man wise, learned and religious, and a Counseller and ju­sticer within the princip [...]litie of Wales. The Recorder of the towne of Bedford, is the right honourable, the Lord S. Iohns of Bletsoe. The Recorder of Bristoll, was a long time Master Poppam, now Lord chief Justice of England. The Recorder of Northampton, before he came to be Judge in the Kings bench, was Master Serjeant Yelverton, a favou­ter of the truth, and an upright Justicer: The Recorder of Warnick was Master Serjeant Puckering, afterward Lord keeper of the great seale: And of the same towne the Recorder now is, a worthy Knight, descended from a noble house, Sir Foulke Grevile: The Re­corder of Coventrie, is Sir Iohn Harrington Knight, a man zealous for the true feare of God: The Recorder of Chichester, was M. Ser­jeant Lewkner now chiefe Justice in the principalit [...]e of Wales. The Recorder of Norwich was Master Cooke, the Kings Atturney gene­rall. And who soever shall enquire, after the names, and after the man­ner of election of all the Recorders, in all other Cities and Boroughs of the land, I doubt not but he shall finde them all, to have been farre from any least shew, of ambitious working, the Citizens, and towns­men to nominate, and elect them. Moreover, as these noble Persons, these sage, grave, learned, and christian Gentlemen, quietly, and in all peacable maner, with upright, and good affection and judgement, and without ambition, have beene chosen by the Citizens, Townes-men, and Boroughmasters, to the office [...] [...]ecorderships. So likewise ma­ny and sundry honourable Counsellor [...], have beene, and as occasion is Honorable Counselors chosen high stewards, without ambitious working. ministred, are daily elected by Citizens, and Townesmen to be their high Stewards, Sir Francis Knolles, an honourable counsellor, and one, whose faith was famous among the Churches as well abroad, as at home, by the election of the citizens of Oxford, remained untill he di­ed, high Steward of the Citie of Oxford. The right honourable Sir Francis Walsingham, by the common counsell of Ipswich, was made high Steward of the same towne: after whose decease, the same com­mon counsell, by their election, surrogated into the same place, the right honourable the L. Hunsdon, late L. Chamberlain. The right ho­nourable S. Christopher Hatton, L. Chancelor of England, by the towns­men of Cambridge, was chosen to be high steward for the town of Camb. The right Ho. the old F. of Arundel; and after him the right Ho. E. of Lincoln, and after his death, the right honourable, the L. high Admirall of England, now E. of Notingham, by the bo [...]oughmasters of the town of Gildford, was elected to be high steward of the towne of Gildford. Of all which honourable persons, and of all other their Peeres, chosen in other places of the Kingdome, by the [Page 92] same meanes, to the like offices, there is great reason, and just cause for the reverend Bishops to carry a more reverend estimation to­wards them, than to burden them as ambitious persons, to have sought their places, at the hands of men affected, and wanting right judge­ment. As for any other offices of credit, dignitie, charge, and govern­ment in the common weal, now remaining in the choise of the com­mons: it may easily be proved, that the common people in sundry places, have bent, and opposed themselves, against ambitious persons, who by sinister, and indirect meanes, have hunted for preferment at their hands.

And what if it cannot be gain-said, but that some publike officers chosen by publike applause of the people, have corruptly behaved themselves, in their charges, and have not so equally, and indifferent­ly distributed justice to all degrees, as it became them: yet this their misdemeanour can no more justly be laid as a fault, nor any more dis­grace, or discountenance the ancient and commendable forme, and manner of election, than the hypocrisie, or counterfeit zeale, of an e­vill man ordained by the bishop to be a Minister, can be imputed unto his letters of orders or manner of ordination. Besides if none be able Knights of the shires [...] other offi­cers chosen by the peo­ple without trouble to the state. to prove, that the choise of the Knights of our Shires, Coroners of the Counties, Verderers of the kings forests, resting in the free voi­ces, and consents of the freeholders; that the nomination of the high Constables being in the disposition of the Justices of peace, at their quarter sessions; that the choise of our peti-Constables, third Bo­roughs, Tythingmen, Churchwardens, wardens for the highwayes, overseers for the poore, side men and such like, remaining altogether in the free elections of the suitors to courts, Leets, and lawdayes, and of the inhabitants, and Parishioners of every Village, Hamlet, or Tything, have beene troublesome to the Lievtenants of the Shires, to the Stewards of our Courts, to the Lords of our liberties, nor to the ordinaries of the Diocesses: If (I say) there be not any one man able to bring forth some few persons, for many yeares passed, by whome the Officers and Magistrates of the Queens peace, have been sued unto, and importuned, for the pacification of any strife conten­tion, or debate of any busie head, or ambitious person, raised among the people, about the choise of any one of these Oficers; then (I say), it is meet and it importeth the Lords Bishops very deep­ly, that for ever hereafter they be silent, and never any more utter so Pag. 8. vile a slander, against so noble a people, as are the people of England: viz. that upon affection and want of right judgement, they will easily be led by ambitious persons to preferre unworthy persons un [...]o all Offices [Page 93] of gaine or dignitie. Or that this Nation of England, upon light causes, is more enclined to broyle, and trouble than any other.

And to speake the truth (as daily experience teacheth us) what No feare of trouble a­bout the choice of an ecclesi­asticall O­fficer. seare of trouble is there likely any way to ensue by reason of dissenti­on, and ambition among the people in the choise of an ecclesiasticall Officer, when most of the people shall rather shun and eschew, than long or desire to beare any ecclesiasticall office? The common peo­ple among whom I dwell use oftentimes many delayes, yea they pro­cure what favour and friendship they can, not to be appointed, to a­ny the inferiour Offices before specified: And why doe they so, but becau [...]e those offices be full of bodily care and trouble? And is there then any Christian, knowing, how the whole soule, mind, and spirit of a man is altogether to be imployed in the discharge of a spirituall function, that will dissentiously and ambitiously seeke to be chosen an Elder?

The admonitor telleth us, that men by experience know that ma­ny parishes upon some private respect, doe send their letters of ear­nest pag. 79 commendation for very unfit, and unable persons, insinuating thereby what an inconvenience might follow, if Parishes had the whole direction, and order to sound out, who were fit and able per­sons. But as this fancie was never yet by any of sound judgement on our behalfe so much as once thought, much lesse insisted upon: so may it please the reverend Bishops to be advertised, that the meanest and simpliest parishioner, among a thousand, can quickly retort this rea­son against their Lo. viz. that no parishes by letters of commendati­on, can commend unso any bishop, any person, as an able and fit man, unto any particular parish or speciall charge, unlesse the same, or some other bishop have formerly ordained him, and approved him to bee a fit and able person for every place. And how then were it possi­ble if the choice of having one, to be their pastor were wholly in the hands of a parish, that the same parish could choose any worse men, a­ny more ignorant, and unlearned men, than their Lords have com­mended unto us. For have they not chosen, sent, and commended such unto us as know not a bee from a batle doore, as uneth know to Ministers sent unto the people, which know not a be from a battle doors. read English, and as know not the Lords prayer from the articles of faith: Of which sort of Ministers, the Parson of Haskam now living a Chaplaine in Winton-diocesse may be produced for a witnesse omni exceptione major. For thus much is to be proved from the report of a good and religious Knight, dwelling within that diocesse, that upon a time in the presence, and at the instant request of the said Knight, when a Protestant bishop of the same diocesse deceased, had deman­ded [Page 94] of the new Parson of Haskam, which was the first Peti­tion of the Lords prayer, the said Parson, after hee had a prety space paused The parson of Haskams answer to the Bishop of Winche­ster. and gased towards heaven at length made this answer, viz. I believe in God the Father Almighty: at which answer the Knight merily smileing, I told you my Lord, quoth the Knight, what a pro­found Clerke your Lordship should finde this fellow. Well how un­clerkely, and how unprofoundly soever, this Clerke then answered, and albeit at that present, he could not obtaine the institution, which he came for, to that benefice (for the good Bishop hated such grosse ignorance) yet this Clerke afterwards, by the corruption of the s [...]me Bishops Chancellour, was instituted into the same benefice, and to this day possesseth it quietly, though he can hardly read Eng­lish to the understanding of his people. I could have enformed him also of many other such Clerks resiant and beneficed in that Diocesse: and namely of the Vicar of W. who upon an holy day, instead of preaching the word which he could not, or in reading of Homilies Fables read in the Church. which he would not, (to terrifie his Parishioners with the judge­ments of God, and to move them unto repentance) solemnly read and published a counterfeit fable out of a little Pamphlet, intitul [...]d, Strange newes out of Calabria, pretended to bee prognosticated by M. Iohn Doleta. Of these and of a number of such able and skilfull Clerks and Chaplains; my Lords of the Clergie may be enformed. [...]f the people had choise of their pastors they would provide better than the bishops send them. And therefore on the behoof, and in the defence of the common peo­ple of England, I am to testifie and to protest unto their Lordships, that by the mercifulnesse and goodnesse of our God, we are not yet become so ignorant, rude, and barbarous, as that we would admit such manner of Clerkes and Chaplaines, to have the cure of our soules, in case, it laid in our power to choose, and refuse our owne Pastours. No, no, our soules, and the soules of our wives, children and families should be more dear, and more precious in our eyes, than that carelesly we would hazzard, all our birthrights, upon the skill and abilitie of such a messe of hirelings, and idoll shepheards. And surely me thinkes it standeth greatly with the charitie of our Lord Bishops to conceive Though the common people bee not able to discerne of pastors, yet the Nobles are able. the Commons, to have so much naturall understanding, as not to choose a cobler, when they want a carpenter; nor to retaine a loyterer in lieu of a labourer, nor to hire a sleeper, in stead of a watchman. But (alas) be it, that the poore Commons of England, were thus wretched and thus bewitched; yea be it, that they were thus despe­rate and besides themselves: should therefore the Nobles and Peeres of the Realm; be as prophane, as impious, and as heathenish as they? Are the great men also unworthy, unable, and unfit to discerne between [Page 95] night and day, betweene light and darknesse? Can they also put no difference betweene good and evill, betweene a blind guide, and him that hath his eye-sight? or have they no better stomach, than to cast up Mithridate, and to digest hemlocke? will they also chuse them Captaines from among Corvisers? and will they call shepheards from among swineheards? or will they take them pastours from a­mong pedlers? or will my Lords of the clergie charge them to bee those ambitious persons, to work the Commons, (for their private re­spect) to the choise of unworthy men? or will they, being themselvs under his Majestie, the worthies of the land) and chiefe guides and leaders of men in peace and in war upon earth, chuse the scumm, the refuse, and the baggage of the land, to guide their owne soules to hell? For to heaven by the labour and industrie of such idoll mini­sters (as whose lips preserve no knowledge) they can never bee brought. A great part of the common people (saith hee) are back­wardly affected towards the truth of Religion: from which back­wardnesse The com­mon people accused to bee back­wardly af­fected to re­ligion. he draweth an argument against the allowance of the pa­stors by the people. But (alas) is there any marvail, that the common people (for the most part) be backwardly affected? For how is it possible, that they should step one foot forward, when either their guides stand still, or goe not at all, or at least run fromward? or can The back­wardnesse of the peo­ple procee­deth from the back­wardnesse of their guides. the common people become good schollers in the schoole of Christ, and learne to know the truth of his religion, when their Masters and Tutors (whom my Lords of the Clergie have begotten, provided, and thrust upon them) be unlearned and irreligious dullards What? Can truth spring from errour? or can light arise out of darknesse? Doe men pluck, or pull corne from a dead stalke, or a full eare from a dead root? Can a Vintener draw wine out of an emptie Casque? or doth a Baker poure meale out of a bottomlesse bag? If then the common people be foolish and ignorant, if they doe erre, and bee irreligious, they may justly challenge the Lords spirituall of unkindnesse, and want of love, not because they have sent Embassadors unto them, as the Gibeonites sent unto Iosua, with old sackes, and old bottels, with old shooes, and old rayment; with provision of bread dried, and moul­ed: but because they have sent them such ambassadors, as have had no sackes, no bottels, no shooes, no raiment, yea and no manner of bread at all. All which notwithstanding, the Admonitor (by the back­wardnesse of the people) laboureth mightily to acquit the Lord Bi­shops, laying to the peoples charge, that this fault hath not happened for want of teaching by the Ministers, but for want or profiting by the people The Scripture (saith he) in no place teacheth us, that the [Page 96] offences and faultes of the Ministers, are alwayes the only cau [...]e, why the word of God doth not take place in mens hearts. It is commonly, and almost always imputed to the way wardnesse, unthankfulnesse, and obstinacie of the people that heare it. But (alas) who ever fancied that the faults of the Ministers of God, were the only cause, why the word of God preached by them, did not enter into the hearts of men? Where the Minister sincerely preacheth the word of God, if there the people doe not worthily embrace the same, the people are only in blame and not the Minister, no, though hee may have many faults: for when they teach the truth, the people are bound to doe as they Mat. 2 [...]. 2, 3 say, and not to doe as they doe, because they say and doe not. But the complaint that hath beene, and is still made is this: namely, that the people generally in most places of the land, and for the most part have no seed at all sowen, for want of husbandmen; that the peo­ple cannot be harvested, for lacke of labourers, that the people could bring forth no fruit, because they were not ered and plowed; and that the people could not heare. What? for want of their owne eares? no, but for want of the Priests lips, which should have pre­served and taught knowledge, and therefore this general backwardnes and unfruitfulnesse of the people in religion, must still light upon such as have beene the occasion that there have beene so few drivers to haite them on, and to whistle them forward. No? why this Realme of England (as saith the Admonitor) never had so many lear­ned men, nor of so excellent gifts, in delivering the word of God; it Pag. 140. is the greatest ornament that ever this Church had; for my part (saith he) surely I doe reverence, and marvaile at the singular gifts of God, that I see in many. And doe my Lords of the clergie marvaile in deed of so great a number of excellent men, and of so singular gifts in them? And should not then also the people marvaile beyond mar­raile, Men of ex­cellent gi [...]ts and men of no gifts, are unequally matched in the mini­stery of the Gospell. that some of the Lords spirituall, for small matters, and of so little importance, should put to silence, many of the chiefest of many excellent and learned men? Nay may not the people be astonished at the little love of some of the Bishops, when as upon displeasure con­ceived against many excellent and learned men, their Lordships suffer, the people to starve, and famish for want of food, rather than those learned and excellent men should breake unto them, the bread of life? But bee it granted that many excellent mens mouthes bee not yet stopped, or if they have beene stopped, they are now opened a­gaine, what is this to that, that they have no moe learned men, or that, they have any hirelings at all? For to what use serveth an hire­ling, but first to rob, to spoile, and to kill, and afterwards to trust to [Page 97] his heeles to trudge, and to run away? As for that, that many lear­ned The use of an hireling The num­ber of ex­cellent Mi­nisters in the mini­sterie, is small, in comparison of unlearn­ed Mini­sters. and excellent men, in many places of the land doe still feed the people, they may bee said (in respect of the people unfed) to bee an handfull, to an house-full, or as an inch to an ell. Besides how are the people fed in many places by some of these many learned men? is not one of them allotted (by a licence in a box) to breake bread unto twenty or forty thousand people? What? by them selves in one place sitting round and close together? Nay but in a thousand and moe Parishes distant farre and wide asunder, and that at sundry times, one time long after another: and what a strange and new kinde of feeding call you that? Is it not as if a victualler, should provide one meales meate for a company at London, and an other meals meat for a company at Lincolne, and an other meals meat for a company at Ex­ceter, and an other meals meat for a company at Bristoll, to feede his The maner of dyet set before the people, by such Mini­sters as wander from place to place. guests, untill he had ridden from coast to coast to provide new viand? And yet this is the common manner of Diet, and the common maner of food prepared and set before the soules of the people. For many of these learned Preachers, gallop from place to place, and trot from pa­rish to parish, and give unto the people at one time, bread, half baked, at another time, beer half brewed; sometimes either meat twice sod­den, or halfe raw, and many times drinke, both dead, sower, and wallowish. And how then is it possible, that the soules of the peo­ple should prosper, wax strong and bee plyable in going forward in the truth of religion, they being so thinly dicted, and entertained with so small cost. But let these gallopers passe, wee will conclude this point: and thus wee say, that the backwardnesse of the people in the truth of religion (how backward soever they bee, and howso­ever the same backwardnesse may happen) can bee no good plea in barre to take from the people of God, their right, interest and free­dom, from the allowance and approbation of their pastour. As for that vaine and ridiculous gibe, whether all (hand over head) men and boys, women and girls, young and old, &c. should give their consents, to this fond gibe, I answer, that there is no such vanitie of vanities in­tended. Answer to the abstract For when we say, that the people of every parish, ought to choose and elect their pastour, wee meane, not that the election should solely bee committed to the multitude, but wee intend onely that the chiefe Fathers, Ancients, and Governours of the parish in the name of the whole should approve the choice made by the holy Ministerie: wherein we follow the example of the ancient people of God, whose affaires were committed to the chiefe Fathers sitting in the gate.

Where the Admonitor hath pretended that it is impossible to bee Pag. 80. brought to passe, which (as he saith) is most of ali pretended for the The people may know a man to be a fit Mini­ster though he bee not brought up among them. common manner of election, that the people may know their Mini­ster, and thereby have the better liking of him, unlesse every parish shall have within it selfe, a Schoole or Colledge, where those should be brought up that shall be preferred to the Ministerie amongst them: this (I say) is another vanitie of vanities, and a vexation of spirit with­out all meane or measure, yea it is an asseveration void of all sense and sobernesse. For is it not possible for a Lord Bishop, to know the equi­ties, condition, and behaviour of a man fit to be retained for his Secre­tarie or Gentleman-usher, unlesse the same party be brought up, in some Schoole or Colledge within his own house? Or is it impossible for his Lordship to know the education, life, learning, gifts of utterance and aptnesse to teach, of a man, and so to have the better liking of him, to make him a Minister, unlesse within his Parish, there be a School or Colledge, wherin such as are to be preferred, to the Ministe­ry be brought up? If then without having any school or colledg, with­in his own house, or within his own parish, for the bringing up of such as are received by a L. Bishop either to his private service, or to the publike ministerie; his Lordship may know, and so have the better liking of them, whom he would preferre. How then followeth it to be impossible, that the people should know their Minister, and so have the better liking of him, unlesse every parish had in it self a School or Colledg, where those should be brought up that should be preferred to the Ministery amongst them? What? is one tongue, of one man alone a­ble to enquire and learn the maners of many men to be ordained & pla­ced Ministers in many places, and are many tongues of many men not able to enquire and learn the conversation of one man to be placed in one place? or have the eyes and eares of one man, sight quicke e­nough, and hearing good enough, to heare and to see into the educa­tion and life of all the Ministers, within all the parishes of one whole diocesse? and are all the eares and eyes of many men, deafe and dimm to heare and to see into the life and education of one Minister, in one parish? If the parish of Maries in Cambridge, or the parish of All-hallowes in Oxford, were destitute of an able, and preaching Minister, might not the people of the first know M. Doctor Overall, and have the better liking of him; and might not the people of the second, know M. Doctor Reynolds, and have the better liking of him to bee their pastour, unlesse Corpus Christi Colledge in Oxford, stood in Al-hallowes Parish, or Kat. Herle in Cambridge stand in Maries parish? or did the Deane and Chapiter, the Clerkes and people of Lincolne, [Page 99] and Winchester, therefore know H. C. and thereby had they the bet­ter liking of him to choose him first Bishop of Lincolne, and second­ly Bishop of Winchester, because he was brought up in some Schoole or Colledge in any of the parishes of Lincolne and Winchester? I trow himselfe, if hee were now living, would not so affirme: and what then should eale the Gentlemen o [...] the Temple, or the people of the Parish of Bow in London, that they may not know, and thereby have the better liking of M. Travers, and M. Barber to be their Ministers, albeit neither of the twaine, were brought up in any Schoole or Col­ledge, in, or about the Temple, or the Parish of Bow? For who knoweth not, that there be meanes enough, and enough to know a man within and without, and to have a good opinion and liking of him, though the same man be not brought up in any Schoole or Col­ledge, amongst them? Wherefore his argument of (cannot possibly be brought to passe) may passe, and repasse, as the only streame of an The people would not do as the ordinaries use to do, first choose Ministers and then set them to schoole: humerous passion. Neither may the people in this case doe as the Or­dinaries use to doe. For the Ordinaries first ordain Ministers; second­ly, they set them to schoole and give them their taskes, that by their Archdeacons they may know, how they profit; and lastly they have the better liking of them because they bee branded with their owne stampe. But the people (I say) may not, ne yet would they, thus un­gainely set the cart before the horse. But they would use all good and circumspect care and diligence, first to know them, secondly upon just and equall cause, to like them, and lastly, upon their liking, to allow and approve them. For how should a m [...]n allow any thing, before he like it, or how should he like it before he know it? or how should he know it, before he had seene, heard, or enquired after it? And here­upon also his two asseverations next insuing, fall to the ground. For albeit he affirme, that if this manner of election were admitted, the Pag. 80. If the peo­ple were admitted, to the ele­ction of their Mini­ster they should be better ac­quainted with him, than now they bee. people (neverthelesse.) should have as little acquaintance with their ministers as now they have: albeit (I say) he thus thought, yet ne­verthelesse his (ipse opinatus sum) I am of opinion, is no (ipse dixit) unto me. No, I averre and hold the contrary to bee true, and there­fore his opinion in this case) to be erroneous. For this cannot be de­nyed, that there is not any one man, or woman amongst forty, in any one parish amongst forty, that can tell, that ever he, or she, did see, or heare, of the Minister appointed, and sent by the Ordinarie, to be Parson or Vicar of the [...]arish Church vacant, before such time, as he did heare, or see, the Parish Clerk to trudge with the Church door keyes, to let in the Sextin, to ring the bell, for the said Parson, or Vi­cars induction, and reall possession.

And if the people of every parish had their consents in the choice and approbation of their minister, were it possible to have lesse ac­quaintance with him than this? For we avow that the people ought not to give their consents unto any pastour, before they have seene him, before they have heard him divide the word, before they have procured a good testimonie of his gifts, from those who by the word have interest to approve him; and lastly before they have gotten suf­ficient notice of his condition, estate, conversation, birth, education, and life. Wherefore these things being carefully and diligently sear­ched into, not by one, but by many, not for a fee, but of dutie, not for reward, but for conscience; not for one day, but for many dayes, I trust it will not still bee holden for an oracle, that the peo­ple should have as little acquaintance with their Ministers, as now they have.

As for the second poinr, that farre greater occasions of partiall suits should follow this manner of common election, whereof wee speake, No partiall [...]uits can follow the election of Ministers by the peo­ple. than now there is: this is also (I say) not true; nay that farre lesse oc­casion of partiall suites, should follow than now there is, this (I say) is true. For by this meanes all partiall suites now happening, may ei­ther be extinguished, or with lesse charges pursued, than now they be. For there can be no suites, much lesse can there bee any partiall suites, when neither plaintiffe, nor defendant may be found, and where also there can lie no writ, nor any action be commenced. For who be the parties betweene whom these partiall suites should arise? Be there many ministers, who for one place, and at one time, are found meet for the same? And doe they sue and contend one against ano­other, which of them should possesse the place? or should these so many partiall suites, consist betweene the inhabitants of one parish; one part leaning to one side, and an other part cleaving to the other side? Touching the Ministers, we affirme that none may or ought to sue or sollicit any mans voice, directly or indirectly, much lesse to la­bour for a place of Ministerie. And therefore, we desire by an irrevoca­ble law (according to the manner of the Medes and Persians) to have it enacted, That as well every procurer, and labourer for a voice, as also No occasi­on of parti­all suits a­bout electi­on, between parishioners every suitor and sollicitor for a place of Ministery, be adjudged ipso fa­cto, incapable for ever of the same place. For the second, touching par­tiall suits to arise betweene the Parishioners, about the election of their Pastor, these suits for ought I yet conceive (wherin I grant I may erre and conceive too little) may easilier be dispatched, than be once begun. Parishioners ordinarily in the Countrey, sue not, ne molest one the other for pleasure, but for profit; they are not so lavish [Page 101] of their purses, nor so careles of their thrifts, as to jangle in vain, when before hand, they know there is no hope of gaine. And indeed what advantage, or what pleasure should Ancients divided against Anci­ents, and chiefe men distracted against chiefe men in a parish, about the election of a Minister, reape by such [...] division, and distraction? Besides by our daily experience, we have learned, that very rarely, or not at all about elections, made by the people of any Officers, either in the Countrey or in Cities and Townes, any variance or partiall suites have beene stirred, betweene the electors. For though some times perhaps they varie in their judgements one from another, yet rest they more wise and provident, than to impaire their owne estate, to advance an other mans reputation. And if in former times there have no occasion of partiall suites (touching publike officers in the common weale) fallen out betweene the people, when out of a mul­titude they have chosen one: much lesse can there be any occasion of No partiall suites can be among parishio­ners, when one only is propoun­ded to bee chosen by them. partiall suites, if only there remaine but one, to bee chosen to bee a Church officer. For if all the ancients agree to choose that one, then is all the suit (about him) ended: and if the greater part disagree, yet this their disagreement can bee no occasion to breed and nourish suit and contention. And why? first because no other cause by the greater part ought to be alledged, to withdraw their consent, but only such a cause as the law should precisely allow, in the same case, to bee a just cause: Secondly, because this just cause before the day of election, ought to be made knowne unto the Magistrate, and by him to be ap­proved; so that if the greater part upon the day of election shall dis­sent, not having before hand alleaged, and provided a just cause of their dislike, the voices of the lesser part (as being supposed the better part) shall prevaile, confirm, and make good the election. Oh! here is much (said my Lords) spoken of a choice, and election to be made by the Ministers and people, by proofes to bee made before the Magi­strate, but here is not any one word spoken, or any mention made of the Patron, of the Bishop, or of the Archdeacon, of presentation, insti­tution, or induction. And what an alteration, and innovation would that be, and what a dangerous attempt were it, to alter lawes setled; and that Patrons should bee curbed, and that Bishops and Archdea­cons should not meddle in these [...]usinesses any more? Well then to wipe away as much as in me lyeth, this cavillous reproach, and oblo­quie from the servants of God, who are challenged to be new fang­led, giddie headed, and fanaticall spirits, strange innovators, and desi­rers of perillous alterations, to wipe away (I say) this slander, If it may please the King with his Princely wisedome to confirme the [Page 102] forme of policie now in use and practice, touching ordinations, pre­sentations, The forme of Church policie now in practice by the Bi­shops, and the plat­forme of Church po­licie, desir­ed to bee planted by pastours, compared together. institutions, and inductions, by Bishops, Patrons, and Archdeacons, with the manner of that platforme of Discipline (con­cerning the substance of these things) which is propounded. And if the propounders preferre but the commandement of God, before the traditions of men; but the Kings Crowne, before the Bishops My­ters, but a feast of fat things, yea of fat things full of marrow, before leane spits and emptie platters; but a feast of wines, yea of wines fi­ned and purified, before sower and untoothsome whey: I hope his Majestie will graciously vouchsafe so to protect the propounders (be­ing his faithfull, loving and obedient subjects) as that hereafter they shall not bee charged with any more so unjust and scandalous im­putations.

The practice and policie then now in use, is after this and this man­ner. The Bishop oftentimes at his pleasure, (beside the law, nay rather Inconveni­ences of bi­shoply or­dination are these, pestering of the chur­ches with unlearned ministers. Vnlawfu [...]l gaine for [...]etters or orders the breach of many good lawes. against the expresse letter of the Law, and publike Canons of the Church) not only ordaineth Ministers alone, without assistants of such number of Ministers, as is required; but he also ordaineth them, (for the most part.) when there is no place of Ministration void. Now the buds which, (to the griefe of many godly men, and to the obloquie of the Professors of the Gospell) have sprung from this man­ner of ordination, have beene these, viz. The publike breach of ma­ny good lawes; the pestering of the Church with multitude of un­able Ministers, together with much unlawfull gaine (by immeasura­ble exaction of money) for letters of orders. For it cannot be denyed, but the Bishops Secretary, Gentleman-usher, grome of his chamber, Butler, Pantler, Porter, and other the Bishops menials, (besides his owne and his Registers fees, and his Clerke for expedition) doe usu­ally (all, or most of them) challenge and receive fees, (some more, some lesse) before the poore Minister with his box of orders can bee suffered to passe by the porters lodge: these are the fruites of the Bi­shops Suits be­tweene the patron and the [...]ishop. sole ordination. The suites which have growen and daily do grow, by the Patrons presentation to the Bishops have been and are these, Sometime contention and suite in law, betweene the Patron and Bishop, for disallowing the Patrons Clerke, for non-abilitie, or as being criminous. Sometimes, if two Patrons pretend right of pa­tronage, Suits be­tweene Clerke and Clerk. if one of their Clerkes be instituted, and the other rejected (as necessarily it must come to passe, for one wife can have but one husband) then followeth suit at law, betweene the Clerk refused, and the Clerke admitted, wherein also the Bishop is made a partie by a writ of quare impedit, sometime suit falleth out betweene the Clerke [Page 105] presented, and the Bishops, when the Clerke calleth the Bishops Suites be­tween the Bishop and the Clerke, (by a double quarrell) before the Archbishop, for not granting in­stitution: and sometime also likewise debate is moved, and law at­tempted, between the Clerke instituted, and the Archdeacon, who Suites be­tween the Clerke and archdeacon: (knowing the Church not to be vacant) refuseth to execute the Bishops inductorie mandat. For many times, upon pretence that the Church standeth void (being indeed full) the Patron, upon suggestion granteth a presentation, and the Bishops also institution; which if the Archdeacon refuse to execute, then (besides the di­scord between the Bishops and the Archdeacon, for contempt of the Suites be­tween the Bishop and the Arch­deacon. Bishops mandat) he, who pretendeth title by vacancie, thinking to have right, though a reall incumbent be in possession, bringeth their two titles to be tried in the Ecclesiasticall Court; but before the matter can be finally sentenced by that Court; many foule riots, [...]ots and breaches of the Kings Peace. breaches of the Kings peace, and unlawfull assemblies, upon en­tries and keeping possessions, doe ensue: as was well enough lately knowne in the case between Rogers, and Baker, for the title to the Pa [...]sonage of Barby, in the Countie of Northampton.

Howbeit, let it be supposed that none of these variances in law f [...]ll out between the Bishops and the Patron, between the Bishops and the Clerke, between the Bishop and the Archdeacon, between the Clerk and the Archdeacon, and between Clerke and Clerke: the exa [...]tion (notwithstanding) of unlawfull gaine, for fees of let­ters of institution, and fees usually payable to the Bishop his Offi­cers, as aforesaid; for fees of the Archdeacons induction; his Re­ster; his Clerke, and his Apparrators fees: the unconscionable ex­action Vnlawfull fe [...]s for let­ters of insti­tution, &c. (I say) of these unreasonable fees, may seeme to be a con­scionable motive, to cause better things than these, without danger to be attempted, and innovated. And yet these are not all the bad events that happen, and fall out upon the presentation, institution, and induction now used. But by the interest whereby the Bishop challengeth to be custos Ecclesiarum, there happen as bad, if not worse than these. For there is no sooner a Church void, but a post is sent in all haste, with letters of sequestration, to sequester the Vnlawfull fees fo [...] let­ters of se­questation. fruits, to the use of the next incumbent. Which next incumbent, for the great care taken to preserve the fruits to his use (before he can obtain to be put in reall possession) must pay Ten Shillings, or a marke, or more, for those letters of sequestration, which as much more also for letters (so called) of relaxation; besides Two pence, Three pence, or Foure pence a mile, for portage to the Somner. And from hence is the Patrone (as I take it) very much injuried. [Page 106] For he being (as it appeareth) by the Statute of 25. of King Ed. 3. Lord and Avower of the benefice, ought to have the custodie and possession thereof during the vacancie. Besides many times wilfull Perjurie by the Clerke, and robbe­rie by the patrone. perjuries are committed by the Clerke, and many times sacrilegious robberies are perpetrated by the Patrone. The Clerke (when he sweareth that neither directly, nor indirectly, any compact, pro­mise, bande or agreement hath been made or passed by him, for him, or in his name to the Patron;) many times forsweareth him­selfe. And if the Clerke be presented to a Vicarage, then the Bi­shop Every Vicar sweareth or ought to sweare to be resident. (if he be faithfull to the law) sweareth him to be resident up­on the same Church: Which oath (notwithstanding) is afterwards broken; when as the same Vicar, accepting another benefice (and retaining withall the former, by purchase of a dispensation) beta­keth himselfe to be resident upon his second Benefice, and so by non-residence from his first Vicarage, committeth perjurie. Touch­ing the Patrons robbery, thus it is, and thus many times hath it fallen Patrones robberie. out. The Patron, when (at the hands of two, three, or moe such perjured Clerkes) he hath (time out of minde) possessed, the man­sion house, or gleebe-land of the Parsonage; finally (in time) spoi­led the Church both of the house, and gleebe-land: the gleebe-land being often intermingled with his owne inclosed grounds, he pos­sesseth them as his owne inheritance; and in steed of the Parsonage house, either he buildeth another new, or else hireth some cottage or farme house for the Parson and his successors to inhabite in. These abuses (we see) are many, and yet, besides these continuing at this day in the goverment established, there remaineth others, as foule, and as grosse as any of the rest: which is the too too inordinate, and licentious chopping and changing of Churches from Minister to Chopping of benefices despensati­ons, &c. Minister; for dispensations, commendames, perinde valeas, res, plu­ralities, and Non-residencies: wherein not the people to be taught, but their own backs and bellies to be cloathed and fedd, is wholly respected. Now then that this manner of goverment, wherein the afore specified, & the like discōmodities daily fall out, under co­lour of not diminishing the Kings Prerogative, of not altering laws setled, of not attempting dangerous innovations, and of the preser­ving of the right of Patrones, Bishops, and Archdeacons, should still be continued without any mention or Remembrance to be once had, of their discontinuance, especially in the time of Peace, and under a Christian Magistrate, and in a state (as he saith) refor­med; we humbly leave to the wise, and mature deliberation of our most Christian King, and State in Parliament. And we most [Page 107] humbly beseech the King and State, that indifferently, freely, and largely, it may be argued, heard and examined; whether it be pos­sible, Supplicati­on to the King and State in parliam. that the tenth part of these, or any other the like disorders, corruptions, and grievances, can possibly fall out in the Church, by that platforme of Discipline, which is required to be planted. And to the end that the Kings Majestie, and the State, might rightly and perfectlie be informed and resolved of those points, whereof we now speake, viz. of the petition, ordination, election, prefentation and admittance of every Parochiall Pastour, to any Church, with cure of soules; how the same may stand, and not be disagreeable to Petition, or­dination, &c. of Mi­sters or Pa­stors, how the same may be made with­out Bishops or Archdea­cons, not dis­agreeable to divers lawes alrea­dy setled. divers lawes already setled, and in force; it is requisite that the sub­stance of these things, in this place be intreated of; wherein against the base office, and meane person of the Archdeacon, we oppose the Royall office, and most excellent person of the King: against the im­moderate office, and stately person of one Lordly Bishop; wee op­pose the meek and temperate cariage of a Senate, or Presbyterie, of many wise, learned, and grave Ministers, together with a Reverend assemblie of the Ancients, and chiefe Fathers of every Church de­stitute of a Pastor. As for the Patrons right, we are so farre from diminishing any jott of the true right which by laws setled he ought to have, as that he shall quietly possesse his interest, and that with lesse trouble and expence, yea and with greater priviledge than he did before. Thus therefore touching the office and person of the King, the duetie of the Presbyterie and people, the right of the Pa­tron, and the person of the Minister to be ordained, thus and thus we say, and thus and thus (as we think) may our sayings well stand with lawes setled.

By an act primo Eliz. c. 1. the King hath full power and authori­tie, by Letters Patents under the Great Seale of England, when, and as often as need shall require, as he shall thinke meete and con­venient, and for such, and so long time as shall please his Highnesse to assigne, name, and authorize, such person, or persons, being na­turall borne subjects, as his Majestie shall thinke meet, to exercise, use, occupie, and execute, under his Highnesse, all manner of jurisdi­ctions, priviledges, and preheminences, in any wise touching or concerning any Spirituall, or Ecclesiasticall jurisdiction, within this Realme of England. Againe, by the booke of ordeyning Bishops, Priests, and Deacons, it is prescribed, that the Bishops, with their The Bb. and Priests must lay on their hands. Priests, shall lay their hands severally upon the heads of every one that receiveth Orders; that every one to be made a Minister, must be of vertuous conversation, and without crime, sufficiently instru­cted [Page 108] in the holy Scriptures; a man meet to exercise his ministerie duely; that he must be called, tried and examined; that he must be presented by the Archdeacon, and be made openly, in the face of the Church, with prayer to God, and exhortation to the people. And in a statute made 21. of King Hen. 8. it is affirmed, That a Bi­shop The Bishops must use six Chapleins at giving of orders. must have sixe Chaplaines, at giving of orders. Besides, by an ancient and lowable custome, the Parishes, and Parish Churches within every Archdeaconrie, remaine unto this day, distributed in­to certaine Deanries, the Parson or Vicar of the auncientest Church, commonly called the Mother Church of the Deanrie (unlesse by Every Arch­deacon di­vided into Deanries. consent, some other be chosen by the Ministers themselves) hath the first place, and is the chiefe director, and moderator of whatso­ever things are propounded in their Synodall meeting; which Mini­ster also is called Archipresbyter or Decanus curalis, according to the appellation of the chief Minister, of the mother, or chief Church of that Diocesse, who is called Archipresbiter or Decanus cathedra­lis: so that unto this day these Ministers meeting at the Archdea­cons visitations once in a yeere at the least, there remaineth in the in the Church of England, a certaine image or shadow of the true, ancient, and Apostolicall conference, and meetings. Wherefore from these lawes, and from this ancient manner of the meetings of Ministers, and of having one principal and chief Moderator amongst them; according to the Apostolicall practice, and usage of the pri­mitive Church, thus already setled in the Church of England, wee humbly leave it to be considered by the Kings Majestie.

First, whether it were not meet and convenient for his Highnes by his letters patentes under the great Seale of England, to assigne, A Minister to be ordai­ned by the Bishops, and a [...]ompany of Ministe [...]s at the Kings commande­ment. name and authorize, the Bishops and six or moe Ministers within every Deanerie continually resiant upon their benefices, and dili­gently teaching in their charge, to use and execute all manner of jurisdiction, priviledge, and preheminence, concerning any spiri­tuall ordination, election, or institution of Ministers to be placed in the Parochiall Churches, or other places, with cure of soules, with­in.

Secondly, when any Parish Church, or other place, with cure of soules, shall be voide, whether it were not meet and convenient, that the auncients and chiefe Fathers of that place, within a time to be limited for that purpose, should intimate the same vacancie unto Vacancie of a benefice to be intima­ted t [...] the King [...] of­fice. the office of the Kings civill Officer, appointed for that Shire or Di­ocesse: to the end the same Officer, by authoritie from the King, might command in the Kings name, the Bishop and other Mini­sters, [Page 109] to elect, and ordaine, and the people of the same place to ap­prove and allow of some able and godly person, to succeede in the Church.

Thirdly, the Patrone (if the same be a common and lay person, A Lay pa­trone, in­steed of va­rying his Clerk may present two Clerks at one time. having now libertie to vary his Clerk, if he be [...]ound unable) whe­ther it were not meet and convenient (to avoide all manner of va­rying) that, within the time per [...]xed, hee should nominate at one time two Clerks, to bee taken out of the Uni [...]ersities, or other Schooles, and Nurseries, of the Prophets, and that the same no­mination be made unto the Bishop, and the said sixe Ministers, to the end that both the Clerkes, being tried and examined by them, the abler of the two might be preferred to that charge. And of this manner of presenting two Clerkes by the Patrone, we have a president not much unlike, in the statute for nomination of Suffra­ganes. By which act, every Archbishop and Bishop, desiring to have a Suffragane, hath libertie to name, and present unto the King two honest and discreet Spirituall Persons, &c. that the King may give to one such of the said two Spirituall Persons, as shall please his Majestie, the title, name, stile and dignitie of a Suffra­gane.

Fourthly, the Bishops and Presbyters having thus, upon triall and A Minister found able for gif [...]s, is to be sent to the parish, that his life may be exa­mined, and to have the consent of the people. examination found one of the Patrones Clerks, to be a fit and able man, to take upon him the executiō of the Ministery in that Church; whether it were not then meet and convenient, that by them he should forthwith be sent to the same Church, as well to acquaint the people with their judgement and approbation, of his gifts and abilitie to teach, as also that, for a time, he should converse, and a­bide amongst them, to the end his life, manners, and behaviour, might be seen into, and enquired after, by their carefull endea­vours?

Fiftly (the people within a time to be perfixed, not making and proving before the Magistrate, any just exception against his life, A man al­lowed for gifts and Conversati­on, is to be ordained with pray­er, fasting, and laying on of hands. A Minister to be indu­cted into th [...] Church, b [...] the Kin [...] Writ. manners and conversations) whether it were not then meete, and convenient, that the Bishop with sixe [...]ther Ministers or moe of the same Deanrie, authorized by the King, as aforesaid, under some paine, and within a certaine time, should be bound (in the presence of the Elders and people, and in the same Church, with fasting, pray­er, and laying on of hands) to ordaine and dedicate him to the Mi­nisterie, and Pastorall charge of that Church.

Lastly, these things being thus finished, whether it were not then meet and convenient that the Bishops with the other Mini­sters, [Page 110] and some of the chiefe of the people, should give the partie ordained, a testimoniall under their hands, or under some authenti­call seale, to certifie the Kings Officer of the execution of his writt; and that the Patron also should present the same person to the Kings officer, humbly praying the same officer, by authoritie to be derived from the King, to cause him by some other writt, to be confirmed, and really inducted, into the possession of the same Church, and into the Mansion-house, glebe-land, and other profits Ecclesiasticall to the same appertaining.

Oh! but this were a strange kinde of innovation, and a dangerous To execute the premisses no dange­rous at [...]ēpt. attempt to alter lawes setled, especially in a setled estate of the Church. Well, well let my Lords of the Clergie sing this song, and pipe this melodie at their pleasure. How be it, forasmuch as this platforme, in some part thereof, hath already been agreed upon by divers Cōmittees in Parliament; in other some part thereof, by laws already setled, ought to have been practised; and that in other some part therof is an advancemēt of the Kings authoritie, which last part also is lively pourtracted out unto us, by presidents from the Archb. & B. themselves, we shall through the grace of God, and favor of the King, be able well enough, quite and cleane to wipe away all the spots of this calumniation. And first, touching the intimation, and supplication to be made unto the King, that his Highnes would Petition and intimatiō [...]o the King, a­greeable to lawes setled. be pleased to command every Minister to be presented by the Pa­trone, ordained by the Bishop and Ministers, and elected by the peo­ple; and that the King, being certified by them of the execution of his writt, should upon their Testimoniall, by another publike writt, cause the Clerke ordained, to be confirmed, admitted, and inducted to the reall possession of the temporalities of the benifice; This manner (I say) of intimation, petition, testimoniall and admittance, in substance and effect, differeth but little from the forme of the pe­tition, [...]. H. 8. c. nomination, election, investiture, confirmation, and conse­cration of the Archbishops, and Bishops of this Realme. For when­soever the Church of Canterburie, Winton, or other Bishops Sea be­commeth destitute of a Pastor, doth not the Deane and Chapiter of the same Sea, intimate unto the King their want of a Bishop? and doth not the same Deane and Chapiter, humbly supplicate his Ma­jesties favour and licence to elect another? and doth not the King, upon their supplication, by Letters Patents under his great Seale, fa­vourably grant their petition; willing them, ut talem eligant in E­piscopum & Pastorem, qui Deo devotus, & Ecclesia suae necessarius, nobis (que) & regno nostro utilis & fidelis existat? And with the same [Page 111] Letters Patents, doth not the King send a letter missive, containing the name and commendation of the person to be elected? After the election finished, doth not the Deane and Chapiter intimate the same also unto the King, and humbly againe pray the King, to yeeld his Royall assent to the Lord elected? Whereupon doth not the King againe direct his Letters Patents of warrant to the Archbishop, or some other, whom the King shall appoint, to performe all things which accustomably are to be done, appertaining to his confirma­tion, and consecration, according to the lawes and statutes of his Realme of England? Lastly, the consecration and confirmation be­ing finished, and the Bishop having done his homage, and sworne fealtie, is not the Kings writt out of the Chancery directed to the Escheator, to restore unto him, the temporalities of the same Bi­shopricke? Yea and may not the Bishop also, if it please him, pro­cure another writt out of the Chancery, directed to his Tenants, commanding them to atturne, and to take him for their Lord?

Now then, in this platforme, whereof mention hath been made touching the placing of a Parochiall Pastor (any Parochiall Church with cure of soules being void) when it is craved that the people of the same parish, might intimate their want unto the Kings officer, and that the same officer might command the Patron to present, the Ministers to ordaine, and the people, according to the Kings lawes, to assent unto, and approve the Clerk; what other intent or meaning have wee then, that the King hath as ample, and as lawfull a power The King hath as large a power to command a Minister to be elected and ordain­ed, as a Bi­shop, to be chosen and consecrated. to command a Minister to be presented, ordained, and elected to be a Pastor in a parochiall Church, as he hath to command a Bishop to be elected, confirmed, and consecrated to an Episcopall sea? And are we not then merveilously giddy-headed, new fangled, and strange innovators? Againe, when wee desire, that the King at the humble suite of the Ministers, the Patron and the people would be pleased, to confirme and admit the Patrones Clerke, in, and to the tempo­ralities of a Benefice, what other thing is required, but that the pos­session of no Church should be delivered unto any Minister, with­out the Kings publike writt. And would not this breed a perillous sturre, garboyle, discord, and contention, when the Archdeacons pretie signet, as Dagon falling downe before the Arke, should give place, bow downe, and doe reverence unto the Kings of Eng­land seale at armes? The Pro­phets ought to be tried by the pro­phets.

Oh! but in this platforme, there be other dangerous innovations and alterations, not to be attempted: Yea? And what then be they? The Admonitor himselfe, in his admonition holdeth: Yea Master [Page 112] Bilson, and all other supporters of the Hierarchie defended, That the Clergie ought to judge of the Clergie, and that the Prophets ought to be tryed, examined, & ordained, only by the Prophets, and that the [...]pi [...]its of the Prophets are subject to the spirits of the Pro­phets. Wherein the cōsisteth the disagreemēt & variance between us & them, touching the ordination of a Prophet, by Prophets, or a Mini­ster, by Ministers? certes to my understāding, there is no other matter of dissonancie in this case, but even alonely this: viz. That he by these words (the Spirits of the Prophets are subject to the Prophets) in­tendeth Corinth. that the Spirits of many Prophets, touching their triall, ex­amination, and ordination, are subject to the spirit of one Prophet, and that therefore one Prophet by his owne spirit may trie, exa­mine, and ordaine many Prophets: Whereas on the other side, we affirme, that one Prophet, according to this rule of our holy faith, Whether the spirits of many Pro­phets sub­ject to one, or of one [...]o many. is to speake, and the other Prophets are to judge, and that no one Prophet may t [...]ie, examine, or ordaine many Prophets: Because from this place, we gather, that the spirits of many Prophets in the ordinary course of the ministerie of the Word, were never sub­jected in this case to the spirit of one Prophet. But in this plat­forme there is no mention made of the King, if hee be patrone, neither is there any institution spoken of; and then how can any action of quare impedit, be brought, to try the right, if two Patrons pretend title to the Patronage: b [...]sides the Patron by this platforme must fetch his Clerks only from the Universities, Schooles of lear­ning, and Nurseries of the Ministerie, whereas now hee hath liber­tie, to present any Clerke wheresoever or howsoever ordained: Againe, strife and contention may arise in the Presbyter, between the Bishops and the Ministers themselves, appointed to be exami­ners, and ordainers, which of the two Clerks nominated by the Pa­tron is most worthy to be preferred. If both the Patrons Clerks for non-abilities, or criminousnes, be refused, who shal then nominate, and to whom shall the election devolve? And lastly, what if the B. & Presbyter shall disallow one for unabilite, W ^ch indeed is notwith­standing, of abilitie to teach? to all these difficulties, thus we answer.

If the Kings Majestie be Patrone, to any benefice with cure of soules, because we judge and confesse him, to be a King, endowed Touching the Kings patronage. with a rare and singular spirit of zeal, for the glory of our God, with an excellent spirit of love, for the salvation o [...] the soules of his sub­jects, & to be the Nehemiah of our age, sent unto us from above, for the building of the walls, & reedifying of the ports of the House of God, which were broken down & devoured: we for our parts doubt [Page 113] nothing at all, nay rather we most certainly perswade our selves, his Highnesse having once beene please [...], to prescribe all wholesome and commendable Lawes, unto his peop [...]e, will also vouchs [...]f [...], much more to prescribe lawes, yea and to be a Law u [...]to himselfe. And that his Majestie will set this businesse of the Lords house, so neare unto his Kingly and Christian heart, by the planting of able Ministers in H. de ley & fidei. 3 l. ex imperfecto. all the Churches, of his Highnes Patronage, a that all other Patrons, by his godly example, will be excited rea [...]ily to walke in the Kings path, to weare the Kings colours, and to become the Ki [...]gs chief fa­vourers in this so holy a worke. And therefore touching the Kings Patronages, cum Magistas imperatoria, l [...]gibu esses [...]luta videatur, we commend them wholly to the Kings most Christian care, pro­vidence, and fi [...]elitie.

The Bishops institution, and writ of Quare impedit, wee grant The Bb. in­stitution may cease. must cease: but in place of institution, the election and ordination by the Presbiterie succeedeth: and the Clerke nominated by the Patron, elected and ordained by the Presbyterie; shall have idem jus, ad Ecclesiam, & in Ecclesia, which in former times, the Clerk pre­sented by the Patron, and instituted by the bishop, was wont to have.

If any suit in law, happen for the right of Patronage, between two or moe Patrons, pretending title to the gift of one benefice: It seem­eth If suit fall out between two patrons what then may bee done. that this gift might have far easier, and more speedy way of tri­all, by some other writ, than [...]y the writ of quare impedit; for upon this writ many times by negligence, or unskilfulnesse of the Attur­nies it falleth out, that one of the parties is driven sometimes to sit down by great losse, and not to have his title tryed at all, only for wan [...] of some ceremoniall form, no [...] observed in the pleadings of the cause: And therefore both Patrons, within the time to be limited by the kings writ, having nominated their Clerks, to the Presbytere, as hertofore they presented to the B. we leave it to be considered, whe­ther it were not meet, and convenient, that the Presbyterie should wholly defend [...]he election, and ordination, of either their Clerks, un­till the right of patronage were finally adju [...]ge [...] before the K. Justi­ces at the common Law: upon which judgement passed, they might then without scruple, or impediment, proceed to the full election, & ordination, of that patrons Clerk, for whom the judgment was gi­ven. By which manner of tryall, if the action might bee brought in the name of patron against patron, the Clerkes should not only bee freed from much obloquie, whereunto they are now subject, by pro­secution of suits at law, one Clerke against another, but also they should be exempted, from all expence, labour and turmoile, with [Page 114] which heretofore they have incumbred themselves, to the hinde­rance of their studies, and decay of their estates, by pursuing the Patrons title, at their owne charge. Neither might the occasion of suit about the right of patronage, be any let or hinderance that the Church in the meane time should be left as a Widow destitute of an husband. For any one of the Clerkes nominated by either of the pa­trons, might be appointed by the presbyterie, to preach the Word, and publikely to pray, untill the controversie were ended. And out of the fruits also of the same Church, remaining in the custodie of one of the patrons, or sequestred by the king to the use of the next in­cumbent, he might have such allowance, as were requisite for the time of his continuance in that place. And for the Sacraments, if a­ny were of necessitie to bee administred, some other Minister neare adjoyning, might be provided to administer the same, as in many places, it hath been, and is now daily used, in like cases of vacancie.

That the Patron should be curbed with too hard a bridle, as be­ing barred to fetch his Clerks from any other place, than from the The curb­ing of a pa­tron with too hard a bridle an­swered. Vniversities or other Schools and nurceries of learning, is a matter, if it be well weighed, of lesse importance, than the Admonitor would insinuate the same to be. First it is not of necessitie required, that all patrons should at all times fetch all their Clerkes, from those places and not from elsewhere. For many times it may happen upon just cause, (for the benefit of the Church) that a Clerk already ordained, and placed in one Church, may be removed from the same, to ano­ther. But only the meaning is according to the Lawes and canons alreadie setled, that the greatest part, of the patrons Clerks, must of necessitie be called thence, because they can not elsewhere be had.

Now then whereas the law intendeth every Church to be a wife and to have an husband; to be a bodie, and to have an head; the law as a parent unto the Church hath provided, untill she be widow in­deed, that no husband be provided for her. And therefore by sundry [...]. de pre­bend. c. tuis l. 6. de pre­bend. fi Epi­scopus. as well ancient Decrees, as by Canons of Discipline, made and pub­lished by the Bishops 1571. it is decreed and confirmed, That the Bishop shall lay his hands on none, or at any other time, but when it shall chance some place of ministration is voide in the same Dio­ces. As for stipendarie Curats it is expresly against the policie of our Church, that any should be ordained a Minister, to serve only as an hireling. From which Decrees and Canons, already setled (as I said before) it followeth for the most part, that the patrons Clerks to be ordained, of necessitie must be called from the Vniversities; or o­ther [Page 115] places of learning. For if every place of ministration, be full, and none must be made a Minister untill some place be void, then al­beit some patrons, upon good causes to be allowed by publike disci­pline, might be permitted to nominate some Clerkes already placed in administrations: Yet in the end, as well the patrons of those Churches, from whence these are to beremoved, as other patrons also (many benefices at one time being void) must of necessitie, seek out men, to be ordained, which never were ordained to the ministe­rie before. And where are these to be sought, if not only at the Vni­versities, or other Schooles and nurseries of learning? For that pro­phets in the ordinarie time of prophesying, should bee taken from the feet of the Apothecaries, Taylors, Drapers, Milners, Mercers, or Prophets in the ordina­ry time of prophecy­ing to be ta­ken out of the schooles of prophets. from the butry, pantry, kitchen, celler, or stable, of any Bishop, Peere, Knight or Gentleman, and not from the feet of the prophets, is a thing abominable, and odious unto God, and man. Wherein then, doth this platforme, in this point of fetching Ministers, only from the Vniversities, or other places of learning, differ from the intend­ment of lawes setled? Or wherein can the patrons receive any de­triment by such a practice? Nay they are so far from receiving any prejudice hereby, as indeed both they and their Clerks shall reape great commoditie by it. Wherein I grant some discrepance, to con­sist betweene the Bb. practice, and this platforme. For the Bb. at The diffe­rence be­tweene the platforme and the bi­shops pra­ctice. one time, allow a Clerk for abilitie, and at another time, disallow the same Clerk for nonabilitie. And him whom they have ordained, and adjudged, to day, worthy of an office, they many times disordaine him tomorrow, and refuse him as a person unworthy, to possesse a benefice: Whereas on the contrary part, wee think it very absurd, and unreasonable to barre any man from a benefice, whom the Go­vernours of the Church shall judge worthy to beare an office. So that the patrone by this platforme, sha [...]l be sure, if at any time hee nominate a Clerke alreadie ordained, that the same Clerke (unlesse it were for Crime, or some defect after happening) should never be re­fused. And if such be the lawes and liberties of the Ordinaries, what alteration of the law, or prejudice to the patron, could it be, if by a new law, the King provided new meanes, to put his old lawe, in due execution?

It upon difference of judgment, any variance should arise, between Vpon diffe­rence of judgment a­bout the a­bilitie of a Clerk what may bee done. the Ministers appointed to elect, and ordaine, which of the patrons Clerkes were most worthy, the same diversitie wee assure our selves, can breed no greater inconvenience, nor further danger, than doth now daily fall out in the election of Schollers, fellowes, and [Page 116] heads of houses in the Vniversiti [...]s, or of other Officers in Colledges, Cathedrall Churches, and bodies politike or corporate. As those con­troversies therefore have beene, and are appeased by the good orders and laws of those places, even so might these also. And therfore some good law might be made to this effect, viz. If any foure of the seven did agree together, upon any one [...]lerke nominated by the patron, that the same foure should strike the stroke, and make the election good, against the other three. Neither doe we think it to stand with reason, that the Archipresbyter, or any other Minister among the seven, should necessarily be of the qu [...]rum. For if any one of the se­ven, should necessarily be of the quorum, then (having, as it were, a negative voice against all the rest) if he should be wayward, and apt A Clerk re­fused for nonabilitie to whom the nomi­nation may devolve. to contention, he might then alwayes frustrate the election, either by opposing himself to all the rest, or by inclining to the lesser, and worser part, as lately came to passe about the election of a Scholler, among great Doctors. If both the Patrons Clerks, should bee disa­bled by those, unto whom the judgement of their nonabilitie did ap­pertain, we leave it to be conside [...]ed, whether the right to n [...]minate, elect, and ordain, for that time only, might not hereafter devolve unto the presbyterie, as in like case it hath done heretofore unto the Bishops. And from that Presbyterie, if the same should make de­fault, that the be [...]efice, should be then in lapse unto the king.

Lastly, touching the nonabilitie of a Clerke: i [...] the Clerke whom A Clerke wronged by a refusal for nonabilitie how he may be relieved. the presbyterie should refuse, come from one of the Vniversities, then as a Clerke before time refused for nonabilitie, by the Bishops was to be tried by the Archbishop, and by him to be allow [...]d, or dis­allowed, so in this case we leave it to be conside [...]ed, whether it were not meet that this Clerke so refused, and complaining himselfe unto the Magistrate, to be wronged, should have his abilitie to be again tried, by that next Synod of Ministers to be congregated within that Deanry. And if upon tryall made, and bringing a testimoniall under some authentike seale, from the Synod, of his abilitie: whether the Presbyterie, upon a good paine within a time to be prefixed, should A Clerk re­fused for crime to whom the nomination may devolv [...] not be constrained, to ordaine and dedicate the same Clerke, to the Ministerie of the same Church. And as for the refusall of a Clerke by the Presbyterie, upon objection of crime, if the crime be so hai­nous as for which by the Canons of the Church, hee might not bee promoted, to the Ministerie, then is it to be considered, whether the p [...]esbyterie in this case also, as in the former of nonabilitie, might not nominate, elect, and ordaine, the Clerke to that place, for that time only? and upon the presbyters default, the lease also to be un­to the king.

And thus have we compared, the manner of Church government, The bene­fits ensuing the plat­form of or­dination &c. requi­red. now in use, touching these points, with th [...] [...]orme of Discipline, which is desired to bee planted. By which comparison the Kings Highnesse, may very easily discer [...]e, the differences betweene them, to be such, as whereby the Kings dignity and prerogative, shall high­ly be advanced, the Kings poore subjects, both Ministers and people, diverse wayes eased, and unburdened, and the Lawes better obser­ved, to the unspeakeable peace, and tranquillity, both of Church and Common-Weale. The Prophets tryall of the Prophets; the peoples approbation of their Pastours; the Ministers entrance into their Ministery, according to the Apostolicall practice of the Primi­tive Church, would be a meanes utterly to extinguish, that schisme, that remaineth yet among us; that we have no Christian Ministers; no Christian Sacraments; no Christian Church in England. Be­sides, the Ministers, for Letters of Orders; Letters of Institution; Letters of Inductions; for Licences to serve within the Diocesse; for Licences to serve in such a cure; for Licences to serve two cures in one day; for Licences to preach; for Licences of resignation; for testimonials of subscription; for Letters of sequestration; for Letters of relaxat [...]on; for the Chancellours, Registers, and Somners dinners; for Archidiaconall annuall, and for Episcopall trienniall procurati­ons, the Ministers (I say) to be nominated, elected, ordayned, ap­proved, confirmed, and admitted, by the Patron, by the Presbytery, by the People, and by the King, should be disburdened, from all fees, for these things, and from all these, and such, and such like grievan­ces. Onely for the Kings writts, and for the traveile and paines of His Highnesse Officers, taken in, and about the execution of the same wr [...]tts, some reasonable fees, (as it shall please the King,) may be taxed, and set downe. The people also in soules, in bodies, and in their goods could not be much comforted, relieved, and benefited. They should not henceforth to the perill of their soules, have unlear­ned, unable, and undiscreete Ministers thrust upon them, and set o­ver them: Neither should they bee compelled, upon light occasions, to take many frivolous oaths in vaine. They should not bee sum­moned, from one end of the Diocesse, unto the other: nor be posted from Court, to Court, and from visitation, to visitation. The Church-Wardens, and Side-men of every Parish, should not upon paine of excommunication, be constrained, once, or twise in the yeare, to pay six or eight pence, for a sheet of threehalfepeny articles. They shall not any longer, out of the common treasury, reserved for the poore, beare the charge of their Parishes for making bills, visitation and di­verse [Page 118] other expenses. There should be no more suits at Law, between Clerke and Clerke, about the Patrons Title; no more suites of double quarrell, betweene the Clerke and the Bishop; no more de­bate betweene the Bishop and the Arch-deacon; and lastly there should bee no occasion of any riots, and unlawfull assemblies to bee made upon entries and possessions, by vertue and colour of two pre­sentations, two institutions, and two inductions, into one benefice, at one time. The Patrons as being Lords and avowers of the Chur­ches, might have the custody of the Churches, during their vacan­cies, and their ancient right, in this behalfe, restored. All swea­ring of Canonicall obedience, unto the Bishops by the Ministers: all 31. Eliz. c. 6. swearing, and forswearing of Clerkes, for any symoniacall bands, promises, or agreements, betweene them and their Patrons, and all robberies and spoyling of the Churches, by the Patrons, should de­termine and cease. Especially if it might please the King and Par­liament, to have one clause of a Statute, against abuses, in election of Schollers, and presentation, to benefices enlarged. For al­though every corrupt cause, and consideration, by reward, gift, pro­fit, or benefit to present, be inhibited by that act; yet notwithstan­ding by experience in many places we finde, that the Patrons for small rents, and for many yeeres, are in possession, some of the man­sion houses, some of the glebe lands, and some of the tythes, of such benefices as since the publishing of that act, have beene bestowed up­on Clerkes: which breedeth great suspicion and jealousie in the mindes of men, that the Clerke and Patron at the beginning direct­ly or indirectly, did conspire to frustrate and delude, the intendement of the statute: And therefore wee leave it to bee considered by the Kings Majesty and Parliament. If any Clerke after confirmation A means to restrain pa­trons from corruption. and possession to any benefice, hereafter to bee made and given unto him, shall willingly and wittingly, suffer the Patron of the same be­nefice, or any other person, in his name or to his use, directly or in­directly, mediatly or immediatly, to use, occupy, or enjoy, the man­sion house, glebe land, or other ecclesiasticall commodities, or any part thereof, belonging to the same Benefice: In this case (I say) we leave it to be considered, whether it were not meete and conve­nient, that every such willing and witting sufferance by the Clerke, and every such willing, and witting possession, use, or occupation, by the Patron, should not bee adjudged, to bee a just cause, to de­termine the presentation, to have beene first made upon corrupt re­spect, and consideration. And that therefore the Clerke, ipso facto, to [...]ose the benefice, and the Patron, ipso facto, to forfeite [Page 119] his right of Patronage to the King, for the two next turnes follow­ing. And these being the principall reasons, and grounds of our desires, wee are humbly to pray the Lords spirituall, either to con­vince them of indignitie, insufficiency, and incongruitie, or else to joyne with us unto the Kings Majestie, for the restitution of that manner of Government, which they themselves confesse to have beene practised, at the beginning by the Apostles and Primitive Church: but the Admonitor hath yet moe reasons unanswered a­gainst this platforme.

ASSERTION.

In some part to justifie this opinion, I grant, that no man is able in these dayes, to devise, to bring it to passe, that every Parish should have a Learned and discreet Minister. And why? because in these dayes not any one Bishop hath afforded, to ordaine one Learned and discreet Minister, for five Parishes: secondly, because where some of the Reverend Fathers, have ordained and placed in many Parishes, many Learned and discreet Ministers, some others of the same Fathers, have againe disregarded, and dis­placed those learned and discreet Ministers, and in their roomes have [Page 120] placed many unlearned and undiscreet Ministers. Now then if these dayes wherein so few learned and discreet Ministers, and so many unlearned and undiscreet Ministers be ordained, and wherein also, so many learned, and d [...]screet Ministers are disgraced, and so many un­discreet and unlearned Ministers graced: If these dayes (I say) were ended, then albeit no perfection, whereof never any one of us drea­med, could be attained unto, and albeit no one man were able to de­vise, how to bring it to passe, that every Parish should have a learned Minister: Yet neverthelesse, all good and holy meanes being used, to ayme and to shoot after perfection, and all good and holy men laying to their heads, and applying their hearts to further this enter­prise, and service unto God, we know that the Lord might call, and make, and fill with the Spirit of God in wisdome, and in under­standing, and in knowledge, and in spirituall worke-manship, many Bezaliels, and many Aholiabs, spiritually to carve, grave, and im­broyder the Lords spirituall Temple. The perfection therefore after which we long, and the change of the Clergie, whereof we intreate, is but such a perfection, and such a change, as (good meanes for the restitution of impropriations being used) may easily be attained, and well made. For the perfection required by us, to be in a Minister, What per­fection of a Minister is required by this plat­forme. is none other than such as the holy Law of God, and the Lawes, Ca­nons and Injunctions already setled, doe require, viz. that every Minister, to whom cure of soules is committed, with some compe­tent knowledge, according to the measure of the grace, of the gift of Christ, be able to teach, to exhor [...], and reprove the people, yea and to convince the gainesayers, if any should arise among them. From whence also springeth the change intended by us: viz. that in the Churches of all Ministers, unable to teach, &c. There might bee a change of Ministers able to teach, &c. Wherefore if the Admo­nitor meant otherwise then wee intend, and if upon placing a learned and discreet Minister in every Parish, he should not intend, the change of the High [...]nd Papall state of Prelacy: then either is not his an­swer pertinent to the question, or else it must necessarily follow, from his intendment, that the high and Papall state of Prelacy, and Prelacy & a learned Ministery cannot stand toge­ther. the placing of a learned and discreet Minister in every Parish, are like unto Coleworts planted among Vines, or unto Parsly sowed a­mong Bishoppes Weed, which will never spring, grow, and pros­per together. Because the rising of such a Learned Ministery must bee the fall, ruine, and breake-necke of Prelacy. And this fol­loweth inevitable upon his owne reason, drawne from the taking away of the great rewards of learning, by the change of the Clergy.

For the great rewards of learning, whereof he speaketh, must of necessitie be the Prelacies, viz. Arbishoprickes, Bishoprickes, Dean­ries, Archdeaconries, Prebendaries, Canonries, Chanterships, Com­mendames, non Residencies, and Pluralities. And then let us ob­serve, whether in effect he hath not reasoned thus: If prelacies (be­ing the great reward of learning) should nor stand, and not be chan­ged, there is no man able to devise, how a learned and discreet Mi­nister may be placed in every parish: but if prelacies (the great re­wards of learning) may once be changed and not stand, then were it possible to have it devised, that a learned and discreet Minister, might be placed in every parish. And then hath he not profoundly, and learnedly disputed, when he hath preferred the Damsell before her Dame, and the maid before her Mistresse? When hee hath ad­vanced a great deale o [...] learning in one before a great deale of learn­ing in many, and learning in some places, before learning in all pla­ces; lastly, when by continuance and furtherance of the great re­wards of learning, he [...]ath greatly hindered and discontinued lear­nednesse, and greatly furthered and continued u [...] learne [...]nesse? For if Prelacies were no hi [...]derance [...], but only furtherances of discreet and learned Ministers; and againe if prelacies were no furtheran­ces, but only hinderances [...]f unlearned and undiscreet Ministers, to be had in every parish, th [...]n might the rewards of learning still re­maine, that men should not be di [...]couraged, to send their sonnes to the studie of good learning. For generally men be not so much in­couraged, to set their sonnes to learning, where a few great re­wardes Men are more en­couraged to learning, where many good re­wards than where few great re­wards are provided. of learning are provided for a few men greatly learned, as where many good rewards of learning, are provided for many good learned m [...]n. A [...]d to speake as experience teacheth us, and as the truth is, what one father among twenty, will dedicate his sonne, to learning, if men (as the case now standeth under prelacie) not brought up at the feet of Gamaliel, but at the feet of some swash-buck [...]er; not taught from any Doctors chaire, but schooled upon some crafts man stoo [...]e, when men who can but reade, and cannot preach, may be Ministers and capable of the fattest benefice; within a whole Countie? In the Common-weale, if there bee many places of honour, profit, and dignitie, for such o [...]ly as have valiantly served the King in his wars, or carefully attended upon him in the Court, then will many fathers incite and incourage their sonnes to prepare and furnish themselves to the warres, and to the Court. But if all mens sons in the Camp, and in the Court bee capable of entertain­ments alike; if as well a labourers sonne following the Cart, as a no­ble [Page 122] mans son a waiter in Court, may be the Kings Lord Chamber­laine, in time of peace; and if as well a Carpet Knight, as a valiant warriour, may be Lord generall in time of warre, would any father for many yeares together, costly, and gorgeously brave his sonne at Court; or would any father adventurously, and dangerously hazard his son in the field? Again, fathers doe not therefore send their sons to be students, at the Innes of Court, or to be apprentises in the City of London, only in regard, that they may bee all great Citizens, and all great rich men, and all great Lawyers, and all Judges of the Land. It sufficeth all parents, and the purpose and intent of all parents is, that their sons being such Lawyers, and such Citizens as by their law, and by their trades, they may thrive, and live Barrester-like, and Lawyer-like; Marchant-like, and Citizen-like, though they be not a­ble to live Serjeant-like, or Judge-like, Alderman-like, or Lord-like. In like sort questionlesse, would it be an excellent incouragement, to many fathers, to send many sons unto many Schooles and Vniver­sities of learning, if so be there were many and good rewards, rather than few and great rewards provided for many, rather than for few learned men in the Church. For if there be but few rewards, albeit the same be great, then but a few fathers among many, will adven­ture the spending of their substance, upon a vaine hope, that their sons shall obtaine great rewards of learning. For what father know­eth the capacitie, and diligence of his so? Or who can divine that his son, shall be one among the number of a few men greatly learned, worthy of a great reward, and to live Deane-like, Archdeacon-like, Bishop-like, or Archbishop-like? Wherefore if such a change of the Clergie, as whereof wee speake, were made, that is to say, if [...]n unlearned, and undiscreet Ministerie, were changed into a discreet and learned ministerie: it is not to be doubted, but a farre greater number of sons, would be sent by their fathers, to the stu­die of good learning, than now there be.

From whence also it followeth, that either Papall Prelacie is the Prelacy the bane of a learned mi­nisterie. only bane of a learned Ministerie, or else that an unlearned Ministe­rie, is the untimely fruit of the wombe of Papall Prelacie. Both which twaine, rather than one of which twaine, being true, we leave it to be considered, whether the mother conceiving too soon, or the daughter borne out of time, or both as an afterbirth, and superflu­ous members should be cast away, and cut off from the body of the Church? The admonitors next argument, is drawn from the small continuance in the Vniversities.

ASSERTION.

This argument is as an headlesse arrow shot against a corslet of steele, out of a bow unbent, for what can this argument pierce, when in effect the conclusion is thus:

If every parish should have a learned and discreet Minister, then men should have but small continuance in the Vniversitie, to make them men of ripenesse, or of any profound knowledge,

But that men should be of small continuance in the Ʋniversitie, and should be drawn away, before they come to ripenesse or profound knowledge, is not meet.

Therefore it is not meet that every parish should have a learned and discreet Minister.

The reason of which consequence is thus: viz. The very neces­sitie of places (saith hee) shall draw men away before they come to Page 80. any ripenesse: The learnednesse then, and discretion, of a Minister, by his reason, dependeth upon his long continuance in the Vniversi­tie. And what shall we then say of the learnednesse and discre­tion, of such Ministers of the Bishops making, as did never continue in the Vniversities, one day in all their whole life; but hereunto they answer, that the very necessitie of the one, is so great, as that the people must have prayer said, and the Sacraments administred, lest the people in the countrey should grow to an heathenish barbaritie: unto which answer, againe I reply and reason thus: if a man of un­learnednesse and without knowledge and ripenesse, may be a Mini­ster, then a man of small learnednesse, of small knowledge, and of small ripenesse, may be a Minister much more; and againe:

If necessitie of places may draw men of no continuance in the Vniver­sitie, of no knowledge, and of no ripenesse, into the Ministerie: then may the necessitie of places draw men of small continuance, know­ledge, and ripe [...]esse,

But the necessitie of places may draw men of no continuance, know­ledge or ripenesse into the Ministerie:

Therefore the necessitie of places may draw men of small continuance, knowledge, and ripenesse, into the Ministerie.

The second proposition of which syllogisme, is confirmed by pra­ctice, and precept, by word, and by deed, of most of our reverend Bishops. And then from their owne practice, I argue thus: if the necessitie of saying prayers, of reading service, and of deliverie of the elements, be of necessitie, and of necessitie require unlearned Ministers: rather than no Ministers: then much more the necessi­tie of having faith, the necessitie of the salvation of our soules; and the necessitie of God his glorie, is of necessitie; and being of neces­sitie requireth Ministers of small learning, of small continuance, of small knowledge, and of small ripenesse: rather than Ministers of no learning, no continuance, no knowledge, and of no ripenesse. And if faith, salvation of men, and the glorie of God, as soundly, and Faith mo [...]e necessary to be preached than the sa­craments be [...]ministred as sincerely may be preached and promoted, by young and rude Ti­mothy, as by aged, learned, and eloquent Apollo, what necessitie is there of continuance in the Vniversitie, to obtaine more profound knowledge, or any other riper understanding, than is that know­ledge, a [...]d that understanding, whereby faith to the salvation of men, and to the glory of God, is of necessitie to be preached? A­gain, if by continuance in the Vniversitie, profound knowledge, and ripenesse, be so necessarie, that (as is pretended) in respect thereof, a change of the Clergie may not be made, and that unlearned, and undiscreet Ministers, as it were by necessitie, should still bee placed; then seemeth it reasonable, to move the L. Bb. that it would please them to effect an abolishment of some of the statutes, of all the Col­ledges in Oxford and Cambridge: whereby all Masters of Art, of what youth, ignorance, or rudenesse soever they be (excepting some small number, which by order of their foundation, he put apart to the studie of Law or Physick) some after two, some after three, and some after foure years of their commencement, are compelled either to enter into the Ministerie, or to leave their fellowships: Nay in some Colledges, if Bachelers of arts bee chosen fellows, and bee not Mini­sters after one yeare, by statute they lose their places. The princi­ple reason of the founders of all which statutes (to my best remem­brance) is this: namely that the harvest being great, and the labou­rers but few, many labourers, shall be sent from those Colledges, into the harvest. Neither can it be intended, that many labourers of long continuance, many labourers of profound knowledge, or many la­bourers [Page 125] of ripenesse should be sent. But it is simply provided, that many labourers, and not loiterers should be sent, and yet now the Admonitor rather than that some loiterers should not be sent, con­tendeth to seclude some labourers from the worke. Besides, how can they be of any long continuance, of any ripenesse, or of any pro­found knowledge, in the mysteries of faith and godlinesse, when not having accomplished the age of 24. years, 26. or 28. years at the most, and not having given themselves above 2. 3. or 4. years at the most, to the studie of divinitie, nay which after the studie of 3. or 4. years of Philosophy or arts, and no studie of Divinitie, must notwith­standing enter into the ministerie? wherefore from the statutes of the Colleges in the Vniversities I thus dispute: If the necessitie of the College statutes, doe compell:

All Masters of Arts before mentioned, and some Bachelers of arts not having any profound knowledge, or being but of small continu­ance, or not of any ripenesse, either to leave their Colleges, or to en­ter into the Min [...]sterie, then much more the nec [...]ssitie of preaching faith, the necessitie of being saved, and the necessitie of God his glory may compell men of small learning, of small knowledge, of small ripenesse, and of small continuance, to execute their ministe­rie, rather than that any parish should be necessarilie clogged with a Minister of no learning, of no discretion, of no knowledge, of no ripenesse, and of no continuance.

But the necessitie of the College statutes doe compell the one, Therefore the necessitie of Faith, &c. may compell the other.

ASSERTION.

But who taught him to father, or to fasten this untruth upon us? only then this might suffice for answer, that hee did never yet [Page 126] heare, any one of our part, so much as call, much lesse to cry for di­scipline No disci­pline by ex­communi­cation only called for. Discipline by excom­munication onely, no more to bee suffered. by excommunication only. For wee say cleane otherwise, viz, that the Discipline of the Church ought not to be executed (as now for the most part it is) by excommunication only. This man­ner of discipline therefore, by excommunication only, is one of the disorders in the Church, used by the reverend Bishops, and which wee so much desire, to bee reformed. And for this cause we in­treat their Lordships, to forbeare the practice of that, which (as it seemeth) they would so faine have others to mislike.

But happily this was not the marke whereat the Admonitor shot; for Bishoply and Archdeaconly excommunication, being daily u­sed, it is like that he bent his bow, and aimed at that excommuni­cation only, which is pastorall and Elderly. Against which forme and manner of excommunication, let be so, that some learned men of this age, have at large declared in their workes, set forth to the world, that the same will be of most men contemned, and that it will be of small force to bring to effect, any good amendment of The wri­tings of som learned men not sufficient to condem [...]e [...] excommu­nication by pastours and Elders. life, let this (I say) be granted, what of all this? must the Church of England therefore, dislike and reject the same? God forbid. The whole doctrine of Faith and Sacraments, we know to bee of most men contemned, and to be of small force to bring most men from superstitious and popish idolatrie. And how then is it pos­sible, but that the sword of this doctrine, should have as little enter­tainement amongst most men as the doctrine? He that casteth a­way the kernell, will much more despise the shale: And hee that setteth light by the sword, will set lesse by the scabberd. It sufficeth then that the children of the Church in England, striving to enter in at the narrow gate, and embracing the doctrine of the Gospell, it is sufficient (I say) that they submit and subject their necks unto the yoke of the Gospell, for what have we to doe with them that are without? Doth the law of England endight, condemn and judge a Spaniard resiant in Spaine?

The Admonitor himselfe affirmeth (at the time when our Savi­our Christ said, dic Ecclesiae) that there were many presidents as it page 134 were, and governours of the Church together with the chiefe Mi­nisters page 135▪ The Bb. confesseth that the Minister and Elders, did governe in the pri­mitive Church. of every congregation; nay further hee saith tha [...] he will not deny that the Apostles afterward, and the primitive Church, did practise the same.

These some learned men then, e [...]ther must shew, and prove (un­to us the children of God in England,) that this forme of govern­ing the Church, and excommunicating by many presidents and go [Page 127] vernours, together with the chiefe Minister of every congregation, was given to the Churches in the time of Christ and his Apostles, but only for that time, and that therefore that form is now at an end, and ceased, or els it must be confirmed unto us, that God hath in these dayes altered and changed his mind touching England, and that hee hath by some new vision, or revelation, commanded the Re­verend Bishops in these dayes, to teach the Church of England, that he will not have the same manner of Government used in the Church of England, because it would be of most of his Children in England The opini­on of some Learned men not sufficient for the Church of England to depart from the word. contemned, and of small force to bring to effect any good amend­ment of life in them: for albeit all the Learned men in the world, had declared as much in their workes set forth to the world, as is here spoken of, what were that to the children of God in England, un­lesse the same Learned men, had taught unto us true learning from the mouth of God? How much lesse are we bound to regard, what only some Learned men of this age have declared unto us, the same some Learned men having no warrant out of the holy Booke of God for such their Learning? For if the declaration of some Learned men of this age, in their workes set forth to the world, may be a sufficient warrant to draw men from the way of truth: then hardly let the declaration of Doctor Harding against the true use of the Lords Sup­per, and then let the declaration of Osorius against justification by faith, and the declarations of Bellarmine, against diverse Articles of our Religion, and the declaration of Doctor Allen, against the execution of Justice in England, and the declaration of Doctor Saunders, a rebellious fugitive, in the defence of the Popes Bull, and the declaration of G. T. for the pretended Catholikes; and lastly, let the declaration of the Pope, and his whole Clergy, excommu­nicating our late Soveraigne Lady the Queen deceased, bee received, and listned unto. For who can deny but that these men were some men, and that these some men were also some learned men, and who then seeth not the loosenesse, the vanity, the trifling, and the toying of this argument.

The Argument following which the Admonitor would seeme Page 81. to let passe, drawne from experience, is of like quality. For though experience (as hee saith) teach that men of stubbornnesse, will not By excom­munication of Pastors▪ and Elders, moe can not bee out of communion than in communion shun the company of such as bee excommunicated, and though such men of stubbornnesse, must be also (as he saith) excommuni­cated, for keeping of company with them, yet to affirme, that by meanes of Pastourly, and Elderly excommunication, moe will bee excommunicated, as being men of stubbornesse, than in communi­on, [Page 128] is a very grosse, and palpable errour. For we hold (as the truth is) that the greater part of the Church cannot be excommunicated by the lesser; nor that many should be excommunicated, by a few; nor that a few should bee excommunicated by one of the Church. And if the common union must necessarily consist of all, or of the most part of the faithfull, then is the lesser part alwayes out of this common union. For what else is excommunication, but extra communionem ejectio, a casting forth of one, or of moe persons from the common fellowship, society, and company of the faith­full? The greatest part whereof, and not the least, are accompted to be the Church, and to be in communion; unlesse then the whole Church, or the greater part of the Church, having once cast out from among them, one or moe adulterers, blasphemers, extortio­ners, or such like, and having also excommunicated men of stub­bornnesse, for keeping company with such, shall themselves all, or the greatest part, become children of disobedience, and men of stub­bornnesse: it can not be, but there must be still moe of the Church, in communion, than out of communion. But if the whole Church shall have cast away the yoke of Discipline, and become such them­selves, as were those whom before they had excommunicated, then is it a cleare case, that there is not any more, any communion among them. For how should any common union be there, where is no union at all? And if all bee departed from obedience, where then can the Church bee? Nay further, if the greatest part of the Church should revolt, and forsake the faith, yet hereupon it would not follow, that moe of the faithfull, be out of communion, than in communion. For then such onely as remaine in the unitie of faith, and have not separated themselves from Christ, remaine now only to bee in communion with Christ: out of which number also, if any should be excommunicated, by the residue of their brethren, yet even among this small number, there would be still moe in com­munion, than out of communion. For to be out of communion can not be understood, to bee of any but onely of such as remaining in the profession of faith, and godlinesse, are yet notwithstanding found guiltie of some transgression, and for the same by the Church, for a time cut off from the Church by sentence of excommuni­cation.

These deformities, and inconveniences therefore, can in no wise follow, that Discipline of excommunication, by Pastors, and Elders, which so much is called for. But certes, it fared (I feare mee) with the Admonitor, and sundry of his colleagues in this case none other­wise, [Page 129] than it fareth with incontinent women, once (say they) in­continent and ever incontinent, we know it by our selves. Our Ec­clesiasticall Judges and Officers, in like manner, seeing by experi­ence, those whom they account to be men of stubbornnesse, not to shun the company of such as they daily excommunicate; yea and By the bi­shops ex­cōmunicati­on moe are out of com­munion, than in communiō, it is there­fore by his own reason, a deformed discipline. they perceiving also, that it may fall out, that moe, under their Ju­risdiction, may bee out of their communion than in communion with them, because one man alone (as hee plainly insinuateth) may excommunicate the greatest part of the Church under his censure (for otherwise he could never have supposed, that moe would bee out of communion than in communion) because (I say) these defor­mities, and these inconveniencies, by their owne experience, have beene found to have followed upon that discipline of excommuni­cation, which hitherto hath been practised; it falleth out, that they cannot otherwise judge, but that all other manner of discipline, by excommunication, must be of the same nature and condition, that is, as deformed and inconvenient, as their owne is. And yet in this place it is worthy to be marked, what a rod the Admonitor hath By S. Au­gustines reason bi­shoply ex­communi­cation hath many de­formities. gotten out of S. Augustine, to whip his owne discipline, by ex­communication onely out of the Church, and thus it may bee framed.

That discipline whereby moe will be, or moe may bee excommuni­cated than in communion, hath in it many deformities, and in­conveniences:

But by the Discipline of excommunication which the reverend Bi­shops, their Archdeacons, Chancellors, Commissaries, and Officials practise, more will bee, or more may be excommunicated, than in communion.

Therefore that Discipline by excommunication, which the reverend Bishops, their Archdeacons, &c. practise, hath in it many defor­mities, and inconveniences.

The Major proposition (if he speake truly) is S. Augustines, but whether it be or be not, it is no great matter, because it needeth not the authoritie of any man to confirm it, the same being sound and true in it owne nature. The Minor is drawne from his owne rea­son thus:

Where there be moe men of stubbornnesse in the Church, than of obedi­ence, and where there be more men that shun not, than that shun the [Page 130] company of those that be excommunicated, there moe will bee, or may be excommunicated, than in communion.

But there be moe men of stubbornnesse, than of obedience, and moe that shun not, than that doe shun the company of those that be ex­communicated, by the Reverend Bishops, their Archdeacons, Chan­cellours, and Officials.

Therefore there may be, or will bee more excommunicated, by their Lordships, their Archdeacons, Chancellours, &c. than in com­munion.

The assumption, though I cannot warrant the same to bee sim­ply true, yet I may safely warrant it, to be drawne from the Admo­nitors owne experience. For I let passe (saith he) that experience teacheth that men of stubbornnesse, will not shun the company of them that be excommunicated, &c. and that they must bee excom­municated Bishoply excommu­nication hath many deformities for keeping of company with them. And so it will fall out, that moe will be excommunicated, than in communion; but this last consequence (say I) cannot follow, unlesse he first presup­pose both his Antecedents to bee true: And therefore because hee must needs be intended to have spoken of that kinde of excommu­nication, whereof he hath had experience, it followeth that these deformities, and inconveniences whereof he speaketh, must needs be found in that excommunication, which he and his use. For of the other kind of excommunication, hee never yet had any experi­ence: And then by experience he could not speake. If he spake not of his owne experience, but of the experience of some other men, then have we but little cause to believe him, because we know not what manner of persons those were, from whom he drew his ar­gument of experience, and whether they reported deceitfully, or truly of their owne experience, or no.

And if this argument drawn from the experience of his owne manner of Discipline, be of sufficient validitie to impugne (as he weaneth) that Discipline by excommunication; which so much (as he saith) is cryed for, and whereof as yet hee never had experience, By disci­pline of Bi­shoply ex­communi­cation one may be a communitie how much more effectuall then is this argument to overthrow that his owne manner of Discipline, which hee so long time to so small profit, and with so great inconveniences, and deformities, hath so unprofitably practised? For can there bee any greater deformitie, than that one member should be supposed to be the whole body, or that one man should make a communitie? And yet this deformitie, by his experience, may fall out to be seen even under that discipline, [Page 131] which every Ordinarie exerciseth. For if by processe, Ex mero of­ficio, an Ordinarie should excommunicate any one of his jurisdicti­on, for not communicating with an idoll Minister, or for holding that Christ in his soule did not descend into hell, or for denying rea­ding to be preaching, and withall should pronounce all them to bee men of stubbornnesse, which would shun the company of him so excommunicated. And for that cause also should excommunicate them, as is here supposed lawfull to bee done, were it not a cleare case that the body of that Church must now bee taken to consist on­ly in the person of the Ordinarie, and one member to become the whole body? For if all under his jurisdiction were once excom­municated, how could then any be in communion with him: And if they all were once excommunicated, must not the Ordinarie then alone be the common union, and so make a communitie? And what a deformed kind of excommunication, then is that kinde of excom­munication, whereby it may fall out, that to be one, is to be many, and that to be a Church, a companie, a societie, and a fellowship, is to be one? of which nature, and of which kind that manner of ex­communication, which by Pastours and Elders is to bee executed, cannot be as hath already beene proved. If then excommunication now used bee a deformed kind of discipline, and therefore, as we say, to be no more tolerated, and if excommunication by Pastours and Elders, be a kinde of discipline for the inconvenience thereof, (as he saith) not to be planted: what manner of discipline by ex­communication The Admo­nitor would have no ex­communi­cation at all would he have in these dayes, trow we? would hee have none at all? verily I suppose none at all. For so doe his words plainly insinuate, by two reasons following: First (saith he) the loosenesse of these dayes, require discipline of sharper lawes by pu­nishment of bodie, and danger of goods, which they do, and will more feare, than they will excommunication: Secondly, wee have (saith he) a good manner of discipline, by the Ecclesiasticall com­mission which doth much good, and would do more, if it were more common. But why did he not speake plainly, and why did hee not affirme devoutly, that discipline by excommunication, was good where the Church was in persecution, and that it is not necessarie, nor so convenient under a Christian Magistrate as it may be other­wise? For if Pastors and Elders were appointed joynt officers, only for times of persecution, and not to be under Christian Princes, it followeth (these joynt officers ceasing) that all accessories, appendi­ces, and consequences, of their joynt offices must also cease, unlesse it can be proved out of the holy Scriptures, that the offices of Pastours [Page 132] ought still to continue, and that the Offices of Elders ought not to continue; because the offices of Elders, with all their appendices, have beene translated by our Saviour Christ unto Archbishops, Bi­shops, Archdeacons, their Chancellours, Commissaries, and Offici­als. For unlesse these Officers be Christs Officers, the discipline which they use cannot bind the consciences of the people of God. And for this cause is it very probable, that he so commendeth disci­pline of sharper lawes, and discipline by the Ecclesiasticall commis­sion. For if these officers, by their discipline have not to do with the consciences of men, then is it no marvaile that men feare not their discipline. And therefore if they will be still officers, it is requisite, that they call for such a discipline, as might cause men to stand in awe of their authoritie. But were they indeed the officers of God, and had they indeed the authoritie from God, to execute discipline by excommunication, as Pastours and Elders did in the Primitive Church; then were the loosenesse of this age never so great, yet that the children of God in England would more fear the losse of goods, lands, bodies, or lives, than the censure of Gods officers is one of the Admonitors paradoxes. And here I appeale the consciences of all the reverend Bishops and Prelates in the land, and let them answer me hardly, if they judge themselves to bee the chil­dren of God, and had seven times seven thousand lives, whether they had not rather seven thousand times be committed to the Goaler of Winchester, than once be delivered over, to the Goaler of Hell. And are not all the children of God in England their brethren? And are they not all led by one and the selfe same spirit? And how then can they lesse feare excommunication (which is a deliverie of the soule to Sathan) than the punishment of body and danger of goods? And yet touching this point of Excommunication, hee seemeth to be against himselfe, for in the 137. page, he telleth us that happily it may be a fault, yea and a great fault that is found with the bi­shops in these dayes, that they doe not excommunicate the Prince and Rulers, and so constraine them to doe that, which by perswasi­on they will not doe. If then excommunication bee so terrible to Princes and Rulers, how should it be of so light account with sub­jects? And if it be so powerfull as it can constraine Princes and Ru­lers to doe their duties, how much more fearefull would it bee, to compell inferiours, and men of low estate, to live soberly in their vocations? I will not here debate the matter touching rhe excom­munication of Princes and Rulers; much lesse touching the excom­munication of the Prince and Rulers of our land. But I would [Page 133] gladly be informed, what they were, or who they be, that found great fault with the Bishops in these dayes, for not endeavouring to ex­communicate the Prince and Governours?

The Papists, they thinke it sufficient, that the Prince and Gover­nours, be excommunicated by the Pope, and his Clergie. The Mi­nisters, and people professing the Gospell, and seeking for reformati­on of excommunication, deny the Bishops to have any divine power granted by the Word of God, to excommunicate a private man, much lesse doe they thinke it lawfull for them to excommunicate the Prince and Rulers: Who then (I say) find fault with the Bi­shop [...], that they do not excommunicate the Prince and Governours, and so constraine them to do that which by perswasion they will not doe? For my part I cannot ghesse, whom he should meane, unlesse he meant to give us to understand, that some Prelatists have consul­ted about the excommunicating, both Prince and Governors, for not making sharper Lawes, against such, as whom the Prelates, and their favourites, have falsly slandered, to be pestilent fellowes, movers of sedition, enemies to Caesar, troublers and subverters of the state; Act. 24. 5. Act. 1. 16. 20. 17. 6. Puritans, and I wot not what chiefe maintainers of the sect of the disciplinarians; unlesse (I say) he should mind some such Prela­tists, I can not ghesse any subjects within the land, to bee so un­dutifull, as to find fault with the Bishops, for not attempting to bring our Late Soveraigne Lady the Queene deceased, to their excommu­nication. And therefore to enforme the people of an Author, and not to bring him forth, it argueth and breadeth great suspicion that Excommu­nication toucheth them onely which make pro­fession to be of the Church. the enformer was the Author himselfe. Touching the loosenesse of some or of all in these dayes, that are without the Church, if hee intend that they require Discipline of sharper Lawes, by punishment of body, and losse of goods, than excommunication, and that they will more feare that manner of punishment, I hold, and affirme therein as he holdeth, and affirmeth, and yet (I say) that to the mat­ter in question, hee hath fitted no other answer, than as if hee had answered, a poke full of plummes, or a Buchet full of Peares, (for the controversie is not concerning those that are without, but concerning those that are within: not touching those, that are not of the house-hold, but touching them that are of the house-hold of faith and of God.) As for the first sort of which people, the Reverend Bishops with good leave, may procure what sharp punish­ment, they can devise, for by the Church excommunicated they should never bee.

For how should any be thrust from the communion of the Church, [Page 134] who never were in the communion with the Church? But it is to bee feared, that this sharpnesse of punishment, is not urged so much to be inflicted upon them, that are without, as upon them, that are within the bosome of the Church. For though such, as bee with­out, did a long time scorne, and set naught by the sword of ex­communication, which was not onely drawne out, by the Cha­ncelours, Commissaries, and Officials: for every crust of bread, and for every piece of Bacon, but also, which was againe put up, for every cracked grote, and for every IRISH harper; the Re­verend Bishops whose freehold by such contempt, was not touched, were pacified, and contented themselves well enough by inflcting, and releasing that manner of punishment, but now for so much as they perceive the Children within the Church, to begin seriously, and religiously to stand against the use of Lordly and humane censures for the Crown and Scepter of our Saviour Christ, and that the state­linesse of Prelacy, must be taken one hole lower, if the simplicity of the holy ministery bee exalted a degree higher, they pretend Disci­pline by excommunication, which is the sword of the Son, and heire of God, to be too bluntly pointed, and too badly edged, to foyne, or to strike withall.

Touching that very good manner of Discipline by the Ecclesia­sticall commission, which hee saith hath done and doth daily much good, and would doe more, if it were more common, the people whom hee admonisheth, have just cause of being desirous to under­stand what manner of Discipline it is, which is so highly commen­ded. Not one manner of Discipline used by the Ecclesiasti­call Com­missioners. For all men know, that the Ecclesiasticall Commissioners use not in all places, and at all times one and the selfe same manner of Discipline. For the same Commissioners, for the same kind of of­fences, sometimes suspend, sometimes deprive, sometimes degrade, sometimes excommunicate, sometimes fine, sometimes impr [...]son, sometimes command this penance, and sometimes that. Nay some­times having convented before them, grave, Learned, and godly Mi­nisters, for crimes supposed to be Ecclesiasticall, and for the same pre­tensed Ecclesiasticall offences, having detained them some yeares in durance, This Disci­pline was practised a­gainst Ma­ster Cart-Wright, Fenner, Whight, L. Snape, and others. for refusall of the oath ex officio: in the end not having any other supposed just cause of inflicting any punishment upon them, by Ecclesiasticall authority, have been forced, for a shew, to maintaine their own credits, to cause accusations to be framed against them, by the Queenes Atturney in the High Court of Star Chamber, as a­gainst violators of the dignities of the Royall Crowne, whose inno­cencies by the very witnesses produced by their meanes on the be­halfe [Page 135] of the Queene, have notwithstanding beene fully cleared from the faults objected, and the Ministers discharged, without any ordi­nary Ecclesiasti­call Disci­pline used by the high Commissio­ners against M. Vdall. punishment usually inflicted by that Court upon malefactors. Nay further, when the Ecclesiasticall Commissioners had commit­ted Master Ʋdall to prison, where he remained halfe a yeare, for re­fusall of the oath ex officio, touching his knowledge of the Author of a Book, entituled The Demonstration; in the end he was deli­vered over as a fel on for making of the same booke, and for the which he was arraigned, and convicted, and so died in prison: not­withstanding our Soveraigne Lord, King Iames, then King of Scot­land, had Gratiously written for his deliverance. And how then would the Admonitor have the people contented with such a mode­ration of Ecclesiasticall discipline, as the Ecclesiasticall Commissio­ners ma [...]y times use? For did he thinke that every manner of dis­cipline used by the High Commissioners can not bee, but a very good An oath tendered by the Ecclesi­asticall Commission unto M. V. dall in case of Fellony. moderat [...]on? Why then let some of the Commissioners, tell the people whether the Ecclesiasticall Commissioners used a very good moderation, and manner of Discipline Ecclesiasticall against the same Master Ʋdall, when they tendered unto him a corporall oath, to have appeached himselfe upon a matter which was adjudged to be Felony? or let them declare, what a very good manner of discipline Ecclesiasticall, certaine Ecclesiasticall Commissioners used, when having a Gentleman before them, wearing long haire, they con­strained the same Gentleman, by force, and strong hand, to have his head notted in their presence? The wearing of long haire, by our Lawes being not reputed an Ecclesiasticall crime, no although the same be worne by attendants upon the Reverend Bishops, wait­ing on their Trenchers. Or let them signifie unto us, what a good manner of discipline, and moderation it was for a Bishop and his as­sociates, to make an act, in the High Commission Court, repugnant to the Institution of our Saviour Christ, and contrary to the order The Mini­ster authorized, to put sacramental bread into the mouth of a Com­municant. appointed by the Book of Common Prayer, that the Minister should put the Sacramentall bread inro the mouth of a superstitious com­municant, and not deliver it into his ha [...]ds? After our hearty commendations (saith the Bishop and his associates) whereas I. V. one of your charge, hath beene often convented before us Her Maje­sties Commissioners, in causes Ecclesiasticall, for not receiving the holy Communion, it seemeth unto us, that he hath not of any con­temptuous minde, refrained f [...]om the same, but is willing to receive it, and so hath bound himselfe, saving that hee hath a scruple in his minde by reason of a fond vow, or promise hee made long agoe [Page 136] (whereof he is sorry) never to receive the Sacrament into his hand, but to put it into his mouth by the Minister? And therefore wee pray you to beare a time, with his weakenesse, and permit him to receive it in that sort, untill by your good counsell, and perswasion, he may be reduced from that fond scruple. And so we bid you hearti­ly farewell.

Your loving friends, &c.

And seeing the Admonitor hath opposed a very good manner of Discipline, by the Ecclesiasticall commission against excommuni­cation, it seemeth that excommunication in his judgement, is no Master Ex­communi­cated by the High Com­missioners, most wher­of were lay men. good or moderate discipline, to be used by the Ecclesiasticall Com­missioners. And then were it fit, that the people were resolved, what a very good manner of Discipline Master D. W. and other Eccle­siasticall Commissioners used against Master E. whom by vertue of the Ecclesiasticall commission they excommunicated? The tenor of which excommunication, taken out of the Register at L. follow­eth. In Dei nomine, Amen. Nos I. W. Sacrae Theologiae Doctor, &c. Cancellarius ecclesiae, &c. M. A. M. Armigeri, & M. H. civis civi­tatis, &c. Commissarij rite, & legitime procedentes, I. E. de B. L. Dioceses ad hos diem & locum legitime, & peremptorie citatum, & praecognizatum, diu (que) expectatum, & nullo modo comparentem, pro­nunciavimus contumacem, & in poenam contumaciae suae hujusmodi cum excommunicavimus in hijs scriptis.

Concordat cum Regio. T

Moreover it seemeth not an unmeet thing, that some Ecclesiasti­call Authority committed to Purse­vants by the Ecclesiasti­call com­missioners. If the Queen had specially comman­ded this search, it is credible, that her privy Counssellors shold have set to their hands rather than the High Commis­sioners. Commissioners, did make knowne unto the people, whether banishment be an Ecclesiasticall Discipline; and what moderate dis­cipline Ecclesiasticall the Commissioners used when they banished religious Master Fullerton the Scot, from dwelling at Warwicke, or within certaine Miles thereof, Or l [...]t them i [...]fo [...]me the Realme, what a very good moderation was used, when by the Ecclesiasticall Commission, for suppressing of Martines Books, and other books of argument, against the Hierarchy, they authorized drunken and swea­ring Pursevants, to search mens houses, and to break up their chests, &c. the Copie of which their Letters is this, viz. Whereas the bearer is (say they) by the Queenes Majesty especially appointed, to make search, and to apprehend, certaine suspected persons, accor­ding to such particular directions, as he hath in that behalfe received, these shall be to will, and require, and in her Majesties Name strair­ly [Page 137] to charge and command you, and every of you, to whom these shall appertaine, to be by all good and possible meanes, ayding, and assisting to the bearer in the execution of this service, by entring into all such houses, as he shall think meete, and hold suspected, as well within liberty as without, and that in them, and every of them, to make due, and diligent search. And to search all manner of wri­tings, letters, papers, bookes, and all other things carrying note of suspicion, sparing no studies, chests, cubbares, lockes, or walles, as also to apprehend, examine, and bring before us, such persons, as by Her Majesties said direction, therein appointed, and wherein if he shall any way require your further assistance, you may not faile, to yeeld him the same, with all diligence, and dexterity, according to the trust reposed in you, as you will answer for your default, for the contrary at your uttermost perill. Directed unto all Mayors, Sheriffes, Justices of Peace, and quorum, Baylifes, Constables, Hed­boroughes, Tything-men, and to all other Her Majesties Officers, and Subjects, &c. But be it that all these manners of Disciplines, were moderate, and good Ecclesiasticall Disciplines, and more to be used, yet there may a scruple remaine, which were fit to be discussed, what a very good moderation, and manner of Discipline, within our remembrances, was used, betweene an Archbishop, and a Bishop, both high Commissioners, against certaine Gentlemen, and one of their Wives, about these Articles following.