The defense of the aunsvvere to the Admonition against the replie of T.C. By Iohn VVhitgift Doctor of Diuinitie. In the beginning are added these. 4. tables. 1 Of dangerous doctrines in the replie. 2 Of falsifications and vntruthes. 3 Of matters handled at large. 4 A table generall.

Chap. 5. the. 1. Diuision.

T. C. Pag. 32. Sect. 8.

It is sayde amongest the Lawyers, and in deede reason which is the law of all nations con∣firmeth it, Quod omnium interest, ab. omnibus approbari debet. That which standeth all men vp∣pon, shoulde be approued of all men. Whiche lawe hath this sense, that if it may be, it were good that those thinges, whiche shall binde all men, and whiche require the obedience of all shoulde be concluded as farre as may be, by the consent of all, or at least by the consent of as many as may be gotten. And therefore it draweth muche the obedience of the subiectes of this realme; that the sta∣tutes whereby the realme is gouerned; passe by the consent of the moste parte of it, whilest they be made by them, whome the rest put in trust, and choose for that purpose, beeing as it were all their actes.

Io. Whitgifte.

You vse for your purpose a rule of the lawe, whiche you doe not vnderstande, nor* 1.1 rightly interprete: for where as this word Debet, importeth a necessitie, you expound it as a word of courtesie, saying, if it may be, and it were good to be concluded: when as the lawe sayth, Debet approbari, it ought to be allowed. And reason wil the same, that where many men haue interest in any thing, or haue any thing in common, whereof euery of them hathe a priuate interest, right, or propertie, there euery mans consent should be had: as if a house, or any other thing be common among halfe a dosen men by pur∣chase, discent, or gifte, and fiue of them would burden that thing with any charge, or doe any acte to preiudice the sixte man, it shall not binde him without his consent: for there this rule is true. Further more a thing is sayde omnes tangere, to perteyne to all, whiche is common either Pluribus vt vniuersis, or else Pluribus vt singulis. In the first kinde, are those things that pertayne to bodies politike, as the body of a whole common wealth, Citie, Borough, Towne, Colledge, Churche. &c. Wherein (as the Lawyers say) this rule hathe no force. The reason of the lawe is, bicause it béeing almoste an impossible thing, for all men in suche a body to agrée in one, and there béeing amongst men for the moste parte (as it were) a naturall inclination to dissent, and disagrée one from an other, there should neuer any law or order be made, if euery singular mans consent should of necessitie be had: It is therefore sufficient in suche places and matters, if the lawes, statutes, and customes of the place be obserued.

Wherefore the rule hathe onely place in the seconde: that is, in thinges that are* 1.2 common Pluribus vt singulis, to many seuerally, that is, wherein euery man hathe a proprietie and particular righte: as it is properly in landes, possessions. &c. in the whiche the Minister can not be comprehended: for it were a greate absurditie,

that in the election of the minister euery singular mans consent shoulde of necessitie be required: for then if any one frowarde man in the whole parishe were disposed to withstande the election, it coulde neuer be ended: and this muste necessarily come to passe, if you will builde vpon this lawe.

And yet in suche cases this law admitteth this generall exception, if there be espe∣ciall* 1.3 reason and cause why that thing whiche concerneth many, shoulde be done by some other way, rather than by the consent of them, whiche haue interest. And these are taken for good reasons in this case: Fyrst, if it be rather behouefull for the com∣mon wealthe, and Churche of God to doe that whiche concerneth a number, some other way, rather than by the consent of euery particular man. Secondly, if it be for the more quiet estate of the common wealthe, not to haue their consent. Thirdly, if it be better for the parties themselues, to haue it otherwise prouided: Last of all, if it be agaynst the lawes of God, or of the customes and lawes of any Countrey.

If I were a Lawyer, I could tell you, that this law admitteth many exceptions. What is more expedient for all men, than to haue a good Prince, good Councellors, good Iudges. &c. and yet I thinke it were moste pernicious to haue those offices com∣mitted to the election of the people.

But what néede I stryue with you in this matter? For if those things that be concluded by Parliament, be by the consent of the moste parte of the Realme, bicause the peoples consent is there in their knightes of their shires, and other Burgeses (as in déede it is, whiche you also confesse) then haue you no more to saye in this matter: for the booke of ordering Ministers and Deacons. &c. is allowed and graunted by Parliament, and therefore the Bishops and Ministers of this Churche of England are chosen by the consent of the people, nay (which is more) of the whole Realme, bicause they are ordeyned and chosen according to that order and rule, whiche the whole realme in Parliament hath made and bounde them selues vnto.

But (by the way) if this grounde of lawe be good in that sense that you alleage it, and be transferred to the ciuill state, it will be founde very daungerous, and tootoo muche sauouring of popularitie: as in déede the whole course of your doctrine is.

Notes

• * 1.1

  The first rea∣son examined.
• * 1.2

  This law can not take holde in the election of ministers.
• * 1.3

  The lawe as mitteth excep∣tions.