An apologie for sundrie proceedings by iurisdiction ecclesiasticall, of late times by some chalenged, and also diuersly by them impugned By which apologie (in their seuerall due places) all the reasons and allegations set downe as well in a treatise, as in certaine notes (that goe from hand to hand) both against proceeding ex officio, and against oaths ministred to parties in causes criminall; are also examined and answered: vpon that occasion lately reuiewed, and much enlarged aboue the first priuate proiect, and now published, being diuided into three partes: the first part whereof chieflie sheweth what matters be incident to ecclesiasticall conisance; and so allowed by statutes and common law: the second treateth (for the most part) of the two wayes of proceeding in causes criminal ... the third concerneth oaths in generall ... Whereunto ... I haue presumed to adioine that right excellent and sound determination (concerning oaths) which was made by M. Lancelot Androvves ....

THE GENERALL Preface, conteining the Occasion, and generall distribution of this Treatise following, before it was meant to make it publike.

THE indeuours of such disturbers as haue bene the chiefest staies of a further propagation of the Go∣spell, and the onely staines of her Maiesties happie reformation; haue rested most, in aduancing a new found discipline, & in discre∣diting the present gouernement Ecclesiasticall, by their speeches and writings. The later whereof they haue gone about; as well by im∣pugning the callings and forme of gouernement Ec∣clesiasticall, (as if they were contrary to Gods word) as also by defacing the persons of the Gouernours, with vnchristian gibes, contumelies, and other indig∣nities.

But these succeeding not to their wish, nor sorting to that effect they purposed; sundry of thē haue entred in∣to, & pursued a more politike course. for by thēselues &

others (more simple) excited cunningly by them, they chalenge diuers receiued proceedings in Courts Ec∣clesiasticall, not to bee iustifiable by lawe: pretending now their especiall griefe to rest herein; for that they are delt with and oppressed contrary to law, euen as if they did carie a principall and zealous care to haue all her Maiesties lawes dulie obserued.

By whose frequent clamours, some very graue, wise and learned (no way affected to their other fansies) ei∣ther not being well informed of proceedings Ecclesia∣sticall, or not weying (for want of leisure) certain points seeming to bee doubtfully reported in the bookes of Common lawe, so throughly as their great learning therein doeth affoord: in a kind of commiseration (for so I interprete it) towards some of those who seeme di∣stressed, and to be otherwise well meaning men; haue lately called into question diuers proceedings Ecclesi∣astical, both for matter, and for circumstance or maner; that they are contrary to the lawes of this Realme.

Yet all of them doe not iumpe in the selfe same opi∣nions hereafter touched. For they are seuerally hol∣den by seuerall men; the most whereof, are stood in by men of meanest place and reckoning in that studie; and such as are knowen to bee ouermuch addicted to factious innouations. But all the chalenges whatsoe∣uer (for contrarietie vnto the lawes of the realme only, so farre foorth as they are hitherto commen to know∣ledge) may fitly be reduced into this order & summe. They tende to the chalenging of proceedings Eccle∣siasticall, done either by those who proceed by her Maiesties immediate Commission, who are either Iud∣ges delegates (dealing in matters onely betwixt partie and partie brought before them by appellation) or

Commissioners in causes Ecclesiasticall (seruing espe∣cially for punishing of crimes & offences) or els such as be executed by those, who deale in ordinary iurisdiction.

The exceptions that touch the very matter and ob∣iect of Ecclesiasticall iurisdiction, do in very deed by necessarie consequence tend, either to the whole ta∣king away of the Ordinarie iurisdiction (as where it is affirmed, that no Canon, constitution, nor ordinance pro∣uinciall whatsoeuer, may now be put in vre, without her Maiesties expresse assent first had to execute the same:) or els do reach to the taking of it away but in part.

Those opinions that tend to the abridging of it but in some part; doe goe about it partly by way of exclu∣ding Ecclesiasticall Iudges, from the handling of cer∣teine matters; (as by holding, that none Ordinarie may cite any whomesoeuer, but in causes Testamentarie and Ma∣trimoniall: and that no Lay man ought to be cited or sum∣moned to appeare before any Iudge Ecclesiasticall, to take an oath in any other cause, then Testamentarie or Matrimoni∣all:) And partly by deriuing them from the conisance Ecclesiasticall vnto other Courts: (as that the iudge∣ment of heresie now lieth rather in the Common law, then in the law Ecclesiasticall:) and some other of them (be∣ing defended by the same men that holde the next precedent opinion) doe tend both to the excluding of Courts Ecclesiasticall, and to the diuerting of such causes another way, as that nothing now can be adiudged heresie, but according to the statute, 1. Eliz. cap. 1.

As for the exceptions (pretended to be taken from the lawes of the Realme) against the circumstances, or maner of proceeding in courts Ecclesiasticall, they do either concerne such points as goe afore, and are pre∣paratories to the suite (& such is this: that, the Queenes

Maiestie cannot giue, nor any man receiue authoritie, to vse any other processe in matters Ecclesiasticall, then by citati∣on:) Or do touch the maner of entring into the suite, as that an Ecclesiasticall Court may not proceed without accusa∣tion or presentment, and that Lay men may not be cited ex officio, in any cause but Testamentarie or Matrimoniall: Or they concerne the maner of handling, and procee∣ding in the suite, as that, If a matter be duely presented a∣gainst a man, he may not be examined vpon his oath: where∣unto some (belike meaning to qualifie and distinguish it) do adde this, viz. in a matter of incontinencie or such cause: and that, no man is bound to declare any matter a∣gainst another, except some be an accuser: Or do concerne the sentence or iudgement of the Court Ecclesiasti∣call, as that by none Ecclesiasticall authoritie, a man may be depriued of his benefice being his freeholde, being not endi∣ted, and no suite of partie offered against him: Or els doe touch the execution of the iudgement: as that the Q. Maiestie cannot giue, nor any man may take authority of her, to vse any coërtion for any matter Ecclesiasticall, but excōmu∣nications & such like: and that therefore a man may not be punished by imprisonment or fine, for or in any matter Eccle∣siasticall: and lastly, that a man that standeth aboue fortie dayes excommunicate, may no way be punished, but vpon the writ De excommunicato capiendo: and that the said writ may not be awarded, but vpon originall cause arising vpon some of the ten crimes touched in the stat. 5. El. c. 23.

But others that be indeed professed dealers for an innouation in the Church (when they are conuented before authority) not only do most greedily take hold of these exceptions pretended to be taken from the Common law against iurisdiction Ecclesiasticall; but do allege also sundry others, yet pretending to ground

themselues for both, not alonely vpon the lawes of the realme (as those do, of whom we hitherto haue spoken) but vpon Gods law also, the Ciuill, the Canon, or Ec∣clesiasticall law, and vpon equitie and reason. Not be∣cause they were persuaded by the pregnancy of any of these so to thinke, but hauing embarked themselues in that common quarrell, viz. to impugne the gouern∣ment Ecclesiasticall of this Realme, in all things to their vtmost: haue first (as is probable) entred into the opinions; and after haue sought some colour to vernish them ouer with, wheresoeuer they could hit of it. Which their exceptions peculiarly framed by the professed Innouatours, and their owne proofs both for them, and for these also afore recited, (which were put into their heads by some Lawyers) shall (God wil∣ling) then be distributed & layd forth, when we come to the handling of them, because other parts of this Treatise are more apt for that purpose, then this gene∣rall Preface.

These opinions of late ringing sundry times in mine eares, and seeming to me to be diuersly mistaken; I called to memorie (so nere as I could) what, and where I had read any thing touching them. Whereupon tur∣ning some books, and confusedly noting what I found, I was more and more confirmed in my former con∣ceits, sufficient for mine owne persuasion.

Now because you pretend not to haue trauelled in these kinde of questions, & haue so earnestly importu∣ned me to take some paines therein: I haue bin content for your owne onely priuate reading & satisfaction, to plot my simple conceits into this order as you see. For owing very much vnto you, & therefore not daring to deny you so small a matter, I haue (with y^e litle leasure I

could get) hazarded rather to haue want of iudgement in me, then lacke of good will, by you to be censured. Meaning in the first part of this Treatise to pursue the particular order heere aboue comprised: sauing that those foure recited opinions which touch the cir∣cumstances of entring into a suite Ecclesiasticall, and the maner of proceeding in it, I shall be forced (contrarie to the naturall methode) to put after all the others, as requiring seuerall handling, and falling more fit in the second and third partes of this Treatise.

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