This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
THe reason that moueth vs, not to like, of this platforme of * 1.1 gouerment, is, that when we, on the one part, consider the things that are required to be redressed; & on the other, the state of our coun∣trey people, and common weale, we see euidently that to plant those things in this Church, will draw with it so many and so great altera∣tions, of the state of gouerment, and
of the lawes, as the attēpting therof, might bring rather the ouerthrow of the Gospell among vs, then the end that is desired.
The benefit of all exceptions, and ad∣vantages, to the invalidity, vncertainty, imperfections, & infufficiēcy, of this ad∣monitory bill, & matters therein contey∣ned, alwayes saued; for aunswere to so much as concerneth this clause, & eue∣rie other clause, and article, of the bill hereafter following, and without that, that there is any matter, or thing, in the same bill, or admonition materiall, to be aunswered vnto, and not herein, or hereby sufficiently answered, confessed, & avoyded, traversed & deemed is true, in such manner and forme, as in the same is set forth, and declared; the de∣fendant is ready to aver, maintayne, and proue his aunswere, as shall please the King, to award, and to commaund. And therefore hee most humbly beseecheth the King, if it please the King, & that he haue found favour in his sight, that his
exceptions may be admitted, and reade, and that his counsel, learned in the law, may be heard, and suffered to speake.
This platforme of gouerment, inten∣ded * 1.2 by the admonitor, not to bee liked of in this place, is that platforme of Church gouernement, by Pastours and Elders which the booke of common Prayer, the doctrine of the Church of Englande doe highlie commande, and which he him self Mr. D. Whitgift, now Lord Archbishop of Canturbury, & verie manie other c reuerend Diuines of our age, doe publickely confesse in their writings, to haue bene practised by the Apostles, and primitiue Church. From whence it followeth that the gouerment of the church, by Archbishops, Bishops, Suffraganes, Archdeacons, Deacons, Chancelours, Commissaries and Offici∣alls, now already planted and liked of, was not practised by the Apostles, and primitiue Church. And therefore for my part, I can not, but marueile, that a disciple of the Apostles doctrine, and a successor in the Apostles Chayre, should bee drawne by humane reasons, not to like of the Apostles gouerment, nor to tread in the steps of the primitiue
church. For seeing the same is acknow∣ledged by himselfe to bee the first way, to be the old and ancient way, as being the Apostles way, why should wee not * 1.3 walke therein, as in the onelie good and perfect way? The reuerend Bishops will not deny, that the Apostles, and primi∣tiue Church for their manner of gouer∣ment, had the mind of Christ, and that we should follow the Apostles, as hauing them for examples, because they were the followers of Christ. Againe they can not but graunt, that the manner of gouerment, practised by the Apostles & primitiue church, is written within the booke of the couenants of grace. All which notwithstanding wee see in this place that from the new Testamēt, from the articles of grace, from the law, from the testimony, from the example of the Apostles, and from the mind of Christ, we are addressed and turned ouer to our state of gouerment, to our countrey, to our people, to our common weale, and to our lawes. But this turning of de∣uises shall it not be esteemed, as the pot∣ters * 1.4 clay?
But (saith he) to plant those things in this church, which are required to bee
redressed, might bring rather the ouer∣throw of the Gospell, then the end, that is desired. Indeed (say I) if this might be as soone proued, as it was soone said, the case might haue gone well with him. But this parable is so darke, that (vnlesse it be opened) there is no light at all to be seene in it. For hee well knew, that in steed of the gouerment practised by the Apostles and primitiue church, the iu∣risdiction of Archbishops, Bishops, Suf∣fraganes, Deacons, Archdeacons, Chan∣celours, Commissaries and Officials, is already planted in this church: And he was not ignorant also that the same iu∣risdiction onely, and none other, is re∣quired to be redressed. Now then if re∣quest be made, that this manner of go∣uerment bee redressed, how can it eui∣dently be seene that to plant that maner of gouerment, might bring rather the ouerthrowe of the Gospell, then the end that is desired? But it may be that hee ment more lightsomely then he spake. Yea let it be, that he intended thus: viz. to vnplant that, which is now planted, and to plant those things, which are yet vnplanted (by reason of many and great alterations) might bring rather an ouer∣throw
of the Gospell, then the end that is desired; well (I say) be it so, that he thus ment. How is this thing euidently seene, or how can it euidently be proued? The best sight, that the seruant of Christ can haue, is faith. For Faith is an eui∣dence of thinges which are not seene. * 1.5 This ouerthrow then of the Gospell, not being seene with his bodily eyes, must needes be intended to haue bene seene with the eyes of his faith. But where is that word of Christ, wherevpon the eyes of his faith were fixed? If then hee hold no word of faith, then of necessitie was his euident sight, but an euident fancie. And in deed what else could it be? For what other thing is there desired, to bee planted in this church, but onely the Apostolicall gouernement of Christ? And what other Gospell could hee eui∣dently see, that might bee ouerthrowne by holding foorth this scepter, but on∣lie the Apostolicall doctrine of Christ? A merveylous strange and vnkind sight, (I trow) to be seene, that the Apostolicall gouerment could no sooner be planted, but that the Apostolicall doctrine must needs be rooted vp. That Christ by his owne scepter, were not able to maintaine
his own grace, by his own 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 vnto a dislike of the Apostolicall gouerment, by arguments and reasons drawen from humane policie, rather then to confirme them in a good opinion of the prelati∣call gouerment, by proofes taken from the authoritie of holy Scripture, we will follow him in this his veine. Yea, and by the helpe of God, we will trie of what efficacie, such his politicke and humane reasons may be, as wherewith he did as∣saye, to disswade the people frō consen∣ting vnto any other maner of Church gouermēt, then is already setled among vs. The generall effect of all which, both here and els where spoken of, by him brieflie gathered, is this:
Such things may not bee planted in the Church of England, as by attemp∣ting, the planting wherrof, there is an euident sight, that the Gospell a∣mong vs, may be ouerthrowne.
But there is an euident sight, that the Gospell amōg vs, may be ouerthrown, by attempting, to plant that gouer∣mēt
in the church of Englād, which was practised by the Apostles & pri∣mitiue Church, therefore that maner of gouerment may not bee planted.
The assumption of which sillogisme, hee endevoureth to confirme thus, what∣soeuer will draw with it, many, and great alterations of the state of go∣uerment, and of the lawes, the same may bring rather the ouerthrow of the Gospell, then the end that is desi∣red: but the planting of the gouer∣ment practised by the Apostles and primitiue church, will draw with it, many and great alterations, of the state of gouerment and of the lawes.
Therefore the planting of this maner of gouerment may rather bring an ouerthrow of the Gospell, &c.
If any shall obiect that by thus ga∣thering his argumēt, I had in this place falsified his argument, by adding more, then is here expresly vttered by him: let such one vnderstand, that this charge is but a meere and needlesse cauill. For sithence both here, and throughout his booke, his intent was to dispute for the gouerment already receiued, against the
gouerment, which is required, to be planted, in the Church: And for so much also, as none other gouerment, is required to bee planted, but that onely gouerment, which was practised, by the Apostles and primitiue Church, it must necessarilie follow, that the arrowes, which hee shott against the gouerment, required to be planted, were shott onely against the gouerment which was pra∣ctised by the Apostles, and primitiue Church. And therefore there can bee no iust charge of any falsification, vsed in the gathering of his arguments. A∣gainst which I argue as followeth:
Whatsoeuer will draw with it no alte∣rations of the state of gouerment, & but few, or small alterations of the lawes, the same may rather bring the end, that is desired, viz: a godlie peace, and Christian vnitie both in Church and common weale, then the ouerthrow of the Gospell among vs.
But the planting of the gouermēt pra∣ctised by the Apostles and primitiue Church, will draw with it no altera∣tion, of the state of gouerment, and but few or small alterations of the lawes.
Therefore the planting of the gouer∣ment practised by the Apostles, & primitiue Church, may rather bring the end that is desired, viz: a godlie peace and christian vnitie, both in church and common weale, then the overthrow of the Gospell among vs.
The trueth of which argument will thē appeare, when the Admonitors argu∣ment shalbe conuinced of errour: for the disproofe of the one, is the proofe of the other, and if his fall, then can not this but follow. And touching the in∣validity of the first proposition, of his second sillogisme, we affirme, that the alterations, of the state of gouerment, & of the lawes (bee they neuer so many and neuer so great) can neuer bring any ouerthrowe of the Gospell, if the same alterations, be made, for the planting of the Gospell. For the lawes once altered, can ouerthrow naught, because they are then no more lawes. And to say, that the Gospell once planted by autho∣rity of new lawes, cā be ouerthrowne by the same lawes, is more absurd. For the new lawes giue life to the enterteyning of the Gospell, by meanes whereof, the Gospell, can not discontinue, so long as
those lawes continue. And herevpō also it followeth, that no alteration of laws, for sweeping, & clensing of the Church, for casting, and whippyng buiers and sellers, and choppers of churches, out of the Church, can ouerthrow the Gos∣pell. For if all drosse, filth, and corrup∣tion, be cast out; if all lets, and impedi∣ments, be done a way, it can not be but that the Gospell, must needs haue a freer, & larger passage, as wherunto, a wider doore can not be, but opened, for the bringing in of a more plentiful haruest. And if the Church bee beautifull as Tyrsa, and comely as Ierusalem, if she * 1.6 looke as the morning, If she be faire as the Moone, pure as the Sunne, and ter∣rible as an army, then is she set as a seale on the Lords heart, and as a signet vpon his arme, and then shall the coles of his ••elouzie be as fiery coles, and as a vehe∣ment flame, that much water shal neuer quench it, nor any floods euer drowne ••t. But if he should rather meane, that ••he alterations of the state of gouerne∣ment, would be so many and so great, as that therevpon he did strongly imagine, ••uidentlie to see the ouerthrow of the Gospell, then we say that no state of go∣uerment,
can euer vndergoe, either ma∣nie, or few, either small, or great altera∣tions, vnlesse by alteratiō of lawes made by the same state of gouermēt, the same 〈◊〉〈◊〉 of gouerment bee altered. Now 〈◊〉〈◊〉 if our politicke state of gouerment, (whereof he must needes speake, for o∣therwise his speech were to no purpose) to amend and reforme abuses in it selfe, may iustly put it selfe vnder the yoke of a new law, (as it hath done and daylie doeth vnto many newe lawes) and so in this respect, after a sort, in some part al∣ter it self (for euery reformatiō is a kind of alteration) without any domage, ha∣zard, or preiudice to it self, if (I say) this may well be so, what a silly skarr crow, is there here, brought into the field, to fray our politick state of gouuerment, from attempting a reformation in the Church? Belike he knew some to faine, that our state of gouermēt, must neces∣sarily fancy, whatsoeuer they fancy. And namely that a reformation of the Church, can not but infer a desolation of the State: or that the State can not be well ordered, except it suffer the Church to bee disordered, or that the Church could not be fayre, well fauoured, and
in good plight, but the state of our coū∣try, people, and common weale, must be foule, ill fauoured and out of heart; or lastly that the State can not launce, bind, draw, & heale vp the sores, woūds, & contagions of the church, but it must with all fester, infect, and poyson it self. All which how vnsavory and void of all sense it is, I leaue to the iudgement, both of the state, and of the Church. For who seeth not, but that the state of politicke gouerment, may wholy alter the state of church gouernement, and not so much as alter one least iote, of the politicke state of gouerment it selfe? Besides, since our state of politicke gouerment, hath in our dayes, and before our eyes, repea∣led verie many old lawes, & disavowed sundry ancient customes, to enterteyne, and harbour the Gospell, must our state of politicke gouerment, no sooner now attempt, to repayre certaine breaches, made into the vineyarde, but it must streight wayes, roote vp, that whiche it hath planted, & pull downe that, which it hath builded? He that diggeth about, and dungeth, he that spreadeth and pru∣••eth the root•• and branches of a tree, doeth he not rather quicken, then kill
the roote? and doth he not rather cause the boughes, to sprought, then the body to wither? Can seuen times trying, and fining of golde, breed a canker in gold: or may a riuer be dreyned dry, by one, who shutteth not, but openeth the springs? The body of a corpulent, and diseased man, the more it is purged, the more ful of health it is, & of better con∣stitution. And howe then can it be con∣cluded, that the Gospell, the life & soule of the Church, can lāguish, and giue vp the goast, when the Church; for the bet∣ter preservatiō of her health, shal receyue by some new and wholesome lawe, some new and wholesome purgatiue receite? Moreouer, for so much as heere is men∣tion made, how the publishers of this booke, did consider on the one part, of things that were required to be re∣dressed, and on the other side, of things required to be planted, together with the state of our country, people, and commō weale; it is playne, that their re∣solutiō was rather still to cōtinue things amisse, in the Church vnredressed, then to plant the things required, to be plan∣ted. And alas what a resolution was that among pillers and Fathers (for so they
wilbe counted) of the church? Especial∣lie, when as the things required to be re∣dressed, were required to be redressed at the hands of the whole state of gouern∣ment, that is at the hāds of the Queene, the Lords spirituall and temporall, and commons in open Parliamēt assembled. And could any damage (I pray you) haue ensued to the state of gouerment, to the state of the Queene, to the state of our countrey, people, common weale, & lawes, or to the state of the Gospell, if things amisse in the Church, had bene redressed, and thinges wanting in the Church, had bene planted, by so high, and supreame a power? I trow not. Nay seeing our country, people, and commō weale, not only once, and twise, & thrise, but many times, haue humbly and ear∣nestlie prayed, & sollicited in open Par∣leamēt, a redresse of things amisse in the church, is it not most evidēt, that things were not considered a right but amisse by these fathers of the church? and that the cōsiderers by keeping things vnplā∣ted, rather aymed at their owne profit, honor, and dignitie, thē that our coun∣trey, people, and common weale, should
fare the better, by hauing things amisse, to be redressed? The cōsiderers then be∣ing them selues parties, yea & such par∣ties as by whom things were caried a∣misse, in the Church, and whose defects only were required to be redressed: no marveyle (I say) if they vsed all kinde of artificiall advisement and cōsideration, to keepe things still vnplanted, by the planting whereof their owne vnfather∣lie miscariadges, must haue bene refor∣med.
On the other side, if things required to be planted, might in deed be once plā∣ted, how soeuer happelie our former Church-officers, might bee some-what mal-cōtented, and discouraged, to haue their superfluities pared, and the edge of their swords abated, yet is there no least cause at all, for our countrey, people, & common weale, to feare any trouble, or hurly burly among vs. For if the hande of God be in Iudah, so that he giue the * 1.7 people one heart, to doe the command∣ment of the King, and of the Rulers, ac∣cording to the word of the Lord, and if the King, the Nobles & commons shall condescend & agree in one, and if their
voyces shall be all, but as the voyce of one man, to allow and approoue that, which doeth touch and concerne them all, then shall neither the Nobles haue anie 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 Com∣mons. For they be all of them so pru∣dent, and so prouident, as that they will not bite one another, least they should be deuoured one of the other. And in deed, why should any of our Cleargy-Maisters be so voyd of iudgement, as to denie the Nobles and Commons, after foure and fortie yeeres experience, of a most prosperous peace, weighting vpon the Gospell, to be now growne so vncir∣cumspect and simple vvitted, as that a reformation of disorders to be made by their consents in others, should bring forth a confusion in them selues? What? will they bicker one with the other, will they beat, and buffet one another, when there is no cause of disagreement, or va∣riance betweene them? For they shalbe sure to loose neither libertie, nor digni∣tie;
they shall endanger neither honor, nor profite. Our Nobles shalbe tres-no∣ble still, they shalbe Princes and Cap∣taines ouer our people: They shalbe De∣puties and Presidentes in our publicke Weale: They shalbe Peeres, and Ancients of the Kingdome: their Privileges, Pre∣rogatiues, Preheminēces, stiles, ensignes, and titles of prowesse, and honor, shall not be raced, defaced, or diminished. But they shall (as they may and ought) remayne and continue whole, and vnvi∣olable, both to them, and their posteri∣ties, throughout their generations. Our Iudges, Iustices, and Lawiers, shall haue and enioy their authorities, credites, and reputations, as in auncient times. They shalbe Recorders of our Cities, Townes, and Boroughes: They shalbe Stewardes of the Kings Leates and law-dayes. Our Knights, Esquiers and Gentlemen, shall still be Burgeses in Parleaments, & Con∣servators of the Kings peace: they shalbe assistants to examine & represse, theftes, rapines, murders, roberies, riots, routs, & such like insolencies. Yea they shall be our Spokes-men, and our dayes men, to arbitrate and compose, strifes and de∣bates
betweene neighbour and neigh∣bour. Our common people, they with∣out disturbance, shall quietlie and pea∣ceablie, retayne and enioy (as in former ages) their immunities, franchises and liberties, as well abroad as at home, as well in their houses, as in their fieldes. They shall possesse their tenancies with∣out ciectiō, they shalbe inheritors with∣out expulsion, as well to the lawes, liber∣ties and customes, as to the lands & pos∣sessions of their Auncestors. They shall not be compelled to goe to warefare vp∣pon their owne costes: they shall not be tried, arraigned, or condemned, by for∣rein power, or by forren lawes. There shall no husbandrie, no clothing, no handicraft, no mariner, no marchādize, no lawes of the land, no maner of good learning whatsoeuer, in Schoole, Col∣ledge, or Vniversitie, bee decreased, or laid aside. Wherfore the Admonitor toy∣ing neuer so much; how so euer he hath made his flourish, & cast about with his May bees, his, I feare, his I pray God, his, yfes, & his andes, how∣soeuer (I say) it pleased him to trifle with
these gew gawes; yet shall none euer be able, to proue by anie proofes dravvne from the holy Scripture, or humane reason, that anie hinderance in dignitie, or incumbrance can euer betide our Nobles, our Commons, the state of our Countrey, people, lawes, or common Weale, if the state of church-gouermēt, were translated from Archbishops, Bi∣shops, Archdeacons, Chancelours, Cō∣missaries, and Officialls (which are offi∣cers in the house of God, onelie accor∣ding to the commaundements and tra∣ditions of men) vnto the gouernment practised by the Apostles and primitiue Church, which they can not denie, but must cōfesse to haue bene according to the holy pleasure of God. Nay our No∣bles, and our commons, are most assu∣red to be so farre from being endama∣ged, or loosing ought hereby, as herby they shall purchase that vnto them sel∣ues, which neuer yet any oppugner of so good and holy a cause, could attayne vnto. Namely, they shall seale vp vn∣to their owne soules, infallible testi∣monies of good and sincere conscien∣ces: testimonies (I saye) of their fideli∣ties
vnto God, testimonies of their alle∣giance vnto him, by whom they haue bene redeemed, and testimonies of loue, and compassion vnto the whole church of God. Nay further our cōmons, shal∣be so farre from bringing anie damage vpon them selues, as they shall marve∣louslie benefit them selues. First by pur∣chasing vnto themselues, a large immu∣nitie from manie foule and great gree∣uances, and exactions of money impo∣sed & leuied vpon them, by officers and deputies of Archbishops, Bishops, Arch∣deacons, &c. Secondlie by hauing the Lord Christ, whose cause they vnder∣take, and whose glorie they advance, to be a friend vnto their friends, and an e∣nemie vnto their enemies. And if our Nobles, and our Commons, be all hu∣shed, if they be all at sleepe, at peace and at rest, we may cast away all feare, and be past all doubt, that the King can not, but holily recreate and solace him selfe, and that his gray haires, when soeuer they shall come, shall neuer be brought to the graue, in sorrow, but in a good & perfect age, and peace.
But happelie it may be replied, that * 1.8
some of our Nobles, and most of our commons, be so backwardlie affected * 1.9 to the trueth of Religion, as that rather they would turne head vpon the Gos∣pell, then brooke an alteration of Ar∣chiepiscopall, Episcopal, and Archidia∣conall Church gouerment. In deed if a reformation of the state of the Cleargie were attempted by anie other meanes, then by publicke tractation and cōsent of Parleamēt, I could not but leane vnto this opinion, that the attempting there∣of, might bring an overthrow to the at∣tempters. Because the same attempt, should be dishonorable to the name of God, as being contrarie to the forme of doctrine receiued. But since thinges a∣misse are required to be redressed by the King and Parleament alone, this obie∣ction is altogether vaine and frivolous, and is alreadie sufficientlie convinced, by that peaceable agreement betweene Nobles and Commons, before remem∣bred. But let vs wade a litle deeper, and search a litle more narrowlie into euery vaine, creeke, and corner of this suppo∣sition. And let vs see, by what maner of persons this pretensed ouerthrow of the
Gospell, might be wrought.
All carnall, sensuall, and earthly men, * 1.10 either whose belly is their god, or whose god is this world, all such men (I say) as in euery age, be of Domingoes religion, namely, iust & iumpe, of that religion, which the King and State professe, they are so farre from attempting ought, to ouerthrow the Gospel, as vnder the sha∣dow of the name thereof, they wil euer∣more croude, and couer their carnalitie and prophanes. For they being euer∣more of euery religion, and so in deede of no religion, and passing not whether our Sauiour Christ, or Beliall be their God, sing as the Poët singeth; Ais? Aio. Negas? Nego: becke and bow, cap and knee, to whatsoeuer the state and lawe commandes. If the King be a Gospeller, the Gospell, the Gospell, and naught els, but the Gospell shalbe found to roule in their mouthes. But let the Crowne once turne, by and by, they haue turned their coates, and as wether cockes, with euery puffe of wind, are huffed about. What∣soeuer order, or maner of gouerment be planted, or displanted in the Church, the same shalbe no corosiue to them.
It shall neuer sticke in these mens sto∣mackes, neither will they lay it to their hearts. The King and Counsell is wise inough, and knowe what they haue to doe well inough. They will not be more forward, nor wiser thē the Prince, they will not checke and controll the whole Realme. They can not brooke these busie bodies, and medlers in matters a∣boue their reach. They wilbe none of these new fangled and precise fooles; they will not bee backward, and come behinde the law, as the Papistes doe; nei∣ther will they be to forward, and runne before the law, as the Puritans doe. But they wil behaue themselues in all things, and at all seasons, as discrete & politike Protestants ought to doe, cōforming & submitting themselues alwayes to all or∣der & authoritie of the Queenes booke, & lawes setled. Yea and though they be not booke learned, nor any pen clerkes, yet they beleeue well. And therefore they will goe to the Church, and say a few prayers, yea & they will receaue the Sacrament at Easter, as deuoutlie as the best precisian of them all. All these A∣theistes and godlesse men, being neither
hot nor cold, neither fish nor flesh, nor good red hering, plant what plants you will, and sow what seedes you list, yea make what ditch, hedge, pale, wall, or fence you please, they set cocke vpon hoope, & passe not a button for it; euery season, be it wet, or be it dry; euery kind of lād, be it clay, or be it sand; euery fur∣row, be it broad, or be it narrow, be it deepe, or be it shallow, pleaseth & cōten∣teth these medley coates alike. They are like vnto Iacobs ••wes, which hauinge straked and party coloured rods, laid be∣fore them in the gutters, at a ramming time, brought forth none other but par∣tie coloured lambes. And therfore they will neuer stir hand nor foote, nor once steppe ouer a straw to worke any least anoyance to the Gospell. It is good slee∣ping alwayes, for these men, in a whole skinne: And not much vnlike to these partie coloured slepers, are the admoni∣••orie protestants. For they, as the dutie of faithfull subiectes doe bind them, li∣••ing in a state of a Church reformed, and hauing libertie in externall gouer∣mēt, & other outward orders, to choose such as they thinke, in wisedom & god∣linesse,
to bee most convenient for the state of their countrie, and disposition * 1.11 of the people; and hauing the consent of their godly Magistrates, to that out ward forme of iurisdiction, and deciding of Ecclesiasticall causes, these kind of pro∣testants, (I say) alwayes blowing out the trumpet of obedience, and crying an alarum of loyaltie to euery ordinance of man, and grauelie, wiselie, and stoutlie demeaning them selues against all the giddy heads, and fanaticall scismatikes, and wrangling spirits of our age, dare not (I trow) slip the collar, nor cast of the yoke, dare not push with the horne, nor wince with the heele against the Go∣spel; If so bee by the authoritie of our Christian King, with the consent of his Parleamēt; the platforme of gouerment (as hee saith) deuised by some of our neighbour Churches, but (as we & they thē selues confesse) practised by the Apo∣stles and primitiue Church, might bee receiued and established, to bee the best and fittest order of gouerment, for the Church of Englande, as well as it hath bene a long time, and yet is of Scotland, & of most of all other Christian Chur∣ches.
For if it be to great a bridle of chri∣stian libertie (as they say) in thinges ex∣ternall, to cast vpon the Church of Christ, a perpetuall commandement, & if the church haue free libertie to make choise of what gouerment soeuer, shee 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 tied still to retaine Archiepiscopall, E∣piscopall, and Archidiaconall gouer∣ment, though for a long season the same haue bene vsed. For that in deed might well and iustlie be said, to be too great a bridle of christian libertie, when by ne∣cessitie there is cast vpon the Church, such a perpetuall regiment of prelacie, as may not be remooued. Wherefore if our continued prelaticall discipline, whereby the libertie of the church is ta∣ken away, by publike authoritie of the King and States might be discontinued, and libertie graunted to the Church, to vse the Apostolical discipline, either our Admonitorie Protestantes must yeelde, stoup, and obey, or else be found to be a wayward, a contentious and a from∣••ple generation.
And if these two former kinds of our people (which the land beeing deuided into fiue partes make three at the least) shall euery way be supporters of vnitie, and conformitie, to the Gospell, and no way disturbers of the peace, libertie and tranquilitie of the Church, what ouer∣throw, or what damage may the Gospell sustaine by the other parts? Yea though they should vnite, linke and confederate themselues in one. For are they not wea∣ker in power, poorer in purse, & of farre lesse reputation then the former? And yet neuertheles, these partes are at such deadlie feude one against the other, and at such an irreconciliable enimitie be∣tweene them selues, that the case stan∣deth now betweene them, as sometimes it stood betwene Caesar and Pompey; not whether of them, should reigne, but whether of them should liue. And how then can these parts thus diuided, possi∣blie agree together, against the other partes, so surelie combined?
Besides, the first sort of these two sorts, * 1.12 whom it pleaseth our Protestantes, the Admonishers, for difference sake, to dubb with the Knights Hood of Precisi∣ans,
or precise and puritane Protestants. Why? They are the onelie and princi∣pall spokes-men and petitioners for the Apostolicall Discipline, required to bee planted. Nay these men, out of the holy Scriptures, so resolutelie are perswaded, of the trueth of God, conteyned there∣in, as without which, they know perfe∣ctlie that the doctrine of the Gospel can neuer powerfullie florish, or be enter∣teyned with so high a maiestie in the hearts of men, as it ought to be. And as * 1.13 for the other sort, (the Papistes I meane) alas that poore ratt, what ouerthrow can he worke to the Gospel, whose bane the Gospell hath wrought so long since? Alas this faynt goast is so farre spent; his disease growne so desperate, & his sicke∣nesse, now at such an hay-now-hay, as al the phisicke of all the Phisitions in the world, cā not recouer his health, or once take away his hed-ach. This silly snake, then, hauing hissed out all his sting, spit out all his venime, & vngorged him self of all his poyson, how can his skin, or how should his tayle anoy the Gospel? If therefore it might please the Admoni∣shers, vpon a reuew 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 rancke, by rancke, & troupe, by troupe, and deliuering vnto the King, a muster roule, of all the names, qualities & con∣ditions of the principal popish recusants within the Realme (for none but such onely can be suspected openly to bande them selues against the Gospell) it is not to be doubted, but the least part of all the other foure partes would bee as great in number, as these. And what thē should the King and state feare the mul∣titudes of recusantes, when one standing on the Kings side, should be able to with∣stand tenne; and tenne an hundreth; and an hūdreth a thousand; and a thousand tenne thousand papistes. King Asa cry∣ing vnto the Lord his God, that it was nothing with him, to helpe with many, or with no power, and resting vpon the * 1.14 Lord, ouercame tenne hundreth thou∣sand, and three hūdreth chariots, of the Ethiopians, and Labimes. For the eyes of the Lord behold all the earth, to shew him selfe strong with them, that are of a perfect heart toward him: And when
King Ioash remembred not the kindnes which Iehoiada the Priest had done vn∣to * 1.15 him, but slew Zechariah his sonne, the Lord deliuered the King, & a verie great armie, into the hands of a small compa∣nie of the host of the King of Aram, who gaue sentēce against the King, slew all the Princes of Iudah frō among the people, and caried the spoyle of them vnto Damascus. And thus much con∣cerning the Admonitors proposition, viz: Whatsoeuer will draw with it many and great alterations of the state of go∣uernment, and of the lawes, the same may bring rather the ouerthrow of the Gospell, then the end that is desired; All which speach of his, I affirme to be but a vaine and trifling ridle, as the vvhole strenght whereof resteth onely vppon a may bee. Wherevnto if I should onelie haue spokē thus, and no more, viz: that manie and great alterations, &c. might rather not bring an ouerthrow of the Gospell, &c. I suppose, and that vpon good ground, that such (may might not be) might euerie way be as forcible, to disproue the one, as his (may be) can any way be pregnant to proue the other.
And touching his assumption viz: but the planting of the gouerment, pra∣ctised by the Apostles and primitiue Church, will draw with it many & great alterations, of the state of gouerment & of the lawes: If in this place he vnder∣stood, the state of Church gouerment, and of the lawes Ecclesiasticall now in vse, then is the proposition true. And yet notwithstanding we avow, the Gospell to be so farre from incurring any ouer∣throw by such an alteration, as thereby it is certayne, that the same shal more & more florish, and be perpetuallie esta∣blished: by reason that this alteration should be made frō that which by long experience, is knowne to be corrupt, vn∣to that, which is knowne by the holy Scriptures, to be pure and sincere. From a gouerment (I say) and lawes authori∣zed, by tradition, and commandements of man alone, to a policy & lawes foun∣ded and descended, by and from God him selfe.
But if the Admonitor, by the assumpti∣on ment to enforme vs, that the planting of the Apostolical gouerment will draw with it manie and great alterations, of
the temporall state of gouernment, and of the temporall lawes, statutes, or cu∣stomes of the kingdome: then as before to his first, so now also to his seconde, I answere negatiuely: and affirme, that the * 1.16 planting of the said Apostolicall gouer∣ment, will not draw with it any least al∣teration, of anie part, of that temporall state of gouerment, nor almost of anie one common statute, or customarie law of the Land, which may not rather bee altered, thē reteyned. For this platforme of gouerment, we are able by the helpe of God, to defend the same generallie, & for the most part, to be most agreeable, and correspondent, to the nature, quali∣tie, disposition, & estate of our countrey, people, common weale, and lawes, as in our particular answeres, to his particu∣lar reasons shall more at large appeare. In all new, and extraordinarie alterati∣ons, it is not onely requisite to abolish al bad opinions, out of the minds of those that know not the drift of the enterpri∣sers, but it is also necessarie, that the de∣fence of such alterations be made forci∣ble against the opposition of all gayne∣sayers: We will descend to the particu∣lars,
& ioyne issue with the Admonitor. And vpon allegations, exceptions, wit∣nesses, and recordes to be made, sworne, examined, and produced out of the ho∣lie Scriptures, and lawes of the Land al∣readie setled, on the behalf of our cause, before our Soveraigne Lord the King, his Nobles, and cōmons in Parleament, we shall submit our selues and our cause to the Kings Royall, and most Christian Iudgement. In the meane time, we 〈◊〉〈◊〉 that not onely the former clause of this admonitorie Bill, but that al other clau∣ses following in the same bill, for the in∣validitie, insufficiencie, indignitie, and nullitie of them, are to be throwne out and dismissed from the Kings Court, es∣peciallie for that the particulars opened by the Admonitor, can not serue for any reasonable warning, to induce the com∣mon people, to relie themselues vpō his, I am of opinion to the which wee plead at barr as followeth.
First (saith he) the whole State of * 1.17 the Lawes of this Realme wilbe al∣tered.
For the Canon Law must be vtterlie taken away, with all Offices to the same belonging; which to supply with other lawes and functi∣ons, without many inconveniences, would bee verie hard: the vse and studie of the civill law, wilbe vtterly overthrown.
When by a common acceptance and vse of speech, these words (whole state of the lawes of the Realme) are vnderstood of the common and statute lawes of the Realme, that is to say of the Kings tem∣porall lawes, and not of Canon or civill lawes, it cannot followe, that the whole state of the lawes of the Realme should * 1.18 be altered, though the Canon and civill lawes, with all Offices to the same belon∣ging, should be vtterly taken away & be wholy overthrowne. For no more could the Admonitor prove, the canon or ci∣vill law, at any time heretofore, to haue bin any part of the lawes of this Realm, (otherwise then onlie by c 1.19 sufferance of our Kings; acceptance, long vse and cu∣stome
of our people) then can any man proue a parsly-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 haue conclu∣ded thus, the whole scite of the Castle of Farnham wilbee transposed: for the Boxetrees, the heythorn arboures, and the quicke set hedges planted within the Castle-garden must be removed & cast away: which were but a proof prooue∣lesse, 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 bee changed, what reason haue we to thinke that the whole state of the lawes of the Realme must be altered? Besides, to conclude the whole, by an argument drawen ab enumeratio∣ne partium, and yet not to number the tenth part, (of such parts as were to bee numbred) is, I am sure, neither good lo∣gike nor good law. Moreover, if all the canon-law, (I meane all the papall and forraigne canon law, devised and ordei∣ned at Rome, or els where without the Realme, and consequently all the Offi∣ces & functions to the same belonging)
bee alreadie vtterlie taken away, what hope of reward can Civilians expect from the vse of such things, as are with∣in the compasse of that law? or of what efficacie is this argument, to prove an al∣teration, of anie part of the lawes of this Realme, or that the studie of the Civill Law should be vtterly overthrowne? For the whole state of the lawes, properlie called the lawes of the Realme, hath stood, and continued many yeeres since the same Papal and canon law was abo∣lished. And as touching the Civilians, for them to seeke after prefermentes, by * 1.20 offices, and functions of the canon law, is an embasement of their honorable profession, especiallie since farre greater rewardes, might verie easilie be provided for them, if once they would put to their helping handes, for the onely establish∣ment and practise of the civil law, in the principall causes now handled by them in the Courtes called Ecclesiasticall. * 1.21
But how may it be proved, that the Pa∣pall and forreign canon law, is alreadie taken away, and ought not to be vsed in England? For my part, I heartilie wish, that some learned men in the common
law, would vouchsafe to shew vnto the King and Parleament, their clere know∣ledge in this point. In the meane season, I shall not be negligent, to gather & set downe, what (in mine vnderstanding) the Statut-law hath determined therof. By the statute of submission 25. H. 8. revived 1. Eliz. (as the verie wordes and letter of the petition and submission of the Cleargie, of the body of the lawe, & of the provisoes doe import) the verie true meaning and intent of the King & Parleament, is evident and apparant to be thus as foloweth, & none other, Viz. That such Canons, Constitutions, and Ordinances Synodall, or Provinciall, which before that time were devised & ordeyned, or which from thencefoorth should be devised or ordeyned by the Cleargie of the Realme, being not con∣trariant or repugnant, &c. should onely, and alonelie be authorised, and to bee put in vre, and execution. And conse∣quentlie, that all canons, constitutions, and ordinances papal, and made by for∣reign power without the Realme, should wholy and vtterly be abrogated, adnul∣led, abolited, and made of no value.
The words touching the petitiō, & sub∣mission, mētioned in that statute, in sub∣stance, are these: Where the Kings hum∣ble and obedient subiectes the Clear∣gie, &c. haue submitted them selues, & promised in verbo Sacerdotij, that they will never from hence foorth presume to attempt, alledge, claime, or put in vre, * 1.22 anie canons, constitutions, ordinances provinciall or other; or enact, promulge or execute any newe canons, &c. And where also divers constitutions, ordinā∣ces, and canons Provinciall or Synodal, which heretofore haue bin enacted, and beethought, not only to be much preiu∣diciall * 1.23 to the Kings prerogatiue Royall, &c: the Cleargie hath most humbly be∣sought the Kings Highnes, that the said constitutions, and canons, may be com∣mitted, to the examination and iudge∣ment of his Highnes, and of two and thirtie persons of his subiectes, &c: and that such of the said canons and consti∣tutions, as shal be thought and determi∣ned by the said 32 persons, or the more part of them, worthie to be abrogated, and adnulled, shalbe abolite, and of no value: and such other of the same con∣stitutions,
and canons, as by the said 32 persons: &c. shalbe approved to stande with the lawes of God, and consonant to the lawes of this Realme, shall stande in their full strength and power, &c. These are the wordes of the Petition and Submission, &c. the letter of the bodie of the statute in effect is this: Bee it ther∣fore enacted, &c. That they, nor anie of them, from hence foorth shall presume to attempt, alledge, clayme, or put in vre, any constitutions, or ordināces provin∣ciall, * 1.24 or Synodall, or any other canons. And for as much as such canons, con∣stitutions, &c. as heeretofore haue bene made by the Cleargie of this Realme, can not, &c. by reason of the shortnes, &c: be it therefore enacted, &c: that the Kings Highnes, &c: shall haue power, &c: & that the said 32 persons, &c: shall * 1.25 haue power & authoritie to view, search and examine the said canons, constituti∣ons, &c: Provinciall and Sinodall here∣tofore made, and such of them as the Kings Highnes, &c. shall deeme and ad∣iudge worthie to be cōtinued and kept, shalbe from hence foorth kept, &c. and the residue of the said canons, constitu∣tions
and ordinances provinciall, which the Kings Highnes, &c: shall neuer bee put in execution within this Realme. These are the wordes of the bodie of the law: the words of the Proviso are these: Provided that such canons, constituti∣ons, * 1.26 ordinances, and Sinodals Provin∣ciall, being alreadie made, which be not contrariant, &c: shall now still bee vsed 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, bodie of the statute, and proviso, three things seeme principally to be ment and intended. First an vtter & absolute abolition of all canons, consti∣tutions, ordinances, and synodals before that time made by the Clergie within the Realme, or by any forrain power without the Realm whatsoever: Second∣lie, a view, search and examination of all canons, constitutions and ordinances provinciall or synodall before that time made by the Clergie within the Realm: And lastly, because the Church should not vtterly be destitute of al canons, &c: (Provinciall or Sinodall) a reestablish∣ment, or reauthorisement of all such of
the said canons Provinciall or Synodall, as were not onerous to the people, con∣trariant or repugnant to the lawes, sta∣tutes, or customes of the Realme, nor preiudiciall to the Kings prerogatiue Royall, was agreed vpon, till the saide Provinciall Canons, &c: were viewed, searched, and examined.
All papall & forreign canon law then, before that time made without the Realme, being once inhibited, to be at∣tempted, alledged, claymed, or put in vre, and by consequence adnihilated, a∣bolited & made voide: vnlesse the same be againe revived and reestablished, re∣maine frustrate and adnulled still, and therefore ought not to be attempted, al∣leaged, claymed, or put in vre. Besides, it is plaine, that forraigne & papall canon law was never intended to be reauthori∣zed, because the same law was never cō∣mitted to the view, search and examina∣tion of the King and 32. persons. The King therefore and 32 persons, by ver∣tue of this acte, not having any authori∣tie to view, search, and examine any for∣reign canon law, though hee and they, had deemed and adiudged any part of
the same law, worthy to haue bene con∣tinued, kept and obeyed, yet nevertheles had not the same bene of any force or validitie. For onelie such canons, con∣stitutions and ordinances Provinciall or Synodal (being not cōtrariant, onerous or prei••diciall to the King, to the lawes, or to the people) were reestablished, as were committed. Besides, whereas about twentie yeares passed, divers canons, cō∣stitutions and ordinances, aswell papall as provincial, were alleaged by him that collected an Abstract, against an vn∣learned ministerie, against dispensations for many benefices, against excommu∣nication, and against civill iurisdiction in ecclesiasticall persons: the aunswerer, in the behalf and maintenance of those * 1.27 abuses, chalenged the Author for not hauing proved his intent by lawe in force: affirming that the canons and lawes by him alleaged, were but preten∣ded necessarie and disused lawes; that they were not inspired with the life of lawes; that such were fathered for lawes, as be not lawes; and that it remayned by him to be discussed how many of them were to be called in trueth, her Maiesties
lawes. The reason of all which his ex∣ceptions, he yeeldeth to be this: namely, that the Author ought to haue proved them, not to haue ben repugnant to the customes of the Realme, but to haue bin in vse and practise before the making of that acte of submission. For hee must proue (sayth the Answerer) that they are not repugnant to the customes of this Realme, and shew vs how they haue bin vsed and executed heere, before the ma∣king of the statute: yea he can say, that they are by lawe established among vs. Which points (saith he) because we learn by law, quod facta nō presumantur, mat∣ters in fact, are not intended to be done, vntill they bee proued so: we must still put him to his proofes, & in the meane time say, that hee 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 be a good avermēt to barre the Au∣thor from having proved a learned mi∣nisterie to be commanded by the lawe; dispensations for many benefices to bee vnlawfull; excommunication by one
alone to bee forbidden; and civill gou∣verment to be vnlawfull in ecclesiastical persons, then much more forcibly may this argument be retorted, vpon all such as clayme, alleage & put in vre any por∣tion of the forraigne canon law. For sithence it hath never yet bene proved, that the forraigne canon lawe, vsed and executed at this day, was accustomed & vsed 25. H. 8. then because wee learne by law (as he saith) quod facta non presu∣mantur, wee must still put him, & his clients to their proofe, and in the meane while tell them, that their Advocat hath twisted for them but a bad threed, when by his reason he hath vntwined all their lawes, and broken a sunder the bands of their gouverment. Moreover because it is not yet proved, that the forraigne and papall canon law is not contrariant nor repugnant to the lawes, statutes or cu∣stomes of the Realme, nor derogatorie to the prerogatiues of the regall Crown; nay because the contradictorie hereof is affirmed, and this denied: and because we learne by law (as he saith) that mat∣ters in fact, are not intented to be done ••ill they be proved so, wee must still put
the vpholders and executioners of this law, to their proofe, and in the meane while tell them that the forraign & pa∣pall law, is but a pretended necessary & disused law; 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 hedlesse, a fetherlesse and a nocklesse arrow which is not fit to be drawn, or shot against any subiect of the King. And from this voy∣dance, abolition & nullitie of forraigne and papall canon law (because sublato principali, tolluntur accessoria) it follow∣eth that all offices and functions of pa∣pall Archbishops, papall Bishops, papall Suffraganes, papall Archdeacons, papall Deanes and Chapters, papall Priestes, papall Deacons, papall Subdeacons, pa∣pall Chancelors, papall Vicars generall, papall Commissaries, and papall Offici∣als, meerely depending vpon the autho∣ritie, and drawen from the rules and grounds of that lawe, are likewise adni∣hilated, and of no value. Howbeit for∣so * 1.28 much as by the opiniō of some lear∣ned Civilians, there seemeth vnto them a necessarie cōtinuance of the same for∣raign and papall law, by reason that
Archbb. and Bishops doe now lawfully * 1.29 (as they say) vse ordinarie Archiepisco∣pall and Episcopall iurisdiction, which they could not (as they thinke) doe, if the same common lawe were vrterly a∣bolished: and for so much also, as some learned in the canon lawes, do main∣teyne, that since the statut of 1. Eliz. c. 1. the Archbb. and Bb. cannot lawfullie clayme anie ordinarie spirituall iurisdi∣ction at all, but that the spirituall iuris∣diction, to be exercised by them, ought to be delegated vnto them frō the King, by a commission vnder the great Seale: Forasmuch (I say) as there are these dif∣ferences of opinions, it seemeth expedi∣ent to be considered, by what law, & by what authoritie, Archbb. and Bb. exer∣cise Archiepiscopal, & Episcopall pow∣er in the church: And to the end this question may fully be knowen, and no scruple nor ambiguitie be left, what po∣wer spirituall may be intended to be ex∣ercised by them: We distinguish spiritu∣all power, into a power properly called spirituall; and into a power improperlie * 1.30 or abusivelie called spirituall. The pow∣er properly called spirituall, is that spi∣rituall
power, which consisteth, and is conversant in preaching the Woord; ad∣ministring the Sacraments; ordeyning and deposing Ministers; excommunica∣ting or absolving; and if there be anie other spirituall power of the like pro∣pertie and nature. Now that this power properly called spirituall, could haue bin drawen from the person of our late Soveraigne Ladie the Queene vnto * 1.31 Archbb. and Bishops, we denie. For the Queenes Royall person, being never capable of any parte of this spirituall power, how could the same be derived from her person vnto them? Nemo po∣test plus iuris in alium transforre, quam ipse habet. Archiepiscopall and Episco∣pall power therefore, exercised in, and about these mysteries of our holie Reli∣gion, ordinarily & necessarilie must be∣long vnto the Archbb. and Bb. by the canon of the holy Scriptures; otherwise they haue no power (properly called spi∣rituall, touching these things at all. The power which improperlie is called spi∣rituall, * 1.32 is such a power, as respecteth no•• the exercise of any pastorall or ministe∣riall church, to the internall begetting
of faith, or reforming of maners in the soule of man; but is such a power, as whereby publike peace, equitie and iu∣stice is preserved, and mainteigned in externall things, peculiarly appropried, and apperteyning vnto the persons, or affaires of the church; which power in∣deede is properlie a temporall or civill power, and is to be exercised onelie 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 spi∣rituall, by what law, or by what authori∣tie the Archbishops and Bishops doe ex∣ercise this kind of power in the church: I answer that they cannot haue the same, from any forraign canon lawe, because the same law, with all the powers & de∣pendāces thereof is adnulled: And there∣fore that this their power, must & ought to be derived vnto thē from Bb. where, From whence then is their power deri∣ved? Herevnto we answere, that (before the making of that act) spirituall iuris∣diction did apperteyne vnto Bishops, and that Bishops were ordinaries, aswell by custome of the Realme, canons, con∣stitutions
and ordinances provinciall & synodall, as by forraign canon law. And * 1.33 that therefore these canons, constituti∣ons & ordinances provinciall or syno∣dall, according to the true intent of that act, could not still haue bene vsed and executed as they were before, if the Bi∣shops had not still remained ordinaries. Moreover, it is cleare by two statutes, that the Archbishops & Bishops ought * 1.34 to be obeyed in all maner of things, ac∣cording to the name, title, degree and dignitie, that they shall bee chosen, or presented vnto, and that they may doe and execute, minister, vse, and exercise all and euerie thing and thinges, touching or perteyning to the office or order of an Archbishop or Bishop, with all en∣signes, tokens and ceremonies therevnto lawfullie belonging, as any Archbishop or Bishop might at any time heretofore doe, without offending of the proroga∣tiue Royall of the Crown, and the lawes and customes of this Realme. Let it be then that by custome, canons provinti∣all and statute law, Bishops bee and doe remaine ordinaries; yet aswell vppon those words of the statute 25. H. 8. with∣out
offending of the prerogatiue Royal, as vpon the statute of 1. Eliz. c. 1. there remaineth a scruple and ambiguitie, whether it be not hurtfull, or derogato∣rie vnto the Kinges prerogatiue Royall, that Ordinaries should vse and exercise their ordinarie power (improperly cal∣led spirituall) without a commission vn∣der the great Seale, or that such their power should be as immoderate, and ex∣cessiue now, as in times past it was by the papall canon law? Concerning the first, by the statut of 1. Eliz. c. 1. and by the statute of 8. Eliz. c. 1. the Queene was recognized to be in effect the Ordinarie * 1.35 of Ordinaries, that is, the chief, supream and Souveraigne ordinarie over all per∣sons, in all causes, aswell ecclesiasticall as temporall. Where it seemeth to followe, that all the branches, & streames, aswell of that power which improperlie is cal∣led spirituall, as of that power which properly is called temporal, should haue bene derived originally vnto the Bishop from her Highnes person, as from the onlie head & fountaine of all the same spiritual power within her Kingdomes, in such maner and from, and by such
commission vnder the great Seale, as her H. temporal Officers, Iusticers & Iudges, had their authorities committed vnto them. And to this opinion Maister D. Bilson seemeth to accord. For all power * 1.36 (saith he) is not onely committed to the sword, which God hath authorised, but is wholie closed in the sword. Against the head, that it shall not be head, to rule and guide the feete, can be no prescripti∣on; by reason Gods ordinance, for the head to governe the bodie, is a perpetual and eternall law: and the vsurpation of the members against it, is no prescripti∣on but a confusion, and the subuersion of that order, which the God of heaven hath immutably decreed and setled. Be∣sides, there resteth (saith the Remon∣strance) * 1.37 vnto the Bishops of this Realm, none other but subordinate, & delegate authoritie: and that the matter & heads wherein their iurisdiction is occupied, are by, and from the Christian Magi∣strats authoritie: In whom, as supream Governour, all iurisdiction, within her dominions, aswell ecclesiastical as civill, by Gods and mans law is invested, and their authoritie ecclesiastical is but sub∣ordinat
vnder God & the Prince, derived for the most part from the Prince. From which two statutes & iudgements of the * 1.38 Governours of the Church conteined in these two bookes (for these two bookes were seene & allowed by the Governors of the church) I leaue it to be cōsidered, if the Bishop did exercise the same im∣proper and abusive spirituall power and iurisdiction ecclesiasticall onelie and a∣lonelie, in their owne names, stiles and dignities, and vnder their owne seales of office, & that also by authoritie of for∣raigne and papall lawes; if (I say the Bishop did these things, after this & this manner, I leaue it then to be considered, whether their exercise of such power were derogatorie and preiudiciall in a very high degree, to the prerogatiues of the Royall Crown or not. For my part because I find by the forraigne canon lawe, that papall Bishops be the Popes sonnes, and are privileged to carry the the print & image of the Pope their fa∣ther, namely that they haue plenitudinen potestatis within their diocesses, as the * 1.39 Pope pretendeth to have power over the whole worlde: For quilibet ordinarius
saith the same law in sua diocaesi est maior quolibet principe, and because also (not withstanding what socuer the Bb. haue written, that they were the Queenes Bb. and had their authoritie derived vnto * 1.40 them from the Queene) they did in her life time, put the same papall law in exe∣cution, & by the same law did take vpon them, plenitudinem potestatis, within their Diocesses: I for my part (I say) can not as yet otherwise conceyue, but that exceedinglie they did intrude them sel∣ues into the Royall preheminences, pri∣viledges, & prerogatiues of the Queene. For by what other authoritie, then by a certain plenarie power, did they in their owne names, for the gouernment of the * 1.41 seuerall Churches within their seuerall Diocesses, from time to time, make, pro∣mulge, and by vertue of mens corporall oathes put in execution, what new Ca∣nons, Iniunctions, and articles soever seemed good vnto them, without any li∣cence, or cōfirmation from the Queene, first had and obteyned therevnto? By which pretensed plenarie power, it see∣meth that the statute made to bring the Cleargie in submission to the King, was
covertlie deluded, and our late Sove∣raigne Ladie the Queene, cunningly be∣reaved of that regall authoritie, over e∣uerie partieular Diocesan, or Ordinarie, which notwithstanding, by the Parlea∣ment was giuen vnto her Highnes, over the whole body and state of the Clergie. For if once there be no necessitie of the Kings licence, assent, or confirmation to such articles, canons, or iniunctions, as euerie ordinarie shall make within his iurisdiction, then must it bee intended, that the statute of submission hath co∣vertlie permitred, severall members, se∣verally to doe, & to execute those things which apparantly, & in expresse termes, the whole convocation was commaun∣ded, and with the same, in verbo sacer∣dotij, had promised, not to doe: then the which what can seeme more vnreaso∣nable and absurd? For then might all the Ordinaries ioyne hand in hand, and agree all togither in one, never in anie of their convocations assembled, by the Kinges writt, to devise, make, or pro∣mulge, any canons Ecclesiasticall at all. And what assent, licence, or confirmati∣on from the King, could then bee need∣full?
Or how then was the Cleargie, brought in submission to the King? For then, should it not be with them, as it is in the proverbe; A threefold coard is not easilie brokē: but then should it be with them, contrarie to the proverbe; for they being all fast knit and bound togither vnto the Kings authoritie, by a coard of 24 threads, might easilie be broken; but being severed and pluct a sunder, into * 1.42 24 partes, one from the other, the King with all his regall power, might not be•• able so much as to breake one of the least threedes, wherewithall one of their cordes was twisted. If the Lorde Ma∣ior, the Sheriffes, Aldermen, and whole communaltie of the Citie of London, should promise vnto the King vpō their fidelities, not to set anie price vpō Wines or other victualles, by their common Councell, within the said Citie, vnlesse the King, vnder his privie signett, should first authorize thē so to doe, were it not a meere collusion of the Kings meaning, if everie particular Aldermā, should sett prices of such things in every particular Ward? But against the collection made from the Statutes. 1. & 8. Eliza: & the
iudgement of the diuinies aforesaid, the * 1.43 author of an Apologie, to his vnder∣standing, reckoneth the same collection to be a very simple collection, & against the same, hee answereth and reasoneth in effect thus.
If (as is collected) all power spirituall, by a commission vnder the great Seale, must be derived from the Queene, to warrant the execution of it vnto him, that is, to exercise it; then must the like warrant bee procured, for euery temporall office, to execute his tempo∣rall office.
But euery temporall officer, must not pro∣cure like warrant to execute his tem∣porall office.
Therefore a commission vnder the great Seale must not be procured to warrant the execution, of the said spirituall power.
The consequence of his maior propo∣sition being false, he laboureth notwith∣standing to make the same good, and in effect for the same argueth thus:
All temporall authoritie, as absolutly and as really, is revested in the person of the Queene, as is the said spirituall authoritie.
Therfore as all spirituall officers, for the execution of the said spirituall power; must haue their authoritie, derived vnto thē from the person of the Queen vnder the great Seale, so likewise must all temporall officers, for the execution of their temporal offices, haue the like commission.
The consequence of which enthime∣me followeth not, though the antece∣dent be true. For although as well all tē∣porall, as all the said spiritual authoritie improperlie so called, was reallie & ab∣solutelie in the person of the Queene; yet herevpon it followeth not, that by one and the selfe same meanes alone, and namelie, by a cōmission vnder the great Seale, all temporall, and the said spiri∣tuall power, in euerie part and braunch thereof, should be drawen alike, frō the Queenes person. For there be divers and sundrie meanes, to derive temporall au∣thoritie, whereas there seemeth to be but one onely meanes to derive the said spi∣rituall authoritie, and then marke the substance of the Authors argument.
Some temporall Officers, as Stewards of Leetes, Constables, & sundry other
Officers, must not drawe their tem∣porall authoritie from the Queene by a commission vnder the great Seale.
Therefore no spirituall officers, as Arch∣bishops, Bb: Archdeacons, and s••de vacante, Deanes and Chapiters must drawe any of their spirituall autho∣ritie from the Queene by a commis∣sion, &c.
Which argument drawen from a par∣ticular affirmatiue, vnto a general nega∣tiue, what weaknes it hath, euery yong Logician can discerne. And as for Ste∣wardes af Leetes, though they haue no * 1.44 commission vnder the great Seale, yet for the executiō fo their Stewarships they haue a cōmission vnder the Seale of the Exchequer, Constables, Decennary, or Tythingmen, and Thirdboroughes, haue their authorities derived vnto the from the Kings person, by the verie ori∣ginall institution of their offices, Sherifs of Countries, Coroners, Escheators, and Verderors, haue their offices and their ••uthorities warranted vnto them, by the Kings writts out of the Chancerie. But 〈◊〉〈◊〉 was not the mind of the Law-makers saith the Author) that the Ordinaries,
by a commission vnder the great Seale, should draw their saide spirituall power from the Queene. What the mindes of the Law-makers were, touching this poinct, it mattereth litle or nothing at all. Neither is it to purpose, whether a commission vnder the great Seale, bee necessarily required, or not required by vertue of that statut 1. Eliz. c. 1. to war∣rant the said spirituall power vnto Ordi∣naries. Only it sufficeth, that the Queen having all power, improperly called spi∣rituall, invested in her Royall person, & being really & actually seysed of all the said supreme spirituall authoritie, could not haue any parte of the same spirituall power drawn from her, but by some one lawfull and ordinarie meanes or other. For if this rule be true in euerie cōmon person, quod meum est, sine mea volun∣tate à me auferri non potest; how much more doth the same rule holde, in the Royall prerogatiues, rightes, privileges, dignities, and supremities of a King! Wherefore to saie that all supreme and ordinarie power (improperly called) spi∣rituall, was really and actually inherers in the Royall person of the Queene, and
to say also, that some of the same inferi∣or, and ordinarie power, not derived frō the Queen, was neuerthelesse in the per∣sons of inferior ordinaries, is as much to say, that some braunches of a tree, may receyue nourishment from ells-where then from the roote; that some mēbers of the bodie, are not guided by the head; and that some streames, flow nor from their fountaines. And now to cō∣clude this part, against the canon law, & their Offices and functions thereof, I dispute thus:
The forreigne and papall canon lawe, with all the accessories, dependances, Offices, and functions thereof, is vtter∣lie abolited out of the Realme:
Therefore the same lawe is no part of the lawes of the Realme; and therefore al∣so it is evident, that there will not fol∣lowe any alteration of the lawes of the Realme, by the taking of it away.
Which canon law also, with other lawes & functions, how easely the same without any inconveniences, may bee supplied, shall (God willing) be present∣lie made apparant, if first we shall aun∣swere to that challenge, which the state
of Prelacie may seeme to make for the continuance of their Lordly primacie, * 1.45 out of the wordes of the great Charter. Concerning which challenge, namelie, that by the great Charter, Lordly Archie∣piscopal, and Episcopall primacie or iu∣risdiction belonging to the state of Pre∣lacie, is belonging vnto them: I demand vnto what Church this great Charter was graunted? And whether it were not graunted vnto the Church of God in England? The words of the Charter are these: Concessimus Deo, & hac presenti Charta nostra confirmavimus, pro nobis * 1.46 & haeredibus nostris, in perpetuum, quod Ecclesia Anglicana libera sit, & habeat omnia iura sua integra, & libertates suas illaesas. We haue graunted vnto God, and by this our present writing haue confir∣med for vs, and for our heyres for ever, that the church of England be free, and that shee haue all her rights, and liber∣ties whole and vnhurt. Nowe by this Charter, if the same be cōstrued aright, there is provision made; first, that such honour and worship bee yeelded by the King and his subictes, his and their suc∣cessors and posteritie vnto God, as truely,
and in deed belongeth vnto him: Se∣condlie, that not onely such rightes and liberties, as the King & his progenitors, but also that such as God had endowed the Church of England with, should in∣violably be preserued. And in verie deed, to speake truely & properly, such rights and liberties onely, are to be cal∣led, the rightes & liberties of the church of England, which God him selfe hath giuen by his lawe vnto his vniuersall Church, & not which the Kings of En∣gland, by their Charter, haue bequea∣thed to the particular church of En∣gland. When therefore questiō is made, that by the great Charter, the Kinges of England are bound to maintayne the rights and liberties of the Church of Englande, we are to enquire and search what rights and liberties, God in his ho∣lie word, hath granted vnto his vniver∣sall Church; and so by consequence vn∣to the Church of England, one part of the Catholike church. And this questi∣onlesse was the cause, that moved the victorious Prince Henry the eight, so effectuallie and powerfully to bend him selfe against the Popes supremacie, vsur∣ped
at that time over the Church of England. For (saith the King) wee will with hazard of our life, and losse of our Crowne, vpholde 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 ha∣ving her rights and liberties according to the great Charter, whole and vnhurt, but being in bondage and servitude to the Sea of Rome, contrarie to the lawe of God; the King iudged it to stande highlie with his honor, & with his oath (according to the measure of knowe∣ledge, which then was giuen vnto him) to reform, redresse, & amend the abuses of the same Sea. If then it might please our gratious Soveraigne Lord King IAMES, that now is (treading in the godly steppes of his renoumed great Vncle) to vouchsafe an abolishment of all lordlie primacie, executed by Archi∣episcopal, & Episcopall authoritie, over the Ministers of Christ; His Highnes in so doing, could no more rightlie bee charged with the violation of the great Charter, then might King HENRY the eight with the banishment of the Popes
supremacie; or then our late Soveraigne Ladie the Queene could be iustlie bur∣thened with the breach of her oath, by the establishment of the Gospell. Nay if the Kings of England, by reason of their oath, had bin so straightlie tied to the wordes of the great Charter, that they might not in anie sort, haue disannulled any supposed rightes, & liberties of the church then vsed, and confirmed by the great Charter, vnto the church that thē was supposed, to be the Church of God in England; then (belike) King Henrie the eight, might bee atteinted to haue gone against the great Charter, and a∣gainst his oath, whē by the overthrow of Abbayes & Monasteries, he tooke away the rightes, and liberties of the Abbotts and Priors. For by expresse wordes of the great Charter, Abbotts and Priors, had as ample and as large a Patent, for their rightes and liberties, as our Archb. & Bb. can at this day chalenge for their primacies. If then the rightes and liber∣ties of the one, as being against the lawe of God, be duly & lawfully taken away, notwithstanding any matter, clause, or sentence, conteyned in the great Char∣ter;
the other haue but litle reason, by colour of the great Charter, to stand v∣pon their pantofles, and to contend for their painted sheathes. For this is a rule & maxime in all good lawes, that in omni iuramento, semper excipitur authoritas maioris: vnlesse then they be able to iu∣stifie by the holy scriptures, that such rightes and liberties, as they pretend for their spirituall primacie over the Mini∣sters of Christ, to be granted vnto them by the great Charter, be in deed & truth likewise confirmed vnto them by the holy law of God: I suppose the Kinges Highnes, as a successor to King Henrie the third, and as a most iust inheritour to the Crown of England, by the words of the great Charter, and by his oath (if once the same were taken) to be bound vtterlie to abolish all Lordly primacie, as hetherto vpheld and defended, partly by ignorance, and partlie by an vnrea∣sonable and evill custome.
The vse and studie of the civill lawe wilbe vtterly overthrown; for
the Civilians in this Realme, live not by the vse of the civill lawe, but by the offices of the canon lawe, and such things as are within the compasse thereof. And if you take those offices, and functions away, and those matters, wherein they deale in the canon lawe, you must needes take away the hope of re∣warde, and by that meanes their whole studie.
This collection dependeth vppon his former Reason, & is borrowed to proue a necessary continuance of canon law, and concludeth in effect thus:
The taking away of the reward and maintenance of Civilians, wilbee the overthrowe of the vse and studie of the civill lawe:
But the taking away of the canon lawe, the offices, and functions thereof, and such things as are within the compasse of the same, wilbee the taking away
of the reward and maintenance of Ci∣vilians;
Therefore the taking away of the canon lawe, wilbe the overthrowe of the vse and studie of the civill lawe.
But we denie the assumption, and af∣firme * 1.47 that Civilians might haue farre better reward & maintenance then now they haue, if the offices and functions of the canon lawe, and such things as are conteyned within the same, were simply and absolutely taken away. And further we say, if there were none other vse, nor end of the studie of the civill lawe, then hope of reward, and mainte∣nance by some office & function of the canon lawe, that then Civilians should in vaine seeke for knowledge in the civill lawe, because without the know∣ledge thereof, and by the only know∣ledge of such things, as are within the compasse of the canon law, they might reape that rewarde and maintenance. Nay, sithens by experience wee haue known that some, who neuer vnclapsed the institutions of Iustinian, out of the same to learne the definition of civill iustice, haue bin & yet are authorized,
to exercise the offices and functions of the canon law; how should the studie of the civill lawe, bee furthered by these offices and functions, when as with∣out any knowledge of the civill law, these offices and functions haue bin and yet are dayly vndertaken, and executed to the full? And what mā then (if there were none other rewarde for Civilians) would tenne or twelue yeres togither, beat his braine, and trouble his witts, in the studie of the civill lawe, when every silly canonist might be able and learned inough, to sit in the Bishops throne, and to be iudge in his consisto∣rie? Besides, if the Admonitor speake sooth, viz: that Civilians in this Realm, liue not by the vse of the civill lawe, to what end then should he feare an over∣throw of the studie thereof? For if there be no vse of it in this Realme, for the maintenance of this life, to what vse then should men studie the same in this Realme? As for the vse of it among strangers, and forraigne nations with∣out the Realme; the same (as I suppose) is no greater then such as 3. or 4. Civi∣lians may bee able well inough, fully to
deliver the law, touching all matters of controversie, that may grow to question during the whole space of a Kinges raigne. If no man lived in this Realme by the trade of brewing Beere, but that all Brewers did live by the trade of brew∣ing Ale, what should we neede to feare the decaye of Beere-brewers, or what vse were there of them? In like sort, if men liue onelie by the vse, offices and functions of the canon law, & that men liue not (as he saith) by the vse of the ci∣vill law within the Realme, what follie were it to studie the one, whereas with∣out the knowledge therof, he might live by the other? And therefore it seemeth that the Admonitor by his own weapon, as much as in him lay, hath given the whole studie of the civill law, a most de∣sperate and deadly wound. And to the end we may vnderstand what reward & maintenance, Civilians by the offices & functions of the canon law, doe receyve yearely for their service and attendance, in the Bishops and Archdeacons their Courts; We will examine what fees Do∣ctors of the civil law, being Chancelors, Commissaries or Officials, haue vsually,
and ordinarily allowed vnto them, by their Lords and Maisters. Fees for pro∣bat of Testaments, graunting of admi∣nistrations, * 1.48 with their appendances, of late yeares in some places (whether in all or how many I know not) haue bin de∣mised vnto farm for an annual rent; out of which, either a small or no portion at all, hath bin allowed vnto the Chance∣lor or Official, for his service in this be∣half. Wherevpon (as I coniecture) it hath fallen out, rather then that those Offi∣cers would worke, keepe courts, & tra∣vaile for litle, or nought, there have bin exacted greater fees, for the dispatch of these things, then by law ought to haue bin paied. Perquisits of courts, arising vpon suits, commenced betwene partie and partie, it must bee a plentifull har∣vest, and there must be multi amici curiae in a Bb. consistorie, if ordinarily (com∣munibus annis) they amoūr in the whole to twentie pounds by the yeare: and yet these perquisits, belong not wholy to the Chancelor, but are to be devided be∣tweene him & the Register. And touch∣ing Fees for excommunication, and ab∣solution, fees for institutiō & induction,
licences to preach, licences for Curates and Readers. For testimoniall of sub∣scription, or licences to marrie without banes; fees for cōmutation of penance, & fees for relaxation of sequestrations: touching these manner of Fees, if the same be fees no way warantable, howe are not then such Fees every way disho∣norable for a Doctor of the civill lawe, * 1.49 to take, either of Ministers or people? There must bee therefore some other hope of better reward & maintenance, to incite and incourage schollers, to the studie of the civill law, thē are these beg∣gerlie and vnlawfull fees, depending v∣pon the functions, and exacted by the officers of the canon law: or ells the vse of the civil law (as the Admonitor saith) must necessarilie in short time be over∣throvven. For if Fees for probat of Te∣staments, and granting of administrati∣ons with their appendices, shall still be let to farme; and if also, many vnlawfull Fees were quite inhibited, there would remaine (I trowe) but a very poore pit∣tance for Civilians out of the functions of the canon law, to maintaine their Do∣ctoralities withall. But what better re∣ward
can there bee for Civilians, then hath already bin mentioned? If the Ad∣monitor had not willingly put a hood∣wincke * 1.50 before his eyes, hee might haue seene that the civilians liue not wholy & altogether by the practise of the canon law; but partly also, and that most ho∣norably by the vse of the civill lawe. If a Doctor of the civill lawe, bee Iudge or Advocate, in the Court of Admiral∣tie; if he be Iudge or Advocate in the prerogatiue Court, so farre as the same Court handleth onely matters of Lega∣cies, Testaments and Codicills, to what vse can the canō law serue him, or what advantage can the same lawe bring him in? Besides, to what vse serveth the ca∣non law vnto a Doctor of the civill law, if he shall finde favor in the Kings sight, & if it please the King to make him one of the Maisters of his Requestes, or one of the twelue Maisters of his high Court of Chancerie, or to be the Maister of his Roles; or to be his Highnes Embassa∣dor vnto forreyne Nations, of to be one of his H. most honorable privie Coun∣cel, or to be one of his principall Secre∣taries. It followeth not therefore (as the
Admo, pretendeth) that eyther the Ci∣vilians in this Realme, live not by the vse of the civill law, but by the offices, & functions of the canon lawe, and such things as are within the compasse ther∣of; or that the hope of rewarde, and by that meanes, the whole studie of the ci∣vill 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 finde grac•• in his sight) to appoint Courtes, offices, and all maner of processe and procee∣dings in iudgement for Doctors of the civill law, to heare & determine in the Kings name, all causes being now with∣in the compasse of any civill, or ecclesi∣asticall law within this Realme. And although a litle candle can giue but a litle light, and a small Spring can send•••• forth but a small streame, yet because great fiers are kindled sometimes by 〈◊〉〈◊〉∣tle sparkles, and smal streames 〈◊〉〈◊〉 togither, may in tyme growe into great rivers; I shall desire the great Civilians with their floods & lamps of learning to helpe forward such a law, as where•••• the studie of the civill law, may bee vp∣holden,
the reward and maintenance of Civilians, without any function frō the Canon law, may be enlarged, many cō∣troversies, and disorders in the church, may be pacified, and the Kings preroga∣tive Royall be duely advanced. Which things if it might please them rightly to consider, then let them humblie and se∣riouslie beseech our Sovereine Lord the King, and States in Parleament, to giue their consentes to such a law, as the pro∣iect ensuing, may warrant thē, the same not to be dangerous to the overthrowe of their civill studies.
Pag. 77.
Booke of com. pray. tit. commi∣nation. Homil. 2. part. of the right vse of the Church. Admo. pag. whitgift pag. 654. M. Nowell in his cathe. M. Calvin. M. Iunius. looke Petic. to her excel∣lent Maie. pag. 11.
Iere. 6. 16.
Isaiah. 29 16.
Heb. 11.
Solo. Song 6. 3. 4.
2 Chron. 30. 12.
Pag. ••9.
Pag. 79.
No fe••re that pro∣phane men will ouer∣throw the Gospell.
Admonito∣rie Prote∣stants by their owne doctrine, ought not to bind the Church, to a perpetuall goverment of prelacie.
Puritane Protestants, can neuer o∣throwe the Gospell.
The Gospel hath ouer∣thrown the papist, ther∣fore he can neuer ouer∣throwe the Gospell.
2 Cron. 14.
2 Chro: 24.
The plan¦ting of the Apo∣stolicall gouermēt will draw no altera∣tiō of the lawes of the realm with it.
Pag. 77.
Canon and civil laws no part of the laws of the Realme, but only by suffe∣rance.
2. 25. H 8. C 21. in ye pre∣amble.
An imba∣semēt for Civiliās to haue prefer∣ment by offices of ye canon law.
The ca∣non law be aboli∣shed out of the Realme & ought not to be vsed.
No Canons provinciall or other to bee put in vre, therfore no papal ca∣nōs in force.
Canons pro¦vincial, here∣tofore ena∣cted, beeing preiudiciall, are to bee abrogated.
No cōstitu∣tions or or∣dinances Pro¦vinciall or o∣ther canons to be alled∣ged, there∣fore once they were all abolited.
The Kinge and 32. per∣sons have no power to ex¦amine papal canons; ther∣fore papall canons intē∣ded to bee wholy abo∣lished.
Canons pro¦vinciall al∣readie made onely onau∣thorised by the proviso, therefore no papall can•••• in force.
Tit. pag. 〈◊〉〈◊〉. & 2. The answe∣rer vnto the Abstract, proveth by his reasons the P••pall canon lavve now vsed to be abolished
By the opi∣nion of the Civiliās, the papal canon law seemeth to bee in force.
Apologie of certain pro∣ceedings in courts Eccle∣siasticall.
Power pro∣perly, and improperly called spiri∣tuall.
Power pro∣perly called spirituall, was neuer in ye Queens person.
Power im∣properly cal∣led spiritual, is indeed but a temporall power.
Bishops re∣maine ordi∣naries by cu∣stome, pro∣vincial cāōs, and statute law, though papal canon law be abo∣lished.
25. H. 8. c. 20. 25. H. 8. c, 16.
The Queen was su∣preme ordi∣narie of or∣dinaries.
Pag. 348
Pag. 114. & 130.
1. Eliza. c. 1 & 8. Eliz. c. 1
Ex de Ma∣ior: & o••••.
M. Bilson pag. 330.
The Bb. by a plenarie power devi∣sed & pro∣mulged new canons, with out the Queens assent.
24. Bishops, can make no lawe with∣out leaue. And yet e∣verie Bb: doeth make many lawes
A collection made a∣gainst the former rea∣son by an Apologie for sundry proced by iurisdi. Eccl. pag. 5.
Though all temporal of∣ficers drawe not their power from the Kinge, by the great Seale, yet by one meanes or other wt∣drawe it frō the King.
Chalenge for Lordly primacy, out of the great Charter, an∣••vered.
Mag. Char∣ta. c. 1.
The main∣tenance of Civiliās, de¦pendeth not vpō the fun∣ctions of the canon lavve.
Fees for pro¦bat of testa∣ments let to farme.
Fees due for the executiō of the func∣tions of the canon lavve, dishonora∣ble for a Doctor of the civil lavv
Civilians 〈◊〉〈◊〉 Englād liue not only, by the functiōs of canō lavv