An assertion for true and Christian church-policie. VVherein certaine politike obiections made against the planting of pastours and elders in every congregation, are sufficientlie aunswered. And wherein also sundrie projectes are set downe, how the discipline by pastors & elders may be planted, without any derogation to the Kings royal prerogatiue, any indignitie to the three estates in Parleament, or any greater alteration of the laudable lawes, statutes, or customes of the realme, then may well be made without damage to the people.

Assertion.

Not to stand vpon termes with the Admonitor, that the lawes vsually cal∣led the common lawes of the lande, be∣ing meere customary lawes, did neuer yet stande by the authoritie of the three Estates, I will take his meaning to be, that the statute lawes of England, to this day haue stood by authority of the three Estates; which to alter nowe by leaving out the one, &c. and then therevnto, I aunswere, that not any one of the three Estates should be left out, or barred, frō having authoritie in making and pro∣mulging statute lawes, though the go∣verment of the Church, by Pastors and Elders were brought in. For we which so much cry (as he saith) for this maner of gouerment, to be planted, are so farr from exempting, or excluding any one of the three Estates, from their auncient power, priviledge, and preheminence, in the making of statute lawes, as that we pronounce him to bee guilty of high treason, to the King, and to the Realme, that avoweth the contrary. And we af∣firme

directly, and confesse plainly, that it belongeth onely, wholy, and altoge∣ther to the three Estates, as well to roote out, and to pull vp, whatsoever gover∣ment, is not iustifiable, by the holy law of God: as also to plant & to setle, what∣soever discipline is warrantable by the same law. And to speake as the thing is, how were it possible to haue the disci∣pline by Pastors & Elders planted by au∣thoritie of the three Estates, if one of the three Estates should be left out? Or can it be imagined, that any one of the three Estates, would euer consent, to the brin∣ging in of such a governement of the Church, as whereby (the same gover∣ment being once brought in) the same estate, should ever afterwards cease, to be any more an estate? Besides we acknow∣ledge that all powers are of God, & ther∣fore euery one of the three Estates, being a power, wee graunt that the same hath his stateship, by the authoritie of God. And if all the three Estates, be lawfull by the holie law of God; how can it be ve∣rified against vs, that we, which vrge the same holy law, for the bringing in of the discipline by Pastors and Elders, should

notwithstanding contrary to the same law, intend the leaving out, or altering of any one of the three Estates? But which of the three Estates was it that he ment, should be left out? I trow, there is none of the state of Prelacie, so ill ad∣vised, as to take vpon him the proofe of this position: viz. That the Lords spi∣rituall by them selves alone, doe make one of the three Estates, or that the sta∣tutes of England, to this day haue stood by their authorities, as by the authoritie of those, who alone by themselves, are to be accompted, one of the three Estates. For if that were so, how much more thē, might the great Peres, Nobles, and tem∣porall Lords, chalenge to make by them selves an other estate? And without con∣tradiction, to this day, the Commons summoned by the Kings writ, haue ever bene reckoned a third Estate. Now then if statutes haue hitherto stood, by autho∣ritie of the Lords spiritual, as of the first Estate, by authoritie of the Lordes tem∣porall, as of the second Estate, & by au∣thoritie of the Commons, as of the third Estate, I would gladly be resolved, what accoumpt the Admonitor made of the

Kings Estate. It had not bene liegnes, nor loyaltie (I am sure) howsoever hee spake much of the Lords spirituals duty and fidelitie in the execution of our late Queenes lawes, to haue set her Royall person, authoritie and State, behind the lobby, at the Parliament doore. Either the Kinges Royall person then, as not comprised within the compasse, and cir∣cumscription of the three Estates, by his meaninge (which had bene but a very bad meaning) must be thought to haue bene hitherto secluded, from authori∣zing the statute lawes, made in Parlia∣ment. Or it is a most cleare case, that the Lords spiritual them selves alone, do not make any one of the three Estates. And what matter then of more weight, may it happelie seeme to be, to alter the authoritie of the Lords spirituall, and to leaue them out of the Parliament, when as notwithstanding, they being left out, the statutes of England, may remaine, & continue by authoritie of the three E∣states? And it were not amisse for the Lords spirituall, to consider, that the bo∣die and state of the weale publike, both now is, and euer hath bene, a perfect,

entire and complete body, and State, without the body and state of Prelacie: And that the King, the Nobles, & Com∣mons of the Realme, without Prelates, Bishops, or Clerckes, do make vp all the members, and parts of this body, and of this state; and may therefore ordaine, promulge, and execute, all maner of lawes, without any consent, approbati∣on, or authoritie yeelded vnto the same, by the Bishops spirituall, or any of the Clergie. And thus much our Divines, Histories, & Lawes do iustifie. Sir Iames Dier, Lord chiefe Iustice of the cōmon pleas, in his reportes, telleth vs, that the state and body of a Parliament in Eng∣land, consisteth first of the Kinge, as of the head and chief part of the body; se∣condlie of the Lordes, as principall members; and lastlie of the Commons as inferiour members of that bodie.

By a Statute of provisoes, it appeareth, That the holy Church of England, was founded into the state of Prelacie with∣in the realme of England, by the grand∣father of King Edward the third, and his progenitours, and the Earles, Ba∣rons, and other Nobles, of the Realme,

and their Auncestors, for them to en∣forme the people, of the law of God, & to make Hospitalities, and almes, and o∣ther workes of Charitie, in the places where the churches were foūded. From whence it followeth: First that the Arch∣bishoppes & Bishoppes onelie & alone, doe not make of themselues any state of Prelacie: but that the whole holy church of England, was founded, into a state of Prelacie. Secondlie, it is playne, that the Kings of England, before they, and the Earles, Barons, and other Nobles, and great men had founded the holy church of Englande, into a State of Prelacie, ought and were bounden, by the accord of their people, in their Parleaments, to reforme and correct whatsoeuer was of∣fensive, to the lawes, and rightes of the Crowne, and to make remedy, and lawe in avoyding the mischieves, damages, oppression, and greevances of their peo∣ple, yea and that the Kings were bound by their oathes, to doe the same lawes so made, to be kept, as lawes of the Realm, though that thorough sufferance, and negligēce, any thing should at any time be attempted to the cōtrarie. For where∣as

before the statute of Caerlile the Bi∣shoppe of Rome, had vsurped the Seig∣nories, of such possessions and benefices, as whereof the Kinges of the Realme, Earles, Barons, and other Nobles, as Lords and Avowes ought to haue the custodie, presentements, and collations. King Edward the first, by the assent of the Earles, Barons, and other Nobles, & of all the communaltie, at their instan∣cies and requestes, and without mention of anie assent of the state of prelacie, in the said Parleament holden at Caerlile, ordeyned that the oppressions, greevan∣ces, and damage susteyned by the Bb. of Romes vsurpation, should not from thenceforth, be suffered in any manner. And for as much as the greevances and mischieves mentioned in the said Act of Caerlill, did afterward in the time of K. Edward the thirde, daylie abound to greater damage and destruction of the Realme, more then euer before, and that by procurement of Clerkes, & pur∣chasers of graces from Rome, the sayde King Edward the third, by assent & ac∣cord, of all the great men, and cōmons of his Realme, and without mention of

any assent of Prelates, or Lords spiritu∣all, having regarde to the saide Act of Caerlile, and to the causes conteyned in the same to the honor of God, and pro∣fit of the Church of England, and of all this Realme, ordeyned and established, that the free elections of Archbishopps, Bishoppes, and all other dignities, and benefices electiue in Englande, should holde from thenceforth, in the manner as they were graunted by the Kings pro∣genitors, and founded by the Ancestors of other Lords. And in diuers other sta∣tutes, made by King. Ed. the third, it is said, that our Soveraigne Lord the King by the assent of the great men, and all the cōmons hath ordeyned remedy, &c. That it was accorded by our Sovereigne Lord the King, the great men, and all the commons, that the Kinge chieflie desiring to susteyne his people in tran∣quillitie and peace, and to governe ac∣cording to the lawes, vsages, and fran∣chises of his lande, by the assent and ex∣presse will and accord of the Dukes, Earles, Barons, and the commons of his Realme, and of all other whom these things touched, ordeyned that all they,

&c. By which desire of the Kinge, and wordes of the Act, wee learne, that our Sovereigne Lord Kinge IAMES, may susteyne his people, in tranquillitie and peace, and governe accordinge to the lawes, vsages, and frāchises of his king∣dome, though the assent, and accord of Prelates bee never required to the ena∣cting of anie statute in Parleament. Nay such hath bene and yet is the power of the King, that with the assent and accord of the Nobles, and commons, hee hath authoritie to adnull, and make voyde, even those Actes which in favor of Pre∣lacie, and assent of Prelates, haue bene enacted in Parleament. As by an Acte made in the time of King Edwarde the third, is plainlie to be seene. For where∣as the Kinge by assent of the Prelates, Earles, &c. had willed and graunted for him, and for his heyres, certeyne arti∣cles firmelie to be kept, and holden for ever, namelie, that the Ministers of ho∣lie Church for money taken for redem∣ption of corporall penance, nor for proofe, & accompt of Testaments, nor for solemnitie of Mariage, &c. should not be impeched, &c. before the Kinges

Iustices; nevertheles the same Kinge, in the same yeere, with assent of the Earles, Barons, & other wise men of the Realm, and without assent of Prelates, revoked and adnulled the same articles againe.

Againe King Richard the second hea∣ring the complaints of his faithful liege people, and by their clamour in diuers Parleamentes of divers abuses crept in against the solemne, and devour ordina∣tions of Churches, &c. at the request, & complaint of the Commons, by the ad∣vise and common assent of the Lordes temporal (without mētion of any Lords spirituall) is said to haue ordeined, That none of the Kinges liege people, &c. should take or receive within the Realm of England, any procuracie, &c. And in the eleventh yeare of of the same same Kings reigne, it is specially provided, that the appeales, pursuits, &c. made & given in the same Parleament, be approved, affir∣med & stablished, as a thing duly made, for the weale and profit of the King, and of all the Realme, notwithstanding that the Lords spirituall, and their Procura∣tors, did by protestatiō, absent them out of the Parleament, at the time of the said

iudgment given. And the like protesta∣tion being made by the Prelats, & Cler∣gie, at a Parleament, holden the thirde yeere of the same King, it was replied for the King, that neither for their said pro∣testation, or other words in that behalf, the King would not stay to graunt to his Iustices in that case, and all other cases, as was vsed to be done in times past, and as he was bound, by vertue of his oath at his Coronation. By all which premises it is as cleare, as the sunne shining at noone day, that the Lordes spiritual bee so far from making any one of the three Estates, as that (if it please the King) they may not be so much, as any member, or part of any of the three Estates at all. If in the time of King Henry the eight, the Lords spirituall (being then more in number then the Lordes temporall) had bene but such principal members of the high Estate of Parleament, as without whō, neither law could haue bin made, Monasterie nor Priorie might haue ben dissolved; what could the Kinge haue done as Head, and the Commons haue done as feete, and the Nobles haue done as the Heart, the Liver and the Longes,

to the dislording and discloystering of the Abbots, and Priours, the Monkes, and the Friers of those dayes. In case the Prelates with their armes, and with their shoulders, with their handes, and with their hornes, had heaved and shouved, had pushed, and thrusted to the contra∣rie. But to come nearer vnto our owne times, and remembrances, if it can not be proved, that anie one Lord spirituall was present in Parleament, or gaue anie assent to the enacting of statutes, made in the first yere of the Queenes Maiesties raigne deceased, but that it be a cleare case, that the auncient iurisdiction, pre∣heminences, rightes, and priviledges of the Kinges Crowne, were restored, that poperie and superstition was banished, & the doctrine of the holy Gospell har∣boured onely by the Queene, the Lords temporall, and commons, what more playne euidence or better proofe can there be, that the Lords spiritual, by any necessitie be neither principalls, nor ac∣cessaries, neither branches, nor buddes, neither hanginges nor sealings, nor anie furniture for the house of Parleament. And of this opiniō are the soundest Hi∣storians,

and sincerest Divines of our age.

In the fifteenth yeere of King Edward the third (saieth Maister Fox) divers pe∣titions being put vppe in Parleament a∣gainst provisions comming from Rome, the Kinges answere and agreement was made in forme following: viz: It is a∣greed by the Kinge, Earles, Barons, Iu∣stices, & other wise men of the Realme, That the petitions aforesaid, be made in sufficient forme of law. Where it is to be noted (saith he) that at the graunt here∣of, the consent of the Bishoppes is nei∣ther named nor expressed, with the Lords of Parleament, and yet the Parlea∣ment standeth in his full force notwith∣standing. At an other Parleament (saith he) William Wicham, Bishoppe of Win∣chester, for a slaunderous report, savou∣ring of a contumelious lye, and procee∣ding of a subtile zeale, meaning false∣hoode, was so by the Duke of Lancaster pursued, that by act of Parleament, hee was condemned, and depriued of all his temporall goods. And this seemeth to haue bin done (saith Maister Fox) with∣out assent, and against the willes of the

Lords spirituall; for afterwarde at an o∣ther Parleament, great sute was made by the Cleargie, for deliverance of the said Bishoppe: and being asked a subsidie in the Kings behalfe, with great lamentati∣on they complayned, for lacke of their fellow and brother of Winchester, and denied to ioyne them selves in anie tra∣ctation of anie such matter. And in an∣other Parleamēt holden at Yorke, in the sixt yeere of King Edward the third, all such lawes, as then passed, and were cō∣cluded by the King, Barons, and Com∣mons, were good, notwithstandinge the absence, or malice of the Lordes spiritu∣all. For it is recorded (saith he) that on∣lie the Archb. of Yorke, the Bishoppe of Lincolne, and the Abbottes of Yorke & Silby were there present.

In a booke intituled the burninge of Paules church in London 1561. and in the fift question moved by a papist, it is said, that this maner of ministration of Sacramentes, set foorth in the booke of cō∣mō prayers, was neuer allowed, nor agreed vpon, &c. no not by the Clergie of En∣glande at the last Parleament, but onlie it was agreed vpon, by the Laitie, which

had nothing a doe with spirituall mat∣ters, or causes of religion. Wherevnto the Reverend Father Maister Pilkington Bishop of Duresme aunswering: was there not (saith he) a disputation for Re∣ligion, appointed by the Queenes Maie∣stie, wherein your Clergie was affraid, to vtter their foolishnes, in defending their superstition, least they had taken more shame in answering, thē they did in hol∣ding their peace.? I thinke the Vniver∣sities with so manie places of the Realm, receiving religion, & these other dispu∣ting for it, may be counted to bee some part of the Clergie of the Realme. And so it was not receyued without consent of the Clergie: But these were not of the Parleament, What then? But as Ioash, Iosaphat, Ezekias, and Iosias, did not make a new religion, but restored that which was defaced & had long lien bu∣ried, so our Parleament, did not set forth a new religion, but restore that, which was godlie begane vnder the good King Edward, confirmed by the Parleament, and Clergie then, &c. But nothing can be concluded, as a lawe by Parleament, (say they) without consent of the Cler∣gie

there present. But this havinge not their consent, can not be counted a law, as they thinke. I had rather (saith Mai∣ster Pilkington) leaue this to bee aun∣swered by the Lawiers, then otherwise. Yet that the world may see, that some thing may be saide in it, we graunt him, not this to be true, that no law at all can be made without consent of Bishoppes. Looke your old statutes of Parleament, when Bb. were highest, afore Edward the third, and yee shall reade, that they passed by the consent of the Lords tem∣porall and commons without any men∣cion of the Lords spirituall, which sta∣tutes many of them stand in strenght at this day. Then it may well be gathered, that the consent of the Clergy was not alwayes so necessarie as they thinke it. The Lawyers, Iudges, and Iustice••s put in practise & execute these lawes, ther∣fore their doinges, may bee a sufficient reason, to lead the vnlearned, what opi∣nion they haue of these statutes. For Re∣ligion (except Iustice Raftall) first exe∣cuting that, and afterward runing a∣way, may condemne the rest, which I trust he may not; I thinke they would

not execute them, except they had the strength and nature of lawes. If they doe contrarie to their knowledge and opinion, they can not bee able to an∣swere their doings, but I thinke no wise men are of this opinion. Only these cor∣ner creepers, that dare not shew their face, and would deceyue the people, goe about to deface all good & godly order, that displeases them. In the dayes of King Edward, they had the like fonde opinion, that the Kinge could not make lawes in his minoritie, vntill he came vnto full age, and to make the people to disobey their Prince. Hetherto Maister Pilkington Lorde Bishop of Duresme; with whom the most worthy & learned Maister Iewell, late Bishop of Salisburie, agreeth in every point.

The wise and learned (saith he) could haue told you that in the Parleaments of England, matters haue evermore vsed to passe, not of necessitie by the speciall consent of the Archbishops & Bishops, as if without them no statute might law∣fully be enacted, but onely by the more part of voyces, yea although the Archb. & Bishops were neuer so earnestly bent

against it. And statutes so passing in Parleaments, onely by the voyces of the Lords temporall, without the consent, and agreement of the Lordes spirituall, haue nevertheles bin alwayes cōfirmed, and ratified by the Royall assent of the Prince, and haue bene enacted, and pu∣blished, vnder the names of the Lordes spirituall and temporall Read (saith he) the statutes of K Edward the first, there shall ye find, that in a Parliamēt holden at S^t Edmondsbury, the Archbishops & Bishops were quite shut foorth, and yet the Parleament held on and good, and profitable lawes, were there enacted, the departing, or absence, or malice of the Bishops spirituall notwithstanding. In the recordes thereof it is written thus: Habito Rex cum suis Baronibus Parlia∣mento, & Clero excluso statutum est: The King keeping a Parleament, with his Barons, the Clergie, that is to say the Archbishops and Bishops beeing shut foorth, it was enacted, &c. In provisione de matrona in the time of King Edward the third, whereas matter was moved of bastardy touching the legitimation of bastards, borne before mariage, the sta∣tute

passed wholy, with the Lordes tem∣porall, whether the Lordes spirituall would or no. And that contrary to the expresse decrees & canons of the church of Rome. And thus much the most re∣verend and godly Father Maister Iewell Bishop of Salisbury, wherefore to con∣clude this point against the Admonitors position, I dispute thus:

All those persons, who by any necessity, are none of the three estates, and by whose authorities, the statutes of En∣gland, to this day, haue not stood, to leaue out the same persons, may hap∣pely seeme a matter of lesse weyght, then all men doe iudge it:

But the Archb: and Bb. are such per∣sons, as by necessitie are none of the three estates, and by whose consents, the statutes of Englande to this day, haue not stood,

Therefore to leaue out the Archb: and Bb. may happely seeme a matter of lesse weight then all men doe iudge it.

If our Evangelicall Bishops be of that opinion, of which the Popish Bishops were, viz, that the house of Parleament is an vnfit, & an vnmeete place, to haue

the holie cause of the religion of God, debated and concluded vpon, and that the Layitie without the Clergie ought not to conclude any thinge in religion, & that in respect hereof, their presences, their voyces, and their assents are neces∣sarie in the Parleament: If our Evange∣licall Prelates (I say) make this obiecti∣on: then besides that hereby they vn∣seemely, vnmannerly, & vnchristianly, accuse the whole land of ignorance and blindnes in religion, supposing neither King, nor Nobles, nor Commons, to be able to discerne betwene night and day, besides this (I say) so shamefull an abuse, of a whole Christian nation, I would pray them to remember what the most reuerend Fathers, Maister Pilkington & Maister Iewell haue aunswered, to such cavillous slaunders. For what els inten∣ded they by many examples, & proofes brought for the Parleamentes of Eng∣land, consisting of the King, the Nobles, and the Commons to be lawfull Parlea∣ments, and to haue right to establish re∣ligion, but to iustifie against Popish scof∣fers, that religion might be receyued, & established in Parleament, notwithstan∣dinge

the absence or exclusion of the Clergie? Besides, since our lawes do vp∣hold the state & authoritie of the Con∣vocation house, for the examination of all causes of Religion, surely it can not be truely averred, that it is necessarie for Evangelicall Bishops, to be members of the Parleament house, least controversie of religion, should be handled, and dis∣cussed without them. For how should any matter of religion bee concluded without them in Parleament, when first of all, the same is to be argued among them selves in convocation? or let them hardely (if they can) shew any one in∣stance, of any change, or alteratiō, either from religion to superstition, or from superstitiō to religion, to haue bin made in Parleament, vnlesse the same freely, & at large haue bene first agreed vppon in their Synodes and Convocations? And what booteth it, then to haue a double or treble consultation, and consent of Archbishops & Bishops in Parleament? Is the holy cause of God, any whit bette∣red, by their Bishops riding from Paules to Westminster? Or can it receiue any more strength, by their walking from

Westminster Church, to Westminster Pallace? Nay it hath bene oftentimes so farr from being promoted by their Bi∣shops, as not onelie in their convocati∣ons, but also in the Queenes Parlea∣ments, the same hath ben shamefully in∣treated, and taken the foile: as may wit∣nesse the bill for the better observation of the Sabboth 27. Eliz. which beeing passed by both houses of Parleament, was notwithstanding gainesaid & with∣stood, by none so much as by certayne Evangelicall Bishops, & which (as there all men generallie conceaved) was onlie stayed from being made a law, by the Queene, vpon their counsell, and per∣swasion.

Notes

• The brin∣ging in of y^e discipline by pastours and elders is not the lea∣uing out of Parleament any one of of the three Estates.
• The state of the Prelacie is not one of the three e∣states in Par∣leament.
• Anno 36 H 8. fo. 58. b. & Anno 〈◊〉〈◊〉. j. fo. 93. 2
• 25. Ed. 3. holy church founded in the state of Prelacie by the King.
• These vses are changed to the kee∣ping of great horses, great troupes of idlers with long hayre, and great chaines of golde.
• 6. Eliz. c. ••.
• The Kinge boūd to doe lawes made without as∣sent of Pre∣lates to bee kept as laws of the realm.
• 31. Ed. 5 sta. of heering. 36. Ed. 3. c. 8.
• 8. Edw. 3. 〈◊〉〈◊〉 statute of. Provisours
• The king with the as∣sent of the Nobles and commons, may repeale Statutes without cō∣sent of Pre∣lates. 15. Ed. 3.
• 3 Ric. 2. cap. 3.
• 7 Ric. 2. cap. 12.
• Act & Mo. Rich. 2.
• The King bound by his oth, to do his laws to be made though pre∣lates protest against him.
• The Lords spiritual no principall members of the Parlea∣ment other∣wise then as y^e King plea∣seth.
• No Lordes spiritual pre∣sent in par∣leament, 1 Eliza.
• Act. & Mo. fol. 320.
• Act. & Mo. 525.
• Act. & Mo. 519.
• M. Pilking∣tō Bishop of Duresme.
• M. Iewel B. of Salisbury
• Matters of religion not concluded in Parlea∣ment, before the same bee consulted of in conuoca∣tion.