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.

Let it be graunted, that their whole drift is to bring the government of the Church to that manner of government which the learned cal Aristocracie, what incommoditie should the Church or cō∣mon weale receyur by such a govermēt? when as the same goverment is not on∣lie authorised by the holy lawe of God, but also commended vnto vs by the de∣sires * 1.1 and wishes of sundrie Actes of Par∣leaments. For sayth the booke of com∣mon prayer, the Discipline of the primi∣tiue church, is greatly to be wished. Ari∣stocracie therefore, and the discipline of the primitiue Church, differing but in name, and not in nature; it can not bee hurtfull to the common weale, that the principles and reasons thereof should by

experiēce, be made familiar in the minds of the common people; nay it can not but be beneficial vnto the cōmon weale, when the same shal vnderstand, that the best observers of the law of God, & the best friendes vnto God and his people, are to bee the Officers in the house of God. Neyther is their whole drift, to be disliked, but to be commended, that la∣bour to bringe the government of the church from a Papal Prelacie, to a chri∣stian Aristocracie: the one viz. Aristo∣cracie, * 1.2 accordinge to the interpretation of the name thereof, being optimatum potestas, a power of the best observers of the lawe; the other, viz. Prelacie, ac∣cording to their practise, being pessima∣tum potestas, a power of the worst ob∣servers of the law: the first derived from the law of God, & practise of Gods peo∣ple; the other deduced from the lawes and customes of the Gentiles and idola∣trous Priestes. And this of necessitie, in defence of the trueth, the Admonitors argument, forceth me to speake; for by an implicatiō of the dislike of bringing the government of the Churches by Pa∣stors and Elders, to a Democracie or A∣ristocracie,

he hath by consequence, dis∣claymed and disavowed the goverment of the Church by Prelacie to be anie of those two. And what other government then should we think Prelacie to be, but eyther Oligarchie, or Tyrannie? For nei∣ther Monarchie may it be, neyther Polli∣cie, * 1.3 or polliticall estate can it be: and o∣ther kinde of government besides these there is not anie. For my part, I more charitably iudge of the government of the Church by Prelacie, then to match it with Tyrannie. And although the Ad∣monitor, and the Pervsers and allowers of his booke, were men in their genera∣tion wise, yet had they well weighed the nature of the goverment of Oligarchie, they would rather in this argumēt, haue bin silent, then vpon disclayme of De∣mocracie, and Aristocracie, (goverments both of them commendable in their kinde) haue cast the commendation of their owne goverment of the Church by Prelacie, to so desperat an estate, as is the estate of Oligarchie. Wherein if any doe glorie, because not many of the best, but some fewe of the wealthiest, and richest sort doe governe, then lett him hearken

and cōsider, what (long since) was prea∣ched before Pope Ʋrban the fifte, by * 1.4 one Nicolas Orem, a man singularly commended for learning in his time. * 1.5 Amongst all the regiments of the Gen∣tiles, none (saith he) is more to be found, wherein is to bee seene so great and ex∣ceeding ods, thē in the policie of Priests: Amongst whom one is drunken, ano∣ther is sterved, amongst whom some be so high, that they exceed all Nobles & Princes of the Earth; some againe be so abased, that they are vnder all rascalls; and such a common weath (saith hee) may well bee called Oligarchie. But Thomas Aquinas, he seemeth to set the discommodities of Oligarchie, a pinne * 1.6 higher: for (saith hee) as a Kingdome hath in it the commodities of all other good regiments; of Aristocracie, that the Noblest and chiefest persons among * 1.7 the people, be taken to Councell: of Po∣licie, or politicall estate, where an assem∣blie of all estates is had, & whē the very best of all sorts, are chosen, to consult, and deliberate, of the publique weale: so doeth Tyrannie conteine, and hath in it all incommodities, and vices of all

naughtie & corrupt regiments: of Oli∣garchie it borroweth, that the most wic∣ked * 1.8 & corruptest men be Counsaylors, & that (as it were) a route of Tyrants doe govverne. The reasons and pillers of which Oligarchie, are immoderatnes, excessivenes, disparitie, and inequalitie, passing and beyond all meane and mea∣sure. Now if our reverend Bb. shall shew them selues to bee mal-contented with mee, as though out of the opinions of these learned men, I would gather that the governement of the Church by Pre∣lacie, is one of the corruptest governe∣ments; I am to desire them to haue pa∣tience vntill they shall plainly demon∣strate vnto vs, that the same is not Oli∣garchie. For if hereafter they shall re∣voke their former disgraceful iudgmēts, against the discipline by Pastors and El∣ders, conteyning in it the very nature of true Aristocracie; and withall, instruct vs better of the true nature of their own governement, of the Church by Prela∣cie; they shall finde vs plyable to their opinion, so that it be grounded vpon the principles and reasons of trueth. In the meane season (after the fashion of the

Admonitors maner of admonishing the people, wee most humbly beseech the King and Parleament to bee enformed, that it is greatly to be feared (if Prelacie be Oligarchie) that the Prelates will en∣devour, * 1.9 to transferre that maner of go∣verment, frō the Church vnto the com∣mon weale. And that the cōmon weale shall as miserably be rent, & torne, with factions & vproares, as now the church is disquieted by schismes and divisions. For if only a few of the richest and wel∣thiest sort, shal get an head, and beare all the sway in the cōmon weale, they shall thinke by the principles and reasons of Oligarchie, that they haue iniury, if they haue not as much to do in civil matters, as the Prelats haue to doe in the matters of the Church: And what hereof may follow, as the Admonitor leaveth, so doe I also leaue it to the iudgement of other. Onelie if the way hereof alreadie hath bin troden out vnto them, by some who * 1.10 haue not written, nor spoken, but yet practised the principles and reasons of Oligarchie in the common weale, onelie then this I say, and adde as a caveat, that the daunger to come, is more heede∣fully

to be prevēted. For like as in good harmonie (to make the Musike perfaict) is required a moderate, & proportionate inequalitie of voyces; which, if it too much exceed, taketh away all the sweet melodie, so by too much immoderate inequalitie, or disparitie of Citizens, the common weale falleth to ruine. But why may not the governement of the * 1.11 Church by Prelacie, be a Princely and a Royall governement? In deed this que∣stion, if it should be resolued, by the rules and principles of the canon law, I could hardly disproue that government to be Princelike: for, (as hath bin saide before) quilibet Ordinarius in sua Dio∣coesi; est maior quolibet Principe. Yea and every Bishop, by the same lawe, hath as absolute a spirituall power, within his Diocesse, as a Kinge hath a temporall power within his Kingdome. But be∣cause that law with the rules & princi∣ples thereof, is, or ought to be discarded out of this Kingdome, we will not wade in it. Only we say that the governement of the Church by Prelacie, cannot bee any kinde of Royall and Monarchicall

governement, because Prelates haue not like power spirituall, as Kings and Mo∣narches haue power rēporall. For there was never yet lex regia, de Prelatorum spirituali imperio, lata, qua Prelatis, & * 1.12 in eos, omne imperium suum, & potesta∣tem, aut Deus, aut populus Dei contule∣rit. And therfore where the people haue made the fore said regall law, as there it is iustly said, quodcunque Imperator per epistolam constituit, vel cognoscens de∣creuit, vel edicto praecepit, legem esse con∣stat: and quod Principi placuit, legis ha∣bet vigorem; So likewise, where there is no such regall law, made in the church, there it is as iustly affirmed: quod Pre∣lato placuit, legis non habei vigorem; quodcunque Prelatus per epistolam con∣stituit, cognoscens decrevit, vel canone praecepit, legem non esse constat. And then how can every Prelate, or why doth eve∣rie Prelate, by his sole authoritie, in∣ioyne canons, articles, iniunctions, and orders, to be observed as lawes, in all the Churches of his iurisdiction? If the Admonitor supposed the governement * 1.13 of the Church by Prelacie to be Monar∣chicall, because the Queene was a Mo∣narch,

and that the reverend Bishop go∣verned vnder a Monarch; then what did hee els, but put a weapon into the handes of Pastors and Elders, to prove their governement also, to be Princelie and Monarchicall? Because Pastors & Elders desire not to haue that maner of governement, to bee brought into the Church, otherwise then by the Royall assent, Souveraigne authoritie, and ex∣presse commandement of our most gra∣tious King and Monarch. Besids, if any governement may be therefore saide to be a Monarchie, because the same is de∣rived from an earthly Monarch, howe much more then may the governement of the Churches, by Pastors and Elders be adiudged Monarchical, by reason the same is deduced from our heavenly and everlasting Monarch. For the reverend Bb. by their publike preachings, & apo∣logeticall * 1.14 writings testifie, that power & authoritie to ordeine and depose Mini∣sters; to excommunicate and to absolue; to devise and to establishe rites and cere∣monies in the church; to define what is trueth; to pronounce what is falsehood; to determine what is schisme; and to cō∣demne

what is heresie: our reverend Bb. (I say) confesse this power, to bee origi∣nallie decided, vnto the true Bishoppes, and Pastours of the Church from the Kinglie and Soveraine power of our Sa∣viour Christ. By what name therefore soever the gouvernment of Pastours and Elders in the Churches be called, there is no manner of cause to dislike of the planting of that government in a Mo∣narchie, because the same is instituted by the Monarch of Monarches, who is able, and readie, to vphold the state of al Monarchies in common weales, togi∣ther with the state of Aristocracie in his * 1.15 Church. Neither is there any cause for anie Monarch in the world, to feare the making of christian commō people, by familiar experience, to haue the sence & feeling of the principles and reasons of Aristocracie.

For if a people haue once submitted their necks to the yoke of Christ, they can liue a peaceable & godly life, vnder all kinds of powers, because they knowe all kind of powers, to be the ordenance of God. But especially, there is not, ney∣ther euer was, neyther euer can there be,

any cause for any King, or Monarch of England, greatly (as the Admonitor in∣sinuateth) to feare, that the common people, will very easely transferre the principles, and reasons of Aristocracie, to the gouerment of the common weale; and therevpon bee induced to thinke that they haue iniurie, if they haue not as much to doe in civill matters, as they haue in matters of the Church, seeing they also touch their commoditie and benefit temporallie, as the other doeth spirituallie. And certes it seemeth that the Admonitor was drawen very drie of reason, whē he was fayne to plucke this stake from the hedge, to make a fire, and to kindle the wrath of the Magistrate, against the forme of discipline, by Pa∣stors and Elders. For whether hee in∣tendeth that the Pastors and Elders will thinke them selues to haue iniurie, if they deale not in all causes of the com∣mō weale, as well as in all causes of their churches; or whether he ment, that the common people, will easely transferre, the government of the common weale, from a Kingly Monarchie, to a noble Aristocracie, there is neither soothnes

nor soundnes in his meaning. For si∣thence * 1.16 the learned Ministers against the reuerend Bishopps by the holy rules of our faith, mainteyne that it is not lawful for a Minister of the Gospell, to exercise civill magistracy, and that it is not law∣full for the man of God, to bee intan∣gled with the affaires of this life; how is it probable, that those Ministers will easely oppugne their owne knowledge, by their owne cōtrary practise? Or how is it probable, that they would over∣loade them selues with that burthen, to ease the Church wherof they haue con∣tentedly exposed thē selues into a num∣ber of reproches, contempts, bytings, & persecutions? As for that other intende∣ment of the Admonitors, that it is great∣lie to be feared, that the commō people will easely transferre Monarchie, vnto Democracie, or Aristocracie, if the prin∣ciples and reason thereof, by experience, were made familiar in their minds. this reason (I say) might seeme to carrie some shewe of affrighting a Monarch, if the same were insinuated vnto a king, whose people were neuer acquainted with the principles & reasons of Democracie, or

Aristocracie: but this feare being insi∣nuated vnto our late Souveraigne Ladie the Queene, whose people euer since the time they first begā to be a people, haue had their witts long exercised, with the * 1.17 sence and feeling, of the reasons & prin∣ciples, aswell of Democracie, as also of Aristocracie, what sence had the Ad∣monitor to vrge this feare? That in the Kingdome of Englande, the common people haue alreadie the sence and fee∣ling of the reasons & principles of De∣mocracie, cannot be denied. For in eue∣rie cause almost, aswell of criminall, as ciuill iustice (some few only excepted) to be executed in the common weale, by the common lawes of the Realm, haue they not some hand, and dealing in the same, by one meanes or other? Nay which is more, haue they not the sence and feeling, of the making, and vnma∣king their owne lawes in Parleament? And is not their consultation in Parlea∣ment, a mere Democraticall consulta∣tion? As much also there is to bee avo∣wed, for the sence, and feeling of the reasons, and principles of Aristocracie, to be alreadie in the minds of the Peres,

the Nobles, the Iudges, and other great men of the Realme. For are not the Wisest, the Noblest, & the Chiefest taken out of these, by the King, to bee of his Counsell, and to be Iudges and Iusticers in his Courts? Yea, and is not their as∣sembly also in Parleament, a mere Ari∣stocraticall assembly? And what tran∣slation then is there greatly to be feared, out of the Church to bee made into the common weale, when the minds of all sorts of our common wealthes-men, be already seasoned, with the things which hee feareth? And when the common weale is alreadie seysed of the principles and reasons, which he would not haue familiarly known vnto it. Wherefore that the King, the Nobles, and cōmons, may no more be scarred, with the stran∣genes of these vncouth, and vnknowne greeke names, of Democracie, and Ari∣stocracie, writtē in his booke with great and capitall letters; I haue thought it my duty, by these presents to informe them, that the govermēt of the church by Pastors and Elders nowe wanting a∣mongst vs, and desired to bee brought into the Church, by the Souveraine au∣thority

of our King, Nobles, and com∣mons in Parleament (for the outward form & manner thereof) is none other manner of gouerment, nor forme of * 1.18 pollicie, thē such as they, and their pro∣genitors and Ancestors, for many hun∣dred yeares togither, without interrup∣tion, haue vsed and enioyed in the com∣mon weale. And that therefore it will be a very easy matter, to transferre the same, to the gouerment of the Church. For by the reasons and principles of their own gouerment, in the common weale, and by the sence, & feeling thereof, they may wel be induced, to thinke, that they haue iniurie, if they haue not as much to doe in matters of the Church, as they haue to doe in matters of the common weale, seeing they touch their commo∣ditie and benefitt spiritually, as the other doeth temporally. And withall on the other side, I shall doe my best indeavour, to aduertise them that the gouernement of the Church by Prelacie, is such a ma∣ner of gouernment, as was neuer yet * 1.19 in the administration of iustice by any subiect (no not touching the outward forme thereof) once admitted into any

part of common weale: and that there∣fore the same (if it may please the King) will very easely bee sent, and transmari∣ned vnto Rome, frō whence it first came, & where it had it originall and birth∣right. And to the end, that we may clea∣relie discerne, whether the nature of the gouerment of the Church by Prelacie, or the nature of the gouerment, desired to be planted by Pastors and Elders, be more agreable to the nature of the pol∣licie, receaued and vsed both by the No∣bles, and common people, in the com∣mon weale; it is necessarie that the man∣ners and formes, both of Prelaticall, & Pastorall gouernment, be made familiar vnto the minde of the Reader. And be∣cause wee haue alreadie declared, the manner of the election, and confirma∣tion both of a Bishopp, into his Episco∣pall Sea, & of a Minister, into his Pasto∣rall charge; what the one is by the lawe alreadie established, and what the other, by a law desired to be established, ought to be, wee will not any more speake of their entrāce, into eyther of their places, vnles only (a litle to recreate the Reader) we merely note what answere some Bb.

haue made, when as long chasing after Bishopricks, they haue chafed in their minds, for feare of loosing their pray: as was the answere of that Italian Bishopp, * 1.20 who beeing thrise demaunded of the Archb. (as the manner is) vis Episcopa∣ri? vis Episcopari? vis Episcopari? and being willed by one standing by, thrise againe to aunswere (as the maner is) no∣lo, nolo, nolo. He making no bones at the matter, aunswered aloude with an oath, Proh Deum, dedine ego tot milia Flore∣norum, pro volo Episcopari, & iam debeo dicere nolo? or as was the answere of that English Bishop, who having promised a Courtier one annuitie of xx. pound, du∣ring * 1.21 his life, out of his Bishopricke, if he could procure the speedie sealing of his congedelier: within a while after, whē it was sealed, he rapt out an oath, & sware by Iesus God, that the same Gentleman had done more for him, then an other great Courtier, who before hande, for that purpose, had receyued frō him one thousand markes: But whether all Bi∣shoppes buye their congedeliers dearer, or better cheape, is not a matter incident to this treatise; onlie if they buie deare,

they may happelie think with them sel∣ues, that they may sell deere, vendere iu∣re potest, emerat ille prius, setteth not a∣nie price vpon any wares in the Royall exchange. But to returne to our pur∣pose, whence by occasion of those Bi∣shoplie oathes and answeres, wee haue a little digressed: let vs see what is the ma∣ner * 1.22 and forme, of the administration of spirituall iustice, in the gouernment of the Church, by Prelacie, as the same is ordinarilie administred, in all places throughout the Church of Englande. Wherein that we be not mistaken, it is to be vnderstood, that the maner of ad∣ministratiō of iustice, wherof we speak, is that administration of iustice onlie, whiche respecteth the punishment of crimes eccllesiasticall to be inflicted by spirituall censures. In all which cases, penances, suspension, and excommuni∣cations, in the Bishops consistorie, pro∣ceed from the iudgement, and authori∣tie of the Bishoppe alone, if he bee pre∣sent, or from the sentence and power of his Vicar generall, or Cōmissarie alone, if he be absent: Nay doth not everi such censure likewise in the Archdeacons

consistorie, proceede from the sole au∣thoritie of the Archdeacon? or if he bee absent, from the sole authoritie of his officiall? But if the like course of the execution of Iustice as this is, can not be found, to be an ordinarie course of Iu∣stice, in the common weale, where Iu∣stice is administred in criminall causes, by the ministerie of a subiect: I would faine learne, what preiudice may be fea∣red to redound vnto the cōmon weale, if the administration of spirituall Iustice (after a sort) were established, to be after the same manner in the Church, after which civill Iustice is alreadie practised in the common weale. I said after a sort, to this end, least I should bee mistaken. For the meaning is not, that spirituall Iustice should bee ministred exactly, in * 1.23 every respect, after the maner of civill Iustice, but the comparison standeth on∣lie in this; that, as not any one tempo∣rall subiect alone hath authoritie to heare, to examine, and to iudge any one criminall cause, in any Court of civill iustice, in the common weale; so like∣wise that not any one spirituall person alone should haue authoritie, to be ex∣aminer

and iudge of any one criminall cause in any Court of spirituall Iustice in the Church. For if certain principall * 1.24 & godly persons, associated vnto a lear∣ned and zealous Pastor, in the presence, and with the consent and authoritie of the people of every Parish, did enioyne penance, suspend, or excommunicate a spirituall offendor, were not this forme of administration of spirituall iustice, more consonant, agreeable, and confor∣mable, to the daily executiō of civill Iu∣stice in the Courts of the cōmon weale, then is the administration of spirituall Iustice, by the Bishopp alone, or by his Vicar general alone, in his Consistorie? and to make this matter more familiar in the mind of the Reader, for an instāce or two let vs suppose, that Mai. Doctor Bancroft were still Parson of S. Andros * 1.25 in Holborne, and that hee had chosen Maister Harsnet to bee his Curat, and withall that Mai. Dodge, Ma. Merbury, Maister Flower, and Maister Brisket, (all cheefe attendants on his late great Lord and Maister) were inhabitants within the same Parish, & that the chiefe men, of the same Parish, had chosen those to

be assistants to him, and to his Curat, for the inquisition of the demeanours of all the Puritanes and Precisians with∣in his Parish; let this (I say) bee suppo∣sed, would not hee and they (trow wee) thinke it a high scorne, and an indigni∣tie to be offered vnto their Maisterships, in case it should bee insinuated, that Maister Doctor Stanhope, were better able, with one litle blast of breath, vpon a peece of paper, to blow away all Puri∣tanisme, out of the Citie and Diocesse of London, then these great Chaplins, and discrete gentlemen, with their thun∣drings, and with their lightnings, were able to fright the same out of one poore Parish in Holborn? And againe, to make this matter yet a litle more familiar to the minde of the Reader, let vs suppose againe that thundering Mai. Merburie now Lecturer in in the church of Saint Mary O••eris, were Pastor of the same church, & had, to be his assistants in the Ministery but simple M. Buttertō, & that they two, for the Elders of the same Church, to be chosen by the Parish, had such, and such, and such, and such men louers, of all honestie and godlines, and

enemies vnto all dishonestie, and vn∣godlines; could not these learned and graue Ministers, with the assistants of such wise & godly Borough-maisters, be as well able, to reforme Papists, Atheists, swearers, prophaners of the Sabaoth, Drunkerds, adulterers, and such like, within the Borough of Southwark; as is Maister Doctor Ridley, to bring to any good amendement of life, all such kind of persons, within the whole Diocesse of Winchester? If the examination and iudgement of all theeueries, pickeries, burglaries, robberies, murders and such like, were committed to Maister Do∣ctor Ridley alone, for the Diocesse of Winchester, and to Maister D. Stanhope alone for the Diocesse of London, were it not like, that for one such malefactor, as there is now, we should shorthly haue an hundred? And therefore to hold vs still to the point in question, it is very plaine and euident, that this manner of spirituall Iustice, mentioned to be exe∣cuted, by the Pastors and Elders, is more correspondent, to the administration of civill Iustice, in the common weale, then is that manner of the execution of spi∣rituall

Iustice, by Doctor Stanhope or Doctor Ridley; by the Bishop of Londō, or by the Bishoppe of Winchester. For to begin with our meanest, and basest Courts, let thē shew vnto vs, any Court, Leete, Law-days, or Sherifs turnes, with∣in * 1.26 any Countie, Citie, Towne, Borough, Village, or Hamblet within the Realme, wherin matters of civil Iustice are heard, examined, and adiudged by one man alone. If for the common benefit of the Tenants against incrochmēts, ouerlay∣ing of cōmons, wast, nuisances, or such like, any payne is to bee offered, or pre∣sentment made, the same is not set or made, by the Steward, Sherif, or other Officer alone, but by the commō voice and consent of all the homagers, and suitors to the Court. The Steward indeed is the director, and moderator of the Court, the giuer of the charge, and the mouth of the whole assembly, to pro∣nounce and enact the whole worke of their meeting, but he is not the only in∣quisitor, the presentor, the informer, or the Iudge, to dispose all things accor∣ding to his owne discretion. Besides, matters of the Kings peace, are not com∣mitted

in any Countie, or other place within the Realme, only to one Iustice of the peace alone. For neither at the ge∣nerall * 1.27 Sessions of the peace, nor at any other lesse publike meetings, any per∣son, for any offence, (whereof he stan∣deth indighted, or for which he is pu∣nishable) can be fined, amerced, or bo∣dily punished, at the discretion of one Iustice alone, but by the greatest part of the Iustices assembled, his penaltie is to be imposed vpō him. Furthermore, this manner of the examination of the fact, and declaration of the law, for the triall of the fact, and iudgement of the lawe, doth not reside in the brest of one Iuror or Iudge alone. In the Courte of the Kings Bench, if a prisoner bee brought to the Barre, and confesse not the crime, * 1.28 by the Iustice of that Court hee can re∣ceaue no iudgement, vnlesse he be first indicted, by inquisition of 12. grand Iu∣rors at the least, and afterward againe be tried by other 12. brought iudicially in∣to the Court face to face. Yea & in this Court, neither the interpretation of the common law, nor the exposition of any statute dependeth vpō the opinion, cre∣dite,

or authoritie of one Iudge, no not of the Kinges chiefe Iustice him selfe alone; for his other three brethren and Co-juges; varying from him in point of law, may lawfully over-rule the Court. The same maner of iudgement, for the law is in vse, and is practized by the Iud∣ges, in the Court of common Pleas, and by the Barons of the Exchecquer in the Latin Courte of the Exchecquer. And not onely in these Courtes of lawe and * 1.29 Iustice, but also in all the Kings Courtes of equitie & cōscience; it is not to be sene that any one person alone, hath any absolute power, without assistants, fi∣nally to order, iudge, and decree, any cause apperteining to the iurisdiction of those Courtes. In the Courte of Re∣questes, there are not fewer then two, * 1.30 yea some times three, or fower, with Maister of Requestes in commission, to heare and determine matters of equitie in that Court. In the Courte of Wardes and liveries, there sitteth not onely the * 1.31 Maister of the Wardes, but also the Kinges Attorney, the Receaver and o∣ther Officers of the same Courte. In * 1.32 the Courte of the Checquer-chamber,

with the Lord Thresorer, (who is chiefe and President of that Councell) yet with him as assistants, doe sit the Chan∣celor of the Exchequer, the Lord chiefe Baron, and the other Barons. Whatso∣ever decree finall is made in the Kinges * 1.33 high Courte of Chancerie, the same is decreed, not by the Lorde Chancelour alone, but by the Lord Chancelour, and the high Court of Chancerie: wherein the Maister of the Roles, and the twelfe Maisters of the Chancerie as coadiutors, doe sitt and giue assistance. In the most honorable Court of Starre-chāber, the * 1.34 Lord Chancelor, the Lord Thresaurer, and the President of the Kings most ho∣norable Coūcell, & keeper of the Kings privie Seale, or two of them, calling vnto them one Bishop, & one temporal Lord, of the Kings most honorable Councell, the two chiefe Iustices of the Kinges bench, and common Pleas for the time being, or other two of the Kings Iustices in their absence, haue full power and authoritie, to punish, after their deme∣rits, all misdoers being founde colpable before them. If wee search our statutes (besids the Courts, and matters determi∣nable

in these spoken of before) we shall find, that the complaints of errour, whe∣ther it touch the King, or any other per∣son, * 1.35 made in the Exchecquer, should be done to come before the Chancelor, & Treasurer, who taking to them two Iustices, & other sage persons, are duely to examine the busines; and, if any er∣rour be found to correct, & amend the Roles, &c. By reason of delayes of iudg∣ments, vsed in the Chauncerie, in the * 1.36 Kinges bench, common bench, and in the Exchecquer, it was assented, establi∣shed, and accorded, that a Prelate, two Earles, and two Barons chosen by the Parleamēt, by good advise of the Chan∣celour, &c. shall proceed to take a good accord and to make a good iudgement. When it was complayned vnto the King. that the profites, &c. of his Realme by * 1.37 some great Officers, &c. were much withdrawen and cloyned, &c. it pleased the King, &c. to cōmit the surveighing, aswell of the estate, &c. of his house, &c. vnto the honourable Fathers in God, William Archbishop of Canterburie, and Alexander Archbishop of Yorke, &c. by a statute of commission for a 1.38 Sewers:

by a statute for punishmēt of b 1.39 periurie: by a statut against making or executing of actes, or ordinances, by any c 1.40 Mai∣sters, &c. being not examined, &c. by the Lord Chancelour, Treasurer, or chiefe Iustices, &c. By a statute for the erection of the Court of d 1.41 Augmētation: by a sta∣tute for erection of the Court of firste e 1.42 fruits & tenthes: and lastly by an f 1.43 acte for redresse of erroneous iudgements in the Court commonly called the Kinges Bench: By all these statutes (I say) it is very apparant; that the Administration of publike affaires, in the cōmon weale, hath never bene vsually committed, to the advisemnet, discretion, or definitiue sentence, of any one man alone. Which point is yet more fully, and more per∣fectly * 1.44 to be vnderstood, by the establish∣ment, & continuance, of the Kings Lord President and Councell in Wales; of the Kings Lord President and Counsel esta∣blished for the North; of the Kinges Lord Deputie and Councell within the Realme of Irelande; of the Kings High∣nesse most honorable privie Councell, chosen by him for the assistance of his Royall person, in matters apperteyning

to his Kingly estate; and lastly of the su∣preame and grand Councell of the three estates in Parleament, for matters con∣cerning * 1.45 the Church, the King, and the common Weale. For whether respect bee had vnto the secrete affaires of the Kings estate, consulted vpō in his High∣nesse Councell Chamber, by his privie Counsaylors, or whether we regard the publike tractation of matters in Parlea∣ment, there can bee no man so simple, as not to knowe, both these privie and open negotiatiōs, to be carried by most voyces of those persons, who by the King are called to those honorable as∣semblies. And what a vaine iangling then doth the Admonitor keepe, & how idlely and wranglingly doth he dispute; when against the government of the church by Pastours and Elders, he obie∣cteth, that the same will interrupt the lawes of the Realme: that it wilbe great occasion of partiall & affectionate dea∣ling, that some will incline to one parte, and that the residue wilbee wrought to favour the other; and that thereby it wilbe a matter of strife, discord, schisme and heresies? Howbeit if never any of

these extremities and dangers, haue fal∣len out in the common weale, by any partiall or affectionate dealing of the Kings Deputies, Presidents, Iudges, Iu∣sticers, and other Officers & Ministers, associated vnto thē for the administratiō of Iustice, or equitie in any of the Kings civill Courtes; howe much lesse cause haue we to feare any partialitie, affectiō, working inclination, favour, strife, de∣bate, schismaticall or hereticall opini∣ons, if once Pastours and Elders in every Congregation, and not thoroughout a Diocesse one Bishop alone, had the spi∣rituall administration of the Church∣causes? Can many temporall Officers, Iusticers and Iudges, rightly and indif∣ferently administer the law, and execute iustice and iudgment, without that, that some doe incline to one part, & without that the residue bee wrought to favour the other part? And cannot spirituall Officers dispatch spiritual affaires, with∣out that, that they be partially & affecti∣onally disposed? What? is it so easie a matter that the Ancients of God, and the Ministers of Christ, can the one part in∣cline to righteousnes, and the residue be

wrought to favor wickednes? can some incline to God and vnto Christ; and can other some be wrought to follow Satan and Antichrist? For what other contro∣versie, is required to be decided by Pa∣stours and Elders, then the controversie of sinne, betwene the soule of man, and his God? And is there any Christian Pastour or Elder, that wilbe wrought, rather to favour the sinne of a mortall man, then the glorie of his immortall God? But to leaue the state of the King∣dome and common weale, and the good vsages and customes of the same; let vs come to the state of the Church it selfe, and to the lawfull government thereof, established even amongst vs at this day. * 1.46 For whatsoever our reverend Bishoppes practise to the contrarie, yet touching ordination and deposition of Ministers; touching excommunication and abso∣lution; touching the order and rule of Colleges, Cathedrall churches, and the Vniversities, the ecclesiasticall law doth not commit the administration of these things, and regiment of these places, to any one person alone. The Vniversities admit not the goverment of the Chan∣celour

being present, nor of his Vice∣chancelour * 1.47 (him selfe being absent) as of one alone: the Doctors, Procurators, Regents, & non-Regents, haue all voy∣ces, and, by most of their voyces, the V∣niversitie causes take successe. The bu∣sinesses * 1.48 of Colleges, by the statutes of their founders, are commended to the industrie and fidelitie of the President, Vice-president, and fellowes; vnto the Provost, Viceprovost, and fellowes; vnto the Warden, Sub-warden, and fellowes; vnto the Maister and followes: and vnto such like Officers & fellowes. The Ca∣thedral * 1.49 churches their livings, and their landes, their revenues & their dividents, their chapiters, and their conferencies, depend vpon the will and disposition of the Deane and Chapiter, and not of the Bishop alone. Neither can the Bishoppe * 1.50 alone, by any ancient canon lawe (pre∣tended to be in force) place, or displace, excommunicate, or absolue, any ecclesi∣asticall person, without the iudgment of the Chapiter. And aswell by a statute 21. H. 8. c. 13. as also by the booke of consecrating Archbishops, &c. the pre∣sence of divers Ministers, and the people

is required, at the ordination of every Minister. As for the deposition, or de∣gradation of Ministers (vnder the cor∣rectiō * 1.51 of the reverend Bb. be it spoken) I thinke, they haue not so much as any colour of any law for it. The forme of the degradation of a Popish and sacrifi∣cing Priest, by the canon law can bee no pretexte to degrade a Minister of the * 1.52 Gospel, because a Minister of the Gospel is not set into his charge, per calicem, & patinam, with a cup full of wine, & dish full of hostes: Neither receaveth he any charecter at al of a shaveling Priest. And because a Minister of the Gospell, is or∣deyned onely after that manner, which the statute lawe hath appointed, howe should the ordination made by so high an authoritie, bee vndone by any other power? vnto the former maners, of the administration of the causes of the V∣niversities, Colledges, and Cathedrall churches, may bee added the executi∣on of ecclesiasticall iurisdiction, com∣mitted heretofore by the Queene vn∣to the ecclesiasticall Commissioners. For althoug by the words of the statute, her Highnes had full power, and autho∣ritie, * 1.53

by her letter patents, to assigne, name, and authorize, any one person, a naturall borne subiect, to execute spiri∣tuall iurisdiction; yet neverthelesse, ac∣cording to the laudable vsages, and cu∣stomes of her kingdome, and Courts temporal, shee evermore authorised, not one alone, but diuers & sundrie, aswell temporall, as ecclesiasticall persons, for the execution thereof. Which manner of commissiō, because the reverend Bb. commend the same, and avowe that it would doe more good, if it were more common, it cannot but seeme, to bee a most gratefull thing, vnto all good men, especiallie vnto those reuerend Fathers, if humbly wee beseech the Kinge, that his Highnes would be pleased, to make it more common. And therefore, in the * 1.54 behalfe, aswell of the reverend Bb. as of all the learned and graue Doctors, and Pastors of every church, we most instātly intreat our most gracious Souverayne Lord the King, that where in any Parish, there shalbe found a learned preaching Minister, resident vpō his benefice, that there he would be pleased by his autho∣ritie Royal, vnder the broad Seale, to en∣able

him, and some other godly and faithfull Knights, Esquires, Gentlemen, Citizens, Borough-Maisters, or other chief men of the same Parish, to execute spirituall Iustice against drūkards, adul∣terers, swearers, raylers, and such like ecclesiasticall offendours, inhabitants only within the same Parish. For in this case we say, as the reuerend Bb. say, bo∣num quò communius, eò melius. If any * 1.55 exception should be taken, or challenge made scoffinglie, and with scornefull termes, against these lay parochians, as heretofore hath bin vsed, against laie el∣ders, or lay Aldermen (as they call thē) let him that taketh such exception, ad∣vise him selfe wel, and remember before he speake, that in speaking he controle not the policie, the practise, the wisdom, & the authoritie, both of our late Queen deceased, and of our Souverayne Lord the King now raigning; who authori∣zed, and doth authorize lay-men to bee ecclesiasticall commissioners. Which kind of lay men, or lay Elders (as they call them) that they haue ioyned in the exercise of the chiefest censure of the Church, viz. excommunication, with

ecclesiasticall persons, hath bin already proved, by the sentence of excommuni∣catiō pronounced against E. by Maister W. and his associates, whereof diuers were laie-men. Againe if one laie Elder dwelling at Winchester, may call and ssociate vnto him self, one ecclesiasticall Elder, dwellinge at S. Georges in South∣warke, to excōmunicate any Parochian or Minister subiect vnto the iurisdiction of the Archdeacō of Surrey, in what Pa∣rish soeuer of the same iurisdiction the partie shall dwell: if it be lawfull (I say) * 1.56 for euerie ordinarie, to ioyne one laie Elder, & one ecclesiasticall Elder, toge∣ther in cōmission, the one to pronounce sentence of contumacie, the other to de∣nounce sentence of excōmunication, for everie spirituall contumacie, committed within his iurisdiction; what reason can any man pretend, why it should not, be much more lawfull, for the King by his Royall authoritie, to apoint a learned, & preaching Pastor with the assistance of some cōpanie of faithfull inhabitants of the same Parish, to exercise all maner of spiritual iustice within their own parish?

If the King shall stand in doubt, whe∣ther

any Discipline by excommunicatiō be exercised, after this, and this maner, in the church of Englande, then to put his Highnes out of all doubt hereof, may it please the King to consider the precept of the reverend Bishoppes made in their convocation; togither with the practise of the venerable Archdeacon of Surr. following. The precept is this; Ʋnus∣quisque * 1.57 Vicarius generalis, officialis, seu Commissarius, qui ordines ecclesiastico; non susceperit, eruditum aliquem presby∣terum, sibi accerset, & associabit, qui suf∣ficienti authoritate, vel ab ipso Episcopo, in iurisdictione sua, vel ab Archidiacono (presbytero existente) in iurisdictione sua munitus, id{que} ex praescripto iudicis tunc praesentis, excommunicationis sententiam pro contumacia denunciabit. Everie Vi∣car generall, Officiall, or Commissarie, which hath not taken vpon him, eccle∣siasticall orders, shall call and associate vnto him some learned Presbyter, who being armed with sufficient authoritie from the Bishopp in his iurisdiction, or from the Archdeacon, beeing a Presby∣ter in his iurisdiction, shall denounce, & that by the prescript of the Iudge pre∣sent,

the sentence of excommunication for contumacie. Now the maner of the * 1.58 practise of this precept, ensueth in these wordes: Iohannes Hone, legum Doctor, Officialis venerabilis viri domini Archi∣diaconi Surr. omnibus & singulis rectori∣bus, &c. salutem. Cùm nos rite & legiti∣me procedentes, omnes & singulos quorum nomina, &c. in nō comparendo coram no∣bis, &c. seu saltem in non satisfaciendo mandatis nostris, &c. pronunciaverimus contumaces, ipsos{que}, &c. excommunican∣dos fore decreverimus. Cum{que} discretus vir magister Roul. Allen presbyter, eosdē omnes & singulos subscriptos, ex officio nostro excommunicaverit in scriptis iu∣sticia id exigente, vobis igitur committi∣mus, &c. quatenus eos omnes, &c. sicut prefertur ex officio nostro mero excōmu∣nicatos fuisse & esse, &c. palam denunci∣etis, &c. Datum sub sigillo officialitatis nostrae, 19. die Decembris Anno Domi∣ni 1587. John Hone Doctor of the Lawes, Officiall of the venerable man, the Archdeacon of Surr. to all and sin∣gular persons, &c. greeting: Whereas we, otherwise rightlie, and lawfully pro∣ceeding, all and singular whose na••••s

are vnderwritten, in not appearing be∣fore vs, or at least-wise, in not satisfying our mandates, haue pronounced contu∣macious, and decreed them to be excō∣municated: And whereas also the dis∣crete man M. Rouland Allen presbyter, out of our office, hath excōmunicated, all and singuler vnder written, iustice so requiringe, wherefore wee charge you that openlie you denounce, and declare them, & everie of them, so as aforesayd out of our office to be excōmunicated. Giuen vnder the seale of our officialitie. The 19. day of December. 1587.

By this practise, it doth appeare, that Doctor Hone, and Rouland Allen can∣vased manie poore men verie piteouslie. And that this poore curate Rouland Al∣len, had a warme seruice, to attend vpon Doctor Hone, and to ierk those, whose points soeuer hee should vntie. But be∣cause this precept, was an article con∣cluded vpon, by the reuerend Bishopps, in their convocation, and confirmed (as I suppose) by the Royall authoritie of our late Queene, wee will forbeare, to speake what we thinke, might iustlie be spoken, against the incōgruitie ther∣of.

Onely this without offence, to the reuerend Bishoppes, wee may safely de∣maund: sithence everie ordinarie, whe∣ther he be a Bishopp, or a presbyter, by this article of their owne devise, hath such an absolute power, resiant in his person, as that thereby, thoroughout his whole iurisdiction, he may thus cō∣mit, the execution of discipline, by ex∣communication, partlie to one laie per∣son, and partlie to one ecclesiastical per∣son, partly to a supposed spiritual Elder, and partlie to a lay Elder: sithence (I say) this is so; we may safelie demande, what reason they can produce, to hinder the King, from having authoritie, to cō∣mande three, or fo••re, or (if occasion * 1.59 serue) fiue or six lay Elders (as they call them) and one spirituall Pastor, being a true spirituall Elder in deede, all lawful∣lie chosen ecclesiasticall Officers in the house of God, that they ioyntly should not execute the discipline of Christ, viz. excommunication and other censures of the church, in every Parish within his Kingdome? If it bee aunswered, that in this case, the Presbyter alone doth excō∣municate, is it not, as if one should say,

that the executioner doth giue iudgmēt when at the cōmandment of the Iudge, he smiteth of the head, or casteth downe the ladder? or may not as much be said, for the excommunication whereof wee speake, that the Pastor onlie should ex∣communicate, when by vertue of his office, with the consent, and not by the prescript of the Elders associated vnto him, he should declare and pronounce the partie to be excommunicated? But let it bee graunted, that Rouland Allen, denounceth the lesson which is writtē in the paper, for him to read; yet is it cleare by the precept, that the same must bee done, by the prescript of Doctor Hone. Besides Doctor Hone, he citeth; he pre∣cognizateth, the parties, and they being absent, he pronounceth them contuma∣citer absentes, and in paenam contumaci∣arum suarum huiusmodi, decreeth them to be excōmunicate: and are not al these necessarie partes incident to the executi∣on of discipline by excommunication? And how then can the Minister, be saide to excommunicate alone, when Doctor Hone of necessitie must play three parts of the foure; without all, or without any

one of which parts, the excommunica∣tion by reason of a nullitie, is merelie voide? Againe, the acte being done as it were vno puncto, at vno halitu, and Rou∣land Allen, and Doctor Hone, having their commission from the Archdeacon, in solidum, how can their iudgement be devided? Furthermore to say that Rou∣land Allen doth excommunicate, by the authoritie of Doct. Hone, were to over∣throwe the intendement of the article: Because by the scope of the article, it is plaine, that the Presbyter, to be associa∣ted to the officiall, must onlie derive his authoritie from one, who hath taken ecclesiasticall orders. But those orders Doctour Hone never tooke, otherwise Rouland Allens presence, had bene vn∣necessarie and superfluous. And there∣fore if the excommunication be of any validitie, thē is discipline, by excommu∣nication in the Church of England ex∣ercised, partlie by one laie Elder (as they call him) and partly by one Ecclesiasti∣call Elder; wherein againe, it is worthy the observation, for the matter we haue in hand; that Doctor Hone, a mere laie & temporall man, hath authoritie from

the Archdeacon, to call, and associate vnto him, & to prescribe Roul. Allen a Presbiter, & an other mans hireling Cu∣rate in Southwark, to excōmunicate, not only the Parochians, of an other Pastors charge, but also any other Pastor what∣soever subiect to the Archdeacons iuris∣diction. And hath not the Kings High∣nesse then, as good right, as great a pri∣viledge, and as high a prerogative, to command Maister Doctor Andros, or Maister Doctor King, and lay Elders, by a lawfull election to be associated vnto either of them to excommunicate ei∣ther of their owne Parishioners, for pu∣blike drunkennes, or other notorious sinnes, committed in their owne Parish? For if it bee lawfull, at the voice of a lay stranger, that an hireling and stipendary Curate, should chase an other mans sheepe out of his owne folde, how much more is it lawful, that a true sheepherde, should disciplinate his own sheepe, fee∣ding and couchant within his owne pa∣sture and within his owne fold?

Furthermore touching the admit∣tance of governing Elders, or lay Elders (as they call them) vnto the Minister of

everie congregation, according to the former patterne of one lay Elder, that the same is not, a matter so strange, for lay men to bee ioyned in this charge of ecclesiasticall government, as the oppo∣sites * 1.60 beare vs in hande to be: it shall not be amisse, to cal vnto their remēbrances, one of our late Soveraigne the Queenes iniuctions, wherby certeyne lay persons called overseers, were commanded, to be chosen by the ordinaries, in every Parish for the better retayning of the people in obedience, vnto divine service. In everie Parish (saith the Iniunction) three or foure discrete men, which tender Gods glorie, and his true religion, shall be ap∣pointed, by the ordinaries, diligentlie to see, that all the parishioners duelie re∣sort, vnto their Church, vpon all Sun∣dayes, and holie dayes and there to con∣tinue, the whole time, of the godlie ser∣vice. And all such as shall be negligent, in resorting to the Church, having no great, or vrgent cause of absence, they shall streightlie, call vpon them, and after due admonition, if they amēd not, they shall denounce them to the ordina∣rie. Thus far the iniuction. Which, that

it is not meant of the Church War∣dens, appeareth by the verie next article; for vnto them, as is assigned an other name, so also another Office. That side∣men also, are not these kinde of over∣seers, is playne, in that they be neither so manie in number, as are here required, neither chosen by the ordinaries; nei∣ther yet do they admonish & denounce, according to this article. Wherefore be∣cause it is meete, that the effect of this Iniunction, being religious, should bee put in due execution, it seemeth a thing verie reasonable, and much tending to the honour of the King, that his High∣nes, vnder his letters patents would bee pleased, to appoint three, foure, or more discrete and faithfull persons in everie Parish, not onely to performe the effect of this article, but also generallie to oversee the life and maners of the peo∣ple, that without great & vrgent causes they resorte not vnto Typling-houses, or houses of evill note, and suspected fame; and that vpon the Sabboths, they vse no Heathnish dauncing, about their disguised May-poles: And after due ad∣monition if they amend not, to denoūce

them to the Pastor of the place. For then might the Pastor be encouraged, to giue * 1.61 his faithfull diligence, as at the time of his ordination, hee solemlie promiseth vnto the Bishop, alwayes to Minister the Doctrine and Sacramentes, and Disci∣pline of Christ, as the Lorde hath com∣manded; by which words inserted in the booke, there is a plaine and open con∣fession made by al estates in Parleament, that Christe hath not onely established * 1.62 discipline, but a certaine forme of disci∣pline, in his Church, and that the Pastor to whom the care, and charge is com∣mitted to teach the people, ought to mi∣nister the same discipline. For it had bene a verie absurd parte for the Parlea∣ment, to appoint the Bishop, to receaue a promise from the Minister, to minister the discipline of Christ, if Christ had not instituted a Discipline; or that the same discipline, which he instituted, had not in their iudgements belonged vnto the Minister. And therefore this verie letter of the booke cōvinceth the whole answere made vnto the abstract, touch∣ing this point to be verie erroneous, fri∣volous and impertinent, to the point in

question; For whereas in the abstract, it is alleaged, that the Bishop by vertue of * 1.63 the order and forme appointed, by acte of Parleament, bindeth the Minister, as∣well to minister the discipline of Christ, within his cure, as the doctrine and Sa∣cramentes of Christ, as the Lorde hath commaunded, &c. herevnto first he an∣swereth that these clauses do not dispo∣sitively, * 1.64 ordaine any thing for discipline, as though the lawe ment, by authoritie hereof, to establish, that the order in these thinges, by the Realme receaved, should be holden as agreeablie to the word of God, but must be taken enunciatively, to declare and affirme, that following the order by law established, they should doe agreeable to Gods will. But alas what repugnancie is there heard? for howe * 1.65 can the law declare and affirme, that the Ministers following the order by lawe established, shall doe agreeablie to Gods will, if the order in these thinges, by the Realm receaved, should not (by the mea∣ning of the law) bee holden as agreeable to the word of God? What? doth the law meane, that a man can doe agreeably to Gods will, in any thing, whiche is not a∣greeable

to his word? or if the law haue established, an order in the discipline, which is not agreeable to Godes worde, shall the Ministers do agreeably to Gods will, if they follow the Lawe? For the meaning of the law is plaine, viz. that the Minister by vertue of his promise made to the Bishop, shall be no further bound to minister any Doctrine, Sacra∣mentes or Discipline receaved by the Realme, vnlesse the Realme haue recea∣ved the same, according to the cōmand∣ment of God. For the Parleamēt having a religious consideration, that the Mini∣ster of Christ, must not haue so much respect, what the lawe of the Realme, as what the law of God commādeth, care∣fully provided for his indemnitie in this behalfe.

Besides, what a friuolous comment, hath hee made vpon the wordes of the * 1.66 booke, when he sayth, that these wordes of the Bishopp, doe not dispositiuely or∣deyne any thing for discipline? When as the question is not whether the Bb. words, but whether the lawe and booke dispose any thing for discipline? For the Bishop being but a servāt to the booke,

and to the lawe, and one vnto whose fi∣delitie the execution of the law & booke is committed, though he doe not by his wordes, dispose any thing of Discipline; yet by his demaunde, hee sheweth vnto the Minister, that the office of the Mini∣stration of discipline, within his cure & charge, is committed vnto him, & that by his ordination, his person is fully in∣abled, aswell to minister the Discipline, as to preach the doctrine of Christ. And herevpon also falleth to the ground, his other answere, as wholie impertinent to the point in questiō. For where he saith, that the Lawe meant not, by authoritie hereof, to establish that the order of these things, by the Realme receaved, should be holden as agreeable to the worde of God; this (I saye) seemeth wholie to bee impertinent to the purpose of the ab∣stract. For there is no such thing insinu∣ated, * 1.67 to be intended by the statute: onely the scope of the Authours drift, in that place seemeth to be this: viz. That eve∣rie Minister, by vertue of his promise, en∣ioyned by act of Parleament, to be made by him, and by the office of ministerie taken vpon him, at the time of his ordi∣nation,

hath bound him selfe, to mini∣ster the doctrine, sacramentes and disci∣pline of Christ, as the Lord hath com∣maunded. And what then if the Lawe, * 1.68 haue not authorized, disposed, or esta∣blished in particularitie; the order of these thinges, or if the Scripture haue not deli∣vered everie ceremonie, forme, or circum∣stance, about these three things, shall not the Minister therefore, minister these, or any of these three things at all? And sup∣pose, I pray you, that neither this, nor a∣nie other law, had in particularitie, ap∣pointed the ceremonie of the Crosse, the ceremonie of Godfathers, or any other ceremonie in Baptisme; or that the Law had not appoynted the ceremonie of kneeling, or any other ceremonie, at the celebration of the Lords Supper, should not the Minister therefore, minister nei∣ther Baptisme, nor the Lords Supper, in the charge committed vnto him? yes, he should. And why? forsooth because he hath promised so to doe, and because the Lorde hath commaunded him so to doe. Besides, sithence everie Minister, by vertue of his promise, and force of this law, is bound to teach the doctrine of

Christ, to the people of his charge, not∣withstanding he be not tyed, by the law of the Realm, nor by the holy Scripture, to any rite, ceremonie, or circumstance, or to any exact forme, or particuler ma∣ner in teaching, what reason can any mā pretend, that the not particularizing, of al rites, ceremonies, or circumstances, in the Scripture, or the not establishing, of any order, by the law of the Realm, touching discipline, should altogether hinder everie Minister, from the admi∣nistration of al discipline in the church? For as touching the aunswere, that the Ministers may, and doe exercise not the * 1.69 least partes of Discipline, of declaring by doctrine, according to the worde of God, mens sinnes to be bound, and loo∣sed, and the censure of rebuking and re∣proving * 1.70 openlie, and that the discipline * 1.71 which the Minister is to execute, reach∣eth no further, then to reach his Parish, with all diligence to keepe, and observe so much of the Doctrine, Sacramentes and Discipline of Christ, as apperteineth vnto them; as touching this aunswere (I say) it is as erroneous, as the former were frivoulous and impe••tinent. For as con∣solation

and comfort, by way of exhor∣tation, so reprofe, and sharpe rebuking, by way of dehortatiō, belong properlie, to that part of the Ministers function, which concerneth the binding and loo∣sing of sinners by doctrine, and not by discipline, and is but an application of the doctrine to a wounded, or seared cō∣science. Hee therefore that leaveth no other Discipline, to be executed by the Pastor of the church, then of declaring by doctrine, mens sinnes to bee bound, or loosed, and by teaching his Parish, to obserue, doctrine, sacraments, and disci∣pline, * 1.72 confoundeth the matters both of discipline and doctrine. Againe if not any other discipline, was ment to be at∣tributed, to everie Minister then such as is declared by doctrine, thē these words, viz. (and the discipline of Christ) were superfluouslie, and idellie added by the Parleament. For then had it bene suffi∣cient, for the Parleament, to haue enioy∣ned the Bishopp, to demaund of the Mi∣nister onely this and no more: viz. Whether will you giue all faithfull dili∣gence, to Minister the Doctrine and Sa∣craments of Christ? There is therefore

some other kind of discipline of Christ, intendeth by the Parleament, to be attri∣buted * 1.73 vnto euerie Minister, and where∣with also the law of the Realm doth en∣able euerie Minister, then is this maner of discipline of declaring by doctrine, & teaching the people. And this discipline also must needs be vnderstood, to be of the spirituall censures of the Church, because Christ neuer instituted any o∣ther discipline. And therefore because our opposites agree with vs in a genera∣litie that the doctrine, Sacraments, and * 1.74 discipline of Christ, are to be Ministred as the Lord hath commaunded onlie, & none otherwise, and yet neuertheles doe dissent from vs touching the persons, by whom this discipline is to be ministred, because (say they) everie particuler ce∣remonie, rite, or circumstance of exter∣nall policie, are not set downe in scrip∣ture, because of this their answere (I say) it is to be cōsidered; First, vnto what per∣sons, the function of the ministration of the discipline of Christ, by the holy Scriptures is cōmitted. Secondlie, whe∣ther the same persons with their functi∣ons, be arbitrable, ceremonious, rituall,

or circūstantiall to be altered, & chāged by authoritie of the Church, as thinges * 1.75 indifferent, yea or no. To the first, see∣ing to one and the selfe same person, the holie Scriptures attribute these two names, Bishop, and Pastor, thereby si∣gnifying what are the two duties, which belong to the same one person; and see∣ing also no one person by Gods word is called a Bishop or Pastour in regard of * 1.76 his fellow brethren, the other Bishopps * 1.77 or Pastours, but in regard of his owne flocke, which he overseeth; and seeing * 1.78 also in well ordered Churches, by the ordinance of God, certeyne men of ap∣proved godlines (called according to the common name of the Hebrewes, by the common name of Elders, whom partly calleth governors) were ioyned as ecclesiasticall Magistrats, to the Bishop, * 1.79 Pastor, or teaching Elder, by whose cō∣mon direction, & authoritie, ecclesiasti∣call discipline was practised; seeing (I say) these things are so, we affirme that the persons, to whom the ministratiō of the discipline of Christ, rightlie belon∣geth, are the persons onlie aboue speci∣fied and none other. And further we say

if any spirituall Discipline, or power, which directlie belongeth vnto the con∣science, * 1.80 be ministred in the church, by any other persons, thē by those persons only, that the same discipline is not to be called the discipline, but a mere pro∣phanation of the Discipline of Christ. For as it is vnlawfull, for any person, to vsurpe any part, of the Bishopps or Pa∣stors office, which consisteth in spiritual teaching the word and administring the sacraments; so is it also vnlawfull for any person to vsurpe any parte of a Bi∣shopps, Pastors, or Elders office which consisteth in spirituall rule and gouern∣ment. Whervpon it secondlie followeth, that the same persons, with their functi∣ons, are not arbitrable, ceremoniall, ri∣tuall, and circumstanciall, as things in∣different, to be altered, by the authoritie of the church, but perpetuall, substan∣ciall, essentiall, and as it were the verie mayne and fundamentall pillers, to vp∣hold, & stay the house of God, from all spirituall sliding, and falling downe. And therefore from the execution of the discipline of Christ, we seclude the per∣sons of all humane Archbishopps, hu∣mane

Bishoppes, Suffraganes, Archdea∣cons, Chauncelors, Commissaries, Offi∣cials, and all Rowland Allens, because their persons together with their fun∣ctions, are arbitrable, ceremonious, ritu∣all, traditionall, or circumstanciall, yea and removeable at the pleasure of the King and State.

Neither doth this disagree, from that * 1.81 which was erst sayd of a Bb. or Pastor, that they be all one, in respect of their function. For it is not sayd that an hu∣mane Bishop, and Pastor, but that a Bb. and Pastor are all one. For a Bb. simplie so called, is not a Bishopp, and Pastor, in respect of his fellowe brethren, but only in regard of his flocke, which he ouer∣seeth, feedeth, and ruleth. But a humane * 1.82 Bishopp is hee, that is promoted, vnto this dignitie by man, and who by mans authoritie taketh vpon him superoritie, & preheminence ouer them which are equall vnto him, touching their functi∣on, that intangleth himselfe with civill gouernment, and wordlie affaires, and whose Bishopplie office consisteth not so much, in the dispensation of Gods worde and Sacraments, as in Lordlie &

Bishoplie apparell, Crossing with the signe of the crosse, confirmation of chil∣dren, sole imposition of hands, sole ex∣communication, sole enioyning of ar∣ticles vpō the people and Clergie of his Diocesse, consecration of oratories, de∣legation of his episcopall authoritie to his Suffragane Vicar generall, and prin∣cipall officiall, and other such humane and Bishopplie functions. All which are after the customes, preceptes, and tradi∣tions of men. And albeit D. O. by vertue of the Queenes congedelier, were cho∣sen, by the Deane and Chapter of Lich∣field, in episcopum, & Pastorem ecclesiae Lichfieldensis, yet is hee never intituled * 1.83 with the dignitie of being the Lord Pa∣stor, but onely with the honor, of being the Lord Bishop of Lichfield, so that one and the self same person being a Bishop, and a Pastor, may be a Lord Bishop over Pastours, but not a Pastor, over Pastors. Wherevpon it followeth, that the Pasto∣rall * 1.84 authoritie, which hee hath in com∣mon, with his brethren, the other Pa∣stors of his Diocesse, is of no superioritie or proheminence, aboue theirs; and that touching the function, both of his,

and their Pastorall cure & charge, there is a paritie betwene him and them, by reason whereof, he can haue no power over them; because par in parem non ha∣bet imperium. But why is it, that he can not be called, Pastor Pastorum ecclesiae Lichfieldensis, Lord Pastor of the Pastors of the Church of Lichfield, and yet may be called Dominus Episcopus Pastorum ecclesiae Lichfieldensis, Lord Bishoppe of the Pastors of the Church of Lichfield. Why? but only for that there is custome, tradition, and the lawe of man, for his episcopall iurisdiction, and for that his pastorall function (if hee haue any) be∣longeth vnto him in common, with his brethren the other Pastors, iure divino. The Bishoppe then having these two se∣verall * 1.85 and distinct offices imposed vpon his person, the one by divine, the other by humane lawe, the one humane and episcopall, the other without pompe, & pastorall; there ariseth from thence this question: by which of those two fun∣ctions hee may lawfullie (I meane ac∣cording to Gods lawe) minister the Do∣ctrine, Sacramēts, & censures of Christ? If it be aunswered, that it is lawfull for

him, by vertue of his Pastorall office, to minister the doctrine and Sacramentes; and by force of his humane Episcopall office, to minister the censures of Christ, then is not the answere fitted to the que∣stion, the same being made, â bene con∣iunctis, ad male divisa. For the censures of Christ, as well as the doctrine of Christ, being simplie of divine ordināce, it must followe (if his episcopall power be only of humane right, & pastoral po∣wer, only of divine institution) that the censures may be ministred by authoritie derived only from mā, but the doctrine and sacraments, by power derived onlie from God. Which commixion of divine and humane right, in the execution of the ordinances of God, can no maner of wayes be sound, pure, and sincere, and therefore also can not be pleasing vnto God. For no more can the censures of Christ, to the pleasure of God, bee law∣fullie administred, by the authoritie of any one whose function is of man, and not of God; then could the sacrifice of God, be offered by one, who was a priest of man, and not of God. Now that hu∣mane episcopalitie, or Bishoppisme, in

the Church of England, is authorized, and deduced from the power and law of * 1.86 man, viz. of the King, & Realme alone, is evident, as well by the donation & en∣dowment of the auncient Bishoprickes founded by the Kingly prerogatives of the Kings of this Realme, as by the ere∣ction and establishment of the new Bi∣shoprickes of Chester, Gloucester, Bri∣stoll, Peterborough, and Oxford, with their cathedrall Churches, Seas, Cities, meeres and boundes of those humane Bishoppes, for the exercise of their epi∣scopall administration, according to an act of Parleamēt, authorizing the Kings Highnes, to make Bishoppes by his let∣ters patentes. Nay further that humane episcopall iurisdiction within the meres * 1.87 and boundes of every Diocesse within England is merelie of humane, and not of divine iustitution appeareth, by that power and authoritie which the Kinge hath in translating, & dissolving of Bi∣shoprickes, in conserving episcopall iu∣risdiction, * 1.88 sometimes to such persons, as be no Bishopps (as did William the Cō∣querour, when he gaue Episcopall pow∣er to the Abbot of Battayle,) and lastlie,

by the verie maner and forme of the no∣mination, licēce of election, authoritie of investiture, confirmation, and conse∣cration of Archbishoppes and Bishops, established by the more positive lawe of the Realme. But if it be aunswered, that * 1.89 the Bishoppe, by his humane episcopall power, doth minister the doctrine, Sa∣craments, and discipline of Christ, then is the case worse with him then it was before: because then, not onlie the Dis∣cipline of Christ, but also the doctrine & Sacramentes of Christ, should be mi∣nistred by that authoritie whiche is of humane institution. Besides, the answer should be vntrue, because the Bishoppe at the time of his cōsecration, doth not receyue anie authoritie to preache the worde, and minister the Sacraments; (for that authoritie was then commited vn∣to him, when first he was ordeyned to be a presbyter): But the authorite which he receyueth at the time of his consecrati∣on, is to correct, and punish such, as bee vnquiet, disobedient, and criminous within his Diocesse. Whereby once a∣gaine is that confirmed which was erst said, viz. That episcopall power in En∣glande

is not of divine, but of humane institution. Especiallie for that, by the scriptures, it can not bee prooved, that there be two seuerall & distinct formes of ordinations; the one called consecra∣tion, proper to a Lord Bishoppe, for the exercise of Discipline; the other called ordination, peculiar to a Pastor, or tea∣ching Elder, for the ministration of the word and Sacraments. Wherevnto last∣lie * 1.90 may be added another maine reason, that Episcopall power in Englande, to minister the discipline, can not therfore be of divine institution, because, if it were of divine institution, the Bishoppe could no more surrogate the same his episcopall power to his Suffragane, to his Vicar generall, or Rouland Allen, to minister the censures of Christ in his owne name, then he can depute them or any of them, to minister the doctrine & Sacramentes in his own name. But how doth it appeare, that the Vicar generall, Rowland Allen, or any other Presbyter, did ever excommunicate by the power, or in the name of the Bishoppe? For the profe hereof we shall not need to search any other authenticall record, then the

precept, and the practise before intrea∣ted of. For it is not saide in the precept, That the Presbyter, being armed with authoritie from Christ, but it is sayde, that the Presbyter, being armed with au∣thoritie, from the Bishoppe, or Archdea∣con, shall denounce the sentence of ex∣communication; the practise also of Doctor Hone, every way, confirmeth as much. For therein Doctor Hone doeth not chalēge to be an officer vnto Christ, but he sayeth, that he is the officiall of the venerable Archdeacō of Surrey; and that Maister Rowland Allen Presbyter, by vertu of his office, doth excommuni∣cate, the parties who obeyed not his mandates, who made not their appea∣rances before him, &c. If it be answered that Rowland Allen, though he be not an immediate officer from Christ, that yet nevertheles, he is a mediate officer, deputed to his office, by an immediate officer vnto Christ, vix. the Lord Bi∣shoppe, or Archdeacon: then we replie, and say: First, that the Lord Bishoppe, & Archdeacon, bee neither immediate, or mediate officers, appointed by Christ, to be Ministers of his discipline. Secondlie,

if they were immediate officers from Christ, that yet they haue no authoritie by the law of Christ, to transferre their right, or any part thereof, to an other person, or to depute an other person, in their name, or by their authoritie, to ex∣communicate. As for these words, viz: In Dei nomine, amen: nos Iohānes Hone, or nos Roulandus Allen, &c. sometimes vsed in their scedule of excommunicati∣on; it is but a prophaning of the holie name of God, whereby they make them selues guiltie, of the taking of the glori∣ous name of God in vaine. And thus much touching both the question and answer, whether the discipline of Christ, may be ministred, by the Bishoppes hu∣mane episcopall power, yea or no. But now on the other side (because no divine censure, can lawfullie be executed in the church, by that authoritie which is of humane institution) if it be aunswered, that the Bishop, by reason of his pasto∣rall * 1.91 power (which hee is saide, to haue over all the Pastours and people of his Diocesse) may lawfullie not onlie mini∣ster the worde and Sacraments, but also the Discipline of Christ, vnto them all;

then it followeth, that by a Pastourall power, one Pastour, may be a Pastour of Pastors, which is against the Scriptures, and contrarie to the brotherly & fellow∣like authoritie, which is common to all Pastours vnder the sunne, and betwene whom, touching their Pastourall fun∣ctions, there is to this day, by the Scri∣ptures, as litle superioritie, and as great a paritie, as ever there was betwene Apo∣stles, and Apostles; betwene Prophets, and Prophets; or betwene Evangelistes, and Evāgelistes; and as at this day, there is betwene Bishops, & Bishops; betwene Archbishops, and Archbishops; or be∣twene Patriarckes, and Patriarckes: yea and as is betweene Earles and Earles, Dukes and Dukes, Kinges and Kinges, Emperours & Emperours. For no grea∣ter superioritie, or preheminence, hath any one Pastor, over the person or fun∣ction of an other Pastour, touching the administratiō of any thing properly be∣lōging * 1.92 to either of their pastoral functi∣ons, thē hath one Emperor, over the per∣son or function of an other Emperor, or one King, over the person or functiō of an other King; or one Lord Bishop over

the person or function of an other Lord Bishop, or one Archbishop, over the per∣son or functiō of an other Archbishop, or then had one Apostle, over the person * 1.93 or function of an other Apostle. Nay then hath one eye over an other eye; one hand over an other hand, one arme over another arme, or one foot over another foote. And therefore if touching the functions which Pastors, either among them selues, haue in common one with the other, or which they haue over their flockes, there be no disparitie, but that the Pastors, to whom small flockes are committed, doe as reallie, and as truelie participate of the nature of true Pastors, as those great Pastours doe, vpon whose great shoulders, great burdens are impo∣sed; it behoveth great Pastors, to prove vnto vs, by the holie Scriptures, that by the institution of their great pastorall functions, they haue their power so en∣larged, as that thereby they may preach the Word, minister the Sacraments, and excommunicate: and that on the other side, the litle Pastours, haue their power by the institution of their petie pastorall offices, so streightned, as whereby they

may onlie preach the Word, and admi∣nister the Sacramentes, but not excom∣municate: it behooveth (I say) great Pa∣stors, to be able sufficiently to shew vnto vs these thinges out of the holy Scri∣ptures: or els it seemeth to stande, with reason and equitie, deduced from the same Scriptures, that a Pastor over a few, should haue like power to teach, and to governe a few, as a great Pastor over ma∣nie hath to instruct and to rule many. Marie, if they think, that only great Pa∣stors be true Pastors, & that great powers spirituall, be only true powers spirituall; then let them also conclude, that onely great Knights be true Knights, that only great Dukes bee true Dukes, that onely great Kings be true Kings, and that only great principalities temporall, bee true principalities temporall. Which con∣clusion * 1.94 if they shall iudge, to be conclu∣sionles; because King Rehoboam had as large a patent, to feede, and to command two Tribes, as King Solomon his Father had to command, and to feede twelue; or as the Archbishop of Yorke may sup∣pose him self to haue, over nine or tenne Counties, as the Archbishop of Canter∣burie,

cā haue over nine & thirtie or for∣tie: thē me thinketh it a matter, very rea∣sonablie of them to bee confessed, that all true Pastors, whether they bee great Pastors, or litle Pastors, may lawfullie ex∣ercise, all maner of such true power spi∣rituall, as vnto true spirituall Pastors by the holie scriptures doeth apperteyne. For if Bishops, being great Pastours, may therefore preach, & minister the Sacra∣ments, because they be, as they say, true Pastors; thē also may litle Pastors, ther∣fore excommunicate, because they bee, (as the scripture saith) true Bishoppes. Wherefore, if the L. Bishopp of London, by vertue of his Pastorall office, (as hee thinketh) which with his brethren the other Pastors of his Diocesse, he hath in commō deriveth vnto him, immediatlie from the word of God, may lawfullie excōmunicate: then the pastorall office, which Maister Doctor Androes hath ouer the people of his Parish of S^t. Gyles without Creeplegate, and the pastorall function which Maister Doctor Whyte hath ouer the people of S^t. Dunstones within Temple-barre, beeing as abso∣lutelie, & as immediatlie, deduced vnto

them, out of the same word; what profe can be made out of the worde, that the Bishoppe being not Lord Pastour of the Pastours of his Diocesse, may lawfullie by the worde excommunicate, all maner of offendors both Pastors and people, within his Diocesse; and yet neuertheles that neither Maister Doctor Androes, nor Maister Doctor Whyte, by the same worde may excommunicate, any one of their Parishioners at all? Nay further, what reason can there be afforded from the law of God, that Maister D. Abbot, Deane of Winchester, that Ma. Browne, Maister Barlowe, and diuers other pre∣bendaries, in the church of Winchester, hauing certeyne parochiall, and pasto∣rall churches, annexed to his, and their Deanrie, and Prebendes, and Maister D. Grey in his parish by their pastorall fun∣ctions, should haue absolute authoritie (vnlesse it bee during the time of the L. Bishoppes trienniall visitation) to exer∣cise the discipline of Christ, within their seuerall, and peculier churches; and yet notwithstanding, that neyther Maister Richman nor Mai. Burden, being both of them, graue, godlie, & learned Pastors

should haue at any time, anie pastorall authoritie, to exercise any censure at all? And as it is in the church of Winchester, so is it in the church of Paules, in the church of Salisburie, & in well nigh all, if not in all the Cathedrall, & Collegiall Churches, thoroughout the Realme. The Deane, Prebendaries and Canons, hauing certayne parochiall Churches, exempted from the Bishopp within their exempt and peculier iurisdictions, by mere Pastorall authoritie (for episcopal authoritie, by the lawes of the Church haue they none) may exercise all maner of spirituall censures, and that aswell by their substitutes as by them selues. Nay which is more, in Cheshire, Lancashire, * 1.95 Yorkeshire, Richmondshire, and other Northeren parts, there be manie whole Deanries, exempted from the Bishopps iurisdiction, wherein the Deanes and their substitutes, haue not onlie the pro∣bate of Wills, and graunting of admi∣nistrations, but also the cognisance of ecclesiasticall crimes, with power to vse the ecclesiasticall censures. Yea and this authoritie of the executiō of ecclesiasti∣call censures, haue those Deanes, either

long since by some papall priviledges * 1.96 obteyned, or els by long vse prescribed against the Bishopps. Whereby againe, it is clerelie convinced, that Episcopall excommunication vsed in the Church of England, is not of divine institution, but onlie by humane tradition. For were it of diuine right, then could the same * 1.97 no more bee prescribed, or by papall immunitie be possessed, thē could these Deanes prescribe power, or bee enfran∣chised to preach the word or to admini∣ster the Sacramentes.

These things haue we thus at large & more fullie intreated of, to the end that the Kings Highnes, and his Parleament, and all sortes of people, might well vn∣derstand, howe it is not altogether, an vnvsual and vnaccustomed thing, in the Church of England, that private & in∣feriour ministers (as they call them) in their owne right, and in their owne pa∣rochiall parishes, without any authoritie from the Bishoppe, should exercise even the highest censure of the Church. And that in sundry places of the Realm there is no preeminence in the matter of the execution of the censures, attributed to

a Bb. aboue a Minister. Nay, whiche is more, then is attributed to a Bb. aboue a * 1.98 lay man: yea then to such a lay man, who is authorized onlie, by a lay man to his office. Which is evident by the ecclesia∣sticall iurisdiction and censures, exerci∣sed a long time by lay men, in the pecu∣liar iurisdictions of Newton, Gronbie, Anstic, Soke of Rothelie, Evington, and other parishes & hamlettes in the Coun∣tie of Leycester. The officers of al which places, for their spirituall authoritie, having not had any other warrant, then such only as hath bin signed, sometimes vnder the hande and seale of the right Honorable the Earle of Huntingdon de∣ceased; sometimes of the Honorable Sir Henrie Grey knight; sometimes of Hen∣rie Skipwith Esquire, and sometimes of others.

For the avoyding therefore of sundrie intollerable inconveniences whiche hi∣therto hath ensued for want of that au∣thoritie, which the Law setled, doth en∣able every Minister with, It is most ex∣pedient, that all humane authoritie in the execution of spirituall censures, bee vtterlie taken away, and that the divine

and Evangelicall censures of Christ, bee ministred in every Congregation, where learned and godly pastors, with discrete Elders may bee had, as from the minde of the Lord they were executed, in the Apostolicall and primitiue church.

I had almost forgotten to speake of one common and vsuall kinde of iuris∣diction spirituall in the vse of the cen∣sures of the church, by the Archb. which in cases of their prerogatiue, they haue prescribed against the Bb. over the pre∣sbyters and people of euery Bishoppes Diocesse, and Archdeacons iurisdiction within their provinces: of one other cō∣mon and vsuall kinde of pretensed spi∣rituall iurisdiction, and vse of the cen∣sures, which the Archb. and sometimes the Deane and Chapiter, (sede Archie∣piscopali, or sede Episcopali vacante) exercise: and lastly, of that spirituall kinde of iurisdiction & censures, so cal∣led of the Church, whiche Suffraganes, and Archdeacons, haue and do vse.

As touching which supposed spiritu∣all power, both of the Archbishopps & Archdeacons, because the same their power, doth only belong vnto thē iure

consuetudinario & non scripto, by vn∣written, and not by written lawe; I must conclude against the iurisdiction of the Archbishopps prerogatiue, and against the Archdeacons iurisdictiō in all cases, as out of S^t. Cyprian, King Henry the eight concluded against the Pope. viz: That their authorities can not be from Christ. Because Christ saide, ego sum via, veritas, & vita. He neuer said, ego sum consuetudo.

Touching the iurisdiction of the Deane and Chapter, the papall lawe be∣ing abrogated, how the same may lawe∣fullie now bee vsed, otherwise then by sufferance and consent of the King, and Realme, I know not. But of all spirituall authoritie exercised at this day in the Church of England, the same semeth to draw most neare to the semblance of the gouernment practised by the Apostles and primitiue Church. And might bee approued in many points, if so bee the Deane and Chapter, being as it were a Senate of preaching Elders, did no more commit the execution of their ecclesia∣sticall iurisdiction, to the wisedome of one Vicar general, or principall official,

then they doe put over the leassing of their Landes, or dividētes of their rentes to the onlie discretion of one of their Baylifes, or Stewardes.

As for Bishoppes Suffraganes, in En∣glande and in Wales, how many there may be, and what Cities and Townes, are to be taken and accepted, for their Seas, it is at large expressed in a statute, made for the nomination of Suffraganes. By which statute also wee are given to vn∣derstand, that it remayneth onely in the disposition, and libertie of everie Arch∣bishop & Bishop within this Realm, &c. to name and elect two honest and dis∣crete spirituall persons, being learned, & of good conversation, and them to pre∣sent vnto the Kinge by their writing vn∣der their Seales, making humble request to giue to one such of the saide two per∣sons, as shal please his Maiestie, such title, name, stile & dignitie of Bishop of such Seas specified in the said act, as the Kings Highnes shall think most cōvenient for the same, so it bee within the same Pro∣vince, whereof the Bb. that doth name him is. Besides after such title, stile, and name given by the Kinge, it is saide that

the King shall present, every such person by his letters patentes, vnder his great Seale, to the Archbishop of the same Pro∣vince, wherein the Towne, whereof hee hath his title, name, stile and dignitie of Bishop; and that the Archbishop shall giue him all such consecrations, bene∣dictions and ceremonies as to the degree and office of a Bishopps Suffragane shall be requisite. It is further enacted, & pro∣vided that every person nominated, ele∣cted, presented, and consecrated accor∣ding to that acte, shall be taken, accep∣ted, and reputed in all degrees & places, according to the stile, title, name & di∣gnitie, that he shall be presented vnto, & haue such capacitie, power and authori∣tie, honor preeminence & reputation, in as large & ample maner, in & cōcerning the executiō of such cōmission as by any of the saide Archb. or Bb. within their Diocesse shall be given to the saide Suf∣fragane, as to Suffraganes of this Realm hertofore, hath bin vsed & accustomed. And that no Suffr. made & cōsecrated by vertue of this act, shall take or receiue a∣ny maner of profits, of the places, & Seas wherof they shall be named, nor vse, haue

or execute, any iurisdiction or Episco∣pall power, or authoritie within their said Seas, &c. but only such profites, iu∣risdiction & authoritie, as shall be licen∣sed, and limited vnto them, to take, do, and execute, by any Archbishopp or Bb. within their Diocesse, to whom they shall be Suffraganes vnder their seales. And that no such Suffragane shall vse any iurisdiction ordinarie or Episcopall power, otherwise nor longer time, then shall be limited, by such commission to him giuen vpon peyne, &c.

From which Act, touching the vse, & exercise of Episcopall power, and cen∣sures by the Suffragane, we may againe safely conclude, that the Episcopall po∣wer, graunted by the Bishops, to be vsed by the Suffragane, is not of diuine right, and institution, but only from humane devise and ordinance. For the Suffragan could not exercise any power called spi∣rituall or Episcopall, vnles by the Bb. he were nominated, by the King elected and presented, by the Archb. consecra∣ted, and by commission vnder the Bb. seale authorized, in what maner, and for what time he should exercise the same.

Custome then being not from heauen, but from the earth; and againe the Bb. commissiō limiting the Suffraganes de∣legated power being of man, and not of God, it followeth necessarilie, that, that Episcopall power, which the Bishoppes vse and exercise in England, can not be diuine but humane. Because Episcopall authoritie which is diuine, being con∣veyed from the Royall and Souerayne authoritie of our Sauiour Christ, the giuer of all power vnto euerie officer within his Church, can not be transfer∣red, to any other person, by the same Bb. by the King, by the bodie of the state, or by custome. For the Kings person, and bodie of the state, not being made capa∣ble by the holie scriptures, to vse and exercise that Episcopall power which is of diuine institutiō, can neuer transferre the same to others, whereof they be thē selues vncapable. And to defende that custome, or any municipall lawe, should transferre diuine Episcopal power from a divine Bishopp to any humane officer, is more erroneous.

And from hence if the now L. Bb. of London iudge his Episcopall power to

belong vnto him by divine, and that by the same right, he haue power, aswell to ordeyne, depose, suspend and excommu∣nicate presbyters, as to confirme boyes, girles, yong men & maydens,) there see∣meth to bee good reason that the same Bb. should make it apparantly knowne vnto the King & Realm, by what power or commission descended from heaven, hee may delegate vnder his Seale, the same his divine authoritie, of ordinati∣on, deposition, suspension, excommu∣nication, and confirmation, vnto Do∣ctour Sterne his now Suffragane of Col∣chester.

For if from the holy Scriptures, hee can produce no warrant, for the making of a delegation of any part, of that Epis∣copal power which he holdeth to be cō∣mitted vnto him frō our Savior Christ: then well may we conclude against the ordination, deposition, suspention, ex∣communication, & confirmation made by the same his Suffragane, that the same his Suffraganes ordination, depo∣sition, &c. is not divine. For how can an ordination, a deposition, &c. made

by a Suffragane, be divine, when as the commission graunted by the Bishop, is meerlie humane?

Wherefore seeing the Bishop himself, hath plucked certeyne of his principall feathers from his own spirituall winges (if so be his owne winges may be spiri∣tuall) and imped them with an vntwy∣sted thread of humane policie, to the humane trayne of his Suffragane; and seeing also his Archbishoppes grace of Canterburie, in cases of his metropoli∣ticall prerogatiue, the Archdeacons, London, Midlesex, Essex, Hertforde, the Deane of Paules, and certeyne pre∣bendaries in Paules, the Deane of West∣minster, the Maister of the Savoy, and divers other Persons, haue by Papall privileges, or by auncient custome pre∣scribed almost all other partes of his Episcopall power; there seemeth good reason, that the Bishoppe should againe declare, whether the Churches with∣in the saide Diocesse after the decease, or translation of his Lordshippe shall stande in neede of any Lordlie Suc∣cessour, to sitt in the same Sea, for a∣nie other profitable vse or purpose, then

onely for wearing of a whyte rochet, walking with a pastorall staffe, keeping seuen yeares Sabboth, from preachinge in his parishe Church of Fulham, con∣secrating of Chappels, hallowinge of Fontes, Christening (as they call it) of Belles, whyting of Walles, painting of Tombes, garnishing of Sepulchres, pre∣serving of superstitious Monumentes in glasse Windowes, repayring and gylding rotten and outworne Crosses, confir∣ming Leases of Benefices, with cure of soules, vpon small rentes, impropry∣ing Churches, or such like. For if the great thinges of his Episcopall power, may bee transferred, eyther by expresse, or by secret consent, eyther by commis∣sion or custome, and that as well to an inferiour, as to a superiour, as well to a Suffragane, a Deane, an Archdeacon, and a Prebendarie, as to an Archb. then it seemeth reasonable, that the smaler things, before spoken of, may well bee performed, without anie Lordly autho∣ritie.

When I had thus finished, according to our line, that whiche I firste vnder∣tooke, against the Admonitors preten∣sed

dangerous alterations, innovations, and inconveniences, & was also purpo∣sed, to haue added that which (in myne opinion) seemeth to prove that, whiche the Admonitor by his opinion, denyeth; viz: that the externall goverment of the Church should alwayes, and in all pla∣ces bee one, when (I saye) I had thus purposed, by reason of some other pre∣sent, and for the time more necessarie occasion, I was drivē to alter my mind, and to shewe the same, in a place some∣what more convenient.

And yet in the meane whyle, it shall not be amisse, but a thing verie necessa∣rie, in this place, so to cleare the state of the question, betweene the Admonitor and mee, as the same beeing rightlie before hande vnderstoode, there might no preiudicate opinion bee conceaved against the trueth.

The Admonitor against the not ha∣ving of one forme of externall policie in all ages and states of the Church of Christ, alleadgeth that in Denmarke, they haue Bishoppes, both in name and in office: that in Saxony they haue Arch∣bishoppes, and Bishoppes in office, but

not in name: that in Tigure, they haue no Senate of Elders; nor the discipline by excommunication, which they more mislike; that in Geneua, in Scotland, & in other places, they haue a gouernment not much vnlike that platforme which is desired to be amōg vs: that in Saxonie, & Basill they kneele at the Lordes Sup∣per: all Tigure they sitt, & it is brought vnto thē, & that in other places they go and receyue it, for the more expedition, as they passe. And that he doubteth not but that the learned men, whom God sent, to instruct those churches in which the Gospell in those dayes was first re∣ceyued, haue bin directed by the spirit of God, to reteyne this libertie, that in externall gouernment, and other out∣ward orders, they might choose such, as they thought in wisedom, and godlines, to bee most convenient, for the state of their countrey and disposition of the people.

Vnto all which we answere briefelie; viz. that Bishoppes both in name and in office beeing of diuine institution, ought aswell to bee in the Church of England as of Denmark. that it is an

errour (by their leaue) in the Church of Saxony, not to haue Archb. and Bb. in name, if so be they hold it lawful to haue Archb. and Bishops in office. For what should a necessarie officer doe, without a conuenient name? And touching the Church of Tigure, it is not materiall, what the same church doth thinke not tolerable, or doth more mislike, but what shee ought not to mislike, or what it ought not to think tollerable. And thē what a poore proofe is there here made (trowe we) for the confirmation of the corruptions in the Church of England, by producing for two witnesses, two er∣roures in the Church of Tigure. For not to like a Senate of Elders, and more to mislike excommunication, is more and more to slide out of the right way.

And sithence we haue the whole chri∣stian Kingdome of Scotland, the most famous, and renowmed Church of Ge∣neua, and sundrie Churches, by his con∣fession in other places, to be lights vnto vs, and to agree with vs, in a gouerment not much vnlike to that, which we de∣sire: wee haue not only great cause, to reioyce in this our desires, but also to be

much comforted and encouraged, by these examples, by all holie meanes, to labour the full accomplishment thereof. For by this testimony, & by these instan∣ces giuen & produced by him selfe, the Admonitor hath quite and cleane wea∣kened, and disabled, his owne generall position, opinion, and thoughts of the vnnecessaries, and inconvenientnes, of hauing the Apostolicall and primitiue gouernment, in the time of peace, vnder a Christian Magistrate.

For hath not the free Kingdome of Scotland, the free Citie of Geneva, and other Soueraigne and free Princes, Po∣tentates and Powers, (not being vnder Tyrantes, and persecution) receaved the same, as being the best, the fittest, the convenientest, & most necessarie gouer∣ment (yea even in the time of peace and vnder their christian Magistracie) for the state of their countrey, and disposition of their people?

And as touching rites & ceremonies, we affirme not, that every rite, ceremo∣nie or circumstance to be vsed in the ex∣ternall execution of church goverment, is preciselie sett down in the holy Scrip∣tures,

but touching the substance of go∣verment, thus we say, and thus we hold: viz. that the Officers and Governours appointed by our Saviour Christ, to bee over the Churches in everie Countrey (observing the generall rules of decen∣cie, comelines, and edification) haue li∣bertie, with the consent of their Christi∣an King, or other supreame Magistrate, to choose what rites & ceremonies, they in wisedome and godlines shall thinke most convenient. And therefore wee graunt that the officers of Christ, in the vse and dispensation of their functions, are no more exactlie tyed, by any direct commandement in the holy Scriptures, to vse at all times, and in all places, one only maner of rites & ceremonies, then were the Priests of the law, to vse all one maner of kniues, to kill their sacrifices, or the singers to sing all songes after one maner of tune, or vpon one kind of in∣strument: or then are Kinges & Princes in all Countreys commanded, to vse all kind of circumstances, in the outward execution of civill iustice in their com∣mon weales.

As then, as it was lawful for the Priests

to haue kniues and trumpets of divers fashions; and for the Levites to haue their Musicall instrumentes of divers formes: Nay as sundrie Iustices of peace, in sundrie Shires of the Kingdome, are not bound to keepe their quarter sessi∣ons, all in one day to begin, & to breake their sessions at one instant; to stande, to sit, & to walke, when soever they speake, to weare all one fashion, hates, cappes, cloakes, or gownes, and such like: so likewise, is it with the Bishops, Pastoures and Elders of the church.

In the ministration of Baptisme, there is no direct cōmandment, that the vessel to hold the water, for the childes Ba∣ptisme, should be of stone, of pewter, of brasse, or of silver; whether the Minister should descend to the lower ende, or the childe ascend to the vpper end of the church: Whether the child should haue a great handfull, or a litle sponefull of water powred vpon his head. In the ce∣lebration of the Lordes Supper, it is di∣rectlie commaunded, that the people shal stand, sit, or passe: whether it should be celebrated every first or second Sab∣both of the moneth; whether in the

morning; at noone, or at night. In the ordination of Ministers, there is no iust proofe to bee made, that any certeyne number of Ministers, are to lay on their hands, that the day of ordination should be alwayes one: that the Minister should bee of such an age, or that the prayers should bee of this or of that lenght and forme of wordes. And therefore touch∣ing these and such like thinges of indif∣ferencie, we agree with the Admonitor and reverend Bb. that one forme of ex∣ternall orders, rites & ceremonies is not of necessitie, to be in every Church, be∣cause there is no such order witnessed by the holy Scriptures to bee of necessitie. But touching the ioynt, & severall fun∣ctions of Bishops, Pastours, and Elders, that they, or any of them, should in any age or state of the church of Christ bee wanting, or that such offices as by war∣rant of the Scripture are coupled toge∣ther, should be severed, or that any other persons should be appointed, to execute any functions in the Church, then such persons only, as for their functiōs, haue warrant from the holy Scriptures, wee can not in any sorte therevnto agree.

And why? forsooth because all, both of∣fices, and officers in the Church, must only, and alonely, be derived from our Saviour Christ, as from the only foun∣taine and bestower of all officers, & of∣fices in the house of God. And therefore, albeit we should graunt, (as the Admo∣nitor hath saide) that the outward order vsed in the primitiue Church, touching rites & ceremonies, by Bishops, Pastors and Elders, is neither necessarie, nor so convenient as it may be otherwise, in the time of peace, & vnder a Christian Ma∣gistrate, yet we may not herevpō imply, as his negatiue implieth: viz. that Bi∣shops, Pastors & Elders, or any of them, are neither necessary, nor so convenient officers, or governours, as other officers of mans invention might be. For which our opinion (by the helpe of God) wee shall assay (as before hath bene mencio∣ned) in an other place, to lay down, out of the worde of God, some iust proofes, (according to the Admonitors request) that there ought to be in all ages and states of the Church, this outwarde or∣der & forme of goverment: viz. that Bishoppes, Pastours and Elders, ought

evermore to bee spirituall governours, and that evermore they, and none o∣ther, ought to vse that essentiall kind of spirituall goverment, and none other which was practised by the Bishoppes, Pastours and Elders, in the Apostolicall and primitiue Church. Allwayes lea∣ving the outward rites and ceremo∣nies of their spirituall kind of goverment, to be indif∣ferent, as erst hath bene said.

Notes

• * 1.1

  Book of cō∣mon prayer title, cōmu∣nation and cōfirmed by 5. and 6. Ed. 6. c. 1. prim. Eliz. c. 2. 8. Eliz. c. 1. Aristocracie in the church not hurtfull to the com∣mon wealth
• * 1.2

  Aristocracie in y^e Church optimarum, Prelacia pes∣simarum, potestas.
• * 1.3

  Prelacie ei∣ther Oligar∣chie or ty∣rannie.
• * 1.4

  Act. & Mo.
• * 1.5

  Nicholas Orem his o∣pinion of Oligarchie.
• * 1.6

  Thomas Aquinas what hee thinketh of Oligarchie.
• * 1.7

  Aristocracie a good re∣giment.
• * 1.8

  Oligarchie a corrupt regiment
• * 1.9

  It is to bee feared least (by the exā∣ple of Pre∣lates) Oli∣garchie bee brought in the common weale.
• * 1.10

  A caueat a∣gainst Oli∣garchie.
• * 1.11

  The gouer∣ment of the Church by Prelacie, is not Monar∣chicall.
• * 1.12

  Institut. de iure natur. gent & ci. § Sed & quod.
• * 1.13

  If the gou∣vernment of y^e Church by Prelacie bee Monarchi∣call, thē may the govern∣ment by Pa∣stors be so to
• * 1.14

  Ma. Horne, Bishoppe of Winch. Ma. Iewell, Bi∣shop of Sali. Mai. Bilson, Bishoppe of Winch.
• * 1.15

  No cause for a Monarch to feare, that his Christi∣an subiectes should haue the sence of Aristocracie in Church goverment.
• * 1.16

  Pastors dis∣claime to deale in civil matters.
• * 1.17

  The people of England haue their wits exerci∣sed with the sence of De∣mocracie & Aristocrarie
• * 1.18

  The maner of policie, by Pastors and Elders in the Church, is agreeable to the govern∣ment in the cōmō weale
• * 1.19

  The govern¦ment of the Church by Prelacie, dis∣agreeable to the govern∣ment vsed in the common weale.
• * 1.20

  The answer of an Italian Bishop, loth to loose his Bishopricke.
• * 1.21

  The answer of an En∣glish Bishop, having ob∣teyned his congedelier.
• * 1.22

  The maner of the admi∣nistration of spiritual iu∣stice in the Church, by Prelacie.
• * 1.23

  No one sub∣iect in the cō¦mon weale, can alone ex¦ercise civill iustice, in causes cri∣minall.
• * 1.24

  The admi∣nistration of spiritual Iu∣stice, by Pa∣stors & El∣ders, agree∣able to the execution of civill iustice in the com∣mon weale.
• * 1.25

  Maister D. Bancroft w^t his assistāts letter, able to represse Puritanes in one Parish, then Maister D. Stanhope alone, to re∣presse all in a Diocesse.
• * 1.26

  Matters in Leets and Lawdayes not ouerru∣led by one alone.
• * 1.27

  Breaches of the Kinges peace, not punishable by one alon
• * 1.28

  Iustice in a∣nie of the B. Courts, is not execu∣ted by one Iudge alone
• * 1.29

  In y^e Courts of Equitie are many as∣sistances.
• * 1.30

  Court of Requests.
• * 1.31

  Court of Wards.
• * 1.32

  Court of the chequer Chamber.
• * 1.33

  High courte of Chance∣rie.
• * 1.34

  Court of Starre-chā∣ber. 3. H. 7. c. 1. &. 21. H. 8. c. 20.
• * 1.35

  31. E 3. c. 21
• * 1.36

  14. E. 3. c 5
• * 1.37

  ••0. K. 2. c. 1
• a 1.38

  6. H. 6.
• b 1.39

  11. H. 5. c. 25.
• c 1.40

  19 H. 7. c. 7.
• d 1.41

  27. H. 8. c 27.
• e 1.42

  32. H. c. 45.
• f 1.43

  27. Eli. c. 8
• * 1.44

  Lord presi∣dent, and counsell in Wales. Lord presi∣dent & coū∣sell in the North parts Lord Depu∣tie, & coun∣sell in Ire∣lande. The Kinge, and his ho∣norable pri∣vie Counsel
• * 1.45

  The Kinge & his grand Counsell in Parleament.
• * 1.46

  The gouer∣ment of the Church, ought not to be, by one alone.
• * 1.47

  The gouer∣ment in the Vniuersities not by one alone.
• * 1.48

  The gover∣ment in Col¦leges not by one alone.
• * 1.49

  The gover∣ment in Ca∣thedral chur¦ches, not by one alone.
• * 1.50

  Ex. de exces. Prela. c. 〈◊〉〈◊〉. Exc. de 〈◊〉〈◊〉 quaes. cons. cap c. novit.
• * 1.51

  whether the degradation of a Minist. be waranta∣ble.
• * 1.52

  Monsieur de Plesis 164. in the seconde book of the Masse.
• * 1.53

  The ecclesi∣astical com∣missiō exer∣cised by ma∣nie commis∣sioners, and not by one.
• * 1.54

  The ecclesi∣astical com∣mission com¦manded by the Bb. if it please y^e king may be en∣larged vnto all Parishes wherein are godlie prea∣ching Mini∣sters.
• * 1.55

  No exceptiō to be taken against lay Elders to be authorized by the king in every Pa∣rish; sithence the king au∣thorizeth laie Elders, in everie ec∣clesiasticall cōmission.
• * 1.56

  Discipline of excom∣munication exercised by one laie El∣der and one ecclesiastiall Elder.
• * 1.57

  Articlo pro clero. c. de quibusdam circa excom: excessib. coercend: 1584.
• * 1.58

  D. Hones practise of the Bishopps article.
• * 1.59

  The Kinge, hathas good right to cō∣mand, excō∣munication, to bee exer∣cised, by a Pastor and Elders, as y^e Bb. haue to commit the same to a Curate, and one lay El∣der.
• * 1.60

  Lay men ap∣pointed by the Queenes iniuuctions, to execute some part of discipline.
• * 1.61

  Book of the forme of ordeining Priestes.
• * 1.62

  Everie Mi∣nister ought to minister y^e discipline of Christ in his own cure, by consent of parleament.
• * 1.63

  The Mini∣ster by pro∣mise bindeth himselfe to Minister the discipline of Christ.
• * 1.64

  Pag. 55. Pag. 60.
• * 1.65

  Regugnance in the aun∣swere to the abstract.
• * 1.66

  A frivolous comment vppon the wordes of the boo••e of ordeining Priestes, &c.
• * 1.67

  The answer to y^e abstract wholie im∣pertinent to the point in question.
• * 1.68

  The not dis∣posing in perticulari∣tie, all rites & ceremonies of discipline, doeth not hinder the exercise of discipline by the Minister.
• * 1.69

  Answere to the abstract. Pag. 59.
• * 1.70

  Pag. 55.
• * 1.71

  Discipline of declaring by doctrine, is called disci∣pline, erro∣neouslie.
• * 1.72

  Discipline & doctrine confounded by the An∣swerer.
• * 1.73

  The Parlea∣ment inten∣deth some other disci∣pline, then of declaring by doctrine.
• * 1.74

  Answere to the abstract. 55. 60.
• * 1.75

  To what persons the discipline of Christ by y^e scriptures is committed, & whether the persons bee arbitra∣ble or no.
• * 1.76

  Phil 1. 1.
• * 1.77

  Tit. 9. 1. 5. & 7.
• * 1.78

  1 Tim. 3. 1••
• * 1.79

  1 Cor. 12. 28.
• * 1.80

  The Disci∣pline of Christ pro∣phaned, if the same be ministred by other per∣sons, then y^e holie scrip∣tures doe appoint.
• * 1.81

  A Bishopp, Pastor and Elder, and our Lorde B. diffu.
• * 1.82

  what a lord Bishopp is.
• * 1.83

  The Lorde Bishoppe of Lichfield is neuer hono∣red with the title of be∣ing Lorde Pastor
• * 1.84

  Pastoral au∣thoritie of a Lord Bb & of other Pa∣stours, is e∣quall.
• * 1.85

  Whether a lord Bishop minister the doctrine, sa∣crament and discipline of Christ, by vertue of his lordlie epis∣copal or pa∣storall office
• * 1.86

  Lordlie epis∣copalitie au∣thorized on∣lie by the lawe of the Realme.
• * 1.87

  Note that King Henry the eight by letters pa∣tents made Bb. there∣fore, &c.
• * 1.88

  31. H. 〈◊〉〈◊〉. c. 9
• * 1.89

  25. H. 8. c. 20.
• * 1.90

  If the Lord Bishop, haue power to minister dis∣cipline by diuine right, thē no more can he com∣mit that his power, to an∣other, thē he can commit the power which hee hath of prea∣ching to an∣other.
• * 1.91

  Whether y^e L. Bishopp by pastorall authoritie, may excom∣municate a Pastor.
• * 1.92

  Pastoures ouer small flockes, are as truely pa∣stors as Pa∣stors ouer great flocks.
• * 1.93

  As great paritie be∣twene Pa∣stors & Pa∣stors, as be∣tween Apost∣les & Apost∣les.
• * 1.94

  Not onelie Kinges of great king∣domes, but also Kinges of small kingdomes, bee true kings.
• * 1.95

  Rurall Deanes in Cheshire, &c. vse some part of epis∣copall pow∣er.
• * 1.96

  Episcopall power to ex∣cōmunicate graunted by papall pri∣uiledges, or prescribed vse.
• * 1.97

  Power to excommu∣nicate, if it be of diuine right, may not be pre∣scribed.
• * 1.98

  No more preheminē∣ce given to a Bb then to a Minister, or to a lay man in some pla∣ces for the vse of excō∣munication.